Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Associate Professor of Law, St. Thomas University College of Law
Dan Epstein is Vice President at America First Legal and an Associate Professor of Law at St. Thomas University in Miami, Florida. He also advises individuals and small businesses in affirmative and defensive actions against government overreach. Previously, he advised startups on regulatory matters as Director at a venture capital firm. His federal service includes being a Special Assistant to and Senior Associate Counsel to the President and a counsel for the House of Representatives Committee on Oversight and Government Reform. Earlier in his career, Mr. Epstein founded and ran Cause of Action, where he represented clients in government investigations and litigated regulatory, constitutional, political, and public law matters.
He holds a Ph.D. from George Washington University in Political Economy, a J.D. from Emory University School of Law, and a B.A. from Kenyon College. He is active in the Palm Beach community as a member of the Fourth Court of Appeals Judicial Nominating Commission in Florida, a transition team member to Florida Attorney General James Uthmeier, and the Chairman and Trustee of Palm Beach State College.
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.
Partner, HWG LLP
Patricia Paoletta is a partner with the law firm of HWG LLP, where she specializes in telecommunications, trade and technology policy. Ms. Paoletta provides advice on regulatory, trade and legislative policy to clients before the FCC, Congress and the Administration. Her clients include providers of content, cloud, mobile broadband, VoIP, international telecommunications, small cells, cognitive radio, public safety and homeland security solutions. She serves on Advisory Boards for several entities engaged in information services, communications and technology.
Ms. Paoletta has accrued considerable experience with telecommunications trade and policy in the public sector. From 1990 to 1995, she was senior advisor to the International Bureau Chief and Office Director at the Federal Communications Commission. In the mid 1990s, Ms. Paoletta served as Director of Telecommunications Trade Policy in the Office of the U.S. Trade Representative, Executive Office of the President, where she worked on the WTO Information Technology Agreement (ITA) and the Basic Telecommunications Agreement. After USTR, Ms. Paoletta served as Majority Counsel to the House Energy and Commerce Committee. She then moved to Level 3 Communications, as Vice President, Government Relations.
Ms. Paoletta is on the Steering Committee of the Transatlantic Roundtable on Telecommunications and Information Technology of the European Institute. She is a member of the USTR Alumni Association, Washington International Trade Association, the Federal Communications Bar Association (FCBA), and Women in Technology. Ms. Paoletta has served on the Board of Advisors for the Inter-American Dialogue's Latin America Telecom Advisor, Co-Chairman of the American Bar Association International Communications Committee, and as a member of the U.S. Chamber of Commerce's Technology Policy Committee.
Ms. Paoletta served as a delegate in 2012 to the ITU-R's Study Group 6 Working Party 6A Meeting and in 2009 and 2010 to the ITU-R's Study Group I Working Party IB Meetings; the 2009 meetings of CITEL (the Committee on International Telecommunications at the Organization of American States) PCC-II; the International Telecommunication Union (ITU) World Telecommunications Standards Assembly (2000); the ITU Internet Protocol Telephony Experts Group and the ITU World Telecommunications Policy Forum in 2001; as Chairman of the National Reliability and Interoperability Council (NRIC) Steering Committee (2000-2001); as Board Member for the Voice on the Net Coalition (2001); as Co-Chairman of the FCBA's Annual Seminar Committee (2009-2011); as a member of the FCBA's Ad Hoc Speakers Committee (2006-2007); as Co-Chairman for the FCBA International Practice Committee (2001-2002 and 2005-2006); and as a Co-Chairman of the FCBA Legislative Practice Committee (1999-2000).
Ella A. and Ernest H. Fisher Professor of Law, Ohio Northern University Claude W. Pettit College of Law
Professor Lewis joined the Ohio Northern faculty in August, 2006. Lewis flew F-14's for the United States Navy in Operation Desert Shield, conducted strike planning for Desert Storm and was deployed to the Persian Gulf to enforce the no-fly zone over Iraq. He was a Topgun graduate in 1992 and was featured in a NOVA documentary on Topgun and aircraft carriers.
After his naval service, Lewis graduated from Harvard Law School, cum laude, was a management consultant with McKinsey and Company, and served as a litigation associate with McGuireWoods, LLP, in Norfolk, Virginia.
Professor Lewis has published more than a dozen articles and essays on various aspects of the law of war and the conflict between the US and al Qaeda. His work has been cited by the Seventh, Ninth and Eleventh Circuit Courts of Appeals. He has testified before Congress on the legality of drone strikes in Pakistan and Yemen and on the civil liberties tradeoffs associated with trying some Al Qaeda members or terrorist suspects before military commissions. His op-eds have appeared in numerous media outlets including the LA Times and the New York Post and he has appeared on Public Radio International to discuss the increasing use of armed drones in warfare. He has delivered scores of presentations and panel presentations before military and law school audiences alike including presentations to the international Military Operations Law conference in Queensland, Australia, the US Army's JAG School in Charlottesville, VA and law school events at Stanford, Chicago, Columbia, Penn, Duke, Texas and Northwestern among others.
Professor Lewis received the Award for Excellence in Classroom Teaching for the 2007-08 academic year.
He currently teaches Commercial Law, International Law, a Law of War Seminar and Torts. He has also taught Corporate Finance and Accounting for Lawyers. His other teaching interests include Civil Procedure and Contracts.
Conservative & Libertarian Legal Scholarship: Foreword
Foreword
[Return to Table of Contents] Foreword At no other point in American history has so...
Sebelius v. Hobby Lobby Stores, Inc.
Michael W. McConnell
Engage Volume 15, Issue 1 February 2014
Note from the Editor: This article is a discussion about the Sebelius v. Hobby Lobby...
The Federalist Paper, Spring 2014
Dear Friend of the Society, We are pleased to bring you the fall issue of The...
Redressing Politicized Spending
Daniel Z. Epstein
Engage Volume 15, Issue 1 February 2014
Note from the Editor: This article is about politicized spending in the federal discretionary budget. ...
2013 Civil Justice Update: Recently Enacted State Reforms and Judicial Challenges
Andrew Cook
State Courts White Paper
The purpose of this paper is to provide a comprehensive national survey of both recent...
Book Review: America the Vulnerable: Inside the New Threat Matrix of Digital Espionage, Crime, and Warfare
Hartmann Young
Engage Volume 14, Issue 3 October 2013
America the Vulnerable: Inside the New Threat Matrix of Digital Espionage, Crime, and Warfare By...
Engage Volume 14, Issue 3
October 2013
Administrative Law & Regulation Free To Choose Medicine by Gregory Conko & Bartley J. Madden ...
The Cybersecurity Overreach: A Few Harsh Words About the President’s Cybersecurity Executive Order, Along with a Better Solution
Patricia J. Paoletta
Engage Volume 14, Issue 3 October 2013
Note from the Editor: This article is a discussion about Executive Order 13636 on cybersecurity...
Worker Centers: Charities or Labor Organizations Masquerading as Charities?—and the Impact of an IRS
Heidi Abegg
Engage Volume 14, Issue 3 October 2013
Note from the Editor: This article is a discussion about worker centers and their status...
Clearing the Air: The Real Reason Why Drones are the Weapon of Choice in Counterterrorism and Why That is a Good Thing for Civilians
Michael W. Lewis
Engage Volume 14, Issue 3 October 2013
Note from the Editor: This article is about the use of drones in counterterrorism operations. ...