Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
Assistant Clinical Professor of Law & Director, Religious Freedom Clinic, Harvard Law School
Josh is the Director of Harvard Law School’s Religious Freedom Clinic, a pro bono program that gives students a hands-on, supervised experience representing a diverse group of clients in First Amendment and religious freedom cases.
Before entering clinical teaching, Josh clerked for the Honorable Cormac J. Carney of the U.S. District Court for the Central District of California and the Honorable Jay S. Bybee of the U.S. Court of Appeals for the Ninth Circuit. In addition to serving as a staff attorney in the clinic’s inaugural semester in 2020, he was previously a trial litigator at Munger, Tolles & Olson and an appellate litigator at Horvitz & Levy, where he specialized in representing individual and organizational clients in both commercial and civil rights cases, with particular expertise in First Amendment and religious freedom issues.
While in private practice, Josh received a Daily Journal 2022 California Lawyer Attorneys of the Year (CLAY) award, was twice named a “One to Watch” in appellate law by Best Lawyers, and argued in numerous appellate courts and courts of last resort, including twice before the California Supreme Court. His amicus brief for Jewish schools in a case before the U.S. Supreme Court was quoted by Justice Kavanaugh at oral argument.
Josh earned his B.A., magna cum laude, from Brigham Young University and graduated first in his class from UCLA School of Law.
Partner, Ashbrook Byrne Kresge Flowers LLC
Ben Flowers, a partner at Ashbrook Byrne Kresge Flowers LLC, is an accomplished litigator with experience briefing, arguing, and winning high-stakes cases in courts throughout the country.
Before joining the law firm, Ben served as Ohio's 10th Solicitor General. In that role he regularly represented the State of Ohio before the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, and the Supreme Court of Ohio. Most prominently, in National Federation of Independent Business v. Department of Labor, Ben led a multi-state challenge to OSHA's vaccine mandate, ultimately prevailing before the Supreme Court.
Ben is a graduate of The Ohio State University and the University of Chicago Law School. Following law school, Ben clerked for Judge Sandra Ikuta of the U.S. Court of Appeals for the Ninth Circuit and for Justice Antonin Scalia of the Supreme Court of this United States. Ben lives in Upper Arlington, Ohio with his wife Denise and their three very active children.
Partner, Worrell Sides LLP
Denton focuses his law practice in the area of estates and trusts, including estate administration and private wealth planning, as well as asset protection, business succession, general business, and corporate-related matters. His extensive business, financial, and legal background brings a unique perspective for his clients.
Prior to his current practice, Denton handled complex business litigation for a boutique Raleigh firm, ranging in matters from shareholder and fiduciary litigation, to contractual disputes, to state constitutional law issues. Denton clerked for Justice Paul M. Newby on the Supreme Court of North Carolina, primarily handling Business Court and complex civil appeals. His litigation experience provides valuable insight to his clients, especially in drafting and creating plans to avoid future litigation issues.
During law school, Denton had the privilege to serve as Editor-In-Chief of the Wake Forest Law Review, and was also selected by the faculty for the prestigious Dean’s Leadership Award. Prior to practicing law, he worked in wealth management and finance in Charlotte for over ten years, helping to establish and develop an independent registered investment advisory firm. As a Certified Financial Planner, he represented clients throughout the Southeast on various financial transactions, estate and trust matters, securities and investments, and corporate matters. He has extensive insurance experience and practiced as a Chartered Life Underwriter with the American College. He has represented families and their companies throughout the country.
Shareholder, Baker Do`nelson
John is a complex-problem solver and seasoned litigator who has successfully represented clients in a wide range of commercial litigation matters for almost 20 years. He frequently advocates for clients in cases involving contract and corporate ownership issues, real estate and eminent domain disputes, and claims of unfair competition or fraud. John regularly practices in federal and state trial and appellate courts throughout North Carolina, including the North Carolina Business Court. He has been admitted pro hac in a number of states in the South and the Midwest, and he handles binding arbitrations before the American Arbitration Association and other quasi-judicial bodies. In addition to his advocacy work, John serves as a trusted advisor for his clients, providing strategic, solution-oriented advice both before and after disputes arise.
John also maintains an active constitutional and political law practice. His clients have included multiple presidential, senatorial, and congressional campaigns; gubernatorial and other statewide candidates and campaigns; legislative, judicial, and local candidates; and national- and state-level political party committees. He has represented legislative officers in multiple states and defended state agencies' actions when challenged on constitutional or statutory grounds. John previously served as General Counsel for the North Carolina Republican Party and as both chairman and a member of the North Carolina State Board of Ethics and Election Enforcement.
John also counsels his clients on various employment and education law issues, including discrimination and wage and hour claims, as well as school choice and charter school issues.
After law school, John served as a law clerk for the Honorable Glen M. Williams, Senior U.S. District Judge for the Western District of Virginia. He has lived in Raleigh since completing his clerkship.
United States District Judge, Southern District of Ohio
Douglas R. Cole was nominated for the position in May 2019 by President Donald J. Trump and confirmed by the Senate in December 2019. Immediately before joining the bench, Judge Cole was a founding partner at Organ Cole, a litigation boutique in Columbus, Ohio.
Judge Cole received his J.D. from the University of Chicago Law School, where he graduated with High Honors and Order of the Coif, was an Olin Fellow in Law & Economics, and was a member of the editorial board of the University of Chicago Law Review. He clerked for Judge Frank H. Easterbrook on the United States Court of Appeals for the Seventh Circuit before joining Kirkland & Ellis in its Chicago office. He has served as a professor at the University of Oklahoma College of Law and at the Michael E. Moritz College of Law at The Ohio State University, where he taught in the fields of business law, law & economics, and intellectual property. From 2003-2006, he was the State Solicitor for the State of Ohio. In that capacity, he argued five cases at the United States Supreme Court, and multiple cases in the United States Court of Appeals for the Sixth Circuit and the Ohio Supreme Court. Before joining Organ Cole, Judge Cole was a litigation partner at the Columbus office of Jones Day, where he practiced in the Issues & Appeals group and the Intellectual Property group.
Judge Cole has undergraduate degrees in electrical engineering, mathematics, and physics, and worked as an electrical engineer before attending law school.
Ohio Deputy Attorney General for Major Litigation, Office of the Ohio Attorney General
Erik Clark oversees major litigation in the Office of Ohio Attorney General Dave Yost, the State's chief law-enforcement officer. He also oversees the Office's antitrust, charitable-law, constitutional-offices, and consumer-protection sections.
As part of his role, Erik personally appears in court on behalf of the State of Ohio in select cases. He also advises the Attorney General on critical matters.
Previously, Erik was a partner for over ten years at Organ Law LLP, a Columbus litigation boutique. There, he frequently served as special counsel to the Ohio Attorney General, representing state-government clients. His cases included a challenge (by ECOT) to Ohio's school-funding system for virtual charter schools, a challenge to The Ohio State University's rules governing students' possession of firearms, a First-Amendment challenge to a law prohibiting targeted picketing at public officials' homes, and a challenge to congressional and Statehouse redistricting following the 2020 census.
Erik also represented large and small businesses and individuals in litigation, arbitration, and mediation. Among other matters, he represented Uber in cases brought by authorities seeking city-wide injunctions that would have blocked Uber from operating its then-nascent ride-sharing service in several major cities, including Columbus, St. Louis, and Tampa.
Erik has argued several appeals in federal and state appellate courts, including three cases in the Ohio Supreme Court. He has served as lead counsel in dozens of trial-court cases (including bench and jury trials), administrative hearings, and arbitrations.
Erik graduated summa cum laude from The Ohio State University Moritz College of Law, where he was Editor-in-Chief of the Ohio State Law Journal.
After law school, he clerked for Chief Judge Jeffrey S. Sutton on the U.S. Court of Appeals for the Sixth Circuit.
Erik then served as the Simon Karas Fellow in the Ohio Attorney General’s Office, where he worked with the Ohio State Solicitor on high-profile appeals before the Ohio Supreme Court, the Sixth Circuit, and the United States Supreme Court.
Before joining Organ Cole LLP in 2012, Erik was a business litigator at Jones Day, one of the largest law firms in the world.
Attorney, DJ Chapman Law, P.C.
David Chapman is a solo lawyer with DJ Chapman Law, P.C., in Fargo, ND, and is a 1995 graduate of the University of North Dakota School of Law. He previously practiced with two private firms in Fargo, and served as in-house General Counsel for Global Electric Motorcars, LLC, when that company was a subsidiary of what was previously DaimlerChrysler Corporation. David has taught continuing legal education courses on immigration law as well as attorney ethics and professional responsibility, and he has authored articles and materials on immigration law and attorney ethics. David has also appeared as a guest on radio and television to discuss legal and policy issues. He currently serves as a member of the US Commission on Civil Rights and a past member of the North Dakota State Advisory Committee to the U.S. Commission on Civil Rights. He and his wife live in West Fargo with their son.
Carol Matheis practices law business litigation and insurance law in Newport Beach, California. She earned her J.D. at Western University College of Law and is a graduate of George Mason University.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Professor, University of North Carolina at Wilmington
Mike Adams is a professor at the University of North Carolina at Wilmington (UNCW). He writes a weekly column for The Daily Wire and speaks frequently on First Amendment and pro-life issues. After graduating from Mississippi State University in 1993 with a PhD in Criminology, his research emphasized social psychological causes of crime and delinquency. He won the Faculty Member of the Year Award from the Office of the Dean of Students in 1998 and again in 2000. Later, after his involvement in a free speech controversy in the wake of the 9/11 attack his research emphasis shifted to threats to free speech, due process, and academic integrity in higher education. In 2006, he was denied a promotion full professor and filed suit in federal court alleging that UNCW retaliated against him for his criticism the diversity movement in general as well as his criticism of specific policies within his own university. The retaliation lawsuit set up a legal challenge concerning whether Garcetti v. Ceballos (2006), which denied First Amendment protection to public employees who were commenting about their “official duties,” applied to college professors. In Adams v. UNCW (2011), the 4th Circuit Court of Appeals unanimously ruled in his favor. The ruling set up a federal trial on the issue of retaliation, which he also won before a jury in federal district court in Greenville, North Carolina.
Professor of History, Brooklyn College and the CUNY Graduate Center
KC Johnson is professor of history at Brooklyn College and the CUNY Graduate Center, where he has taught since 1999. He has written 13 books on topics in U.S. political history, U.S. foreign policy, and legal and policy debates surrounding campus due process and civil liberties. His Duke lacrosse case blog, Durham-in-Wonderland, was named ABA Journal’s Best Ethics Blog in 2007; and he continues to blog on higher-ed matters at the blog Minding the Campus.
FIRE
Judge, United States District Court, Eastern District of Arkansas
Lee Philip Rudofsky is a judge on the United States District Court for the Eastern District of Arkansas. Prior to his 2019 appointment by President Trump, Judge Rudofsky served as the Solicitor General of Arkansas, an Assistant General Counsel at Walmart, a Senior Litigation Associate at Kirkland & Ellis, and counsel to several Republican political campaigns. Today, in addition to his judicial service, Judge Rudofsky teaches law school classes on founding-era constitutional history and, separately, speaks to students across the country about the October 7th Massacre and the subsequent Israeli response. In 2024, Judge Rudofsky helped establish an annual judicial education mission to Israel that offers American judges the opportunity to learn first-hand about the Israeli legal system, Israeli society, and legal issues related to the Israel-Hamas war.
Hunsucker v. Fallin
Anthony J. Ferate
With certain limited exceptions, the Oklahoma Supreme Court has in the past followed the U.S....
California Cannabis Coalition v. City of Upland
Joshua C. McDaniel
The Initiative Power in California: Can Voters Restrict Their Own Power to Impose Taxes?
Unlike our federal structure of government, which places the legislative power exclusively in the hands...
Standing in Ohio – Preterm-Cleveland, Inc. v. Kasich
Benjamin M. Flowers
Preterm-Cleveland, Inc., v. Kasich,[1] establishes two important issues of Ohio constitutional law. First, a litigant who wishes...
Cooper v. Berger
H. Denton Worrell, John E. Branch
Constitutionally Required Executive Control of the Board of Elections and the Abrogation of the Non-Justiciable Political Question Doctrine in North Carolina.
In State ex rel. Cooper v. Berger, No. 52PA17-2 (N.C. Jan. 26, 2018), the Supreme Court...
Electronic Classroom of Tomorrow v. Ohio Department of Education
Douglas R. Cole, Erik J. Clark
In Electronic Classroom of Tomorrow v. Ohio Department of Education, the Ohio Supreme Court held that...
North Dakota Legislative Assembly v. Burgum
David J. Chapman
The separation of powers between executive and legislative branches is an important and central feature...
Pension Benefits and The California Rule: Time for It To Go?
Carol M. Matheis
The “California Rule” as it has come to be known, was set forth in the...
The People of the State of Illinois v. Walter Relerford
Ilya Shapiro
After interning, Walter Relerford interviewed for a position and continued sending emails and phone calls...
The Student Right to Counsel
Mike S. Adams, KC Johnson, Adam Kissell
Federalist Society Review, Volume 19
Note from the Editor: This article argues that a student right to counsel in quasi-criminal...
Board of Trustees of the University of Arkansas v. Matthew Andrews
Lee Rudofsky
Courageous Adherence to Originalism
Article 5, section 20 of the Arkansas Constitution declares that “[t]he State of Arkansas shall...