Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Founding Partner, Boyden Gray & Associates
Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.
Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.
Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.
Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.
Partner, Baker & Hostetler LLP
Lee A. Casey focuses on federal environmental, constitutional and international law and Alien Tort Statute issues. He also advises clients on compliance issues under the Foreign Corrupt Practices Act (FCPA), U.S. trade sanctions regimes, and federal ethics requirements. Mr. Casey’s practice includes federal, district and appellate court litigation, as well as matters before federal agencies. Prior to joining BakerHostetler, Mr. Casey was an associate with Hunton & Williams, practicing in international, environmental and constitutional law. From 2004 through 2007 he served as an member of the United Nations Subcommission on the Promotion and Protection of Human Rights.
From 1986 to 1993, Mr. Casey served in various capacities in the federal government, including the Office of Legal Policy (1986-90) and the Office of Legal Counsel (1992-93) at the U.S. Department of Justice and served as Deputy Associate General Counsel at the U.S. Department of Energy (1990-92). The Office of Legal Counsel is responsible for advising the Attorney General and the White House on issues of constitutional law and statutory interpretation. The Office of Legal Policy served as a strategic “think tank” for the Reagan Justice Department and was responsible for reviewing candidates for appointments to the federal bench.
Before joining the government in 1986, Mr. Casey was an associate in the Los Angeles firm of Mitchell, Silberberg & Knupp, practicing in the litigation section, with an emphasis on copyright, contract and First Amendment issues. From 1984 to 1985, Mr. Casey served as Law Clerk to the Honorable Alex Kozinski, then Chief Judge of the United States Claims Court. From 1982 to 1984, he practiced at the Detroit firm of Dykema Gossett, focusing on corporate, securities, commercial and intellectual property litigation, and from 1990 through 1994, he served as an Adjunct Professor of Law at George Mason University School of Law in Arlington, Virginia.
Among the chapters, articles and papers that Mr. Casey has authored or co-authored are: “International Law and the Nation-State at the U.N.,” Reclaiming the Language of Freedom at the United Nations: A Guide for U.S. Policymakers, The Heritage Foundation (2006) (with David B. Rivkin, Jr.); “The Dangerous Myth of Universal Jurisdiction,” A Country I Do Not Recognize (ed. Robert H. Bork) (2005) (with David B. Rivkin, Jr.); “Leashing the Dogs of War,” The National Interest (Fall 2003) (with David B. Rivkin, Jr.); “The Limits of Legitimacy: The Rome Statute’s Unlawful Application to Non-State Parties,” 44 Va.J.Int’l L. 63 (Fall 2003) (with David B. Rivkin, Jr.); “Devil’s Advocates: The Danger of Judging Lawyers By Their Clients,” Policy Review (Feb. and Mar. 2002) (with David B. Rivkin, Jr.); “The Case Against the International Criminal Court,” 25 Fordham Int’l L.J. 840 (2002); “Europe in the Balance: The Alarmingly Undemocratic Drift of the European Union,” Policy Review (June and July 2001) (with David B. Rivkin Jr.); “Against an International Criminal Court,” Commentary, May 1998 (with David B. Rivkin, Jr.); “Federalism (Cont’d.),” Commentary, December 1996 (with David B. Rivkin, Jr.); “Presidents and War Powers: Another View,” Common Sense, Winter 1996 (with David B. Rivkin, Jr.); “How Binding Are Contracts?” The American Enterprise, Nov./Dec. 1993 (with David B. Rivkin, Jr.); and “Pirate Constitutionalism: An Essay in Self-Government,” 8 J. of L. & Politics 477 (1992).
Mr. Casey is a member of the California, Michigan and District of Columbia Bar Associations.
Partner, Baker & Hostetler LLP
Mark DeLaquil is a first-chair trial and appellate advocate who focuses on complex environmental and regulatory proceedings, First Amendment practice and political law.
Mark has been recognized by Chambers USA for environmental litigation (2015 to 2024) and has been named by Law360 as one of the "Top 5 Environmental Attorneys Under the Age of 40" on two occasions.
Senior Attorney, Sensient Technologies Corporation
Associate, Jones Day
Tara Fumerton has a broad range of experience in complex civil litigation, intellectual property law, and corporate internal investigations. Tara has litigated cases in state and federal courts involving class actions, fraud, federal and state False Claims Acts, RICO, patent litigation, and nationwide federal cases consolidated by the Judicial Panel on Multidistrict Litigation (so-called "MDL" cases). For several years, she has represented pharmaceutical companies in lawsuits throughout the country brought by private and government plaintiffs dealing with Medicare, Medicaid, and private insurance reimbursement. With respect to intellectual property law, her experience has primarily involved patent litigation involving semiconductors and semiconductor processing technologies. She also has represented a number of individual and corporate clients in internal and criminal investigations on a diverse range of topics. She has significant experience in managing complex discovery matters; taking, defending, and preparing witnesses for depositions; working with experts; and arguing motions before the court. In addition, she has drafted countless motions of all kinds in state and federal court, including mandamus petitions before the Texas Supreme Court.
Tara is a member of the Illinois Bar Association and The Chicago Bar Association.
Partner, Wise Carter Child & Caraway -- Jackson, Miss.
Executive Director, Ohio Dental Association
David J. Owsiany is the executive director of the Ohio Dental Association and a past president of the Columbus Lawyers Chapter of the Federalist Society.
He has served as CEO of a statewide health care association, president of the Buckeye Institute, chief of policy for the Ohio Department of Insurance, judicial law clerk for the Illinois Appellate Court, and staffer on the United State Senate Judiciary Committee.
Mr. Owsiany has written dozens of articles on legal and public policy issues for various publications, including the University of Toledo Law Review, the Federalist Society's State Court Docket Watch, Columbus Dispatch, Cincinnati Enquirer, Crain’s Cleveland Business, and Akron Beacon Journal.
Owsiany received his J.D. from Washington University School of Law in St. Louis and B.A. from the University of Michigan in Ann Arbor.
Professor, Cumberland School of Law, Samford University
Michael DeBow joined the Cumberland faculty in 1988. He regularly teaches courses in Property, Business Organizations, Administrative Law, Legislation, and Local Government.
Professor DeBow is a native of Tupelo, Mississippi. He received his bachelor's and master's degrees in economics from the University of Alabama (1976, 1978). He graduated from the Yale Law School in 1980, and is a member of the District of Columbia Bar.
DeBow's career included a stint in private practice in Washington, D.C., followed by a judicial clerkship with Judge Kenneth W. Starr of the U.S. Court of Appeals for the D.C. Circuit in 1983-84. DeBow then served as an attorney-advisor to Federal Trade Commission chairman James C. Miller III (1984-85), and a special assistant to Assistant Attorney General Douglas Ginsburg, in the Antitrust Division of the U.S. Department of Justice (1985-86). He began his teaching career at the University of Georgia business school, where he taught for two years prior to coming to Samford.
From 2000 to 2004, DeBow also acted in a part-time capacity as special assistant for legal policy to Alabama attorney general Bill Pryor. He was a visiting professor of law at George Mason University in 1999. He was a (nonresident) Salvatori Fellow of The Heritage Foundation during 1993-95, and a member of the executive committee of the Association of Private Enterprise Education during 1995-99. DeBow attended summer institutes in quantitative methods for law professors (George Mason Law & Economics Center, 1990), Austrian economics (NYU Department of Economics, 1997), and the study of freedom (Templeton Foundation Freedom Project, 2000). In 2008 he was named an Adjunct Fellow of the Alabama Policy Institute.
Professor DeBow has taught several undergraduate courses at Samford, including one which received a supporting grant from the John Templeton Foundation. Most recently, he taught an undergraduate course in law and economics for the Samford's Brock School of Business. He has also taught public health law for the UAB School of Public Health on several occasions.
DeBow's articles have appeared in such journals as the Texas Law Review, Harvard Journal of Law & Public Policy, Regulation, Policy Review, The Freeman, and the Journal of Law & Politics. He co-edits the Federalist Society's Pre-Law Reading List and its annotated bibliography of conservative and libertarian legal scholarship.
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, Wiley
Lee served as Chairman and Commissioner of the Federal Election Commission (FEC), where he successfully led the rulemaking to conform the agency's regulations to the Supreme Court's Citizens United and McCutcheon decisions and championed free speech on the Internet and free press rights. He previously had served as legal counsel and policy advisor to the Governor of Virginia and Attorney General of Virginia, associate general counsel of the University of Virginia, and general counsel to numerous political organizations. His experience covers a broad range of policy-oriented subjects, including federal and state campaign finance and ethics laws, First Amendment rights of political speech and association, political action on the Internet, taxation of the Internet, interstate regulation, and academic freedom. He has extensive experience in all aspects of election administration, having litigated state, local and congressional recounts, election contests, ballot access, voting rights, late poll openings, and delegate credentials.
He has been named a "Top Campaign & Elections Lawyer" by Washingtonian magazine. The Washington Examiner called Lee “a leading voice among conservative regulators in Washington” (2016) and “a tireless voice for First Amendment rights on the Internet” (2018); the Richmond Times-Dispatch dubbed him a “free-speech champion” (2018); The Hill labeled him “a happy warrior for the First Amendment” (2018); and the Washington Post called him a “sharp policy wonk” (1999). He is a frequent lecturer at law schools, universities, civic organizations, and continuing legal education programs. He has authored numerous articles on election law and a chapter on regulation of political speech on the Internet in Law and Election Politics: The Rules of the Game (Routledge 2013), and his writings have appeared in The Wall Street Journal, Richmond Times-Dispatch, Washington Examiner, Washington Times, Politico and other publications. He has served on the boards of several educational, cultural, and political non-profit organizations.
Breaking the Compact: Separation of Powers, Deference and Fair Notice in New Source Review
David B. Rivkin, Andrew E. Chasin, C. Boyden Gray, Lee A. Casey, Mark DeLaquil
For nearly thirty years, the Clean Air Act’s (CAA) New Source Review (NSR) program, as...
The Illinois Supreme Court: Judicial Activism, With Limits
James C. Dunlop, Tara A. Fumerton
In this article, we review Illinois Supreme Court cases in an attempt to discern the...
From the Crossing of the Rubicon to the Return of the Republic: The Mississippi Supreme Court's View of the Judicial Role, 1980-2004
James W. Craig, Michael B. Wallace
In a time of public need, there is a great temptation to use judicial power...
The Ohio Supreme Court: A Court at the Crossroads
David J. Owsiany
The Ohio Supreme Court has actively engaged in a series of usurpations of legislative authority...
The Road Back from "Tort Hell": The Alabama Supreme Court, 1994-2004
Michael DeBow
It would be difficult to find a state supreme court that has changed more in...
Mark A. Behrens & Andrew W. Crouse Review Shakedown: How Corporations, Government and Trial Lawyers Abuse the Judicial Process by Robert A. Levy
Mark A. Behrens, Andrew W. Crouse
Cato Institute Senior Fellow Robert A. Levy’s latest book, Shakedown: How Corporations, Government and Trial...
The Iraqi Special Tribunal: Securing Sovereignty from the Ground Up
The exercise of punitive criminal accountability pursuant to domestic laws is at the heart of...
Engage Volume 5, Issue 2, October 2004
ADMINISTRATIVE LAW & REGULATION Constitutional Restoration by Executive Order by John O. McGinnis CIVIL RIGHTS...
Swift Boat Democracy & The New American Campaign Finance Regime
Lee E. Goodman
Commonly known as McCain-Feingold in the Senate and Shays-Meehan in the House, the Bipartisan Campaign...
Bar Watch Bulletin October 2004
Diversity, Iraq, AG speculation
--In the October 2004 ABA Journal, ABA President Robert Grey, Jr. announced a new ABA...