Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Founder, Latitude, LLC
Brian Hook is the founder of Latitude, LLC, an international strategic consulting firm based in Washington, DC.
Mr. Hook worked on the Romney campaign as senior advisor on foreign policy. He chaired the foreign policy and national security task forces of the Romney Readiness Project. From 2010-2011, he was the foreign policy director of Governor Tim Pawlenty’s presidential campaign.
Mr. Hook served in a number of positions during the Bush Administration, including Assistant Secretary of State for International Organizations; Senior Advisor to the U.S. Ambassador to the United Nations; Special Assistant to the President for Policy, Office of the Chief of Staff; and Counsel, Office of Legal Policy, at the Justice Department.
From 1999-2003, he practiced corporate law at Hogan & Hartson in Washington, D.C.
Before practicing law, he served as a policy advisor to Iowa Governor Terry Branstad and to U.S. Congressman James Leach.
Adjunct Lecturer, The Bush School of Government & Public Service, Texas A&M University
Margaret Peterlin has transitioned across industries and organizations, having served as a Senior Vice President at AT&T following her senior leader position at the U.S. Department of State as Chief of Staff to Secretary Rex Tillerson. Previously, she was as a global executive at Mars, Inc, co-led a large, federal agency, worked for both the Speaker, and the Majority Leader, of the House of Representatives, clerked for a U.S. Court of Appeals Judge, and served as a commissioned officer in the U.S. Navy. Having served in all three branches of the federal government, and in two, global companies, she is now spending time in academia.
Associate, Ropes & Gray
Peter has significant experience in representing mutual funds, private equity funds, hedge funds, corporations and individuals in complex securities and corporate litigation matters, including the representation of the directors and officers of several public companies in securities class actions and breach of fiduciary duty actions. Peter also is experienced in litigating contested merger transactions, including strategic, financial and going private transactions. Peter has been involved in advising committees of directors at several large corporations concerning corporate governance and related issues in the context of mergers and acquisitions and other strategic alternatives, as well as related-party transactions, internal investigations and litigation. Peter currently serves as the Chairman of the Directors and Officers Liability Litigation Committee of the American Bar Association and is a member of the ABA Business Law Section's Task Force on Director and Officer Liability.
Peter also has significant experience, as both a litigator and adviser, in representing directors and officers of public and private corporations, as well as principals of private equity and hedge funds, in connection with their indemnification and director and officer insurance programs. Peter was involved in the successful representation of the outside directors of the Enron Corporation in litigation involving Enron's $450 million director and officer insurance program.
Peter has represented several public companies and investment advisers in connection with investigations conducted by the Securities and Exchange Commission and has also represented public companies and an investment advisor in connection with criminal investigations conducted by the Department of Justice.
Peter also represents clients in the health care industry in enforcement and litigation matters. Peter has helped to represent a large health care company in investigations conducted by the federal government, including by the Department of Justice, and by state enforcement authorities.
In 2004, Peter served as a Special Assistant District Attorney in Middlesex County. Peter prosecuted some fifteen jury and bench trials and argued legal and evidentiary motions on a daily basis.
Judge, U.S. Court of International Trade
M. Miller Baker was appointed as a Judge of the United States Court of International Trade on December 18, 2019, by President Donald J. Trump. Judge Baker entered on duty on December 20, 2019.
A native of Terrebonne Parish, Louisiana, Judge Baker grew up in Louisiana and Wyoming and attended Louisiana State University. Judge Baker thereafter earned his J.D. from Tulane University Law School and was admitted to the Louisiana bar in 1984 at age 22. After graduating from Tulane, he served as a law clerk to Judge John Malcolm Duhé, Jr., of the United States District Court for the Western District of Louisiana and then for Judge Thomas Gibbs Gee of the United States Court of Appeals for the Fifth Circuit. Following his judicial clerkships, from 1986 until the end of the Reagan Administration on January 20, 1989, Judge Baker served in the Justice Department under Attorneys General Edwin Meese III and Richard Thornburgh, first as an attorney-advisor in the Office of Legal Policy, and later as a special assistant to the Assistant Attorney General for Civil Rights. Judge Baker then entered private practice in Washington, D.C., until 1991. From 1991 to 1993 he served as counsel to Senator Orrin G. Hatch on the staff of the Senate Judiciary Committee.
Following his service on the Judiciary Committee staff, Judge Baker returned to private practice in Washington, D.C., focusing on complex civil litigation involving a wide range of subjects at the law firms of Carr Goodson Warner (1993–2000) and McDermott Will & Emery LLP (2000–2019). At McDermott, Judge Baker co-chaired the firm’s appellate practice group.
When he was in private practice, Judge Baker argued before the Supreme Court, nine of the thirteen federal courts of appeals, and appellate courts in three states and the District of Columbia. In 2009, The American Lawyer named Judge Baker as “Litigator of the Week” for one of his Supreme Court wins. In addition to his appellate practice, Judge Baker litigated in state and federal trial courts in seventeen states and the District of Columbia.
From 1986 to 1995, Judge Baker served as a naval reserve intelligence officer and received an honorable discharge. His duties included serving with an anti-terrorist unit, on the battle staff of an admiral commanding a carrier battle group operating in the North Atlantic during a large NATO exercise in the Cold War, and as a watch officer in the Navy Command Center in the Pentagon during the Persian Gulf War.
In the aftermath of 9/11, Judge Baker testified before the House and Senate Judiciary Committees on constitutional and policy issues associated with continuity of government. He also testified before the Continuity of Government Commission, a bipartisan study commission established by the American Enterprise Institute and the Brookings Institution.
Judge Baker and his wife Margaret have five children, two of whom are active duty military officers.
John Hampton Baumgartner, Jr. Professor of Real Property Law; Faculty Director, Georgetown Environmental Law and Policy Program; Faculty Director, Georgetown Climate Resource Center, Georgetown Law Center
Professor Byrne joined the Law Center faculty in 1985. After graduation from the University of Virginia law school, he served as a law clerk to Judge Frank Coffin and U.S. Supreme Court Justice Lewis Powell and then worked as an associate with the D.C. firm of Covington & Burling. He teaches and writes in the areas of Property, Land Use, Constitutional Law, and Higher Education Law and Policy. He served as Associate Dean for the JD Program from 1997 to 2000. He was John Carroll Research Professor in 1996-97.
Professor of Constitutional Law, Pepperdine University School of Law
One of America's best known scholars and popular commentators on the law, Professor Douglas W. Kmiec holds the endowed chair in constitutional law at Pepperdine Law School. He came to this position after serving several years as dean and St. Thomas More Professor of Law at The Catholic University of America in Washington, D.C., and for nearly two decades, on the law faculty at the University of Notre Dame. As dean at Catholic University, Professor Kmiec did what many said would be impossible; he greatly increased academic quality and student selectivity at the same time he deepened the school's religious commitment. During his tenure, the law school moved into the upper tier of the U.S. News ranking from tier three. At Notre Dame, he was director of Notre Dame's Center on Law & Government, and the founder of its Journal of Law, Ethics & Public Policy. Beyond the university setting, Kmiec served Presidents Ronald Reagan and George Bush during 1985-89 as constitutional legal counsel (Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice).
A wide-ranging writer and engaging speaker, Professor Kmiec writes a syndicated column for the Catholic News Service, and for several years wrote a regular column in the Chicago Tribune. He is also a frequent contributor to the pages of the Los Angeles Times, Wall Street Journal, and other periodicals. He is the co-author (with legal historian Stephen Presser of Northwestern) of three books on the Constitution -- The American Constitutional Order; Individual Rights and the American Constitution and The History, Structure and Philosophy of the American Constitution. Another recent book, Cease-Fire on the Family (Crisis Books/Notre Dame) attracted scholarly and popular acclaim for proposing realistic ways for families to "end the culture war" by renewing personal virtue and civic responsibility within itself. He has also written The Attorney General's Lawyer (Praeger 1992), and several respected legal treatises.
Professor Kmiec's scholarly research spans legal and non-legal subjects, from the Constitution and the federal system, to land use and the organization of America society. He is a frequent guest on national news programs, such as Nightline, the Newshour, and NPR's Talk of the Nation, analyzing constitutional questions.
A White House Fellow (1982-83), Professor Kmiec is one of a few individuals who has received the Distinguished Service Award from two cabinet departments —the Department of Justice in 1987 and Housing and Urban Development in 1983. In 1988, he was awarded the Edmund J. Randolph Award by the attorney general. He has lectured on the U.S. Constitution in Asia as a Fulbright Distinguished Scholar.
An honors graduate of Northwestern, Professor Kmiec received his law degree from the University of Southern California, where he served on the Law Review and received the Legion Lex Commencement Prize for Legal Writing. He is a member of the bar of the U.S. Supreme Court and the state bars of Illinois and California.
B.A., with honors, Northwestern University, 1973
J.D., University of Southern California, 1976
Partner, Marzulla Law
Roger J. Marzulla is one of the nation’s leading environmental, water, and property lawyers. As Assistant Attorney General in charge of the U.S. Justice Department’s Environment and Natural Resources Division, Roger learned first hand the operations and litigation styles of his client agencies: EPA, Interior Department, Bureau of Reclamation, Fish and Wildlife Service, National Marine Fisheries Service, Department of Transportation, Department of Commerce. In 1997, he co-founded Marzulla Law, where he brings to bear more than 35 years of expertise representing companies and individuals in industries as diverse as land and project development, aerospace, chemicals, oil and gas, mining, timber, manufacturing, computers, agriculture and water service.
Roger began his legal career as a trial lawyer in San Jose, California, after graduating magna cum laude from the University of Santa Clara School of Law. As a partner in Matthews & Marzulla he represented developers, title and construction companies, shopping centers, apartment owners and lenders in litigation throughout California. In 1981 he moved to Denver to become President of Mountain States Legal Foundation, litigating environmental and natural resource cases across the West.
In 1983 Roger joined the Justice Department as Special Litigation Counsel. He was subsequently promoted to Deputy Assistant Attorney General and, in 1987, was confirmed by the Senate as Assistant Attorney General in charge of the Environment and Natural Resources Division. At the Justice Department, Roger helped create litigation strategies for government programs as diverse as Superfund, the Clean Air Act, off-shore oil leasing, environmental crimes, federal facility clean-up, wetlands, endangered species and hazardous waste enforcement, as well as Presidential Order EO 12,630 (Government Interference with Private Property Rights).
In 1989 Roger returned to private law practice, successively heading the environmental law practices of the Powell, Goldstein and Akin, Gump law firms.
Since 1997, as a partner in Marzulla Law, Roger has continued to represent corporate and business clients in a wide array of environmental and property issues in courts across the country, frequently in litigation against the United States. He also assists clients in attaining compliance with environmental, health and safety regulation, and in avoiding risks in transactions.
Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus, Vanderbilt University
James Ely is a renowned legal historian and property rights expert whose career accomplishments were recognized with both the Brigham-Kanner Property Rights Prize and the Owner's Counsel of American Crystal Eagle Award in 2006. He is the author of several books that have received widespread critical acclaim from legal scholars and historians, including The Guardian of Every Other Right: A Constitutional History of Property Rights, The Fuller Court: Justices, Rulings and Legacy in which he examines the work of the Supreme Court between 1888 and 1910, Railroads and American Law in which he systematically explores the way that the rise of the railroad shaped American legal culture, and The Contract Clause: A Constitutional History. He also is the author of numerous articles dealing with the rights of property owners. He served as an editor of both the Oxford Companion to the Supreme Court, and the second edition of the Oxford Guide to Supreme Court Decisions. Professor Ely received the Tennessee History Book Award in 2002 for A History of the Tennessee Supreme Court. Between 1987 and 1999, he served as an associate editor of the American Journal of Legal History. Since Professor Ely joined Vanderbilt faculty in 1972, he has been frequently recognized by students as one of the law school's outstanding teachers.
President, Constitutional Accountability Center
Doug is founder and President of the Constitutional Accountability Center (CAC), a think tank, law firm and action center dedicated to fulfilling the progressive promise of our Constitution's text and history. He previously founded and directed Community Rights Counsel (CRC), CAC's predecessor organization. Doug has represented clients in state and federal appellate courts around the country and he has co-authored more than a dozen briefs filed before the U.S. Supreme Court. He is co-author of three books and lead author of numerous reports and studies. He launched and helped direct (with Earthjustice) the Judging the Environment Project, a comprehensive effort to highlight the environmental stakes in the future of the U.S. Supreme Court and appointments to the federal bench. Doug has appeared on television programs including Nightline, 20/20, Fox News Sunday, and World News Tonight, and radio broadcasts on NPR, CBS News, and Air America. His academic writings have appeared scholarly journals including the Virginia Law Review. His commentary has run in the New Republic, the American Prospect, Slate, and dozens of major papers including the Washington Post, USA Today, and the Los Angeles Times. Doug is a blogger on Huffington Post. Doug received his undergraduate and law degrees from the University of Virginia.
Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
Dear Reader
Class Action Watch Winter 2002
Dear Reader: We are pleased to present the Winter 2002 issue of Class Action Watch....
Analysis: Duplicative Class Action Litigation
Class Action Watch Winter 2002
A number of legal scholars have concluded that duplicative class actions - that is, two...
Do Federal Class Actions Compete Against Overlapping State Class Actions in a Race to the Courthouse?
Class Action Watch Winter 2002
In June 2001, the U.S. Judicial Conference's Standing Committee on Practice and Procedure considered several...
A New Use for the Gavel: Auction Bidding as a Tool for Selecting Class Action Counsel
Class Action Watch Winter 2002
Federal judges have a new tool for selecting plaintiffs' lead counsel in class actions. "Auction...
Underwriter Laddering: The Next Step in Securities Class Actions
Class Action Watch Winter 2002
In the midst of the decline of the technology sector, investors are suing failed dot.com...
Recent Developments
Class Action Watch Winter 2002
On October 12, 2001, U.S. District Judge Orinda D. Evans refused to extend class-action status...
Monitoring Attorney-Client Communications of Designated Federal Prisoners
Thomas F. Gede, Kent Scheidegger, William G. Otis
Prepared by:Tom Gede, Chair, Criminal Law & Procedure Practice Group, Sacramento, CAKent Scheidegger, Criminal Justice...
Anti-terrorism Legislation Intelligence and the New Threat: The USA PATRIOT Act and Information Sharing Between the Intelligence and Law Enforcement Communities
Brian H. Hook, Margaret A. Peterlin, Peter L. Welsh
The nature of the threat to United States national security and, especially, the nature of...
Fools, Drunkards, & Presidential Succession
M. Miller Baker
by M. Miller Baker* The terrorist attack on America on September 11, 2001, represents an...
Property Rights Protection: Judicial Activism or a Return to First Principles? - Transcript
J. Peter Byrne, Douglas W. Kmiec, Roger J. Marzulla, James W. Ely, Douglas T. Kendall, Roger Pilon
The Environmental Law & Property Rights Practice Group sponsored this panel during the 2001 National Lawyers...