Judge, United States District Court, District of Columbia
Judge Trevor N. McFadden was appointed to the United States District Court for the District of Columbia in 2017. He received his B.A. in 2001 from Wheaton College, IL, magna cum laude. In 2006, he received his J.D. from the University of Virginia School of Law, where he graduated Order of the Coif and was an editor for the Virginia Law Review.
Following graduation from law school, Judge McFadden clerked for Judge Steven Colloton, U.S. Court of Appeals for the Eighth Circuit. He then joined the U.S. Department of Justice, where he served as Counsel to the Deputy Attorney General and as Assistant U.S. Attorney in the District of Columbia. Judge McFadden subsequently became a partner at Baker & McKenzie LLP in Washington, DC, where he focused on white collar investigations. He is also co-author of a treatise, Corporate Settlement Tools: DPAs, NPAs, and Cooperation Agreements.
After four years in private practice, Judge McFadden returned to the U.S. Department of Justice, where he was Deputy Assistant Attorney General and acted as the second-in-command of the Department's Criminal Division. As Deputy Assistant Attorney General, he managed the Division's Fraud and Appellate Sections.
Judge McFadden also has extensive experience in law enforcement. He served as an officer with the Fairfax County, VA, Police Department and as a deputy sheriff in Madison County, VA.
Professor of Law, University of Baltimore Law School
Kimberly Wehle (formerly Kimberly N. Brown) joined the law school after several years of teaching as an Associate Professor at the University of Oklahoma College of Law and a Visiting Professor at the George Washington University Law School. She teaches and writes in the areas of administrative law, federal courts and civil procedure. She is particularly interested in separation of powers questions, as well as in the constitutional implications of structural and technological innovations in modern government.
Wehle is the author of three books that explain complex constitutional concepts for lay audiences. She is a contributor for BBC World News and BBC World News America on PBS, and an opinion contributor to The Atlantic, Politico, The Bulwark and The Hill. She was an on-air legal analyst and commentator for CBS News. In addition, she appears regularly as a guest legal analyst on constitutional topics such as separation of powers and impeachment with outlets including CNN, MSNBC, NPR’s Morning Edition, PBS NewsHour and Fox News. Her articles have also appeared in The Baltimore Sun, The Los Angeles Times, and NBC News Think. She is regularly interviewed and cited by prominent print journalists on a range of newsworthy legal issues.
She hosts a show on Instagram called #SimplePolitics with Kim Wehle at @kimwehle. She also tweets @kimwehle. She is the 2020 recipient of the prestigious University of Maryland System Board of Regents Faculty Award for excellence in scholarship.
Wehle's scholarship addresses the constitutional relationship of independent agencies and private contractors to the enumerated branches of government. Her articles have appeared in the Notre Dame Law Review, the Indiana Law Journal and the North Carolina Law Review, among others, and her work is cited in a leading federal courts casebook.
Wehle was an editor of the Michigan Law Review and clerked for the Hon. Charles R. Richey of the United States District Court for the District of Columbia. She went on to practice, first at the Federal Trade Commission and subsequently as an Associate Independent Counsel in the Office of Independent Counsel Kenneth W. Starr, and as an Assistant U.S. Attorney in the Civil Division of the Office of the United States Attorney in Washington, D.C.
She has practiced before the United States Supreme Court and argued several cases in the United States Court of Appeals for the D.C. Circuit.
Wehle is also an advisor to the nonpartisan nonprofit, Protect Democracy.
Deputy Director, Regulatory Studies Center, George Washington University
Will Yeatman is deputy director of the GW Regulatory Studies Center. A lawyer, he has spent almost two decades working on federal regulatory policy, with an emphasis on administrative law.
Yeatman has testified many times before Congress and state legislatures, and his scholarly work has appeared in such academic journals as Georgetown Law Journal, Administrative Law Review, and the (forthcoming) Catholic University Law Review. His popular writing has appeared in The Wall Street Journal, Foreign Policy, and Bloomberg.
Yeatman came to the RSC from the Pacific Legal Foundation. Previously, he had been at the Cato Institute’s Center for Constitutional Studies and the Competitive Enterprise Institute. From 2004 to 2006, he served as a Peace Corps volunteer in the Kyrgyz Republic.
Yeatman holds a BA in environmental sciences from the University of Virginia, an MA in international studies from the Denver University Graduate School of International Studies, and a JD from the Georgetown University Law Center. He is a member of the Washington, DC Bar.
Judge William Hawley Atwell Chair of Constitutional Law, SMU Dedman School of Law
Professor Carpenter is the Judge William Hawley Atwell Chair of Constitutional Law. He previously served as the Charles J. and Inez Wright Murray Distinguished Visiting Professor of Law at SMU, teaching Constitutional Law I as well as LGBT Rights and the Law. This fall he will teach Constitutional Law II.
Prior to joining SMU, Professor Carpenter taught for 16 years at the University of Minnesota, where he served as a Distinguished University Teaching Professor and the Earl R. Larson Professor of Civil Rights and Civil Liberties Law. He won multiple teaching awards. He is also an editor of Constitutional Commentary.
The Texas native received his B.A. degree in history, magna cum laude, from Yale College and received his J.D., with honors, from the University of Chicago Law School, where he was editor-in-chief of the University of Chicago Law Review. After serving as a law clerk for Fifth Circuit Judge Edith Jones, he practiced at the firms Vinson & Elkins LLP in Houston, and at Howard, Rice, Nemerovski, Canady, Falk & Rabkin, P.C. in San Francisco.
As the author of numerous articles and an award-winning book —FLAGRANT CONDUCT: THE STORY OF LAWRENCE V. TEXAS (W.W. Norton & Co., 2012), about the landmark U.S. Supreme Court case that invalidated America's sodomy laws — he is often asked by the media to comment on constitutional law, the First Amendment, and LGBT Rights and the Law. Since 2005, he has been an active blogger on the popular legal blog, The Volokh Conspiracy, which is hosted by the Washington Post.
Frederick A. Whitney Professor of Contract Law and Director, Center for Law and Religion, St. John's University School of Law
Professor Movsesian is the Frederick A. Whitney Professor of Contract Law and the Director of the Center for Law and Religion. He writes in law and religion, contracts and international and comparative law; his articles have appeared in the Harvard, North Carolina, and Washington & Lee Law Reviews, the Oxford Journal of Law and Religion, the American Journal of International Law, the Harvard International Law Journal, the Virginia Journal of International Law, and many others. He has been a visiting professor at Notre Dame and Cardozo Law Schools and has delivered papers at numerous workshops in the United States and Europe. He teaches offerings in contracts, comparative law and law and religion.
Professor Movsesian graduated summa cum laude from Harvard College and magna cum laude from Harvard Law School. In law school, he was an editor of the Harvard Law Review and a recipient of the Sears Prize, awarded to the two highest-ranking students in the second-year class. He clerked for Justice David H. Souter of the Supreme Court of the United States and served as an attorney-advisor in the Office of Legal Counsel at the United States Department of Justice. Before starting at St. John's, he was the Max Schmertz Distinguished Professor of Law at Hofstra.
Professor Movsesian blogs regularly at the Law and Religion Forum.
Associate Professor of Legal Studies & Business Ethics, University of Pennsylvania The Wharton School
Presiding Disciplinary Judge, Arizona Supreme Court
Margaret H. Downie is the Presiding Disciplinary Judge for the Arizona Supreme Court — presiding over formal attorney discipline, disability, and reinstatement proceedings. Judge Downie previously served as Executive Director of the Arizona Commission on Judicial Conduct and Staff Director of the Arizona Supreme Court’s Judicial Ethics Advisory Committee. From 2008 to 2017, Judge Downie was a judge on the Arizona Court of Appeals, Division One. Prior to that, she spent 11 years on the Maricopa County Superior Court, where she was Associate Presiding Judge and Civil Presiding Judge.
Judge Downie graduated with a B.A. degree, magna cum laude, from the University of Arkansas at Little Rock. She received her J.D. degree, magna cum laude, from Georgetown University in Washington, D.C. After law school, Judge Downie worked in the civil litigation department of Jennings, Strouss & Salmon in Phoenix. Thereafter, she spent almost ten years in the lawyer regulation department of the State Bar of Arizona, ultimately serving as Chief Bar Counsel.
Shareholder, Greenberg Traurig
Greenberg Traurig Phoenix Litigation chair Andy Halaby advises clients on professional responsibility and related matters, including discipline defense, disqualification, and lawyer liability matters, as well as issues and opportunities arising from Arizona’s Alternative Business Structure (ABS) law. He has served on the Arizona Supreme Court's Task Forces on Lawyer Ethics, Professionalism, and the Unauthorized Practice of Law, and Judicial Performance Review, and chaired the State Bar of Arizona's Conflict Case Committee. Andy also practices extensively in intellectual property litigation. A former professional engineer registered with the United States Patent and Trademark Office, Andy has served as lead counsel in dozens of patent infringement and other IP matters. His published work has been cited in, among other things, treatises on intellectual property law, remedies, evidence, professional responsibility and the First Amendment, as well as in numerous scholarly articles. He has taught multiple semesters of Professional Responsibility, Patent Litigation, and other courses at the Sandra Day O’Connor College of Law at Arizona State University.
Judge, Arizona Court of Appeals, Division One
The Honorable Jennifer M. Perkins began service on the Arizona Court of Appeals, Division One, on October 30, 2017. At the time of her appointment by Governor Douglas Ducey, Judge Perkins was Assistant Solicitor General for the State of Arizona.
Judge Perkins was born in Portales, New Mexico, and primarily raised in Albuquerque. She attended the prestigious Albuquerque Academy from 1988-1995, before moving to Washington D.C. to attend the Elliott School of International Affairs at the George Washington University as a National Merit Scholar. Therafter, she relocated again to Dallas, Texas, and earned her juris doctor from the SMU Dedman School of Law, graduating cum laude in 2002.
Judge Perkins started her career at the law firm of Browning & Peifer (now Peifer, Hanson, Mullins, and Baker) in Albuquerque, New Mexico. While there, she litigated complex commercial matters including class action plaintiff and defense work, and assisted with employment and contract litigation. In 2003, the judge accompanied the Honorable James O. Browning in transitioning to the federal district court bench, serving as his first law clerk.
After her clerkship, Judge Perkins moved to Arizona to work for the Institute for Justice, Arizona Chapter, a public interest law firm. She spent five years with IJ-AZ litigating civil rights cases in Arizona and across the country. In 2009, the judge became Disciplinary Counsel for the Arizona Commission on Judicial Conduct, where she reviewed and prosecuted ethics complaints against state court judges throughout Arizona. After five years serving the state in this capacity, Judge Perkins entered private practice by joining an appellate law firm in Phoenix. While there, she worked on state and federal appeals involving a wide range of legal subjects, including complex business disputes, property rights, judicial ethics, and personal injury matters.
In January 2015, Judge Perkins joined the Office of the Arizona Attorney General to serve as the first Assistant Solicitor General; in that capacity, she was responsible for oversight of Attorney General Opinions and served as ethics counsel to the entire office. In addition to these two primary roles, the judge assisted on a variety of matters including trial and appellate litigation of election-related matters; federal appellate litigation with the Federalism Unit; state criminal appeals; and drafting amicus briefs on behalf of Arizona in state and federal courts.
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.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
Founder and Managing Partner, Burke Law Group PLLC
Marcella Burke of Houston, Texas is founder and managing partner of Burke Law Group PLLC, an elite, full-service commercial law firm specializing in complex litigation. Burke began her legal career as an energy attorney in AmLaw 20 law firms, where she earned equity partnership. She was appointed in the Trump Administration to serve in the Senior Executive Service at the Environmental Protection Agency and the Department of Interior, where she managed the litigation docket and regulatory portfolio of chemicals, and all energy and natural resource permitting and project development on federal lands, including the federal oil and gas, renewables, carbon capture, wind, and hydropower. She served as Counsel to the Royalty Policy Committee and received appointments to the DOI’s Regulatory Reform Task Force and as National Environmental Policy Act (NEPA) team lead for all energy project approvals.
Burke serves in leadership roles with the State Bar of Texas Environmental Division, the Foundation for Natural Resources and Energy Law, and the Institute for Energy Law. She has published numerous articles and papers on energy and natural resources issues, as well as been quoted on same in the New York Times, Wall Street Journal, Washington Post, Bloomberg Law, and others.
She participated in judicial clerkships and externships including clerking on the Texas Supreme Court for Hon. Don Willett, and externing on the U.S. Fifth Circuit Court of Appeals, Federal District Court for the Southern District of Texas, and two Texas appellate courts. Burke received a Bachelor of Arts from Texas A&M University and a Juris Doctor from the University of Houston Law Center, as well as fellowships in Constitutional Law with Claremont Institute and James Wilson Institute.
In 2023, Governor Abbott appointed Burke as one of four members of the School Land Board, which manages the sale and leasing of 13 million acres of state lands. Marcella also serves on the Board of Trustees for the University of St. Thomas in Houston, Texas. She was a delegate at the 2023 ARC Forum in London.
Additionally, she is the Founder of the Burke Law Mom Endowment at the University of Houston Law Center, and the Burke Law Chickasaw National Family Flourishing Endowment, both of which support law students with children. She has served as a board member for the Federalist Society Houston Lawyers Chapter for over 10 years.
Founder & CEO, Edelson PC
Jay Edelson is the founder of Edelson PC. He is considered one of the nation’s leading plaintiff’s lawyers, with his firm having helped secure over $45 billion in settlements and verdicts on behalf of classes, individuals, and governmental entities. Law360 described Jay as a “Titan of the Plaintiff’s Bar.” Jay has been recognized as one of “America’s top trial lawyers” in the mass action arena. LawDragon named him one of the top Plaintiff Financial Lawyers in the country. He has been called “probably the best known, and most innovative, consumer privacy lawyer on the planet,” with he and his firm holding records for the largest trial verdict in a consumer privacy case ($925m), the largest consumer privacy settlement ($650m) and the largest TCPA settlement ($76m).
Jay has been appointed to represent state and local regulators on some of the largest issues of the day, ranging from opioids suits against pharmaceutical companies, to environmental actions against polluters, to breaches of trust against energy companies and for-profit hospitals, to privacy suits against Google, Facebook, and others.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law School
Mark joined the Becket team in 2011 and splits his time as Associate Professor at The Catholic University of America, Columbus School of Law, and as Visiting Professor at Harvard Law School. Mark teaches constitutional law, religious liberty, torts, and evidence. He has been voted Teacher of the Year three years in a row by the Law School’s Student Bar Association.
Mark has broad experience litigating First Amendment religious exercise and free speech cases. He has represented the winning parties in a variety of Supreme Court First Amendment cases including Hobby Lobby, Little Sisters, Wheaton College, and Holt. In January 2014, Mark argued before the Supreme Court in McCullen v. Coakley, a First Amendment challenge to a Massachusetts speech restriction outside of abortion clinics. The Justices ruled in favor of his clients 9-0. Mark also led a successful eight-year litigation battle against Governor Blagojevich’s effort to force religious pharmacists to distribute the morning-after and week-after pills.
Mark’s academic writing focuses on the First and Fourteenth Amendments, and has appeared in a variety of prestigious journals, including the Harvard Law Review.
Mark is a widely sought after speaker on constitutional issues, particularly concerning abortion and the First Amendment. Professor Rienzi has been invited to discuss these issues at Harvard Law School, Columbia University Law School, Georgetown University Law Center, Boston College Law School, Notre Dame Law School, the National Press Club, and the Capitol. He has been quoted on constitutional law issues on NPR, in the Washington Times, The New York Daily News, and the Chicago Sun-Times. Mark has also been featured on the Kelly File, Fox News Sunday, Your World with Neil Cavuto, Geraldo at Large, CNN Tonight, CNN Live, Andrea Mitchell Reports, and Wall Street Journal Live.
Prior to joining Becket, Mark served as counsel for the litigation department and the intellectual property litigation practice group of WilmerHale LLP. His practice focused on complex civil and appellate litigation with a particular emphasis on intellectual property and First Amendment issues. Prior to joining WilmerHale, he served as law clerk to the Hon. Stephen F. Williams, senior circuit judge for the U.S. Court of Appeals for the D.C. Circuit. Prior to that, Mark was an editor of the Harvard Law Review, and earned his J.D. from Harvard Law School and B.A. from Princeton University, both with honors.
Counsel, Becket Fund for Religious Liberty
Amanda Salz is counsel at the Becket Fund for Religious Liberty, where her practice focuses on First Amendment litigation at both the trial and appellate levels. She is also a member of the Federalist Society’s Religious Liberties Executive Committee.
Before joining Becket, Amanda worked as an associate at Morgan, Lewis & Bockius LLP. As a member of the firm’s appellate group, Amanda litigated many cases involving constitutional and administrative issues. In addition to her experience in private practice, Amanda clerked for the Honorable Andrew S. Oldham of the U.S. Court of Appeals for the Fifth Circuit and the Honorable Reed C. O’Connor of the U.S. District Court for the Northern District of Texas.
Op-Ed Columnist, The Boston Globe
Jeff Jacoby, who has been a columnist for The Boston Globe since 1994, is a conservative writer with a national reputation.
A native of Cleveland, Jeff has degrees from George Washington University and from Boston University Law School. Before entering journalism, he (briefly) practiced law at the prominent firm of Baker & Hostetler, worked on several political campaigns in Massachusetts, and was an assistant to Dr. John Silber, the president of Boston University. In 1999, Jeff became the first recipient of the Breindel Prize, a major award for excellence in opinion journalism. In 2014, he was included in the “Forward 50,” a list of the most influential American Jews.
Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime
Marc A. Levin is the Chief Policy Counsel for the Council on Criminal Justice (counciloncj.org) and Senior Advisor for Right on Crime.
An attorney and accomplished author on legal and public policy issues, Marc began the Foundation’s criminal justice program in 2005. This work contributed to nationally praised policy changes that have been followed by dramatic declines in crime and incarceration in Texas. Building on this success, in 2010, Levin developed the concept for the Right on Crime initiative, a TPPF project in partnership with Prison Fellowship and the American Conservative Union Foundation. Right on Crime has become the national clearinghouse for conservative criminal justice reforms and has contributed to the adoption of policies in dozens of states that fight crime, support victims, and protect taxpayers.
In 2014, Levin was named one of the “Politico 50” in the magazine’s annual “list of thinkers, doers, and dreamers who really matter in this age of gridlock and dysfunction.”
Marc has testified on criminal justice policy on four occasions before Congress and has testified before legislatures in states including Texas, Nevada, Kansas, Wisconsin, and California. He also has met personally with leaders such as U.S. Presidents, Speakers of the House, and the Justice Commtitee of the United Kingdom Parliament to share his ideas on criminal justice reform. In 2007, he was honored in a resolution unanimously passed by the Texas House of Representatives that stated, “Mr. Levin’s intellect is unparalleled and his research is impeccable.”
Since 2005, Marc has published dozens of policy papers on topics such as sentencing, probation, parole, reentry, and overcriminalization which are available on the TPPF website. Levin’s articles on law and public policy have been featured in publications such as the Wall Street Journal, USA Today, Texas Review of Law & Politics, National Law Journal, New York Daily News, Jerusalem Post, Toronto Star, Atlanta Journal-Constitution, Philadelphia Inquirer, San Francisco Chronicle, Washington Times, Los Angeles Daily Journal, Charlotte Observer, Dallas Morning News, Houston Chronicle, Austin American-Statesman, San Antonio Express-News and Reason Magazine.
In 1999, Marc graduated with honors from the University of Texas with a B.A. in Plan II Honors and Government. In 2002, Marc received his J.D. with honors from the University of Texas School of Law. Marc was a Charles G. Koch Summer Fellow in 1996. He served as a law clerk to Judge Will Garwood on the U.S. Court of Appeals for the Fifth Circuit and Staff Attorney at the Texas Supreme Court.
Senior Director of Advocacy, The Sentencing Project
Nicole D. Porter manages The Sentencing Project’s state and local advocacy efforts on sentencing reform, voting rights, and confronting racial disparities in the criminal legal system.
Since joining The Sentencing Project in 2009, Porter’s advocacy and findings have supported criminal legal reforms in several states including Kentucky, Maryland Missouri, California, Texas and the District of Columbia. Porter’s areas of expertise include research and grassroots support around challenging racial disparities, felony disenfranchisement, in addition to prison closures and prison reuse. Her research has been cited in several major media outlets including Salon and the Washington Post, and she has appeared in the New York Times, Washington Post, and on National Public Radio and MSNBC.
Porter has also been invited to speak on state sentencing policy, collateral consequences, and racial disparity to various audiences including the League of Women Voters, NAACP, and the United Methodist Women’s Assembly and on Capitol Hill. She has authored reports highlighting ballot access for people detained in jails, state prison closures and declining prison populations, in addition to articles on the collateral impacts of justice involvement on communities of color and how current social movements are challenging mass incarceration.
Porter is the former director of the Texas ACLU’s Prison & Jail Accountability Project (PJAP) where she advocated in the Texas legislature to promote felony enfranchisement reforms, eliminate prison rape, and improve prison medical care. Porter received her undergraduate degree from Johns Hopkins University and a Master of Public Affairs from the University of Texas at Austin. Her master’s thesis addressed exploring self employment among formerly incarcerated African Americans. She also studied African politics at the University of Ghana, West Africa.
Michael R. Klein Professor of Law, Harvard Law School
Randall Kennedy is Michael R. Klein Professor at Harvard Law School where he teaches courses on contracts, criminal law, and the regulation of race relations. He was born in Columbia, South Carolina. For his education he attended St. Albans School, Princeton University, Oxford University, and Yale Law School. He served as a law clerk for Judge J. Skelly Wright of the United States Court of Appeals and for Justice Thurgood Marshall of the United States Supreme Court. He is a member of the bar of the District of Columbia and the Supreme Court of the United States. Awarded the 1998 Robert F. Kennedy Book Award for Race, Crime, and the Law, Mr Kennedy writes for a wide range of scholarly and general interest publications. His other books are For Discrimination: Race, Affirmative Action, and the Law (2013), The Persistence of the Color Line: Racial Politics and the Obama Presidency (2011), Sellout: The Politics of Racial Betrayal (2008), Interracial Intimacies: Sex, Marriage, Identity, and Adoption (2003), and Nigger: The Strange Career of a Troublesome Word (2002). A member of the American Law Institute, the American Academy of Arts and Sciences, and the American Philosophical Association, Mr. Kennedy is also a Trustee emeritus of Princeton University.
John Marshall Harlan II Professor of Law Emerita, New York Law School; Former President, American Civil Liberties Union
Nadine Strossen, New York Law School Professor Emerita and Senior Fellow at FIRE (the Foundation for Individual Rights and Expression), was national President of the American Civil Liberties Union from 1991 to 2008. An internationally acclaimed free speech scholar and advocate, who regularly addresses diverse audiences and provides media commentary around the world, Strossen is also the Host and Project Consultant for Free To Speak, a 3-hour documentary film series distributed on public television in 2023. Her books about free speech include: Free Speech: What Everyone Needs to Know® (Oxford University Press 2023); HATE: Why We Should Resist It with Free Speech, Not Censorship (Oxford University Press 2018); and Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights (Scribner 1995), which was republished with a new Preface in 2024 as part of the NYU Classics Series. Her many honors and awards include the National Coalition Against Censorship’s Judy Blume Lifetime Achievement Award for Free Speech. She serves on the Advisory Boards of several organizations that do free speech work, including: ACLU, Academic Freedom Alliance, Foundation Against Intolerance and Racism (FAIR), Heterodox Academy, National Coalition Against Censorship, and the University of Austin.
Chief Economist, The Phoenix Center for Advanced Legal & Economic Public Policy Studies
George S. Ford is the chief economist for the Phoenix Center for Advanced Legal and Economic Public Policy Studies, a nonprofit 501(c)(3) research organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age.
President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
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.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Congress and the Future of Agency Authority: A Discussion of Three Major Administrative Law Cases and Their Implications for Congress
Trevor N. McFadden, Kimberly Wehle, Will Yeatman
The Federalist Society's Capitol Hill Chapter and the Regulatory Transparency Project invite you to join...
Luncheon Discussion: Free Speech vs. Non-Discrimination: A Discussion on 303 Creative
Dale A. Carpenter, Mark Movsesian, Amy Sepinwall
303 Creative v. Elenis, which the U.S. Supreme Court decided last term, is the most...
Ethics CLE 2023: Recent Developments in Legal Ethics & Professional Responsibility
Margaret H. Downie, Andrew Halaby, Jennifer Perkins
CLE credit for this event is available at On-Demand CLE. In this CLE webinar, Judge Jennifer...
Conservatives Talk Presidential Power: End of Year Update on Trials, Impeachment, and Immunities
John G. Malcolm, John C. Yoo
As 2023 comes to a close, John Malcolm and John Yoo continue their discussion of...
Tyranny of an organized minority: Free speech standards in higher education
David Bernstein, Marcella Burke, Jay Edelson, Eugene Volokh, Todd J. Zywicki
This panel will consider the symmetry and consistency of free speech norms in higher education....
Litigation Update: Bella Health and Wellness v. Weiser
Mark L. Rienzi, Amanda Salz
In Bella Health and Wellness v. Weiser, a Colorado faith-based healthcare provider is challenging a...
Should a Felony Be a Barrier to Voting Behind Bars and Beyond?
Jeff Jacoby, Marc Levin, Nicole D. Porter
With campaign season in full swing, a high-stakes legal and policy battle is intensifying over...
A Plea for Free Speech in Boston, Remembering Frederick Douglass's 1860 Speech
Randall Kennedy, Nadine Strossen
Harvard Student Chapter
On Wednesday, November 29, the Harvard Student Chapter held a conversation, produced in partnership with...
Law and Economics of Net Neutrality
George Ford, Lawrence J. Spiwak
According to the Telecommunications Act of 1996, the policy of the United States shall be...
Conservatives Talk Presidential Power: Examining the Latest on Impeachment and Immunities
John G. Malcolm, John C. Yoo
John Malcolm and John Yoo continue their discussion of presidential power as they examine the...