Vice President and Legal Director, National Right to Work Legal Defense and Education Foundation, Inc.
William Messenger is Foundation Vice President and Legal Director. He was a staff attorney for over twenty years and, during that time, represented individuals in numerous cases that sought to expand worker freedom of choice. This includes acting as lead counsel in three cases before the United States Supreme Court. In 2018, Messenger argued Janus v. AFSCME Council 31, where the Supreme Court held it violates the First Amendment for governments and unions to compel individuals to financially support unions and their speech. Originally from Youngstown Ohio, Messenger attended Ohio University as an undergraduate and then the George Washington University School of Law.
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.
Jeremy Kidd graduated in 2007 with honors from George Mason University School of Law, where he was Executive Editor for the Journal of Law, Economics & Policy. He holds a BA in economics and political science and a Ph.D. in economics from Utah State University.
After law school, he practiced as a real estate associate with Ballard Spahr Andrews & Ingersoll in Washington, D.C. and later as a litigation associate with Strong & Hanni in Salt Lake City, Utah. He clerked for the Honorable Ted Stewart on the U.S. District Court for the District of Utah and the Honorable Alice Batchelder, Chief Judge of the U.S. Court of Appeals for the Sixth Circuit.
Professor Kidd's primary teaching interests are in the areas of business associations, torts, contracts, and law and economics. He was a Visiting Assistant Professor at George Mason University School of Law and has taught courses in business law and economics at Utah State University and Weber State University.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Director of Policy Studies & Senior Fellow, The Free State Foundation
Seth L. Cooper is Director of Policy Studies & Senior Fellow at The Free State Foundation. His work on federal communications and technology policy at the Free State Foundation began in 2009.
With Randolph May, Mr. Cooper is the co-author of Modernizing Copyright Law for the Digital Age: Constitutional Foundations for Reform (2020) and Constitutional Foundations of Intellectual Property: A Natural Rights Perspective (2015), both published by Carolina Academic Press. Along with Mr. May, Mr. Cooper also co-authored A Reader on Net Neutrality and Restoring Internet Freedom (2018) and #CommActUpdate: A Communications Law Fit for the Digital Age (2017), both published by Free State Foundation Press. He previously contributed to two chapters in Communications Law and Policy in the Digital Age (2012), published by Carolina Academic Press. Mr. Cooper's work has also appeared in such publications as CommLaw Conspectus, the San Jose Mercury News, Forbes.com, the Des Moines Register, the Baltimore Sun, the Washington Examiner, and the Washington Times.
Mr. Cooper previously served as Director to the Telecommunications and Information Technology Task Force at the American Legislative Exchange Council (ALEC). Mr. Cooper served as judicial clerk to the Honorable James Johnson at the Washington State Supreme Court. His co-writings about the Washington Supreme Court have appeared in the Gonzaga Law Review and in Federalist Society publications. He has worked in law and policy staff positions at the Washington State Senate and at the Discovery Institute's Center for Science & Culture. Mr. Cooper is a 2009 Lincoln Fellow at the Claremont Institute. He also has worked in private practice in the State of Washington, handling civil legal matters involving personal injuries, small business, contracts, and wills, trusts, and estates.
Mr. Cooper earned his B.A. degree in Political Science from Pacific Lutheran University and received his J.D. from Seattle University School of Law.
Professor, Gonzaga University School of Law
Law clerk for Justice Stephen Bistline, Idaho Supreme Court, 1979-80; in private practice with Lukins & Annis, P.S., Spokane, (1980-84); assistant professor, Oklahoma City University (1984-87); Senior Fellow, Discovery Institute, Seattle, Washington.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Director of Policy Studies & Senior Fellow, The Free State Foundation
Seth L. Cooper is Director of Policy Studies & Senior Fellow at The Free State Foundation. His work on federal communications and technology policy at the Free State Foundation began in 2009.
With Randolph May, Mr. Cooper is the co-author of Modernizing Copyright Law for the Digital Age: Constitutional Foundations for Reform (2020) and Constitutional Foundations of Intellectual Property: A Natural Rights Perspective (2015), both published by Carolina Academic Press. Along with Mr. May, Mr. Cooper also co-authored A Reader on Net Neutrality and Restoring Internet Freedom (2018) and #CommActUpdate: A Communications Law Fit for the Digital Age (2017), both published by Free State Foundation Press. He previously contributed to two chapters in Communications Law and Policy in the Digital Age (2012), published by Carolina Academic Press. Mr. Cooper's work has also appeared in such publications as CommLaw Conspectus, the San Jose Mercury News, Forbes.com, the Des Moines Register, the Baltimore Sun, the Washington Examiner, and the Washington Times.
Mr. Cooper previously served as Director to the Telecommunications and Information Technology Task Force at the American Legislative Exchange Council (ALEC). Mr. Cooper served as judicial clerk to the Honorable James Johnson at the Washington State Supreme Court. His co-writings about the Washington Supreme Court have appeared in the Gonzaga Law Review and in Federalist Society publications. He has worked in law and policy staff positions at the Washington State Senate and at the Discovery Institute's Center for Science & Culture. Mr. Cooper is a 2009 Lincoln Fellow at the Claremont Institute. He also has worked in private practice in the State of Washington, handling civil legal matters involving personal injuries, small business, contracts, and wills, trusts, and estates.
Mr. Cooper earned his B.A. degree in Political Science from Pacific Lutheran University and received his J.D. from Seattle University School of Law.
Professor, Gonzaga University School of Law
Law clerk for Justice Stephen Bistline, Idaho Supreme Court, 1979-80; in private practice with Lukins & Annis, P.S., Spokane, (1980-84); assistant professor, Oklahoma City University (1984-87); Senior Fellow, Discovery Institute, Seattle, Washington.
Judge, United States Court of Appeals, Sixth Circuit
John K. Bush is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit. His chambers are in Louisville, Kentucky. Prior to joining the court, Judge Bush was a partner in the Louisville office of Bingham Greenebaum Doll LLP, where he also was co-chair of the firm’s litigation department. He began his legal practice in the Washington, D.C. office of Gibson Dunn & Crutcher LLP.
Judge Bush served as a law clerk for Judge J. Smith Henley of the United States Court of Appeals for the Eighth Circuit. He was graduated summa cum laude from Vanderbilt University in 1986, and cum laude from Harvard Law School in 1989.
Wendell H. Ford Professor of Law, University of Kentucky J. David Rosenberg College of Law
Paul E. Salamanca graduated from Dartmouth College in 1983 and Boston College Law School in 1989, where he was a note editor for the Boston College Law Review and a member of the Order of the Coif.
Professor Salamanca served as a law clerk to Judge David H. Souter of the U.S. Court of Appeals for the First Circuit, and subsequently clerked for Justice Souter on the U.S. Supreme Court. He practiced law with the firm of Debevoise & Plimpton in New York from 1991 to 1994 and was a visiting assistant professor of law at Loyola University School of Law in New Orleans before joining the faculty at the University of Kentucky College of Law in June 1995.
Professor Salamanca writes in the areas of separation of powers, freedom of speech, freedom of religion, and privacy. He has published articles on these subjects in the University of Cincinnati Law Review, the Missouri Law Review, the Georgia Law Review and the Kentucky Law Journal, among other places.
From 2019 until 2021, Professor Salamanca served as a Senior Counsel and then as a Deputy Assistant Attorney General in the Environment and Natural Resources Division (ENRD) of the United States Department of Justice. His duties included supervision of the Natural Resources and Land Acquisition Sections of ENRD.
Judge, United States Court of Appeals, Sixth Circuit
John K. Bush is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit. His chambers are in Louisville, Kentucky. Prior to joining the court, Judge Bush was a partner in the Louisville office of Bingham Greenebaum Doll LLP, where he also was co-chair of the firm’s litigation department. He began his legal practice in the Washington, D.C. office of Gibson Dunn & Crutcher LLP.
Judge Bush served as a law clerk for Judge J. Smith Henley of the United States Court of Appeals for the Eighth Circuit. He was graduated summa cum laude from Vanderbilt University in 1986, and cum laude from Harvard Law School in 1989.
Wendell H. Ford Professor of Law, University of Kentucky J. David Rosenberg College of Law
Paul E. Salamanca graduated from Dartmouth College in 1983 and Boston College Law School in 1989, where he was a note editor for the Boston College Law Review and a member of the Order of the Coif.
Professor Salamanca served as a law clerk to Judge David H. Souter of the U.S. Court of Appeals for the First Circuit, and subsequently clerked for Justice Souter on the U.S. Supreme Court. He practiced law with the firm of Debevoise & Plimpton in New York from 1991 to 1994 and was a visiting assistant professor of law at Loyola University School of Law in New Orleans before joining the faculty at the University of Kentucky College of Law in June 1995.
Professor Salamanca writes in the areas of separation of powers, freedom of speech, freedom of religion, and privacy. He has published articles on these subjects in the University of Cincinnati Law Review, the Missouri Law Review, the Georgia Law Review and the Kentucky Law Journal, among other places.
From 2019 until 2021, Professor Salamanca served as a Senior Counsel and then as a Deputy Assistant Attorney General in the Environment and Natural Resources Division (ENRD) of the United States Department of Justice. His duties included supervision of the Natural Resources and Land Acquisition Sections of ENRD.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Pre-recognition Agreements: Can Employers Lawfully Acquire Contractual Control Over the Future Representative of Their Employees Under § 8(A)(2) of the NLRA?
William L. Messenger
Consider a hypothetical. An attorney enters into contract with a company. The company agrees to...
"Class" Arbitration? What About the Rights of Absent "Class" Members?
Edward C. Anderson, Kirt D. Knutson
During the past two decades, in response to the cost,risk and inefficiency of the litigation...
Premises Owner Liability for Secondhand Asbestos Exposure: The Next Wave?
Frank Cruz-Alvarez, Mark A. Behrens
Asbestos litigation has evolved over the years as plaintiffs’ lawyers have raised new theories of...
Costing "Early Offers" Medical Malpractice Reform: Trading Non- Economic Damages for Prompt Payment of Economic Damages
Jeffrey O'Connell, Jeremy Kidd, Evan Stephenson
In personal injury cases, the current system of tort liability has long been unworkable, especially...
"Playing in the Joints Between the Religion Clauses"... And Other Supreme Court Catchreses
Even when the U.S. Supreme Court reaches the right result in a matter involving church-state...
The Washington Supreme Court: A Special Issue Report
Andrew Cook, Seth L. Cooper, David K. DeWolf
But, in light of the American constitutional understanding of the separation of powers, we need...
The Washington Supreme Court: A Special Issue Report
Andrew Cook, Seth L. Cooper, David K. DeWolf
But, in light of the American constitutional understanding of the separation of powers, we need...
“Eight Ways to Sunday”: Which Direction, Kentucky Supreme Court?
John K. Bush, Paul E. Salamanca
Attempted synthesis of the rulings of Kentucky’s highest court threatens to go the proverbial “eight...
“Eight Ways to Sunday”: Which Direction, Kentucky Supreme Court?
John K. Bush, Paul E. Salamanca
Attempted synthesis of the rulings of Kentucky’s highest court threatens to go the proverbial “eight...
Increasing the Security of Elections: The Effect of Identification Requirements on Turnout of Minority Voters
Hans A. Von Spakovsky
Voter fraud is a well-documented and existing problem in the United States. While it is...