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.
Partner, Baker & Hostetler LLP
Richard Raile is a partner at Baker Hostetler, where he is a member of their Litigation team. He focuses his practice on appeals and major motions. He frequently plays the principal role in drafting briefs for clients and in delivering oral argument, including on dispositive motions, bench trials and appeals. He has represented parties and amici curiae at every level of the judiciary, from trial courts to merits litigation in the U.S. Supreme Court and state supreme courts.
His litigation experience runs the gamut of subject matters, including everything from commercial, civil rights, constitutional, campaign finance, voting rights, labor and bankruptcy law.
Senior Advisor and Research Fellow, The Heritage Foundation
Allen Mendenhall is a Senior Advisor for the Capital Markets Initiative and Research Fellow in the Thomas A. Roe Institute for Economic Policy Studies at the Heritage Foundation in Washington, D.C. Previously, he served as Associate Dean and Grady Rosier Professor in the Sorrell College of Business at Troy University, where he also directed the Manuel H. Johnson Center for Political Economy. He is also a Visiting Fellow at the Madden Center for Value Creation at Florida Atlantic University.
His books include Literature and Liberty: Essays in Libertarian Literary Criticism (2014), Oliver Wendell Holmes Jr., Pragmatism, and the Jurisprudence of Agon: Aesthetic Dissent and the Common Law (2017), Of Bees and Boys: Lines from a Southern Lawyer (2017), The Southern Philosopher: Collected Essays of John William Corrington (2017), Writers on Writing: Conversations with Allen Mendenhall (2019), The Three Ps of Liberty: Pragmatism, Pluralism, and Polycentricity (2020), Shouting Softly: Essays on Law, Literature, and Culture (2021), A Glooming Peace This Morning (2023, a novel), and Controversies Among Conservatives: Conversations on Conservatism, Vol. II (2024, edited with Marcus Witcher and Kevin Hughes). His monthly segment “Word to the Wise” appears on Troy Public Radio (WTSU 89.9, WRWA 88.7, WTJB 91.7), and he writes a weekly column for 1819 News, Alabama’s bold and innovative conservative news outlet.
Mendenhall holds a B.A. in English from Furman University, an M.A. in English from West Virginia University, a J.D. from West Virginia University College of Law, an LL.M. in transnational law from Temple University Beasley School of Law, and a Ph.D. in English from Auburn University.
From 2016 to 2020, he was Associate Dean and Founding Executive Director of the Blackstone & Burke Center for Law & Liberty at Faulkner University’s Thomas Goode Jones School of Law in Montgomery, Alabama. He edited Southern Literary Review for over a decade (2011–2022) and has served as a visiting scholar (2020) and trustee (2023) at the American Institute for Economic Research (AIER), an adjunct legal associate at the Cato Institute (2009), a Mises Canada Emerging Scholar with the Ludwig von Mises Institute Canada (2014), an elected member of the Mont Pelerin Society (2024), an associate of the Abbeville Institute (2011–present), a Humane Studies Fellow with the Institute for Humane Studies (2011–2012), a staff attorney for Chief Justice Roy S. Moore of the Supreme Court of Alabama (2013–2016), an Assistant Attorney General in the State of Alabama Office of Attorney General Luther Strange (2016), an AmPhil Fundraising Fellow with the Center for Civil Society of American Philanthropic (2023–2024), an Advisory Council Member of the Law & Liberty Circle at the Universidad Francisco Marroquín (2024–present), an elected member (2012) and former trustee (2018–2022) of the Philadelphia Society, an associated scholar at the Ludwig von Mises Institute (2017–present), a policy adviser for the Heartland Institute (2016–present), former president of the Alabama Association of Scholars (2017–2020), president of the Montgomery Lawyers Chapter of the Federalist Society (2013–present), and Chairman of the Board of Managers of the Alabama Center for Law & Liberty (2022–2024). In 2023, he was an inaugural recipient of the Freedom and Opportunity Academic Prize from the Heritage Foundation. In 2024, he was a Club For Growth Foundation Fellow and a Lincoln Fellow with the Claremont Institute for the Study of Statesmanship and Political Philosophy. Alabama Governor Kay Ivey appointed him to the 2025–26 State Textbook Committee of the Alabama Department of Education.
He has taught in university English departments, business schools, a humanities department, a law school, a Japanese private school (juku), and a penitentiary, and he serves or has served on numerous boards of organizations as wide-ranging as the Alabama Public Television Foundation Authority (2019–2025), the Young Professionals Board of the Alabama Humanities Foundation (2015–2016), the Society for Law and Culture (a division of the Russell Kirk Center for Cultural Renewal) (2017–present), Trinity Christian School (2017–2020), Ivy Classical Academy (2025–present), and the Philadelphia Society (2018–2022). He served on the advisory council of the Ludwig von Mises Institute’s Master of Arts degree and Certificate Program in Austrian Economics from 2021–2023. While in private practice in Atlanta, he represented non-profit corporations and litigated cases involving real property, contracts, collections, foreclosures, restrictive covenants, and real estate transactions. He graduated from Leadership Lee County (Alabama), the Alabama State Bar Leadership Forum (Class 14), and the Atlas Leadership Academy of Atlas Network. He has authored hundreds of publications, including fiction and poetry, and studied under the creative writers Gilbert Allen, Michael Blumenthal, William Aarnes, and Chantel Acevedo.
His academic writing has appeared or is forthcoming in such peer-reviewed journals as The Journal Jurisprudence, The Canadian Journal of Law and Jurisprudence, Public Choice, The Political Science Reviewer, Journal of Markets & Morality, Journal of Private Enterprise, The Texas Review of Law and Politics, European Journal of Pragmatism and American Philosophy, Contemporary Pragmatism, The South Carolina Review, Academic Questions, The Independent Review, Quarterly Journal of Austrian Economics, Modernist Cultures, The British Journal of American Legal Studies, and in law reviews published by Georgetown University Law Center, UC Berkeley School of Law, The University of Texas School of Law, Emory University School of Law, Indiana University Maurer School of Law, Texas A&M University School of Law, and Michigan State University College of Law.
His writing for popular media has appeared in Newsweek, Fox News, Fox Business, The Wall Street Journal, The Washington Times, National Review, The American Spectator, Pacific Standard, The Hill, The Los Angeles Review of Books, The American Conservative, City Journal, The Daily Caller, The Federalist, Public Discourse, Law & Liberty, The Epoch Times, The American Mind, The Freeman, Liberty, RealClearMarkets, The University Bookman, The Daily Signal, Chronicles, The Christian Lawyer, Writer’s Digest, The Conversation, and elsewhere. He has spoken at Harvard University, Brown University, Georgetown University Law Center, Francisco Marroquín University, Furman University, George Mason University, University of British Columbia, University of Nevada-Las Vegas, Auburn University, West Virginia University, the Alabama State Capitol, the Alabama Supreme Court, and other universities and locations.
He has been quoted or cited in Fox Business, Fox News, Forbes, The Washington Post, The Washington Times, The National Review, The Daily Caller, Le Monde, Times Higher Education, The College Fix, The Blaze Media, Campus Reform, Inside Higher Education, and U.S. News and World Report, and published by such organizations as the Ludwig von Mises Institute, the Ludwig von Mises Institute Canada, the Mercatus Center, the Foundation for Economic Education, the Intercollegiate Studies Institute, the American Institute for Economic Research, the Charlemagne Institute, the Independent Institute, the Rockford Institute, the Russell Kirk Center for Cultural Renewal, the American Ideas Institute, Atlas Society, the Heartland Institute, the Abbeville Institute, the National Association of Scholars, the James G. Martin Center for Academic Renewal, and the Libertarian Alliance. He frequently appears on radio and television on networks as wide-ranging as Fox News, Newsmax, Alabama Public Television, NewsNation, Al Jazeera, C-SPAN, Bill O’Reilly’s “No Spin News,” NTD News, The Daily Wire, Steve Bannon’s “War Room,” and BBC World News.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Litigation and Alternative Dispute Resolution Practice Group Member, Bodman
Mr. Asmar is a member of the Litigation and Alternative Dispute Resolution Practice Group. He represents clients involved in complex commercial litigation matters.
Before joining Bodman, Mr. Asmar clerked for Justice Mary Beth Kelly of the Michigan Supreme Court. He has also worked for a Detroit-area litigation defense firm where he participated in a variety of cases involving civil rights, employment issues, commercial disputes, municipal liability, contractual claims, and constitutional claims.
Mr. Asmar serves on the Board of Directors of the Notre Dame Club of Detroit. He is a member of Michigan State University's Michigan Political Leadership Program Class of 2015. During law school, he received the CALI Award for Torts at the University of Miami Law School, which he attended for one year before transferring to the University of Notre Dame Law School. As an undergraduate at the University of Michigan, he served as President of the Chaldean American Student Association.
Mr. Asmar is the 2016 recipient of the Detroit Bar Association Barristers' Pro Bono Award. The award is given annually to an outstanding attorney who has practiced for fewer than ten years and who has made extraordinary accomplishments through his or her participation in pro bono activities.
Litigation and Alternative Dispute Resolution Practice Group Member, Bodman PLC
Mr. Rheaume is a member of Bodman's Litigation and Alternative Dispute Resolution Practice Group. He represents clients involved in complex commercial litigation matters and serves as local counsel for national and international law firms.
Mr. Rheaume has been selected to the Michigan Super Lawyers® Rising Stars list since 2013 for business litigation. Prior to joining Bodman, he served as a law clerk to Justice Stephen J. Markman of the Michigan Supreme Court. Based on this experience, Mr. Rheaume is an integral team member of the firm's Appellate Law Practice Group. He has written appellate and amicus briefs in state and federal appellate courts, including the United States Supreme Court.
Mr. Rheaume is President of The Federalist Society-Michigan Chapter. He serves on the alumni board of the Sigma Chi Fraternity of Michigan State University. He is also a board member of the Detroit Economic Club's Young Leader Program.
Mr. Rheaume graduated from Michigan State University College of Law ranked first in his class. While there, he served as an associate editor on The Michigan State Law Review and received Jurisprudence Awards for outstanding achievement in Secured Transactions, Professional Responsibility, Insurance Law, Construction Law, Decedents Estates & Trusts, Bankruptcy, Negotiations, and Income Taxation.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Solicitor General, Montana Attorney General's Office
Christian is currently Solicitor General of Montana, where he serves as the chief litigator and principal legal advisor to Montana Attorney General Austin Knudsen. In that capacity, he manages litigation before the federal district courts, courts of appeal, and the United States Supreme Court, as well as the Montana Supreme Court. He previously served in the Trump Administration as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education. Prior to government service, he was a public interest constitutional litigator at Mountain States Legal Foundation and a fellow at the Institute for Justice. He clerked for Justice Caleb Stegall on the Kansas Supreme Court. He also served as Director of Publications for the Federalist Society's national headquarters.
Christian earned his B.A. in Political Science in 2009 from the University of Pennsylvania before attending the University of Kansas School of Law. Christian is admitted to practice law in Kansas and Montana. A Kansas native, he is a die-hard fan of the Kansas Jayhawks, Kansas City Chiefs, and Kansas City Royals.
Christian is a member of the Federalism & Separation of Powers Practice Group's Executive Committee.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Regents of the University of California v. Superior Court
Thomas F. Gede
California universities have a duty to protect students
Once again California has moved ahead of other states in expanding exposure to tort liability,...
Partisan Gerrymandering and Party Rights: Why Gill v. Whitford Undermines All Future Partisan-Gerrymandering Claims
Richard B. Raile
Federalist Society Review, Volume 19
Note from the Editor: This article discusses the Supreme Court’s opinion in Gill v. Whitford...
Ex parte Jessie Livell Phillips
Allen P. Mendenhall
Jessie Livell Phillips shot and killed his wife, Erica Phillips, on February 27, 2009. Testimony...
Capital Punishment: A One-Sided Contribution to a Complex Debate
John G. Malcolm
Federalist Society Review, Volume 19
A review of: End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice, by...
Citizens Protecting Michigan’s Constitution v. Secretary of State
Donovan S. Asmar, James J. Ryan
Decided July 31, 2018
On July 30, 2018, the Michigan Supreme Court in Citizens Protecting Michigan’s Constitution v. Secretary of...
“Advice” in the Constitution’s Advice and Consent Clause: New Evidence from Contemporaneous Sources
Robert G. Natelson
Federalist Society Review, Volume 19
Note from the Editor: This article discusses the proper interpretation of the Constitution’s Advice and...
The Supreme Court Tackles Patent Reform: Inter Partes Review Under the AIA Undermines the Structural Protections Offered by Article III Courts
Richard A. Epstein
Federalist Society Review, Volume 19
Note from the Editor: This article criticizes Justice Clarence Thomas’ opinion in Oil States. It...
Why Congress Matters
Neomi Rao
Hon. Neomi Rao has published a new Article I Paper in the Florida Law Review, titled Why...
Violet Dock Port, Inc, LLC v. St. Bernard Port, Harbor & Terminal District
Christian Corrigan
Louisiana Supreme Court Rules Government Port Authority Can Seize a Competing Private Port and Lease it to Another Private Entity: Is This the Next Kelo?
One of this year’s most acclaimed films, Little Pink House, has resurrected old wounds from the...
Did the Constitution Grant the Federal Government Eminent Domain Power?: Using Eighteenth Century Law to Answer Constitutional Questions
Robert G. Natelson
Federalist Society Review, Volume 19
Note from the Editor: This article asks whether the Constitution granted eminent domain power to...