Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Professor of Law, Ohio Northern University Pettit College of Law
Scott Gerber clerked for U.S. District Judge Ernest C. Torres of the District of Rhode Island and practiced with the Boston-based law firm Bingham, Dana & Gould. He is a member of the Massachusetts, Colorado and Virginia bars as well as the U.S. Supreme Court bar. He is the 2002, 2009, 2011 and 2012 winner of the Fowler V. Harper Award for excellence in legal scholarship and the 2004, 2013 and 2016 recipient of the Daniel S. Guy Award for excellence in legal journalism. He held the Ella & Ernest Fisher chair in law at Ohio Northern University from 2008-10. He has served on the Ohio Advisory Committee of the U.S. Commission on Civil Rights since 2008 and was appointed to the Association of American Law Schools Committee to Review Scholarly Papers for the 2018 Annual Meeting. He is an associated scholar at Brown University's Political Theory Project. StateStats.org named him one of the top law professors in Ohio. He was on sabbatical as a visiting professor at Brown University's Political Theory Project during the 2018-19 academic year.
Owen L. Coon Professor of Law, Northwestern University Pritzker School of Law
James E. Pfander has focused his teaching and research on the role of the federal judiciary under Article III of the Constitution. His latest book, Constitutional Torts and the War on Terror (Oxford U. Press 2017), documents and evaluates the failure of the federal courts to address the merits of the claims of individuals who were subjected to extraordinary rendition, military detention, and torture during the Bush Administration’s war on terror. Other books include Civil Procedure: A Modern Approach (7th ed. 2018) (with Marcus, Redish & Sherman); Federal Courts: Cases, Comments, and Questions (8th ed. 2018) (with Redish & Sherry), Principles of Federal Jurisdiction (3d ed. 2017).
Pfander’s recent scholarship explores the role of non-contentious jurisdiction in a federal system otherwise largely devoted to the resolution of disputes between adverse parties; the forgotten distinction between “cases” and “controversies” in defining the work of the federal judiciary; the lessons available from Scotland’s civil-law-inflected approach to the problem of litigant standing; the origins and meaning of the anti-injunction act of 1793; and the possible influence of the Scottish judicial system on the structure of the federal court system.
A member of the American Law Institute, Pfander recently concluded his work as reporter/consultant to the Federal-State Jurisdiction Committee of the Judicial Conference of the United States. He has served as chair of both the federal courts and civil procedure sections of the Association of American Law Schools.
Joseph Kushner Distinguished Professor of Civil Liberties Law, Hofstra University School of Law
After graduation from Harvard Law School, Professor Friedman worked for the New York City law firm of Kaye Scholer, Fierman Hays & Handler. He left the firm when his play, The Trial of Lee Harvey Oswald , was produced on Broadway and was later made into a television movie. He became general counsel of a New York publishing firm, Chelsea House Publishers, and then was selected as associate director of the Committee on Courtroom Conduct for the Association of the Bar of the City of New York, where he and Norman Dorsen wrote Disorder in the Court , the leading work on the subject. Thereafter, he was the director of the Committee for Public Justice and staff attorney for the American Civil Liberties Union during the Watergate era, where he litigated numerous cases dealing with national security, misuse of government power, the legality of the Vietnam War and the draft, and the First Amendment. He continues to write amicus briefs on important Supreme Court cases for the ACLU, PEN American Center, the Association of the Bar of the City of New York, and other public interest groups. He has testified before Congress on numerous occasions.
Professor Friedman is the author of more than 100 law journal articles and newspaper columns in such publications as The New York Times, The Nation, The New Republic, and The American Scholar. His bookThe Justices of the United States Supreme Court, 1789-1969 , won the annual Scribes Award for the best book on a legal subject. Among his other books areThe Supreme Court Confronts Abortion, Unquestioning Obedience to the President, The Wise Minority and Southern Justice .He is a leading copyright lawyer and has represented such entertainers as Kathleen Turner and James Brown as well as many authors such as John McPhee, I.B. Singer, Stephen Spender, Hunter Thompson, Susan Sontag, Oscar Hijuelos and the Estates of T.S. Eliot and Edith Wharton. He has also represented Jean Harris in an important First Amendment case dealing with the "Son of Sam" law, and Rubin "Hurricane" Carter, for whom he obtained a writ of habeas corpus, freeing him from 19 years of imprisonment. His activities on behalf of Hurricane Carter were featured in the film "The Hurricane" starring Denzel Washington. He acts as general counsel to PEN American Center, a leading writers group fighting censorship.
He lectures regularly to federal judges around the country, under the auspices of the Federal Judicial Center, on civil rights and criminal procedure. He frequently lectures at continuing legal education gatherings, such as those sponsored by the Practising Law Institute, the National Association of Criminal Defense Lawyers and the American Bar Association/American Law Institute, on subjects such as civil rights, civil procedure, criminal procedure and the First Amendment.
Founding Partner, Lally & Misir, LLP
Deborah Misir is a founding partner of Lally & Misir, LLP. She specializes in complex civil and white collar trial and appellate litigation before federal, state and administrative courts. In addition, she provides advice on regulatory compliance, and public policy issues. In addition to her practice with the firm, Ms. Misir is a professor at Touro Law School, where she has taught constitutional and administrative law, and directs the Veterans Clinic.
Ms. Misir’s clients have included employers, unions, trade associations, local governments, and companies in the finance, hospitality, technology and energy sectors. She has also represented many individuals, including other lawyers, in white collar criminal, ethics and employment matters.
A leading federal litigator and expert on constitutional and government regulatory law, Ms. Misir has over twenty years of experience in both government and private practice, including briefing over seventy federal Circuit Courts of Appeals cases up to and including writs of certiorari and amicus briefs before the U.S. Supreme Court, making numerous federal appellate oral arguments, and serving as lead counsel on many federal civil and criminal district court matters. She has won several cases with published decisions in the federal courts.
Before entering private practice, Ms. Misir served in the Administration of President George W. Bush as U.S. Deputy Assistant Secretary of Policy at the U.S. Department of Labor, ethics attorney at the White House Counsel’s Office, and Chief of Staff of the Occupational Safety and Health Administration. Ms. Misir started her career at the U.S. Department of Justice, serving in the Executive Office for Immigration Review, headquarters of the former U.S. Immigration and Naturalization Service (INS), and the Civil Division. At the Justice Department, among other things, she was specially assigned as counsel to the U.S. Foreign Terrorist Tracking Task Force, the counter-terrorism and intelligence task force created in the immediate wake of 9/11 to prevent future attacks, and as counsel to the U.S. delegation to the United Nation’s International Maritime Organization (IMO).
Ms. Misir graduated with a B.A. with honors in political science from the University of Chicago, and an M.A. from the University of Chicago’s Masters of Arts Program in the Social Sciences. She earned her law degree from the University of Minnesota Law School. After law school, Ms. Misir served honorably in the U.S. Marine Corps until an injury cut short her service.
Ms. Misir is President of the Indian American Bar Association of Long Island and Queens. She serves on the National Alumni Board of the University of Chicago’s Master of Arts Program in the Social Sciences (MAPSS), and previously served on the National Board of Governors of the Republican National Lawyers Association. She is a member of the American Bar Association, the Federal Bar Council, and the Nassau County Bar Association.
Vice President, National Economic Research Associates, Inc.
Dr. Brown-Hruska is a Vice President in NERA's Securities and Finance Practice. She is a leading expert in securities, derivatives, and risk management. Prior to joining NERA, she served as Commissioner (2002-2006) and Acting Chairman (2004-2005) of the US Commodity Futures Trading Commission (CFTC).
Research Professor, Regulatory Studies Center, The George Washington University
Brian Mannix is a Research Professor at George Washington University’s Regulatory Studies Center. From 2005 – 2009 he was the EPA’s Associate Administrator for Policy, Economics, and Innovation. Earlier he served as the Deputy Secretary of Natural Resources for the Commonwealth of Virginia. Brian was an economist at OIRA from 1981 – 1987, and then served as managing editor of Regulation magazine at the American Enterprise Institute.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Adjunct, College of Western Idaho
Cramer’s work has been cited in Justice Scalia’s opinion in District of Columbia v. Heller, 128 S. Ct. 2783, 2795 (2008), in Justice Alito’s opinion in McDonald v. Chicago, 130 S. Ct. 3020, 3040 n.21, 3041 n.25, 3043, and Justice Breyer’s dissent in McDonald v. Chicago, 130 S. Ct. 3020, 3132. Cramer’s website is http://www.claytoncramer.com.
Research Director, Independence Institute
David B. Kopel is Research Director at the Independence Institute; Adjunct Scholar at the Cato Institute; and Senior Fellow at the University of Wyoming College of Law, Firearms Research Center. He received his B.A. in history with Highest Honors from Brown University and his J.D. magna cum laude from the University of Michigan Law School.
He is the author of over 20 books, including the textbook Firearm Law and the Second Amendment: Regulation, Rights, and Policy (Aspen Pubs. 4th ed. forthcoming 2026). His scholarship and briefs have been cited 7 Supreme Court cases--including Heller, McDonald, and Bruen--and in 140 lower courts opinions. He is the author of 120 scholarly articles. His shorter articles often appear on The Volokh Conspiracy blog, hosted by Reason magazine. His topics of interest include the right to arms throughout history, the Colorado Constitution, and law enforcement policy.
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
Hugh and Hazel Darling Foundation Professor of Law; Director, Center for the Study of Constitutional Originalism, University of San Diego School of Law
Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz Colleg, The Ohio State University
Professor Shane came to Ohio State in 2003 from Carnegie Mellon University's H. John Heinz III School of Public Policy and Management. He is an internationally recognized scholar in administrative law, with a specialty in separation of powers law, and has co-authored leading casebooks on each subject. He has served on the faculty at the University of Iowa College of Law and was dean at the University of Pittsburgh School of Law.
In addition to his outstanding law teaching and scholarship, Professor Shane has received a National Science Foundation grant for interdisciplinary study related to cyberspace and democracy. At Ohio State, he provides strong leadership in interdisciplinary scholarship and teaching.
Fellow in Law and Government, American University Washington College of Law
William Yeomans joined the faculty of law of the American University Washington College of law in 2009 where he teaches courses on civil rights, legislation and the legislative process. From 2006 until 2009, he served as Sen. Edward M. Kennedy’s Chief Counsel on the Senate Judiciary Committee. Prior to that, he spent 26 years at the Department of Justice where he litigated and supervised civil rights cases in the federal courts at all levels involving voting rights, school desegregation, employment discrimination, housing discrimination, hate crimes, police misconduct, abortion clinic violence, and human trafficking. He served as Deputy Assistant Attorney General, Chief of Staff, and acting Assistant Attorney General for Civil Rights. He has also been Legal Director of the Alliance for Justice and the first Director of Programs for the American Constitution Society, where he spearheaded the launch of two publications: the Harvard Law and Policy Review and Advance.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Partner, Jackson Walker
Arthur offers clients a winning combination of trial and appellate experience gained as a federal prosecutor and more than 20 years of experience in handling patent, copyright, trademark, and trade secrets litigation.
While his practice concentrates on intellectual property litigation, Arthur also has significant experience in internal investigations, False Claims Act suits, partnership and breach of fiduciary duty, breach of contract, and employment litigation. Arthur also has represented clients testifying before Congressional committees.
Arthur writes and speaks frequently on topics ranging from the case against Boston bomber Dzhokhar Tsarnaev to patent litigation reform.
Prior to joining Michael Best, Arthur served as an Assistant United States Attorney in the Southern District of New York, where he was the lead prosecutor in criminal trials, including federal intellectual property crimes. He also argued numerous appeals.
Director of Legal Affairs, Center for Political Studies
Jacob Mchangama is director of legal affairs at the Center for Political Studies, a think tank based in Copenhagen, where he focuses on advocacy and academic research in the fields of human rights with a specific focus on freedom of expression. He is also an external lecturer in international human rights law at the University of Copenhagen. He has published numerous articles in academic journals as well as in international newspapers such as Wall Street Journal Europe, Globe and Mail, National Review, Reason, The Australian, South China Morning Post, Jerusalem Post, Hürriet Daily News, Voice of Russia, China Post, and Daily News (Egypt). His work has been mentioned in international media including the Economist, Courrier International and CBS.com. He is a frequent commentator for Danish TV and radio. In 2010 he was voted the most influential Danish public intellectual under the age of 40 by Danish newspaper Politiken.
Philadelphia Tort Litigation: Forum Shopping and Venue Reform
Mark A. Behrens
White Paper
The Federalist Society takes no position on particular legal or public policy initiatives. Any expressions...
A Distinct Judicial Power - Faculty Book Podcast
Scott D. Gerber, James E. Pfander
Faculty Division Podcast 05-22-12 featuring Scott Gerber and Jim Pfander
This Federalist Society Faculty Book Podcast features Professor Scott Gerber’s new book, A Distinct Judicial...
Was the Patient Protection and Affordable Care Act a Proper Exercise of Congressional Authority Under the U.S. Constitution's Commerce Clause?
R Cozzens, Leon Friedman, Deborah Misir
Long Island Lawyers Chapter
The Long Island Lawyers Chapter hosted this debate on May 22, 2012, at The Davenport...
Benefit-Cost Analysis in Rulemaking: Ready for Prime Time? - Podcast
Sharon Brown-Hruska, Brian F. Mannix, Dean Reuter
Administrative Law & Regulation Practice Group Podcast
To listen, please right click on the audio file you wish to hear and then...
School Discipline and Disparate Impact
John R. Martin
Engage Volume 13, Issue 1, March 2012
Note from the Editor: This paper analyzes the U.S. Department of Education’s proposed use of...
Madness, Deinstitutionalization & Murder
Clayton Cramer
Engage Volume 13, Issue 1, March 2012
For those of us who came of age in the 1970s, one of the most...
Mexico's Federal Law of Firearms and Explosives
David B. Kopel
Engage Volume 13, Issue 1, March 2012
In recent years, gun control has become an important international issue. For example, some persons...
Are the Recent Recess Appointments Constitutional?
Charles J. Cooper, Michael B. Rappaport, Peter M. Shane, William R. Yeomans, Dean Reuter
Engage Volume 13, Issue 1, March 2012
Mr. Reuter: Welcome to the Federalist Society’s practice group podcast. The following podcast, hosted by...
Local Patent Rules - Certainty and Efficiency or a Crazy Quilt of Substantive Law?
Arthur Gollwitzer
Engage Volume 13, Issue 1, March 2012
More than a decade ago, the United States District Court for the Northern District of...
The European Court of Human Rights - A European Constitutional Court?
Jacob Mchangama
Engage Volume 13, Issue 1, March 2012
Legal discussions of constitutionalism will typically focus on national developments and differences between various national...