Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Partner, Faegre Drinker Biddle & Reath LLP
Brian J. Paul is an appellate lawyer and leads law teams in high-stakes commercial litigation. He has briefed and argued everything from weighty abstract constitutional issues to dollars-and-cents business issues and everything in-between, both on appeal and in trial courts around the country. A member of the American Law Institute, recent past-president of the Seventh Circuit Bar Association and top-tier ranked Chambers appellate lawyer, Brian had one client say about him: “Brian is one of the most respected and skilled appellate lawyers, not only in Indianapolis but across the country. He is trusted to deliver timely guidance on complex issues.” Another said: “He is excellent. I enjoyed working with him. He is able to put things into layman’s terms and explains things really well. His written and oral advocacy are short, crisp and to the point.”
Clients hire Brian to digest the complex, and make the complex simple and compelling for busy, generalist judges. In his writing, he strives to cut through jargon and legalese, and distill things down to what’s important. In his oral advocacy, by intense preparation, he strives to be the advocate whom judges trust for the right answers. In the dozens of cases he has argued, Brian has helped clients win on both sides of the “v.” His recent representations include:
Partner, Mayer Brown LLP
Marcia Madsen was Chair of the Government Contracts practice and co-chair of the National Security Practice at Mayer Brown. She represented contractors in regulatory, policy, transactional, litigation, and investigative matters involving virtually every federal agency. Her clients included defense contractors, information technology and systems integrators, telecommunications companies, engineering firms, insurers, and manufacturing companies. Ms. Madsen's practice included defense of False Claims Act matters, internal investigations, audits, bid protests, claims and disputes before administrative forums and in the federal courts. She was a former Chair of the American Bar Association Section of Public Contract Law and currently co-chairs the Section’s Procurement Fraud Committee. She also is a member of the Federalist Society Administrative Law and Regulation Executive Committee. In addition, Marcia was a member of the Court of Federal Claims Advisory Council - Emeritus, and a recipient of the Court's Golden Eagle award. She was a Past President of the Board of Contract Appeals Bar Association. She was appointed by the Executive Office of the President to chair the Section 1423 Panel which recommended revision of the acquisition laws. She spoke and wrote frequently on government contracts and litigation topics.
Georgetown University Law Center, LL.M., 1980
American University - Washington College of Law, J.D., 1976
University of Utah, B.A., 1972
Executive Vice President and Dean of the Law Center; Paul Regis Dean Leadership Chair; Professor of Law, Georgetown University Law Center
William M. Treanor is the Executive Vice President of Georgetown University, Dean of the Law Center, and Paul Regis Dean Leadership Chair. Treanor joined Georgetown in 2010 and was reappointed to serve a third term as Dean and Executive Vice President on July 1, 2020.
Under Treanor’s leadership, Georgetown Law has hired 75 new faculty members; tripled the number of experiential offerings for students in its clinical, externship, and practicum programs; transformed its law and technology offerings into a world class program with 19 full-time faculty experts and over 80 courses in this area; and experienced its most successful era of fundraising, culminating in nearly $67 million in giving in the last fiscal year.
Treanor has also advanced Georgetown Law’s commitment to affordability and access. During his tenure, Georgetown has more than doubled financial aid; raised nearly $25 million dollars for the Law Center’s scholarship program for exceptional students with significant financial need; and launched the RISE program, which provides academic support for students from historically underrepresented groups. The Law Center also created the Early Outreach Initiative, which brings the Law Center’s dean of admissions, current law students, and alumni together to encourage students in underserved high schools to consider pursuing careers as lawyers.
In keeping with Georgetown Law’s motto, “Law is but the means; justice is the end,” Treanor has focused on increasing opportunities for students to pursue careers in public interest law. He is proud that nearly 1 in 4 graduates move straight into public service jobs – a ratio higher than any other top law school in America. The Law Center supports post-graduate fellowships that have enabled more than 400 graduates to work in public interest jobs, and, in combination with the law firms ArentFox Schiff and DLA Piper, it has launched the D.C. Affordable Law Firm, a “low bono” law firm where recent Georgetown Law graduates provide legal representation to people of limited means.
The National Jurist magazine has named Treanor one of the most influential people in legal education five times. He is a member of the Morristown (N.J.) High School Hall of Fame. In 2020, he was elected into the American Academy of Arts & Sciences for law and education. Most recently, he was selected for the inaugural Honorable Robert A. Katzmann Award for Academic Excellence by the Burton Awards.
Treanor’s areas of academic expertise include constitutional law, property law, criminal law, intellectual property, and legal history. At Georgetown Law, he has taught a first-year legal justice seminar, an upper-level course on the drafting of the U.S. Constitution, and leadership courses. His writings have principally been in the area of constitutional history, and he has been recognized as one of the 10 most-cited legal history scholars in the United States by the University of Chicago Law School’s Brian Leiter. His early work largely focused on the history of constitutional protections of private property. His article “The Original Understanding of the Takings Clause and the Political Process,” 95 Colum. L. Rev. 782 (1995), was recognized by the Land Use Professors Blog as the most cited land use article of the past 30 years. Treanor’s article, “Judicial Review before Marbury” was cited in the Moore v. Harper (2023) majority opinion written by Chief Justice Roberts. His recent article, “The Case of the Dishonest Scrivener: Gouverneur Morris and the Creation of the Federalist Constitution,” examined the changes that Gouverneur Morris and the Committee of Style made in preparing the Constitution’s final draft. W.W. Norton will publish his upcoming book, Fathers of the Constitution: Triumph, Tragedy, and the Creation of the American Republic.
Before coming to Georgetown, Treanor was Dean and Paul Fuller Professor of Law at Fordham Law School. He also served in a variety of positions in the government, including Deputy Assistant Attorney General in the Office of Legal Counsel, U.S. Department of Justice; Associate Counsel, Office of Independent Counsel during the Iran/Contra investigation. He was law clerk to the Honorable James L. Oakes, U.S. Court of Appeals for the Second Circuit. Treanor has a Ph.D. in history from Harvard University, a J.D. from Yale Law School, and a B.A., summa cum laude, from Yale College.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Appellate Counsel, Theodore Cooperstein PLLC
Theodore Cooperstein currently is an appellate attorney in the boutique law firm of Theodore Cooperstein PLLC, available for criminal and civil appeals in both state and federal courts. A former career prosecutor with twenty five years of service in the US Department of Justice, he was an Assistant United States Attorney for the Southern District of Florida and the Southern District of Mississippi, and has served as a Military Intelligence Officer in the Army Reserves from 1989 to 2011, retiring with the rank of Lieutenant Colonel. During the Trump Administration, he was appointed and served as the General Counsel of the U.S. Office of Personnel Management. Prior to joining the Southern District of Florida, Mr. Cooperstein served as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Maryland. He previously had served as Counsel to the Deputy Attorney General at the Department of Justice, and as Assistant General Counsel in the FBI Office of the General Counsel.
A.B., Dartmouth College; J.D., Stanford University; LL.M., Comparative and International Law, Georgetown University Law Center; Masters of Strategic Studies, U.S. Army War College
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Former Attorney General, State of Arizona
Mark Brnovich served as Arizona's 26th Attorney General from 2015 to 2023. He was first inaugurated in 2015, and again in 2019 after winning re-election. Mark has spent most of his professional life serving as a prosecutor at the local, state, and federal levels. Mark met his wife Susan while they both worked as prosecutors for the Maricopa County Attorney's office. Mark worked in the Gang/Repeat Offender Unit and prosecuted many difficult and high profile cases from 1992 to 1998. He then went on to work as an Assistant Attorney General with the Arizona Attorney General's Office from 1998 to 2003, where he developed an expertise in gambling law. Brnovich later went on to serve as an Assistant United States Attorney for the District of Arizona where he prosecuted public integrity crimes, as well as crimes occurring in Indian Country.
Brnovich has also been a Judge Pro Tem of Maricopa County Superior Court, a Command Staff Judge Advocate in the U.S. Army National Guard, the Director for Constitutional Government at the Goldwater Institute, and the Director of the Arizona Department of Gaming, a law enforcement agency that investigates illegal gambling activity, as well as working with tribal regulators to ensure the integrity of tribal gaming.
Brnovich is known for restoring public confidence in the office of "Arizona's Top Cop" and for assembling some of the nation's most talented public servants for his administration. Mark argued at the United States Supreme Court in defense of the "one-person, one-vote" principle, was featured on 60 Minutes in defense of capital punishment, and has initiated national public education efforts to combat human sex trafficking.
Brnovich has been recognized by the National Federation of Independent Business as a "Champion of Small Business." and was elected by his bi-partisan colleagues to serve as the Chairman of the Conference of Western Attorneys General.
Mark's wife Susan was recently appointed by the United States Senate to serve as a U.S. District Judge for the District of Arizona. He has two teenage daughters and lives in Phoenix.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
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.
School Choice, Religious Freedom, and the Constitution(s)
Richard W. Garnett, Brian J. Paul
The Indianapolis Lawyers Chapter
On June 9, 2011, the Indianapolis Lawyers Chapter hosted Prof. Richard W. Garnett of the...
Engage Volume 12, Issue 1, June 2011
The Journal of the Federalist Society Practice Groups
*Online-Only Issue* The Templeton Debates Regulatory Takings by William M. Treanor ADMINISTRATIVE LAW & REGULATION...
General Dynamics Corp. v. United States - Post-Decision SCOTUScast
Marcia G. Madsen
SCOTUScast 06-06-11 featuring Marcia G. Madsen
On May 23, 2011, the Supreme Court announced its decision in General Dynamics Corp. v....
Regulatory Takings
William M. Treanor
Engage Volume 12, Issue 1, June 2011
The following article is Dean Treanor’s portion of a debate with Professor Richard Epstein during...
Prospects for Regulatory Reform in 2011
Susan E. Dudley
Engage Volume 12, Issue 1, June 2011
Though regulations affect every aspect of our lives, as a policy tool they rarely reach...
"Keep Your Friends Close, But Your Enemies Closer": Internment of Enemy Aliens in the Present Conflict
Theodore Cooperstein
Engage Volume 12, Issue 1, June 2011
United States law, in accordance with customary international law, has since 1798 permitted the internment...
The Slow, Sad Swoon of the Sentencing Suggestions
William G. Otis
Engage Volume 12, Issue 1, June 2011
The Guidelines are a lost cause. When they became optional after Booker, the Sentencing Commission...
Internet Gaming: Is It Too Late to Reboot?
Mark Brnovich, Thomas F. Gede
Engage Volume 12, Issue 1, June 2011
As the 111th Congress wound down in December 2010, Senate Majority leader Harry Reid was...
Ninth Circuit Amends the Clean Water Act . . . or Does It?
Mark C. Rutzick
Engage Volume 12, Issue 1, June 2011
Images of Northwoods logging giant Paul Bunyon have faded for most Americans, but the cable...
Judicial Takings After Stop the Beach Renourishment v. Florida Department of Environmental Protection
James S. Burling
Engage Volume 12, Issue 1, June 2011
We know it is possible for the executive and legislative branches of government to take...