Judge, United States Court of Appeals, Ninth Circuit
Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.
As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.
President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.
Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.
Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.
A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.
General Counsel, University of Kentucky & Former Solicitor General of Virginia, University of Kentucky
William E. Thro, the General Counsel of the University of Kentucky, is an accomplished university attorney, appellate advocate, and legal scholar.
As the Chief Legal Officer for the University of Kentucky, he provides proactive strategic advice on critical legal and policy issues confronting a public flagship land grant research university with an integrated academic medical center and a high profile athletics program. Before assuming his present position in 2012, he spent more than twenty years representing public universities including eight years as the first in-house counsel at Christopher Newport University.
As Solicitor General of Virginia for four years, he was responsible for the Virginia State Government’s U.S. Supreme Court litigation (except capital cases) as well as lower court appeals involving the constitutionality of statutes or politically sensitive issues. He argued two cases in the U.S. Supreme Court and numerous cases in the lower appellate courts. He co-authored seven U.S. Court merits briefs, eleven U.S. Supreme Court amicus briefs, and more than fifty briefs at the petition stage. He received two Best Brief Awards from the National Association of Attorneys General.
As a legal scholar, he focuses on constitutional law in educational contexts. He has more than sixty publications in law reviews or peer reviewed journals as well as numerous monographs, book chapters, and encyclopedia entries. In recognition of his scholarly work, he received Stetson University’s Kaplin Award for Excellence in Higher Education Law & Policy Scholarship (2014) and became a Fellow of both the National Education Finance Conference (2012) and the National Association of College and University Attorneys (2007).
He has served as President of the Education Law Association, Chair of the Virginia Bar Association’s Appellate Practice Section, Board Chair for a local Red Cross Chapter, on the Boards of both the National Association of College & University Attorneys and the National Education Finance Academy, and an Elder in the Presbyterian Church (U.S.A.).
A native of Kentucky, he received his undergraduate degree summa cum laude from Hanover College. In addition to receiving the Crowe Citation as the outstanding male in his class, he was the first Hanover student to become a Harry S. Truman Scholar. He earned a graduate degree with honours from the University of Melbourne while attending as a Rotary Foundation International Ambassadorial Scholar. His law degree is from the University of Virginia where he was a published member of the VIRGINIA LAW REVIEW and research assistant to constitutional law professor A.E. Dick Howard. He began his legal career as a judicial clerk to the late Judge Ronald E. Meredith of the U.S. District Court for the Western District of Kentucky in Louisville.
He is married to the Rev. Dr. Julie Urback Thro and has two children in college (Sandra, Will) and one in high school (Noah).
Former Director (consultant), International Affairs, The Federalist Society
From 2005 to 2025, Jim Kelly served on a consulting basis as the Federalist Society’s Director of International Affairs, responsible for outreach to law students, lawyers, and judges in Canada, Europe, and Israel. From 2005 to 2008, he served on the U.S. National Commission to UNESCO, and as Chairman of its Social and Human Sciences Committee. From 2001 to 2008, he served as an official U.S. delegate to five international human rights conferences. In 2019, the U.S. State Department appointed Jim to serve as one of the two U.S. members on the European Commission for Democracy through Law (the “Venice Commission”). In 2020, the State Department named him as an expert to the OSCE Moscow Mechanism. In March 2022, he initiated Ukraine’s consideration and use of the Moscow Mechanism to conduct the first official international investigation of the Russia-Ukraine conflict, which resulted in the Report on Violations of International Humanitarian and Human Rights Law, War Crimes and Crimes Against Humanity Committed in Ukraine (1 April – 25 June 2022). Jim is the Founder of, and Director of Research for, Global Governance Watch, a web-based project that monitors the global governance activities of the UN’s sustainable development and ESG agenda. In 2022, in connection with his position as a Lecturer at the Busch School of Business at Catholic University of America, he authored Evolution of Business, Human Rights, & ESG, consisting of 28 one-hour presentations about the technocratic, anti-democratic, anti-capitalist, and religious nature and practices of the ESG movement. Jim is Founder and President of Solidarity Center for Law and Justice, P.C., which, since 2001, has filed amicus curiae briefs in five landmark U.S. Supreme Court educational and religious liberty cases. He is the Founder and General Counsel of the Georgia GOAL Scholarship Program, Georgia’s largest K-12 tuition tax credit scholarship program, which, since 2008, has awarded scholarships worth $224.3 million to 21,744 students for use at the accredited private K-12 schools of their choice. He has served on the Georgia Judicial Nominating Commission and Georgia Board of Juvenile Justice. In 2005, he authored Christianity, Democracy, and the American Ideal, a collection of the writings of the French-Catholic philosopher, Jacques Maritain. Jim earned his BBA and Law degrees from the University of Georgia. He also earned a Master of Taxation degree from Georgia State University, a Master of Non-Profit Management degree from Regis University, and a Master of International Relations degree from Salve Regina University. Jim and his wife, Lisa, reside in the Atlanta area.
Former Inspector General of the Corporation for National and Community Service
Gerald Walpin, the new Inspector General of the Corporation for National and Community Service, has vowed a vigorous effort to investigate and prosecute all persons who betray the public’s trust by defrauding the Corporation and its programs.
A prominent New York attorney, Walpin was nominated by President George W. Bush, confirmed by the U.S. Senate and sworn into office on January 8, 2007. He leads the Office of Inspector General (OIG), an independent Federal agency charged with oversight over the taxpayer-supported Corporation and its service programs, including AmeriCorps, Volunteers in Service to America (VISTA)and Senior Corps.
“My major objective is to expand upon the good work of this office by preventing, detecting and prosecuting all thefts and frauds,” said Walpin. “The reality is that such misconduct takes precious resources away from deserving people, the same way the theft of a welfare check hurts a single mother who needs that money to buy milk for her children. For that reason, this office will seek out and ensure sanctions for all wrongdoing involving Corporation funds.”
Walpin said his other major goal is to “assist the Corporation in making its services efficient and accessible for all national service stakeholders.”
A New York City native, Walpin graduated from College of the City of New York in 1952. He earnedhis law degree, cum laude, in 1955 from Yale Law School, where he was managing editor of the Yale Law Journal. From 1957-60, he served as a lieutenant in the United States Air Force Judge Advocate General.
His career included a five-year stint as Chief of Prosecutions for the United States Attorney for the Southern District of New York, where he successfully prosecuted a number of high-profile cases. He spent more than 40 years as senior partner and, more recently, of counsel to New York-based Katten Muchin Rosenman LLP.
Mr. Walpin has represented a wide range of clients, including large public corporations, securities brokerage firms, accounting firms, law firms, banks in lender liability claims, and individuals, both American and foreign, in securities litigations, employment litigations, criminal prosecutions, and investigations by the United States Securities and Exchange Commission. Both as an Assistant U.S. Attorney and in his law firm, he was frequently called upon to investigate fraudulent conduct.
Included in the published compilation “The Best Lawyers in America,” Mr. Walpin served from 2002-2004 as president of the Federal Bar Council, the association of attorneys practicing in the Second Circuit Federal courts. In 2003, he was honored with the American Inns of Court Professionalism Award for outstanding professionalism as an attorney and for mentoring younger lawyers.
Walpin and his wife Sheila, married for almost 50 years, have three children and six grandchildren.
Inspector General of the Corporation for National and Community Service
Chief of Prosecutions in the New York U.S. Attorney's Office.
President of the Federal Bar council
Senior Partner of and Council to Katten Muchin Rosenman LLP
Chief of Prosectutions for the US Attornery for the Southern District of New York
Lieutenant in the US Air Force Judge Advocate General
B.A., College of the City of New York, 1952
J.D., Yale Law School
Executive Vice President & General Counsel, Atlantic Legal Foundation
Larry Ebner brings more than 50 years of litigation knowledge, experience, and skills to the Atlantic Legal Foundation, where he is Executive Vice President & General Counsel. He oversees ALF’s judicial advocacy activities, including its renowned, nationwide, amicus curiae (“friend of the court”) program. In addition to monitoring and analyzing cases for possible ALF amicus participation, Larry reviews requests for ALF amicus support and personally authors ALF’s amicus briefs on a wide variety of cutting-edge legal issues in the Supreme Court, federal courts of appeals, and state appellate courts. Since joining ALF in September 2020, Larry has authored or managed more than 100 Supreme Court and other amicus briefs on behalf of the foundation.
Larry began practicing law in 1972 following graduation from Dartmouth College and Harvard Law School. His first legal position was as an Honors Program attorney in the Civil Division of the U.S. Department of Justice. Larry then spent 42 years as a Washington, D.C.-based litigator and appellate practice leader at a now-global law firm, where he focused on federal constitutional, statutory, and regulatory issues . In 2016 Larry launched his own, independent, nationwide appellate litigation boutique, Capital Appellate Advocacy PLLC.
Larry devotes most of his professional time to ALF, where he joins the foundation’s officers, directors, advisors, and supporters in advocating for individual liberty, free enterprise, property rights, limited and responsible government, sound science in judicial and regulatory proceedings, and effective education, including parental rights and school choice.
Larry has been elected as one of approximately 350 Fellows of the American Academy of Appellate Lawyers, whose membership is reserved for highly skilled and experienced appellate advocates. His volunteer professional activities include serving as Chair of the Federation of Defense & Corporate Counsel’s Appellate Law Section. During 2023 & 2024 he was Chair of the DRI Center for Law and Public Policy.
In July 2025 FDCC awarded Larry its John Appleman Award, which “honors the Substantive Law Section Chair who has made the most outstanding contribution to the advancement of the FDCC’s educational goals through the work of his or her Section.”
In October 2024 DRI awarded Larry its Tom Segalla Excellence In Education Award. The Award is given to a “member of DRI whose contributions through legal scholarship exemplify the highest educational standards of the organization and further its mission of improvingthe skills of the defense practitioner.” DRI is the largest bar association of civil defense attorneys and in-house counsel.
Thomson Reuters has repeatedly selected Larry as one of only several Washington, D.C.-based, solo-practitioner Appellate “Super Lawyers.”
Larry is a prolific author and sought-after speaker on appellate practice-related subjects, such as strategic use and effective drafting of amicus briefs.
Barbara and Larry Ebner have been married for 53 years. They enjoy traveling throughout the United States and spending time with their daughters and grandchildren.
Of Counsel, Wimberly, Lawson, Steckel, Schneider & Stine P.C.
Elizabeth K. (Betsy) Dorminey is of counsel with the firm. She received a B.A. magna cum laude from the University of Georgia in 1976, a license ès lettres from the Sorbonne in 1978, a J.D. from UGA’s Law School in 1981, and an LL.M. from Columbia in 1984. She clerked for the Hon. Ed Carnes on the U.S. Court of Appeals for the Eleventh Circuit and worked for the U.S. Departments of Justice and Commerce prior to joining the firm. Ms. Dorminey is a member of the State Bars of Georgia, Connecticut, and New York, and is admitted to practice in Federal District and Appellate Courts throughout the Southeast. With Larry Stine and Mark Waschak, she is co-author of “Occupational Safety & Health Law: Compliance and Practice” (Thomson/West 2008). Her practice concentrates in all aspects of employer defense, including but not limited to litigation the Fair Labor Standards Act, Title VII employment discrimination, and occupational safety and health. She is a member of the Executive Committee of the Labor & Employment Practice Group of the Federalist Society, and serves on the Board of the Friends of the Georgia Museum of Art.
Splitting the Ninth Circuit: Why Chief Judge Schroeder and Split Opponents Should Swap a Broad Circuit for a Broader Perspective
Diarmuid F. O'Scannlain
One month after the opening article in this series appeared in the October 2005 issue...
The Spending Clause Implications of Rumsfeld V. Forum for Academic and Individual Rights
William Thro
In Rumsfeld v. Forum for Academic & Institutional Rights,the Supreme Court of the United States...
Constitutional Rights of the Boy Scouts
Scott H. Christensen
For the past quarter century, Boy Scouts of America has been defending itself against legal...
(Pre)Clarifying the Muddy Red Waters of the Texas Redistricting War
Charles S. Bullock, Ronald Gaddie
The fight for political preeminence in the Texas congressional map unfolded amidst upheaval in governing...
In the Name of Human Security: UNESCO and the Pursuit of Global Governance
James P. Kelly
Recently, the United Nations has been promoting a human security agenda. On January 1, 2001,...
The President's Wiretap IS Constitutional
Gerald Walpin
The quotation above sounds as though it might have come from President Bush or one...
The Blackberry Case—An Alternate Ending
Lawrence S. Ebner
For more than six months I have been ruminating about the BlackBerry patent infringement case...
Supreme Court on eBay
Kenneth Godlewski, Tom Corrado, Eric Sophir
In eBay, Inc. v. MercExchange, LLC, the Supreme Court rendered a highly anticipated decision holding...
“Public Interest” Led, Judge-Made Law: The Case of the Tree Planters
Elizabeth K. Dorminey
In a concerted and well-funded litigation effort, a soidisant public interest law firm is conducting...
The Unanticipated Consequences of Employment at Will: Providing Damages in Restrictive Covenant Enforcement Cases
Larry R. Wood
The employment at-will doctrine is a creature of the common law that has long protected...