Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
Zack is a Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Litigation Fellow, Institute for Justice
Howard Adler, Nome
Howard B. Adler is a retired partner at the international law firm Gibson, Dunn and Crutcher LLP. From 2019-21, he served as Deputy Assistant Secretary of the Treasury for the Financial Stability Oversight Council. He is the co-author of Surprised Again! The COVID Crisis and the New Market Bubble (2023).
Attorney, Center for American Future
Christian Townsend is an attorney with the Center for the American Future. Prior to joining the Foundation, Christian was a legal associate with the Cato Institute’s Robert A. Levy Center for Constitutional Studies.
During law school, Christian interned in Washington, DC at the New Civil Liberties Alliance and the Cato Institute and in Cambodia at the law offices of Tilleke & Gibbins.
Christian received his JD from Indiana University Maurer School of Law, where he was the President of IU’s chapter of the Federalist Society and Executive Online Editor of the Indiana Law Journal. Christian attended undergrad at Cedarville University where he received BAs in political science and history. He is licensed to practice law in Texas and Maryland.
Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
Zack is a Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Associate, Wheeler Trigg O'Donnell LLP
Daniel Nightingale is an appellate attorney at a law firm in Denver. He specializes in high-stakes appeals and commercial litigation nationwide, helping clients navigate challenging cases on appeal and through major motions practice. Dan has briefed and argued cases in courts across the country, including the U.S. Supreme Court and several federal circuit courts. In addition to his appellate practice, Dan also regularly supports trial teams with high level strategy, pre- and post-trial briefing, and complex legal analysis. He has a vibrant pro bono practice as well, which focuses on free speech and life issues.
Before entering private practice, Dan clerked for then-Justice Allison Eid of the Colorado Supreme Court and Judge Joseph Bianco then of the Eastern District of New York. He graduated with honors from the University of Chicago Law School.
Legal Counsel, Alliance Defending Freedom
Julia Payne serves as legal counsel for Alliance Defending Freedom’s Center for Life. In this role, she defends the sanctity of life by litigating both beginning and end of life issues.
Before joining ADF, Payne worked at the Office of the Indiana Attorney General as a deputy attorney general for five years. While at the AG’s office, she managed all of Indiana’s pro-life litigation and also worked on cases concerning immigration, religious liberty, federalism, the Commerce Clause, criminal procedure, federal habeas corpus procedures, civil asset forfeiture, local and special laws, and the common law powers of the attorney general. She has argued cases before the U.S. Court of Appeals for the 7th Circuit, the Southern District of Indiana, and Indiana state courts.
Payne graduated cum laude from Indiana University Maurer School of Law in 2017, where she served as an editor on the Indiana Law Journal and won best brief in the Sherman Minton Moot Court Competition. During law school, Payne interned as a clerk for Indiana Solicitor General Tom Fisher and as a Blackstone Fellow with ADF’s Center for Academic Freedom in Atlanta. She also served as president of the Christian Legal Society and as an officer for the Advocates for Life and the Federalist Society.
Before law school, Payne graduated summa cum laude from Western Kentucky University with a B.A. in History and a B.A. in Spanish. As an undergraduate, Payne studied abroad in both Spain and China. On campus, she served on the Student Government Association Judicial Council, led the music ministry for the Catholic Campus Center, and was an active member of Omega Phi Alpha Service Sorority. Payne was also a founding member of the Hilltoppers for Life, which helped spur her interest in First Amendment and pro-life issues. Payne is a member of the bars of the Indiana Supreme Court, the Northern and Southern Districts of Indiana, and the Seventh Circuit.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Deputy Assistant Attorney General, Office of Legal Policy, Department of Justice
GianCarlo Canaparo serves as Deputy Assistant Attorney General in the Office of Legal Policy at the Department of Justice. There, he oversees the Office's regulatory work and is the Department's liaison to the Office of Information and Regulatory Affairs. He also assists the White House in the process of selecting nominees for federal judgeships and advises Department leadership on policy and legal matters.
Before joining the Department, Canaparo was a senior legal fellow at The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies where he researched constitutional law, administrative law, and civil rights.
Canaparo’s scholarship has appeared in various law reviews including the Harvard Journal of Law and Public Policy, the Notre Dame Law Review, the Georgetown Journal of Law and Public Policy, the Texas Review of Law and Politics, and the Administrative Law Review. His research has been cited by Justice Neil Gorsuch and featured in the Wall Street Journal and Washington Post. His analysis has appeared in Law & Liberty, Civitas, Fox News, The National Review, Law 360, FedSoc Blog, and other outlets.
Canaparo co-hosted The Heritage Foundation’s SCOTUS 101 podcast, which follows the Supreme Court’s arguments and opinions and features interviews with judges, advocates, and scholars.
After graduating Georgetown law, Canaparo spent three years at the law firm of Skadden, Arps, Slate, Meagher & Flom and two years as a federal law clerk. He earned his bachelor’s degree in economics from the University of California at Davis.
Canaparo is a classical pianist and organist.
Founder, Chairman, and CEO, Louis D. Brandeis Center for Human Rights Under Law
Hon. Kenneth L. Marcus is an internationally recognized expert in civil and human rights, as well as a leader in the fight against anti-Semitism on and off university campuses. He is the Founder, Chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law, the leading civil rights legal organization fighting against anti-Semitism. The New York Times has called him “The Man Who Helped Redefine Campus Anti-Semitism.” He been described, in that paper, as “the single most effective and respected force” to combat anti-Semitism.
During his public service career, Marcus served as Assistant U.S. Secretary of Education for Civil Rights; Staff Director at the U.S. Commission on Civil Rights; and General Deputy Assistant U.S. Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity.
In academia, he serves as Professorial Lecturer in Law at George Washington University. He formerly held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York’s Bernard M. Baruch College, served as Visiting Research Professor of Political Science at Yeshiva University, and was a Board of Visitors member George Mason University and Distinguished Senior Fellow at that university’s law school. He is a member of the editorial board of the Journal of Contemporary Antisemitism and previously served as Associate Editor of the Journal for the Study of Anti-Semitism.
Marcus is also author of The Definition of Anti-Semitism (Oxford University Press) and Jewish Identity and Civil Rights in America (Cambridge University Press). He has published widely in academic journals as well as in more popular venues such as The Wall Street Journal, Washington Post, Newsweek, USA Today, and Politico. He is a graduate of Williams College and the University of California at Berkeley School of Law.
Earlier in his career, he was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He also serves as Chairman emeritus of the Executive Committee of the Federalist Society for Law & Public Policy Civil Rights Practice Group.
The Myth of Mass Incarceration Remains Strong—Despite All Evidence to the Contrary
Zack Smith
Federalist Society Review, Volume 25
A review of Jeffrey Bellin, Mass Incarceration Nation: How the United States Became Addicted to...
In Wyoming, Supreme Court Rules Canine Sniffs Outside Vehicles Don’t Need Probable Cause
Nicholas DeBenedetto
Last June, the Wyoming Supreme Court unanimously held that the Wyoming Constitution does not...
What Kind of Money is Best?: An Interesting New Investigation
Howard B. Adler
A review of Lawrence H. White, Better Money: Gold, Fiat, or Bitcoin? (Cambridge University Press...
Supreme Court of Texas Holds Governor Can Preempt Local Mask Orders
Christian Townsend
The Covid-19 pandemic produced many interesting and important constitutional questions. From vaccine mandates[1] to student...
New Jersey Supreme Court Rules Police Need Wiretap Order to Access Nearly Real-Time Facebook Activity
Zack Smith
New Jersey police officers sought to “compel Facebook to provide the contents of two users’...
Georgia Supreme Court Rules that State’s Heartbeat Law Is Not Void Ab Initio
Daniel Nightingale, Julia Payne Koon
In Georgia v. SisterSong Women of Color Reproductive Justice Collective,[1] the Georgia Supreme Court ruled that...
2023 Civil Justice Update
Mark A. Behrens
White Paper
This paper reviews key civil justice issues and changes in 2023. Part I discusses legal reform...
2023 Civil Justice Update
Mark A. Behrens
White Paper
This paper reviews key civil justice issues and changes in 2023. Part I discusses legal reform...
Utah Supreme Court Recognizes Fifth Amendment Right in Phone Passcodes
GianCarlo Canaparo
With each new development in communication and surveillance technology come new Fourth and Fifth Amendment...
The Landmark Case Of Shaare Tefila v. Cobb
Kenneth L. Marcus
Federalist Society Review, Volume 25
A review of Annalise E. Glauz-Todrank, Judging Jewish Identity in the United States (Lexington Books 2023)...