General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Associate Professor of Law, Center for Intellectual Property and Entrepreneurship, University of Missouri School of Law
Professor Lietzan researches, writes, and teaches primarily in the areas of food and drug regulation, intellectual property, and administrative law. Some of her recent scholarship has focused on the nature and purpose of the new drug approval system, federal regulation of fecal microbiota transplantation, federal regulation of products derived from cannabis, the political economy of the Hatch-Waxman (generic drug) statute, and incentives to study already approved drugs for new uses. She is an award-winning teacher, and she has been an elected member of the American Law Institute since 2006.
Professor Lietzan brings to her scholarship and teaching eighteen years of private practice experience, eight of them as a partner in the food and drug group at Covington & Burling in Washington, DC. In practice, she handled a wide range of complex legal problems and broader legislative and regulatory policy questions affecting FDA-regulated companies. This work included lifecycle management and strategy issues, regulatory strategy and advocacy, white collar defense, congressional investigations, briefing in products liability cases, and international regulatory policy work. She was involved in every major amendment to the Federal Food, Drug, and Cosmetic Act (FDCA) between 1997 and 2014 and was deeply immersed for more than a decade in the development of the Biologics Price Competition and Innovation Act of 2010. She has been consistently identified by her peers in private practice as a “Best Lawyer in America” in the categories of FDA law (since 2013) and Biotechnology Law (since 2007).
Professor Lietzan has held one leadership position or another at the Food and Drug Law Institute (FDLI) since 2004, including a stint on its Board of Directors from 2008 to 2012. She also held leadership positions in the American Bar Association’s Section of Science and Technology Law for fourteen years.
Professor Lietzan received a bachelor’s degree from the University of North Carolina, where she graduated with honors in history. She holds a master’s degree in history from UCLA and a law degree with high honors from Duke Law School.
Partner, Wilkinson Barker Knauer LLP
Rosemary C. Harold joined the firm as a partner in 2011, specializing in media, broadband, and First Amendment issues. She advises a wide range of clients – including commercial and noncommercial broadcasters, cable operators, video programmers, wireless providers, and satellite operators – on legal, regulatory, and policy matters. Her work includes representation of clients in major rulemakings, transactions both large and small, and regulatory compliance counseling. Ms. Harold also regularly provides investors and others in the financial community with insights into developments at the FCC and on Capitol Hill, including the interplay between the agency and lawmakers, as well as inter-agency dealings among the FCC, the Department of Justice, and the Federal Trade Commission on competition issues.
From 2005 to 2011, Ms. Harold served at the Federal Communications Commission, most recently as Legal Advisor to FCC Commissioner Robert M. McDowell for media and broadband issues, with a particular focus on First Amendment concerns. She earlier served as Deputy Chief of the FCC’s Media Bureau, where she led the staff teams working on major rulemakings such as video franchising reform and media ownership, as well as on major transactional reviews such as the Sirius/XM merger.
Before her government service, Ms. Harold’s work in private practice included FCC regulatory proceedings in the media, satellite, and wireless areas, diversity and EEO matters at the FCC and EEOC, and First Amendment commercial speech matters before the FTC, FDA and federal appellate courts. She began her career as a journalist, including work as a reporter and bureau chief for the Miami Herald, an editor at C-SPAN and, during law school, a columnist for the ABA Student Lawyer magazine.
Ms. Harold frequently speaks at industry conferences and events on media and broadband issues. She currently serves as the co-chair of the Women in Communications Law subcommittee of the American Bar Association’s Forum Committee on Communications Law, an adjunct professor in the Communications Law Institute at Catholic University’s Columbus School of Law, and member of Board of Advisors for the Thomas Jefferson Public Policy Program at the College of William and Mary. An active member of the Federal Communications Bar Association, Ms. Harold has served on the FCBA’s Executive Committee and co-chaired the FCBA’s Mass Media Committee, Video Programming & Distribution Committee, and Professional Responsibility Committee.
J.D., Georgetown University Law Center, 1991, magna cum laude
M.A., University of Missouri, 1985
B.A., College of William and Mary, 1980
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
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.
Senior Attorney, Pacific Legal Foundation
Chris Kieser practices in PLF’s property rights and equality before the law practice groups.
His property rights clients include Cedar Point Nursery, which challenged a California regulation requiring them to allow union organizers to invade their private property, as well as Randall and Kimberley Pavlock, who are fighting back against Indiana’s beachfront land grab along Lake Michigan.
Under equality before the law, Chris represents coalitions of Asian-American parents challenging discriminatory admissions policies for selective K-12 schools in New York City; Montgomery County, Maryland; and Fairfax County, Virginia. He also represents a parent organization in Connecticut challenging a racial quota that prevents many Black and Hispanic students from enrolling at the state’s magnet schools.
Chris has published law review articles in the William & Mary Environmental Law Review and the Federalist Society Review. His op-eds have appeared in the New York Daily News, National Review, The Blaze, the Daily Journal, and SCOTUSblog.
Chris clerked for the Honorable Daniel A. Manion of the United States Court of Appeals for the Seventh Circuit and the Honorable Thomas D. Schroeder of the United States District Court for the Middle District of North Carolina. He holds a B.A., cum laude, from the University of Notre Dame, and graduated magna cum laude from Notre Dame Law School in 2013. At Notre Dame, he was an articles editor of the Notre Dame Law Review.
Growing up on Long Island, Chris developed a deep passion for limited government and individual liberty, arguing with his more numerous progressive classmates. This experience made him deeply skeptical that government tinkering at the expense of individual rights ever works, whether it be denying a property owner the use of his land or a student a seat at her desired school because of her race. He chose PLF because it is the national leader in litigation that furthers individual liberty.
When he’s not working, you’re likely to find Chris rooting for the Mets and Fighting Irish or debating some arcane point of law (because apparently that doesn’t happen enough at work).
Chris is currently licensed to practice in California and admitted to practice before the Supreme Court of the United States, the United States Courts of Appeal for the Second, Seventh, and Ninth Circuits, and the U.S. District Courts for the Eastern and Central Districts of California, the Northern District of Indiana, and the Northern District of Illinois.
Senior Legal Fellow, the Meese Institute for the Rule of Law, Advancing American Freedom
Paul J. Larkin is a Senior Legal Fellow in the Meese Institute for the Rule of Law at Advancing American Freedom. Paul has held various positions in the federal and state governments throughout his career, such as being an attorney in the Organized Crime and Racketeering Section of the Criminal Division at the U.S. Department of Justice, an Assistant to the Solicitor General in the Office of the Solicitor General at the U.S. Department of Justice, Special Agent-in-Charge and Acting Director of the Criminal Investigation Division at the Environmental Protection Agency, and a member of the Parole Abolition and Sentencing Reform Commission and of the Juvenile Justice Reform Commission in the Office of Virginia Governor George Allen.
He has also worked at Verizon Communications and two law firms in Washington, D.C. His current research is principally in the fields of drug policy, criminal justice policy, and administrative law and policy. He has published numerous articles in law and public policy journals, both in print and online.
Missouri Employers Now Potentially Liable for Increased Workers’ Compensation Liability
Justin Whitworth
In a recent worker’s compensation decision, the Missouri Supreme Court has increased protections for workers...
Colorado Supreme Court Strikes Down Local Fracking Bans
Douglas N. Marsh
In City of Fort Collins v. Colo. Oil and Gas Ass’n1 and City of Longmont v. Colo. Oil...
Masterpiece Cakeshop Inc. and Jack C. Phillips v. Colorado Civil Rights Commission, Charlie Craig, and David Mullins
William E. Trachman
On April 25, 2016, the Colorado Supreme Court declined to hear the appeal of a...
A Second Look at the CREATES Act: What’s Not Being Said
Erika Lietzan
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article critically discusses the CREATES Act, which is currently pending...
The FCC Forgot Something in Piecing Together Its Complex Proposal for Broadband Privacy Regulation: Consumers
Rosemary C. Harold
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article discusses the FCC’s proposed rules for broadband privacy, and...
Religious Exemptions and Third-Party Harms
Thomas C. Berg
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article discusses the effect that third-party harms should have on religious...
Final Agency Actions and Judicial Review: United States Army Corps of Engineers v. Hawkes Co.
James S. Burling
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article discusses the Supreme Court’s recent decision in United States Army...
Book Review: The War on Cops
John G. Malcolm
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This book review supports the basic contentions of Heather Mac Donald’s...
Finding the Denominator in Regulatory Takings Cases: A Preview of Murr v. Wisconsin
Christopher M. Kieser
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article discusses Murr v. Wisconsin, a regulatory takings case that the...
The Justice Department’s Third-Party Payment Practice, the Antideficiency Act, and Legal Ethics
Paul James Larkin
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article argues that the Justice Department’s practice of distributing settlement...