Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Justice, Texas Supreme Court
Evan Young is a Justice of the Supreme Court of Texas. Governor Greg Abbott, who appointed Young to fill an unexpired term, swore him into office on November 10, 2021. Justice Young was elected to a full term in November 2022.
Young graduated summa cum laude from Duke University in 1999, where he was inducted into Phi Beta Kappa. He was a British Marshall Scholar at Oxford University, where he completed his studies in 2001 and earned a First Class Honours degree in Modern History, focusing on British constitutional history. He earned his law degree from Yale Law School in 2004.
Young then worked as a lawyer in the judicial and executive branches of the federal government. He first served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit, and then to Justice Antonin Scalia at the U.S. Supreme Court. In 2006, after his clerkship with Justice Scalia ended, Justice Young became Counsel to the Attorney General at the U.S. Department of Justice, serving in the Office of the Attorney General under Attorneys General Alberto R. Gonzales and Michael B. Mukasey. While on the Attorney General’s staff, he accepted a detail to the U.S. Embassy in Baghdad, Iraq, where he was the Deputy Rule of Law Coordinator. In that position he worked to assist the Iraqi government in its efforts to strengthen its legal regime, including, for example, its courts and prison system.
Young returned to Texas and joined the Austin office of Baker Botts L.L.P. in 2009. His practice focused on trial and appellate litigation. He argued cases before both the Supreme Court of the United States and the Supreme Court of Texas, as well as many federal and state appellate courts. He represented clients across the country before every level of the state and federal judiciary.
Before joining the Texas Supreme Court, Young was appointed in 2017 by Governor Abbott and confirmed by the Texas Senate to serve as a member of the Texas Judicial Council, which is the policy-making body for the Texas Judiciary. In 2015, the Texas Supreme Court appointed him to the Supreme Court Advisory Committee, which assists the Court in drafting the rules that govern litigation in Texas courts. He served on both until his elevation to the bench.
Justice Young is an elected member of the American Law Institute and a member of the Texas Philosophical Society. He has been an adjunct law professor for many years at the University of Texas School of Law, where he has frequently taught the Federal Courts and Religious Liberty courses. He also has been an adjunct professor at the University of Mississippi School of Law, where he has taught multiple courses involving U.S. Supreme Court history. He served as Chair of the State Bar of Texas Business Law Section, Chair of the National Center for Missing and Exploited Children's Texas Regional Office, and Trustee of the Texas Supreme Court Historical Society.
Justice Young and his wife, Tobi, live in Austin with their daughter.
Investigative Counsel, U.S. House Committee on Education and the Workforce
Kent Talbert is a Washington, DC-based attorney with over 25 years’ experience in providing advice on education law and policy in Congress, the U.S. Department of Education, and the private sector. His practice includes legal and policy advice to colleges and universities, for-profit schools, accrediting agencies, the pre-K-12 sector, charter school organizations, trade associations, and education-focused companies, as well as service as an expert witness. He currently serves as Investigative Counsel, U.S. House Committee on Education and the Workforce.
Prior to establishing his firm, Mr. Talbert practiced at Talbert & Eitel, PLLC from 2010-2012. From 2006-2009 he served as General Counsel of the U.S. Department of Education, advising the Secretary of Education on a broad range of legal and policy matters, including the reauthorization of the Higher Education Act of 1965, the drafting and implementation of regulations under the No Child Left Behind Act of 2001, and major education law cases pending before the Supreme Court of the United States and other appellate and trial courts. During his tenure as General Counsel, Mr. Talbert served as the Chief Regulatory Officer for the Department, overseeing all documents for publication in the Federal Register.
He has provided legal and strategic advice on the No Child Left Behind Act of 2001, the Higher Education Opportunity Act of 2008, the Ensuring Continued Access to Student Loans Act of 2008, the Freedom of Information Act (FOIA), the Family Educational Rights and Privacy Act (FERPA), the Rehabilitation Act of 1973, the Americans With Disabilities Act, Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), Federal Student Aid program reviews, negotiated rulemaking, and accreditation.
Prior to his service as General Counsel, Mr. Talbert served as the Department's Deputy General Counsel for Departmental and Legislative Service from 2001-2006. Earlier in his career, Mr. Talbert served for over 12 years on House and Senate staff, both as Education Policy Counsel for the Committee on Education and the Workforce in the U.S. House of Representatives, and as a professional staff member of the Committee on Labor and Human Resources (now Committee on Health, Education, Labor, and Pensions) in the U.S. Senate.
Mr. Talbert is a member of the Bars of the District of Columbia and South Carolina, the Alliance of Public Charter School Attorneys, and the National Association of College and University Attorneys where he serves on the Committee on Legal Education. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Fourth Circuit, and all federal courts in South Carolina and Washington, DC.
Co-Founder and President, Defense of Freedom Institute
Bob is a co-founder and President of DFI. He previously served as Senior Counselor to the Secretary of Education from 2017 through 2020 and Deputy General Counsel of the U.S. Department of Education from 2005 until 2009.
During his most recent tenure at the Department, Bob served on the Secretary’s Leadership Team as a strategic and legal adviser on higher education, civil rights, and congressional oversight matters. As the Department’s Regulatory Reform Officer, he also supervised the implementation of the Secretary’s regulatory agenda and was an architect of the Secretary’s reforms concerning Title IX and the Higher Education Act. As Deputy General Counsel, Bob advised on a wide variety of regulatory, legislative, and oversight matters.
Prior to joining the Department in 2017, Bob was vice president for regulatory compliance matters for several postsecondary institutions and practiced education and employment law in Washington, D.C. Before coming to the Department in 2005, he practiced law in New Orleans, litigating commercial, employment, and bankruptcy cases in Louisiana, Texas, and Mississippi.
Bob earned his A.B. in History from Georgetown University, studied British government and international politics at the London School of Economics and Political Science, and received his law degree from Tulane University Law School. His articles have been published by National Review, Real Clear Education, Washington Examiner, and other media outlets. Fox News has featured his work.
Bob is a member of the District of Columbia and Louisiana Bars and the Federalist Society for Law and Public Policy Studies.
Sterling and Eleanor Colton Endowed Chair in Law; Associate Director, International Center for Law and Religion Studies, BYU Law
Professor Moore is a scholar of foreign relations law, international law, international human rights, and international development. His publications have appeared in the Harvard, Columbia, Virginia, and Northwestern Law Reviews, among others. Professor Moore has taught international law, international human rights, U.S. foreign relations law, civil procedure, legal scholarship, a plenary powers colloquium, and an international religious freedom clinic. As a teacher, he has been recognized with the University's R. Wayne Hansen Teaching and Learning Fellowship, the BYU Law Alumni Association Teacher of the Year Award, and the Student Bar Association First Year Professor of the Year Award. He is a member of the American Law Institute.
As a human rights expert, Professor Moore serves on the Organization for Security and Cooperation in Europe’s Moscow Mechanism. In 2020, he was elected to a brief term on the Human Rights Committee, a body of independent experts that oversees states’ compliance with the International Covenant on Civil and Political Rights. Professor Moore also serves as an Associate Director of the International Center for Law and Religion Studies, which seeks to secure the blessings of religious freedom and belief for everyone.
Between 2017 and 2019, Professor Moore served, variously, as the Acting Deputy Administrator and General Counsel of the U.S. Agency for International Development, the federal government’s lead agency for international development and humanitarian assistance. From 2016 to 2017, he was the Associate Dean for Research and Academic Affairs at Brigham Young University Law School. He was a Visiting Professor at the George Washington University Law School from 2008 to 2009.
Before joining BYU, Professor Moore clerked for Justice Samuel A. Alito, Jr. during the U.S. Supreme Court’s 2007 Term. From 2003 to 2007, Professor Moore was an assistant and then associate professor at the University of Kentucky College of Law. He arrived at the University of Kentucky after researching and teaching at the University of Chicago Law School as an Olin Fellow from 2001 to 2003. From 2000 to 2001, Professor Moore clerked for Judge Samuel A. Alito, Jr. on the U.S. Court of Appeals for the Third Circuit. From 1996 to 2000, he was an Honor Program trial attorney at the U.S. Department of Justice, Civil Division, Federal Programs Branch.
Professor Moore is a summa cum laude graduate of Brigham Young University Law School, where he served as Editor in Chief of the Law Review and graduated first in his class. He received his BA from Brigham Young University, where he was a Benson scholar and graduated summa cum laude, with University Honors, and as co-valedictorian of his college. He and his wife Natalie are the parents of seven wonderful children.
Sterling and Eleanor Colton Endowed Chair in Law; Associate Director, International Center for Law and Religion Studies, BYU Law
Professor Moore is a scholar of foreign relations law, international law, international human rights, and international development. His publications have appeared in the Harvard, Columbia, Virginia, and Northwestern Law Reviews, among others. Professor Moore has taught international law, international human rights, U.S. foreign relations law, civil procedure, legal scholarship, a plenary powers colloquium, and an international religious freedom clinic. As a teacher, he has been recognized with the University's R. Wayne Hansen Teaching and Learning Fellowship, the BYU Law Alumni Association Teacher of the Year Award, and the Student Bar Association First Year Professor of the Year Award. He is a member of the American Law Institute.
As a human rights expert, Professor Moore serves on the Organization for Security and Cooperation in Europe’s Moscow Mechanism. In 2020, he was elected to a brief term on the Human Rights Committee, a body of independent experts that oversees states’ compliance with the International Covenant on Civil and Political Rights. Professor Moore also serves as an Associate Director of the International Center for Law and Religion Studies, which seeks to secure the blessings of religious freedom and belief for everyone.
Between 2017 and 2019, Professor Moore served, variously, as the Acting Deputy Administrator and General Counsel of the U.S. Agency for International Development, the federal government’s lead agency for international development and humanitarian assistance. From 2016 to 2017, he was the Associate Dean for Research and Academic Affairs at Brigham Young University Law School. He was a Visiting Professor at the George Washington University Law School from 2008 to 2009.
Before joining BYU, Professor Moore clerked for Justice Samuel A. Alito, Jr. during the U.S. Supreme Court’s 2007 Term. From 2003 to 2007, Professor Moore was an assistant and then associate professor at the University of Kentucky College of Law. He arrived at the University of Kentucky after researching and teaching at the University of Chicago Law School as an Olin Fellow from 2001 to 2003. From 2000 to 2001, Professor Moore clerked for Judge Samuel A. Alito, Jr. on the U.S. Court of Appeals for the Third Circuit. From 1996 to 2000, he was an Honor Program trial attorney at the U.S. Department of Justice, Civil Division, Federal Programs Branch.
Professor Moore is a summa cum laude graduate of Brigham Young University Law School, where he served as Editor in Chief of the Law Review and graduated first in his class. He received his BA from Brigham Young University, where he was a Benson scholar and graduated summa cum laude, with University Honors, and as co-valedictorian of his college. He and his wife Natalie are the parents of seven wonderful children.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Partner, Earth and Water Law; retired Yale Law School professor (1981-2025), Yangtze River Distinguished Professor, Guangzhou Law School, ChinaDistinguished Adjunct Professor at Antonin Scalia Law School
E. Donald Elliott is a Florence Rogatz Visiting Professor of Law at Yale Law School and a leading academic scholar, as well as practitioner, in the fields of administrative and environmental law. He is “one of the most well-known, well-regarded environmental law professors in the nation,” according to John Cruden, former President of the Environmental Law Institute and Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice during the Obama administration. Elliott has been on the Yale Law faculty since 1981 and currently teaches courses in environmental law, energy law, administrative law and civil procedure. He is also senior of counsel in the Washington D.C. office of Covington & Burling LLP, and co-chair of the firm's Environmental Practice Group. From 2003 until he joined Covington in 2013, he was a partner in Willkie Farr & Gallagher LLP, chairing the firm’s worldwide Environment, Health and Safety Department.
From 1989 to 1991, Elliott served as Assistant Administrator and General Counsel of the U.S. Environmental Protection Agency (EPA). In 1993, he was named to the first endowed chair in environmental law and policy at any major American law school, the Julien and Virginia Cornell Chair in Environmental Law and Litigation at Yale Law School. From 2003-2009, he was a member of the National Academy of Sciences Board on Environmental Studies and Toxicology, which advises the federal government on environmental issues. Elliott also testifies frequently in Congress on environmental issues.
He has served as a consultant on improving the relationship of law and science to the Federal Courts Study Committee, which was chartered by Congress to make recommendations for improving the federal courts, and to the Carnegie Commission for Law, Science and Government. He co-chaired the National Environmental Policy Institute’s Committee on Improving Science at EPA.
Elliott is a Senior Fellow of the Administrative Conference of the United States (ACUS) and an elected member of the American College of Environmental Lawyers and the American Law Institute. He serves on the Board of the Connecticut Fund for the Environment and as chair of its legal committee, as well on the Advisory Board for NYU’s Institute for Policy Integrity. He is a former member of the boards of the Environmental Law Institute, and the Center for Clean Air Policy. He is the author or coauthor of seven books and has published more than 70 articles in professional journals. He was named one of the top 25 environmental attorneys in the United States by the National Law Journal and is highly ranked in Chambers USA: Leading Lawyers for Business; Best Lawyers in America; D.C. Super Lawyers; Who’s Who in American Law; and Who’s Who in the World.
He earned both his B.A., summa cum laude and Phi Beta Kappa, and his J.D. from Yale. Following graduation, he was a law clerk for Gerhard Gesell in the U.S. District Court for the District of Columbia, and for Chief Judge David Bazelon of the U.S. Court of Appeals for the District of Columbia Circuit.
Professor of Practice and Distinguished Scholar in Residence; Co-Director of the Legislative and Regulatory Process Clinic, New York University School of Law
Sally Katzen served in the Clinton administration as administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB), as deputy assistant to the president for economic policy and deputy director of the National Economic Council in the White House, and then as the deputy director for management at OMB. She served as the head of the Agency Review Group for the Obama/Biden transition with responsibility for the Executive Office of the President and all government-wide agencies. She has taught both undergraduates and at various law schools. She is a member of the American Law Institute and the National Academy of Public Administration, has served on multiple panels for the National Academy of Sciences, testified frequently before Congress, and is on the board of several non-profit organizations. Before joining the Clinton administration, Katzen was a partner in the Washington, DC, law firm of Wilmer, Cutler & Pickering, specializing in regulatory and legislative matters, while serving in leadership roles in the American Bar Association (including chair of the Section on Administrative Law and Regulatory Practice and as DC delegate to the ABA’s House of Delegates), as president of the Federal Communications Bar Association and as president of the Women’s Legal Defense Fund. She graduated from Smith College and the University of Michigan Law School, where she was the first woman editor-in-chief of the Law Review. She clerked for Judge J. Skelly Wright of the United States Court of Appeals for the District of Columbia Circuit and served in the Carter administration as the general counsel of the Council on Wage and Price Stability in the Executive Office of the President.
Professor of Practice in Administrative Law, American University Washington College of Law
Jeffrey Lubbers is a Professor of Practice in Administrative Law and is also active in WCL's Law and Government Program. He holds expertise in administrative law; government structure and procedures; and regulatory policy and procedures. In addition to teaching Administrative Law, he also teaches the Washington Lawyer Seminar, the one required course in the LLM in Law and Government Program. He also serves as WCL's liaison to Japanese Law Schools, having taught at WCL's "sister school," Ritsumeikan University School of Law in Kyoto, for five summers. From 1982-1995, Professor Lubbers was the research director of the Administrative Conference of the United States. He has published two books: A Guide to Federal Agency Rulemaking (4th ed., ABA Press, 2006) andFederal Administrative Procedure Sourcebook (4th ed., ABA Press, 2008). He is also the editor of the ABA's Developments in Administrative Law and Regulatory Practice (10 vols., 1998-2008).
Judge, United States Court of Appeals, D.C. Circuit
Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990.
Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude. Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.
After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.
Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.
After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977.
In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.
In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.
From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.
As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions. In 1992 he taught a course in constitutional law. He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law. He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman. He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.
Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus. In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School. In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society. He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.
Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist living in San Francisco.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Partner, Earth and Water Law; retired Yale Law School professor (1981-2025), Yangtze River Distinguished Professor, Guangzhou Law School, ChinaDistinguished Adjunct Professor at Antonin Scalia Law School
E. Donald Elliott is a Florence Rogatz Visiting Professor of Law at Yale Law School and a leading academic scholar, as well as practitioner, in the fields of administrative and environmental law. He is “one of the most well-known, well-regarded environmental law professors in the nation,” according to John Cruden, former President of the Environmental Law Institute and Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice during the Obama administration. Elliott has been on the Yale Law faculty since 1981 and currently teaches courses in environmental law, energy law, administrative law and civil procedure. He is also senior of counsel in the Washington D.C. office of Covington & Burling LLP, and co-chair of the firm's Environmental Practice Group. From 2003 until he joined Covington in 2013, he was a partner in Willkie Farr & Gallagher LLP, chairing the firm’s worldwide Environment, Health and Safety Department.
From 1989 to 1991, Elliott served as Assistant Administrator and General Counsel of the U.S. Environmental Protection Agency (EPA). In 1993, he was named to the first endowed chair in environmental law and policy at any major American law school, the Julien and Virginia Cornell Chair in Environmental Law and Litigation at Yale Law School. From 2003-2009, he was a member of the National Academy of Sciences Board on Environmental Studies and Toxicology, which advises the federal government on environmental issues. Elliott also testifies frequently in Congress on environmental issues.
He has served as a consultant on improving the relationship of law and science to the Federal Courts Study Committee, which was chartered by Congress to make recommendations for improving the federal courts, and to the Carnegie Commission for Law, Science and Government. He co-chaired the National Environmental Policy Institute’s Committee on Improving Science at EPA.
Elliott is a Senior Fellow of the Administrative Conference of the United States (ACUS) and an elected member of the American College of Environmental Lawyers and the American Law Institute. He serves on the Board of the Connecticut Fund for the Environment and as chair of its legal committee, as well on the Advisory Board for NYU’s Institute for Policy Integrity. He is a former member of the boards of the Environmental Law Institute, and the Center for Clean Air Policy. He is the author or coauthor of seven books and has published more than 70 articles in professional journals. He was named one of the top 25 environmental attorneys in the United States by the National Law Journal and is highly ranked in Chambers USA: Leading Lawyers for Business; Best Lawyers in America; D.C. Super Lawyers; Who’s Who in American Law; and Who’s Who in the World.
He earned both his B.A., summa cum laude and Phi Beta Kappa, and his J.D. from Yale. Following graduation, he was a law clerk for Gerhard Gesell in the U.S. District Court for the District of Columbia, and for Chief Judge David Bazelon of the U.S. Court of Appeals for the District of Columbia Circuit.
Professor of Practice and Distinguished Scholar in Residence; Co-Director of the Legislative and Regulatory Process Clinic, New York University School of Law
Sally Katzen served in the Clinton administration as administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB), as deputy assistant to the president for economic policy and deputy director of the National Economic Council in the White House, and then as the deputy director for management at OMB. She served as the head of the Agency Review Group for the Obama/Biden transition with responsibility for the Executive Office of the President and all government-wide agencies. She has taught both undergraduates and at various law schools. She is a member of the American Law Institute and the National Academy of Public Administration, has served on multiple panels for the National Academy of Sciences, testified frequently before Congress, and is on the board of several non-profit organizations. Before joining the Clinton administration, Katzen was a partner in the Washington, DC, law firm of Wilmer, Cutler & Pickering, specializing in regulatory and legislative matters, while serving in leadership roles in the American Bar Association (including chair of the Section on Administrative Law and Regulatory Practice and as DC delegate to the ABA’s House of Delegates), as president of the Federal Communications Bar Association and as president of the Women’s Legal Defense Fund. She graduated from Smith College and the University of Michigan Law School, where she was the first woman editor-in-chief of the Law Review. She clerked for Judge J. Skelly Wright of the United States Court of Appeals for the District of Columbia Circuit and served in the Carter administration as the general counsel of the Council on Wage and Price Stability in the Executive Office of the President.
Professor of Practice in Administrative Law, American University Washington College of Law
Jeffrey Lubbers is a Professor of Practice in Administrative Law and is also active in WCL's Law and Government Program. He holds expertise in administrative law; government structure and procedures; and regulatory policy and procedures. In addition to teaching Administrative Law, he also teaches the Washington Lawyer Seminar, the one required course in the LLM in Law and Government Program. He also serves as WCL's liaison to Japanese Law Schools, having taught at WCL's "sister school," Ritsumeikan University School of Law in Kyoto, for five summers. From 1982-1995, Professor Lubbers was the research director of the Administrative Conference of the United States. He has published two books: A Guide to Federal Agency Rulemaking (4th ed., ABA Press, 2006) andFederal Administrative Procedure Sourcebook (4th ed., ABA Press, 2008). He is also the editor of the ABA's Developments in Administrative Law and Regulatory Practice (10 vols., 1998-2008).
Judge, United States Court of Appeals, D.C. Circuit
Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990.
Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude. Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.
After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.
Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.
After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977.
In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.
In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.
From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.
As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions. In 1992 he taught a course in constitutional law. He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law. He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman. He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.
Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus. In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School. In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society. He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.
Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist living in San Francisco.
Judge, United States Court of Appeals, Seventh Circuit
Michael B. Brennan was confirmed and sworn in as a Circuit Judge for the U.S. Court of Appeals for the Seventh Circuit in May 2018.
He previously worked as a partner in the Milwaukee law firm of Gass Weber Mullins LLC, where he tried cases and handled appeals in federal and state courts, as a judge on the Milwaukee County Circuit, where he presided over a variety of criminal and civil calendars, and as an assistant district attorney in the Milwaukee County District Attorney’s office.
Brennan’s undergraduate degree is from the University of Notre Dame, and his law degree from Northwestern University School of Law, where he was an editor on the law review and the moot court champion. He served as a law clerk on the U.S. District Court for the Eastern District of Wisconsin and the U.S. Court of Appeals for the Seventh Circuit.
Partner, Arnold & Porter
John Elwood is the head of Arnold & Porter’s Appellate and Supreme Court practice. He has argued before the Supreme Court nine times, and appeared before most of the federal courts of appeals. He has successfully argued cases across a broad cross-section of subjects, with particular experience in environmental law, the False Claims Act, government contracting, and federal criminal law
Mr. Elwood’s work has earned him recognition as one of Washington’s top Supreme Court lawyers (Washingtonian, 2013), as one of “a small group of lawyers” with an “outsized influence at the U.S. Supreme Court” (Reuters, 2014), and as one of the country’s most innovative lawyers (Financial Times, 2014). Chambers USA reports that “[t]he much-admired John Elwood is praised for his advocacy skills” (2013), and describes Mr. Elwood as “phenomenal” (2014), “incredibly talented” (2012), and “a much-loved and widely respected lawyer who is quick on his feet” (2010).
Before joining the firm, Mr. Elwood served in senior-level positions in the U.S. Department of Justice. Beginning as an Assistant to the Solicitor General, and continuing with the firm, he has briefed more than 20 merits cases before the Supreme Court of the United States, and has briefed approximately 135 cases at the certiorari stage. As the senior Deputy in the Office of Legal Counsel, he advised the White House and federal agencies on a range of constitutional, statutory, and regulatory issues.
Attorney, Rathje Woodward LLC
Brian Murray is a first-chair trial and appellate lawyer with a nationwide practice, practicing at Rathje Woodward LLC. A former law clerk to Justice Antonin Scalia, he represents companies and individuals in complex commercial litigation, class actions and civil government enforcement and regulatory matters. In addition, Brian has briefed over a hundred appeals, and has personally argued over 30 of them — including cases before the U.S. Supreme Court, nearly every federal court of appeals, and a number of state supreme and intermediate appellate courts. Brian also served as Deputy to the Associate Attorney General for the United States Department of Justice. In this senior leadership office at the DOJ, Brian counseled Department and executive branch principals and helped formulate policies and strategies for investigating, litigating, and resolving civil regulatory and enforcement matters. Brian relies on his deep experience in guiding his clients through pressing legal challenges.
Brian is routinely called upon to present clients’ most complex and business-critical matters to tribunals nationwide. Notable first-chair jury trial wins include a full defense verdict in a sprawling civil rights class action against the City of Chicago. Key appellate wins include a victory at the Supreme Court that changed the course of CERCLA law, and multiple wins in courts across the country for pharmaceutical companies combatting consumer fraud claims related to drug pricing. Other engagements over the last twenty years have included matters involving environmental, consumer fraud, RICO, antitrust, Title VII, the FAA, and other statutory and common-law claims; enforcement litigation involving the False Claims Act, environmental, and constitutional claims; and other complex civil matters.
Brian has taught Complex Litigation and Class Actions at the University of Chicago Law School for almost a decade. He is a member of the Seventh Circuit Bar Association, the Chicago-Lincoln and Robert Jones American Inns of Court, and the Illinois Appellate Lawyers’ Association. His work has been featured in The Wall Street Journal, New York Times, Washington Post, Chicago Tribune, and on PBS’s Chicago Tonight.
Managing Partner, Schiff Hardin LLP
Ronald S. Safer concentrates in white collar criminal defense and also participates in our firm's civil litigation practice.
Mr. Safer, working with Northwestern University's Center on Wrongful Convictions, obtained a not guilty verdict for the firm's client, Julie Rea Harper. This trial involved the defense of a mother being retried for the murder of her son, even though a convicted felon in another state had confessed to the crime. Mr. Safer and his litigation team successfully discredited the prosecution's case, and her acquittal highlighted the need to reform the special prosecutor system in Illinois. ABC-TV's20/20 broadcast a feature story on this case, spotlighting Mr. Safer, in March 2007.
Mr. Safer has lectured for the U.S. Department of Justice (DOJ) on various subjects including the use of RICO, complex financial frauds, and numerous areas of trial practice.
Mr. Safer continues to lecture for the Federal Bureau of Investigation (FBI) concerning complex investigations.
Mr. Safer was an Assistant U.S. Attorney in the Northern District of Illinois from 1989 until he rejoined Schiff Hardin in 1999.
As Chief of the Criminal Division at the time he left the U.S. Attorney's Office, Mr. Safer oversaw all financial fraud cases and supervised all 100 Assistant U.S. Attorneys in the division. Earlier, he served as Deputy Chief of the Special Prosecution Section (also overseeing all financial fraud cases) and Deputy Chief of the General Crimes Division.
Mr. Safer successfully prosecuted literally hundreds of defendants during his tenure in the U.S. Attorney's Office, including:
Mr. Safer's role in the Gangster Disciples prosecution was described in a feature story in Newsweek, November 1, 1999. Mr. Safer also is spotlighted in the City Confidential and American Justice television programs produced for the A&E cable television network and on "The Prosecutors" television program produced for theDiscovery Channel.
Partner, Katten Muchin Rosenman LLP
Gil M. Soffer is Co-Chair of the firm's National White Collar Practice. He joined the Firm in August 2000, after six years as a federal prosecutor. Mr. Soffer concentrates his practice in white collar criminal litigation, particularly corporate fraud litigation; corporate investigations; insurance litigation; and anti-fraud counseling and litigation. Mr. Soffer is also involved in a wide range of matters involving reinsurance, health care, and alternative dispute resolution.
In January 2008, Mr. Soffer accepted a position as Counsel to the Deputy Attorney General in Washington, D.C., and shortly thereafter was appointed Associate Deputy Attorney General. During his year-long term with the Department of Justice, Mr. Soffer advised the Deputy Attorney General on criminal matters at the Department, with particular emphasis on corporate fraud prosecutions. He played an integral role in drafting the Department's Corporate Monitor Principles and Corporate Charging Principles, and provided training on the latter policy to U.S. Attorneys' Offices nationwide. Mr. Soffer also managed the President's Corporate Fraud Task Force and briefed members of Congress about criminal matters within the Department of Justice.
Mr. Soffer had previously served in the Department of Justice when he was an Assistant U.S. Attorney in the United States Attorney's Office in Chicago (1994 - 2000). In that capacity, he prosecuted a wide range of federal crimes, including bank, mail, wire, tax, and insurance fraud; narcotics and firearms trafficking; bank robbery; embezzlement; and money laundering. In November 1996, Mr. Soffer received the Director's Award for Superior Performance as an Assistant U.S. Attorney from then-Attorney General Janet Reno.
Mr. Soffer graduated magna cum laude from Brown University in 1986 and earned his J.D., cum laude, from Harvard Law School in 1989. Upon graduating from law school, Mr. Soffer clerked in the U.S. District Court for the Northern District of Illinois under Judge John A. Nordberg. After his clerkship, Mr. Soffer became an associate with the law firm of McCutchen, Doyle, Brown & Enersen in San Francisco, where he practiced in the general litigation department.
Mr. Soffer is a member of the American Bar Association and is admitted to practice in Illinois and California. He has served as an Adjunct Professor at Loyola University Law School, where he taught Federal Criminal Prosecution. Mr. Soffer has lectured on subjects ranging from corporate internal investigations to deferred prosecution agreements, appeared regularly as a legal expert on the ABC News Now program Guilt or Innocence, and testified before Congress about the use and selection of corporate monitors in criminal cases.
In December 2009, Mr. Soffer was appointed by Illinois Governor Quinn to serve as a Commissioner on the Illinois Executive Ethics Commission. The nine-member Commission was formed to promote ethics in the executive branch of public service and to ensure that state business is conducted with fairness and integrity. Toward that end, the Commission adjudicates alleged violations of the Illinois Ethics Act and provides guidance to the State's ethics officers.
Earl Warren Professor of Public Law (Emeritus), UC Berkeley School of Law
Jesse Choper served as law clerk to Chief Justice Earl Warren of the U.S. Supreme Court following graduation from law school. He taught at the Wharton School of the University of Pennsylvania from 1957 to 1960, and at the University of Minnesota Law School from 1961 to 1965. He joined the Berkeley Law faculty in 1965. Choper has been a visiting professor at Harvard Law School, Fordham Law School, University of Milan, Free University in Amsterdam, Autonoma University in Barcelona, University of New South Wales in Sydney, University of Lucerne in Switzerland, and Catholic University of Portugal in Lisbon and Porto. He served as Berkeley Law’s dean from 1982 to 1992.
From 1979 to 1998, Choper was one of the three major lecturers at U.S. Law Week’s Annual Constitutional Law Conference in Washington, D.C. He has delivered 20 titled lectures at major universities throughout the country, including the Cooley Lectures at Michigan, the Stevens Lecture at Cornell, the Baum Lecture at Illinois, and the Lockhart Lecture at Minnesota. He has served on the executive committee of the Association of American Law Schools, and on the executive council of the American Academy of Arts and Sciences (of which he was vice president for more than ten years). He was national president of the Order of the Coif and is a member of the American Law Institute. In 1998 he received the UC Berkeley Distinguished Teaching Award and the Rutter Award for Teaching Distinction at Berkeley Law in 2006. In 2005 the Berkeley Law Alumni Association presented Choper with the Faculty Lifetime Achievement Award and the University of Pennsylvania Law School gave him the James Wilson Award, its highest award for alumni.
Choper’s major publications include the books, Judicial Review and the National Political Process: A Functional Reconsideration of the Role of the Supreme Court, which received the Order of the Coif Triennial Book Award in 1982, and Securing Religious Liberty: Principles for Judicial Interpretation of the Religion Clauses. His recent publications include the thirteenth edition of his Constitutional Law casebooks; the eighth edition of his Corporations casebook; the second edition of The Supreme Court and Its Justices; “The Political Question Doctrine: Suggested Criteria,” in Duke Law Journal (2005); “Wartime Process: A Dialogue on Congressional Power to Remove Issues From the Federal Courts,” in California Law Review (2007) (co-author); and “Who’s Afraid of the Eleventh Amendment? The Limited Impact of the Court’s Sovereign Immunity Rulings,” in Columbia Law Review (2006) (co-author).
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Wal-Mart v. Dukes - Post-Argument SCOTUScast
Brian T. Fitzpatrick
SCOTUScast 04-05-11 featuring Brian T. Fitzpatrick
On March 29, 2011 the Supreme Court heard oral argument in Wal-Mart v. Dukes. The...
Skinner v. Switzer - Post-Decision SCOTUScast
Evan A. Young
SCOTUScast 03-31-11 featuring Evan A. Young
On March 7, 2011, the Supreme Court announced its decision in Skinner v. Switzer. The...
The U.S. Department of Education's Federal Student Aid Program Integrity Final Regulations
Kent D. Talbert, Robert S. Eitel
Engage, Volume 12, Issue 1
This paper assesses the Department of Education’s new regulations concerning Title IV in the Higher...
Should U.S. Courts Ignore International Law?
Christopher Chadzutko, David Moore
New England Student Chapter
In recent years a controversy has developed over the role that foreign and international law...
Should U.S. Courts Ignore International Law?
Christopher Chadzutko, David Moore
New England Student Chapter
In recent years a controversy has developed over the role that foreign and international law...
The Future of Regulatory Review
Ronald A. Cass, E. Donald Elliott, Sally Katzen, Jeffrey Lubbers, A. Raymond Randolph
Administrative Law & Regulation Practice Group
On January 18, President Obama announced through a Wall Street Journal opinion piece that he...
The Future of Regulatory Review
Ronald A. Cass, E. Donald Elliott, Sally Katzen, Jeffrey Lubbers, A. Raymond Randolph
Administrative Law & Regulation Practice Group
On January 18, President Obama announced through a Wall Street Journal opinion piece that he...
Michigan v. Bryant - Post-Decision SCOTUScast
Michael B. Brennan
SCOTUScast 03-22-11 featuring Michael B. Brennan
On February 28, 2011, the Supreme Court announced its decision in Michigan v. Bryant. This...
Honest Services Fraud: What's Left?
John P. Elwood, Brian J. Murray, Ronald S. Safer, Gil Soffer
Chicago Lawyers Chapter and Criminal Law & Procedure Practice Group
Last year, in its "Honest Services Cases" the Supreme Court purported to confine the statute...
Debate on Obamacare
Jesse H. Choper, Richard A. Epstein
California-Berkeley Student Chapter
On March 10, 2011, the California-Berkeley Student Chapter hosted this debate on Obamacare between Prof. Richard Epstein of NYU School...