Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. - China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
Founding Partner, Boyden Gray & Associates
Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.
Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.
Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.
Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.
General Counsel, James Madison Center for Free Speech
Partner, Williams & John LTD
David L. Applegate is a partner of Williams & John Ltd., where he chairs the firm's intellectual property practice group and is a member of the commercial litigation practice group. He focuses his practice on patent, trademark, copyright, trade secret, unfair competition, and business litigation and arbitration, and on U. S. Supreme Court and related amicus brief practice.
Mr. Applegate is a Fellow of Litigation Counsel of America, the Intellectual Property Institute, and the Diversity Law Institute; a Senior Master Member of the Richard Linn American Inn of Court; a Past President of the Chicago Lincoln American Inn of Court; and a Legal Policy Advisor to The Heartland Institute. He is "AV Preeminent" peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for both ethical standards and legal ability, and has been named by his peers for inclusion in Illinois Leading Lawyers and IllinoisSuper Lawyers in both commercial and intellectual property litigation for decades.
Throughout his career, Mr. Applegate has represented corporations and individuals as both plaintiffs and defendants in state and federal litigation at the trial and appellate levels. He has tried multiple cases to verdict in both jury and bench trials nationwide and has argued appeals in the Illinois appellate courts and the U.S. Court of Appeals for the Seventh and Federal Circuits; his amicus brief was cited twice in the U. S. Supreme Court’s 5-4 majority opinion in the Janus case. Mr. Applegate also has extensive commercial arbitration and private mediation experience in both national and international dispute resolution forums, and is a former member of the Chicago International Dispute Resolution Association. In 2001, the U. S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association recognized him for his outstanding individual commitment to pro bono service to indigent clients throughout the Northern District of Illinois.
In addition to his legal practice, Mr. Applegate has written and spoken frequently on matters of law and public policy, including on both local and national television and radio. He is an avid collector and amateur historian of original comic strip and editorial cartoon art, and has written extensively in that field as well for over three decades.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Counsel to the Firm, Cascadia Cross-Border Law
Margaret Stock focuses her practice on immigration and citizenship law. She is a nationally known expert on immigration and national security laws, and has testified regularly before Congressional committees on immigration, homeland security, and military matters. As a retired Lieutenant Colonel in the Military Police, U.S. Army Reserve, Margaret has extensive experience with U.S. military issues. She has also worked as a professor at the United States Military Academy at West Point, and she has served as an adjunct instructor at the University of Alaska. Margaret served as a member of the American Bar Association Commission on Immigration from 2008-2012. She regularly authors articles on military-related immigration issues, and is well-versed on “parole in place” for military family members and the Military Accessions Vital to the National Interest (“MAVNI”) Program. Margaret authored the book Immigration Law & the Military, which was published by the American Immigration Lawyers Association in 2012.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Retired Partner, Sullivan & Cromwell LLP
Upon his resignation as the Legal Adviser of the U.S. Department of State in January 1993, Mr. Williamson rejoined Sullivan & Cromwell's Washington, D.C. office. He originally joined the Firm in 1964 after graduating from New York University School of Law, where he was an editor of the Law Review. He became a partner of the Firm in 1971, moved to its London office in 1976, returned to its New York office in 1979, moved to its Washington, D.C. office in 1988 and became Of Counsel in 2007. In 2018, he retired from the firm.
At Sullivan & Cromwell, Mr. Williamson engaged in a broad and wide-ranging domestic and international financing and transactions practice, as well as advice with respect to corporate governance issues, the United States’ economic sanctions laws, the ethics rules applicable to government officials and the immunities of foreign sovereigns and international organizations.
Mr. Williamson has been an active participant on panels and other forums involving public international law and national security issues, such as the domestic and international bases for the use of force, the role of the United States with respect to the International Criminal Court, the law of the sea and the application of international legal principles in the war against terrorism.
Mr. Williamson is a member of the Council on Foreign Relations and a former member of the Executive Council of the American Society of International Law, the Executive Committees of the Business and Advisory Committee (BIAC) to the OECD and the U.S. Council for International Business, the United States Advisory Board of NTT DoCoMo, Inc. and the Board of Directors of Triton Oil & Gas Limited.
Mr. Williamson has served on the Boards of Regents and Trustees of the University of the South and as chair of the Board of Regents. He is currently a member of the Board of Directors of the American Council of Trustees and Alumni, a higher education watchdog.
S. Walter Richey Professor of Corporate Law, University of Minnesota Law School
Professor Richard W. Painter received his B.A., summa cum laude, in history from Harvard University and his J.D. from Yale University, where he was an editor of the Yale Journal on Regulation. Following law school, he clerked for Judge John T. Noonan Jr., of the United States Court of Appeals for the Ninth Circuit and later practiced at Sullivan & Cromwell in New York City and Finn Dixon & Herling in Stamford, Connecticut.
He has served as a tenured member of the law faculty at the University of Oregon School of Law and the University of Illinois College of Law, where he was the Guy Raymond and Mildred Van Voorhis Jones Professor of Law from 2002 to 2005.
From February 2005 to July 2007, he was Associate Counsel to the President in the White House Counsel's office, serving as the chief ethics lawyer for the President, White House employees and senior nominees to Senate-confirmed positions in the Executive Branch. He is a member of the American Law Institute and is an advisor for the new ALI Principles of Government Ethics. He has also been active in the Professional Responsibility Section of the American Bar Association.
Professor Painter has also been active in law reform efforts aimed at deterring securities fraud and improving ethics of corporate managers and lawyers. A key provision of the Sarbanes-Oxley Act of 2002 requiring the SEC to issue rules of professional responsibility for securities lawyers was based on earlier proposals Professor Painter made in law review articles and to the ABA and the SEC. He has given dozens of lectures on the Sarbanes-Oxley Act to law schools, bar associations, and learned societies, such as the American Academy of Arts and Sciences. Professor Painter has on four separate occasions provided invited testimony before committees of the U.S. House of Representatives or the U.S. Senate on securities litigation and/or the role of attorneys in corporate governance.
His book, Getting the Government America Deserves: How Ethics Reform Can Make a Difference, was published by Oxford University Press in January 2009. He has written op-eds on government ethics for various publications including the New York Times, the Washington Post and the Los Angeles Times, and he has been interviewed several times on government ethics and corporate ethics by national news organizations, including appearances on Lawrence O'Donnell (MSNBC), Anderson Cooper 360 (CNN), CNN News, Fox News, National Public Radio All Things Considered, and Minnesota Public Radio News. In 2011, he testified before the U.S. House Government Oversight Committee on partisan political activity by government officials and reform of the Hatch Act. Professor Painter has also given expert testimony in cases involving securities transactions and the professional responsibility of lawyers. He testified as a defense witness in SEC. v. The Reserve Money Market Fund (SDNY, November 2012), a jury trial of an SEC enforcement action against the founders of the world's oldest money market fund that ended with a defense verdict on all of the fraud counts.
Professor Painter is the author of two casebooks: Securities Litigation and Enforcement (with Margaret Sachs and Donna Nagy; West 2003; Second Edition, 2007; Third Edition 2011) and Professional and Personal Responsibilities of the Lawyer (with Judge John T. Noonan Jr.; Foundation 1997; Second Edition, 2001; Third Edition 2011). He has written dozens of articles, book reviews, and essays, including a series of papers and a forthcoming book with Minnesota colleague Claire Hill on the personal responsibility of investment bankers.
Doy & Dee Henley Chair and Distinguished Professor of Jurisprude, Chapman University Dale E. Fowler School of Law
Ronald D. Rotunda was the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, the Dale E. Fowler School of Law. He joined the faculty in 2008. Before that, he was University Professor and Professor of Law at George Mason University School of Law. From 2002 to 2006, he was the George Mason University Foundation Professor of Law. Before that, he was the Albert E. Jenner, Jr. Professor of Law, at the University of Illinois. He was a magna cum laude graduate of both Harvard College and Harvard Law School, where he was a member of Harvard Law Review. He joined the University of Illinois faculty in 1974 after clerking for Judge Walter R. Mansfield of the United States Court of Appeals for the Second Circuit, practicing law in Washington, D.C., and serving as assistant majority counsel for the Senate Watergate Committee. He has co-authored the most widely used course book on legal ethics, Problems and Materials on Professional Responsibility(Foundation Press, 12th ed. 2014) and was the author of a leading course book on constitutional law, Modern Constitutional Law (West Academic Co., 11th ed. 2015)(Abridged & Unabridged editions). He was the coauthor of, Legal Ethics: The Lawyer's Deskbook on Professional Responsibility (ABA- West/Thompson Reuters Publishing, St. Paul, Minnesota, 2016-2017 ed.) (Jointly published by the ABA and West/Thompson Reuters Publishing) (with John Dzienkowski). Rotunda also co-authored (with John Nowak) the six-volume Treatise on Constitutional Law (West/Thompson Reuters Publishing, 5th ed. 2012)(with annual updates), and a one volume Treatise on Constitutional Law (West Academic, 8th ed. 2010). He was also the author of several other books and more than 500 articles in various law reviews, journals, newspapers, and books in this country and abroad. His works have been translated into French, Portuguese German, Romanian, Czech, Russian, Japanese, and Korean. These books and articles have been cited more than 2000 times by law reviews, by state and federal courts at every level, from trial courts to the U.S. Supreme Court, and by foreign courts in Europe, Africa, Asia, and South America. He has been interviewed on radio and television on legal issues, both in this country and abroad. In 1993 he was the Constitutional Law Adviser to the Supreme National Council of Cambodia and assisted that country in writing its first democratic constitution. He has consulted with various new democracies in Eastern Europe and the former Soviet Union, including Moldova, Romania, and Ukraine, on their proposed constitutions and judicial codes. He chaired the subcommittee that drafted the American Bar Association's Model Rules for Lawyer Disciplinary Enforcement; was a member of the Publications Board of the A.B.A. Center for Professional Responsibility from 1994 to 2016; was a member of the A.B.A. Standing Committee on Professional Discipline (1991-1997); and was Liaison to the A.B.A. Standing Committee on Ethics and Professional Responsibility (1994-1997). He was a Fulbright Professor in Venezuela in 1986 and a Fulbright Research Scholar in Italy in 1981. In 1996 he assisted the Czech Republic in drafting the first Rules of Ethics for lawyers in that country. During the Spring, 1999 semester, he was Visiting Professor at the University of Alabama School of Law, holding the John S. Stone Endowed Chair of Law. During the summer and fall of 2000, he was the Visiting Senior Fellow in Constitutional Studies at the Cato Institute, in Washington, DC. In the fall of 2001, he was visiting professor at George Mason University School of Law. During November-December, 2002, he was Visiting Scholar, Katholieke Universiteit Leuven, Faculty of Law, Leuven, Belgium. In May, 2004, and December, 2005, he was visiting lecturer at the Institute of Law and Economics, Institut für Recht und Ökonomik, at the University of Hamburg. From early June 2004 to May 2005, he was the Special Counsel to the Department of Defense. He was on the Panel of Contributing Editors that produced, Black's Law Dictionary (West/Thompson Reuters Publishing, 8th ed. 2004; Thomson-Reuters, 10th ed. 2014). From 2005-2006, he was a member of the Task Force on Judicial Functions of the Commission on Virginia Courts in the 21st Century: To Benefit All, to Exclude None.
In May, 2000, American Law Media, publisher of The American Lawyer, the National Law Journal, and the Legal Times picked Professor Rotunda as one of the ten most influential Illinois Lawyers. Also in 2000, a lengthy study that the University of Chicago Press published, which sought to determine the influence, productivity, and reputations of law professors over the last several decades, listed Professor Rotunda as the 17th highest in the nation. The 2002-2003 New Educational Quality Ranking of U.S. Law Schools (EQR) [the last year for which such records are available] ranks Professor Rotunda as the eleventh most cited of all law faculty in the United States. Seehttp://www.leiterrankings.com/faculty/2002faculty_impact_cites.shtml.
In July, 2007, he was one of the main speakers at the International Judicial Conference hosted by the United States Embassy, the Supreme Court of Latvia, and the Latvian Ministry of Justice. The other main speakers were Justice Samuel Alito, the President of Latvia, the Prime Minister of Latvia, the Chief Justice of Latvia, and the Minister of Justice of Latvia. On February 27, 2008, President George W. Bush nominated Ronald D. Rotunda to become a member of the Privacy and Civil Liberties Oversight Board (PCLOB) for an initial four-year term and sent his nomination to the Senate Committee on Homeland Security and Governmental Affairs for confirmation hearings on the nominees. He was selected the Best Lawyer in Washington, DC, in 2009 in Ethics and Professional Responsibility Law, as published in November 2008 in the Washington Post in association with the Legal Times. When he moved to California, he was also selected as one of the Best Lawyers in Southern California, in 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, also in Ethics and Professional Responsibility Law as published in the Los Angeles Times, U.S. News, and American Law Media. On June 17, 2009, he became a Commissioner of the Fair Political Practices Commission, a state regulatory agency (analogous to the Federal Election Commission) that is California's independent political watchdog. He served until January 31, 2013, when his term expired. In 2012, he became a Distinguished International Research Fellow at the World Engagement Institute, a non-profit, multidisciplinary and academically-based non-governmental organization with the mission to facilitate professional global engagement for international development and poverty reduction http://www.weinstitute.org/fellows.html. In 2012, Chapman University honored him with The Chapman University Excellence In Scholarly/Creative Work Award, 2011-2012. Since 2014, he has been a member of the Editorial Board of, The International Journal of Sustainable Human Security (IJSHS), a peer-reviewed publication of the World Engagement Institute (WEI). Rotunda was a Member of the Editorial Board of ABA's Journal of Legal Education (2014 to 2016).
President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law School
Mark joined the Becket team in 2011 and splits his time as Associate Professor at The Catholic University of America, Columbus School of Law, and as Visiting Professor at Harvard Law School. Mark teaches constitutional law, religious liberty, torts, and evidence. He has been voted Teacher of the Year three years in a row by the Law School’s Student Bar Association.
Mark has broad experience litigating First Amendment religious exercise and free speech cases. He has represented the winning parties in a variety of Supreme Court First Amendment cases including Hobby Lobby, Little Sisters, Wheaton College, and Holt. In January 2014, Mark argued before the Supreme Court in McCullen v. Coakley, a First Amendment challenge to a Massachusetts speech restriction outside of abortion clinics. The Justices ruled in favor of his clients 9-0. Mark also led a successful eight-year litigation battle against Governor Blagojevich’s effort to force religious pharmacists to distribute the morning-after and week-after pills.
Mark’s academic writing focuses on the First and Fourteenth Amendments, and has appeared in a variety of prestigious journals, including the Harvard Law Review.
Mark is a widely sought after speaker on constitutional issues, particularly concerning abortion and the First Amendment. Professor Rienzi has been invited to discuss these issues at Harvard Law School, Columbia University Law School, Georgetown University Law Center, Boston College Law School, Notre Dame Law School, the National Press Club, and the Capitol. He has been quoted on constitutional law issues on NPR, in the Washington Times, The New York Daily News, and the Chicago Sun-Times. Mark has also been featured on the Kelly File, Fox News Sunday, Your World with Neil Cavuto, Geraldo at Large, CNN Tonight, CNN Live, Andrea Mitchell Reports, and Wall Street Journal Live.
Prior to joining Becket, Mark served as counsel for the litigation department and the intellectual property litigation practice group of WilmerHale LLP. His practice focused on complex civil and appellate litigation with a particular emphasis on intellectual property and First Amendment issues. Prior to joining WilmerHale, he served as law clerk to the Hon. Stephen F. Williams, senior circuit judge for the U.S. Court of Appeals for the D.C. Circuit. Prior to that, Mark was an editor of the Harvard Law Review, and earned his J.D. from Harvard Law School and B.A. from Princeton University, both with honors.
A Fundamental Misconception of Separation of Powers: Boumediene v. Bush
Heather P. Scribner
Engage Volume 11, Issue 3, December 2010
Terrorists attacked the United States on September 11, 2001. Congress quickly authorized the President to...
The Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010: Is It Constitutional?
John Shu, C. Boyden Gray
Engage Volume 11, Issue 3, December 2010
President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”...
Holding the Service's Feet to the Fire: Applying Citizens United and the First Amendment to the IRC § 501(c)(3) Political Prohibition
Zachary S. Kester, James Bopp
Engage Volume 11, Issue 3, December 2010
The Supreme Court’s recent decision in Citizens United v. FEC will have a lasting and profound...
In re Bilski: Business Method Patents Resolved? Not Likely
David L. Applegate
Engage Volume 11, Issue 3, December 2010
The day before Halloween 2008, the Court of Appeals for the Federal Circuit released a...
How the "New GM" Can Steal from Toyota
Adam Mossoff
Engage Volume 11, Issue 3, December 2010
“What is good for General Motors is good for the nation.” This iconic statement by...
Arizona's Attempt to Enforce Federal Immigration Law: "Force Multiplier," or "Ball and Chain"?
Margaret D. Stock
Engage Volume 11, Issue 3, December 2010
In recent years, as immigration has become a seemingly intractable political issue in the United...
The Amendments to the Americans with Disabilities Act: Bad for Business, Boon for the Disabled?
Karen Harned, Katelynn K. McBride
Engage Volume 11, Issue 3, December 2010
The ADA was designed with a noble mission in mind: “to provide a clear and...
DOJ's Ex-Detainee Lawyers: The Ethics Issue
Edwin D. Williamson, Richard W. Painter
Engage Volume 11, Issue 3, December 2010
One neglected issue in the controversy over the revelation that there are at least nine...
Judicial Disqualification When a Solicitor General Moves to the Bench
Ronald D. Rotunda
Engage Volume 11, Issue 3, December 2010
It has been over forty years since a Solicitor General has moved to the High...
An Abortion Exception to the First Amendment? Evaluating Recent Efforts to Regulate Speech About Pregnancy Options
Mark L. Rienzi
Engage Volume 11, Issue 3, December 2010
Abortion is a highly-charged and intensely-debated issue. Partisans on both sides believe abortion implicates fundamental...