Senior Attorney, Pacific Legal Foundation
Oliver Dunford joined the Pacific Legal Foundation in March 2017. He litigates across the country to defend and advance individual liberty and the rule of law. Oliver’s cases involve the separation of powers, economic liberty, property rights, and the First Amendment.
Oliver remains inspired by the Classical Liberal ideals upon which our Founders declared independence and secured the blessings of liberty. The Constitution’s promises, however, are not self-executing. As James Madison explained, “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” Oliver feels lucky that his work helps oblige the government to control itself—to the end that all individuals may pursue their rights of life, liberty, and the pursuit of happiness.
Before joining PLF, Oliver clerked at the Ohio Supreme Court and the Ohio Court of Appeals, and spent more than a decade in private practice working on complex commercial litigation. Originally from Cleveland, Oliver is a graduate of the University of Dayton and Cleveland-Marshall College of Law, where he was a managing editor for the Cleveland State Law Review. Oliver is admitted to the state bars of Florida, California, and Ohio, as well as several federal courts including the United States Supreme Court.
Oliver spends all of his free time following the Cleveland Indians.
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
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.
Legal Director, The Center for the Rights of Abused Children
Tim Keller is a lawyer who works to ensure all abused and abandoned children are safe and have access to their constitutionally guaranteed rights.
As senior vice president and legal director at the Center for the Rights of Abused Children, Tim’s public interest legal work seeks to defend the constitutional rights of children to be safe from abuse, to prompt timely placement with permanent parents, and to assure a child’s representation by legal counsel. In addition to constitutional litigation, Tim oversees the lawyers in the Center for the Rights of Abused Children’s one-of-a-kind pro bono Children’s Law Clinic and guides its policy initiatives.
When he and his wife, Lisa, hosted a teenage exchange student from Brazil several years ago, they realized how much they enjoyed helping a child thrive. The two felt called to help more kids. Over the following years, Tim and Lisa would become foster parents. Today, they enjoy offering respite care for children in foster care.
Intensely motivated by his time fostering children who’d been abused and neglected, Tim sees his work to ensure children have a constitutional right to counsel as a matter of life and death. As such, he’s particularly proud that in 2021 the Center for the Rights of Abused Children secured the rights of all children in Arizona’s foster system to be represented by legal counsel.
Before joining the Center for the Rights of Abused Children, Tim worked for nearly 20 years at the Institute for Justice. He served as lead counsel in Arizona Christian School Tuition Organization v. Winn, a U.S. Supreme Court victory that protected Arizona’s pioneering school scholarship program. Tim also led the team that secured a U.S. Supreme Court victory in Espinoza v. Montana Department of Revenue, which prevents states from discriminating against religious families and schools in educational choice programs. He has also litigated economic liberty and property rights cases in state and federal courts.
Tim earned his bachelor’s and law degrees from Arizona State University. He clerked for Robert D. Myers, at the time the presiding judge of the Maricopa County Superior Court, and for Ann A. Scott Timmer on the Arizona Court of Appeals.
Tim and Lisa live in Chandler, Ariz., with their four sons, Daniel, Benjamin, Ethan and Noah, and a miniature schnauzer named Gus who has more than 12,000 Instagram followers. The Kellers have traveled to 49 of the 50 United States, and are always looking for recommendations for new card or board games for family game nights.
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.
John F. Scarpa Chair in Catholic Legal Studies, Villanova University School of Law
Patrick McKinley Brennan joined the Villanova faculty in 2004 as the inaugural holder of the John F. Scarpa Chair in Catholic Legal Studies and now also serves as the Associate Dean for Academic Affairs. Professor Brennan works in the tradition of reflection on natural law and natural rights to examine a wide range of questions in jurisprudence and public law, including sovereignty, equality authority, the rule of law, constitutionalism, the family, and punishment and forgiveness, as well as topics in administrative law, constitutional law, federal jurisdiction, religious liberty and the liberty of the church, and criminal law. He regularly teaches constitutional law, administrative law, federal courts, criminal law, and a range of courses in jurisprudence.
Professor Brennan has published some fifty articles and book chapters. His most recent book, The Sovereignty of the Good: An Essay on Law, Authority, and the Church, will be published by Oxford University Press. He has also published By Nature Equal: The Anatomy of a Western Insight (Princeton University Press 1999) (with John Coons), Civilizing Authority: Society, State, and Church (Lexington 2007), and the Vocation of the Child (W.B. Eeerdmans 2008). He currently co-authoring Christian Perspectives on Law: Cases and Materials (with William Brewbaker III).
Before coming to Villanova, Professor Brennan was for eight years a faculty member in the Sandra Day O'Connor College of Law at Arizona State University, where for several years he served as Associate Dean for Faculty Affairs and Research and later as Vice Dean. Previously, Brennan was associated with major law firms in Washington, D.C., and San Francisco. Brennan clerked for Hon. John T. Noonan, Jr., on the U.S. Court of Appeals for the Ninth Circuit, in San Francisco.
A native of California, Brennan earned his J.D. from Berkeley Law (Boalt Hall), U.C. Berkeley, where he won many awards and was elected to the Order of the Coif. Prior to law school, Brennan earned an M.A. and pursued doctoral course work in philosophy at the University of Toronto, taking many of his courses there in the Pontifical Institute of Mediaeval Studies. He was graduated from Yale College with a B.A. in philosophy with honors and distinction in the major. At Yale, Brennan also studied Greek and Latin and won the Jacob Cooper Prize for the best essay on ancient Greek philosophy.
Professor Brennan has been a visiting professor in the Boston College Law School and a senior research fellow at the Robbins Collection of Canon and Civil Law at U.C. Berkeley. Brennan has also been a scholar in residence at the Columbus School of Law, The Catholic University of America, where he delivered the Brendan F. Brown Lecture in 2006. Brennan has delivered the Yves Simon Lecture at the University of Chicago and the Donald M. Giannella Lecture at Villanova University.
At Villanova, Brennan organizes the annual John F. Scarpa Conference on Law, Politics, and Culture. Keynote speakers have included the late Avery Cardinal Dulles, S.J., Justice Antonin Scalia, Martha Nussbaum, Joseph Vining, John Ferejohn, and William Eskridge. Other speakers have included Jeremy Waldron, Geoff Stone, Jesse Choper, Lee Bollinger, Roderick Hills, Jane Schacter, Kristin Hickman, Jefferson Powell, Amy Uelmen, Richard Garnett, Kent Greenawalt, and many others.
Senior Education Policy Fellow, Kansas Policy Institute
David Dorsey is a Senior Education Policy Fellow with Kansas Policy Institute. His primary emphasis in this role is combining his time spent as a public school teacher with policy research on issues related to K-12 finance, student achievement, and education reform. Prior to joining KPI, David spent 20 years as a public school elementary teacher, seventeen in Kansas. He was both a classroom and specialty teacher and served in various leadership capacities in those schools. David finished his teaching career with eight years as a mathematics interventionist at Lowman Hill Elementary School in Topeka USD 501 working with at-risk students. Prior to teaching he spent 15 years working in state and local government in Arizona as a city administrator, research analyst for the Phoenix Police Department, and a program evaluator for the largest state agency in Arizona. He earned a Master of Arts in Political Science from Arizona State University with an emphasis on research and statistical analysis in 1980. David was born and raised in South Dakota and received a BS degree from the University of South Dakota in 1977 with a major in Political Science and a minor in Economics.
Kathleen Q. Abernathy recently returned to Wilkinson Barker Knauer LLP as special counsel. She was previously elected to the Board of Directors of Frontier Communications as an independent director in 2006 following her term as a Commissioner at the Federal Communications Commission from 2001 to 2005. In 2010 she joined the company as Chief Legal Officer and Executive Vice President, Regulatory and Governmental Affairs. Prior to her term as an FCC Commissioner, Ms. Abernathy worked for a number of different telecommunications companies and law firms. She has received numerous awards in recognition of her professional accomplishments and has taught as an adjunct professor at Georgetown University Law Center and Catholic University’s Columbus School of Law. She received her B.S. from Marquette University and her J.D. from Catholic University’s Columbus School of Law.
Senior Attorney, Pacific Legal Foundation
Christina Martin is a Senior Attorney at Pacific Legal Foundation where she leads its initiative to end home equity theft—predatory tax-foreclosure laws that allow the government to take valuable homes and all equity in those homes as payment for debts as small as $8.
Christina's victories as lead counsel include Tyler v. Hennepin County in the U.S. Supreme Court, Hall v. Meisner in the Sixth Circuit, Rafaeli, LLC v. Oakland County in the Michigan Supreme Court, and New Mexico Farm & Livestock Bureau v. U.S. Department of the Interior in the Tenth Circuit. She also served as second chair in Knick v. Township of Scott, a landmark Supreme Court case that opened up the federal courthouse doors to takings plaintiffs.
Christina is admitted to the state bars of Washington, Oregon, and Florida, as well as a number of federal courts, including the Supreme Court of the United States. She earned a Bachelor of Science in Physics and a Bachelor of Arts in Communication from the University of Washington. She earned her J.D. from Ave Maria School of Law, where she was an editor of the Ave Maria Law Review.
Associate Dean for Academic Affairs and Professor of Law, Notre Dame Law School
Lloyd Hitoshi Mayer joined the faculty as an associate professor of law in 2005 and became a full professor in 2011. He served as the Associate Dean for Academic Affairs from 2011 to 2015. He earned his A.B., with distinction and honors, from Stanford University in 1989 and his J.D. from Yale Law School in 1994. While at Yale, he was a John M. Olin Fellow in Law and Economics and served as business editor of the Yale Law and Policy Review and as an editor of the Yale Journal on Regulation. Following graduation, he clerked for the Honorable Lowell A. Reed, Jr., United States District Court for the Eastern District of Pennsylvania. He then joined Caplin & Drysdale in Washington, D.C., first as an associate and later as a member, where he concentrated on tax issues, particularly for nonprofit organizations. He teaches courses at Notre Dame Law School in not-for-profit organizations, business enterprise taxation, election law, and professional responsibility.
Professor Mayer’s areas of research interest and expertise include advocacy by nonprofit organizations, the growing intersection of election law and tax law with respect to lobbying and other political activity, and the role of nonprofits both domestically and internationally.
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.
Burgess v. FDIC, the Appointments Clause, and the Separation of Powers
Oliver Dunford
Last week, the Fifth Circuit became the third circuit court to consider whether administrative law...
Bormuth v. County of Jackson
John J. Bursch
If you’re looking for evidence that Establishment Clause jurisprudence is a mess, look no further...
2016 Civil Justice Update
Andrew Cook
White Paper
States continued to enact meaningful civil liability reforms throughout 2016. Part I of this paper...
The Federalist Paper, Summer 2017
The Federalist Society has been bringing you expert commentary on and analysis of the just-concluded...
Federal Special Education Law and State School Choice Programs
Timothy Keller, Nat Malkus
Federalist Society Review, Volume 18
Note from the Editor: In this article, Nat Malkus and Tim Keller outline the federal...
Morally Innocent, Legally Guilty: The Case for Mens Rea Reform
John G. Malcolm
Federalist Society Review, Volume 18
Note from the Editor: This article discusses the concept of mens rea, argues that too...
Carousel of Kansas Education Finance Lawsuits Continues in the Gannon Case
Patrick McKinley Brennan, David Dorsey
The citizens of the Sunflower State are holding their collective breaths, waiting for the Kansas...
How to Regulate the Internet
Kathleen Q. Abernathy
Federalist Society Review, Volume 18
Note from the Editor: This article traces the history of the FCC’s approach to regulating...
Bogorff v. Scott
Christina Martin
In Bogorff v. Scott, the Florida Supreme Court revealed the difficulty many property owners face when...
Wisconsin Court of Appeals Strikes Down Noneconomic Damages Cap
Lloyd Hitoshi Mayer, Andrew Cook
Wisconsin’s statutory cap on noneconomic damages for medical malpractice cases has taken many twists and...