Senior Attorney, Pacific Legal Foundation
David (Dave) Breemer developed a passion for liberty while reading classics such as John Locke’s Two Treatises of Government and Thomas Paine’s The Rights of Man, as he pursued a Master’s Degree in American Political Theory at University of California, Davis. During this time, Dave began to believe that individual freedom and choice is a God-given and inviolable gift that cannot be taken away through governmental power.
Dave then traveled throughout North America for several years as an adventure tour guide, discussing American ideas of freedom with groups of young people form Europe, Australia, and Japan while rafting, skydiving, and hiking in places like Monument Valley, Las Vegas, and Alaska.
In 1998, Dave went to law school at the University of Hawaii where he studied and co-authored several property rights-oriented law reviews with Professor David L. Callies, a noted land use authority. In 2001, Dave graduated summa cum laude from law school, second in his class, and returned to California to work as an attorney for PLF.
Since joining PLF, Dave has worked as an attorney in PLF’s property rights group. In that capacity, he has litigated numerous federal and state court cases vindicating constitutional rights, particularly those related to the ability to use and enjoy private property. Examples include: Knick v. Township of Scott, U.S. Supreme Court No. 17-647; MVA v. Minnesota, U.S. Supreme Court, No. 16-1435; Levin v. City and County of San Francisco, 71 F. Supp. 3d 1072 (N.D. Cal., 2014); Sansotta v. Town of Nags Head, 724 F.3d 533 (4th Cir. 2013); Severance v. Patterson, 390 S.W.3d 705 (Tex. 2012); Severance v. Patterson, 566 F.3d 490 (5th Cir. 2009); Crown Point Dev., Inc. v. City of Sun Valley, 506 F.3d 851 (9th Cir. 2007).
In his time at PLF, Dave has also written many law review articles about the Supreme Court’s property rights jurisprudence. He continues to believe that property rights are vital to securing other rights—such as privacy, self-expression, and financial freedom—and as a result, he continues to be passionate about securing the right to use and enjoy property for all Americans in the courts of this nation.
William D. Warren Professor of Law, UCLA School of Law
Stephen Bainbridge is the William D. Warren Distinguished Professor of Law at UCLA School of Law, where he currently teaches Business Associations, Advanced Corporation Law, and Mergers and Acquisitions. In past years, he has also taught Corporate Finance, Securities Regulation, Unincorporated Business Associations and Catholic Social Thought and the Law. Professor Bainbridge previously taught at the University of Illinois Law School (1988-1996). He has also taught at Harvard Law School as the Joseph Flom Visiting Professor of Law and Business (2000-2001), and as a visiting professor at La Trobe University in Melbourne (2005 and 2007) and at Aoyama Gakuin University in Tokyo (1999).
In 2008, Bainbridge received the UCLA School of Law's Rutter Award for Excellence in Teaching. In 1990, the graduating class of the University of Illinois College of Law voted him "Professor of the Year."
Professor Bainbridge is a prolific scholar, whose work covers a variety of subjects, but with a strong emphasis on the law and economics of public corporations. He has written over 100 law review articles which have appeared in such leading journals as the Harvard Law Review, Virginia Law Review, Northwestern University Law Review, Cornell Law Review, Stanford Law Review, and Vanderbilt Law Review. Bainbridge has also written 19 books, including seven in multiple editions. His most recent books include: Outsourcing the Board: How Board Service Providers Can Improve Corporate Governance (Cambridge University Press, 2018) (with M. Todd Henderson); Business Associations: Cases and Materials on Agency, Partnerships, and Corporations (Foundation Press, 10th ed., 2018) (with Klein and Ramseyer); Mergers and Acquisitions: A Transactional Perspective (Foundation Press, 2017) (with Iman Anabtawi).
According to Gregory Sisk and Brian Leiter’s rankings of law professors by scholarly impact, Professor Bainbridge was the third most-frequently cited scholar in corporate and securities law for the period 2013-2017. According to Hein Online, Bainbridge is the 29th most frequently cited scholar in their database of legal publications over the last 10 years and the 23rd most cited for the period January 2018 through August 2019. In SSRN.com’s ranking of the top 3000 legal authors by all-time downloads, Bainbridge is ranked 10th. By that metric, he is the highest ranked member of the UCLA law school faculty. In SSRN.com’s ranking of the top 3000 legal authors by all-time citations to their work, Bainbridge is ranked 55th. By that metric, he is the second highest ranked member of the UCLA law school faculty.
Professor Bainbridge has been a Salvatori Fellow with the Heritage Foundation, a member of the American Bar Association’s Committee on Corporate Laws, a member of the Editorial Advisory Board of the Journal of Markets and Morality, and Chair of the Executive Committee of the Federalist Society’s Corporations, Securities & Antitrust Practice Group.
In May 2014, Professor Bainbridge was the Cameron Fellow at the University of Auckland Faculty of Law. He was the Francis G. Pileggi Distinguished Lecturer in Law at Widener University School of Law in September 2005, and a Distinguished Visiting Scholar at the University of Maryland School of Law in November 2005.
In 2008, 2011, and 2012, Professor Bainbridge was named by the National Association of Corporate Directors' Directorship magazine to its list of the 100 most influential people in the field of corporate governance.
His blog, ProfessorBainbridge.com, was named by the ABA Journal as one of the Top 100 Law Blogs of 2007, 2008, 2010, 2011, and 2012.
Partner, Barr & Klein PLLC
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.
Senior Attorney, DC, Pacific Legal Foundation
Steve Simpson joined PLF in 2019 to head up its Separation of Powers practice group.
Steve’s career in public interest law started at the Institute for Justice in 2001, where he litigated free speech, campaign finance, and economic liberty cases. Among other high-profile cases in which Steve was involved, he was co-counsel in Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, IJ’s successful Supreme Court challenge to Arizona’s public financing law for political campaigns. He was the lead litigator in SpeechNow.org v. FEC, a joint effort between IJ and the Institute for Free Speech that led to the creation of super PACs. And he was co-counsel in Swedenburg v. Kelly, IJ’s successful Supreme Court challenge to New York’s ban on the interstate shipping of wine.
In 2013, Steve moved into the policy arena as the Ayn Rand Institute’s director of Legal Studies, where he spent five years writing and speaking on a wide variety of legal and cultural issues. From there, he moved back into law as senior litigation counsel at the New Civil Liberties Alliance in Washington, D.C.
Steve has spoken and written on a wide variety of legal and policy issues. He has testified in Congress and briefed congressional staffers. He has been interviewed on scores of television and radio programs, including PBS News Hour, Stossel, and The Rubin Report. His writings have appeared in many publications, including The Wall Street Journal and The Washington Post. In 2014, Steve was a Lincoln Fellow at the Claremont Institute. He is the editor of Defending Free Speech (ARI Press, 2016).
Steve earned his law degree magna cum laude from New York Law School in 1994. Following law school, he clerked for a federal district judge in the Southern District of Florida and spent several years as a litigator at Shearman & Sterling.
When he’s not at work or spending time with his wife and three daughters, Steve can usually be found mucking around in the woods at his cabin on Shenandoah Mountain.
Partner, Barr & Klein PLLC
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.
Partner, Crowell & Moring LLP, Crowell & Moring LLP
Trevor K. Copeland is a partner in the law firm of Crowell & Moring LLP (formerly Brinks Gilson & Lione PC).
His patent prosecution experience includes work on medical devices, sunglasses, footwear, sprinklers and irrigation equipment, decorative statuary and water gardens, biotechnology and general mechanical arts. He works closely with clients having products in these areas to develop intellectual property acquisition and management strategies, as well as to protect new ideas and products while respecting the rights of others.
Mr. Copeland's further practice includes design protection, whereby clients are able to protect the unique and valuable ornamental designs of their products using patent, copyright, and/or trademark. He has also litigated utility patents on clients' behalf, and has worked on preliminary injunction lawsuits for both design and utility patents, including winning a preliminary injunction against a foreign company preparing to launch an infringing laser-level device with a suction base.
Mr. Copeland has former experience as a high school biology and chemistry teacher, and as a visiting scientist with a Fungal Biochemistry and Molecular Genetics Laboratory Group.
Professor of Law, Southern Illinois University School of Law
Professor Mark F. Schultz joined the faculty in 2003. He teaches and writes primarily in the area of intellectual property.
Professor Schultz is a frequent author and speaker known for his work on the law and economics of the global intellectual property system. In one of his most influential projects, he worked with the Organization for Economic Cooperation and Development (OECD) to construct a groundbreaking global trade secret protection index (the TSPI). The TSPI is influencing policy discussions on this cutting-edge topic in capitals around the world. Other recent projects have included an empirical study that quantified for the first time the backlogs in patent offices worldwide, a report on how patented innovation is meeting global health challenges, and the construction of a new global index of copyright strength.
Professor Schultz is an influential voice in public policy debates regarding intellectual property. He has testified before the U.S. Congress on copyright law at the invitation of the House Judiciary Committee and has briefed the staff of the U.S. Senate Judiciary Committee on trade secret legislation. He speaks frequently around the world about the connection between secure and effective intellectual property rights and flourishing national economies and individual lives, with invitations from the U.S. Patent and Trademark Office, the U.S. Trade Representative, and the U.S. Copyright Office, as well as numerous academic institutions, think tanks, and industry groups. He served as an NGO delegate to the World Intellectual Property Organization (WIPO) for several years during the WIPO Development Agenda talks. He is also one of the organizers of an ongoing multilateral diplomatic dialogue on best practices in national trade secret laws, and is co-founder of the Center for Protection of Intellectual Property (CPIP) at George Mason University in Washington, D.C.
Among the awards and recognition he has received for his scholarship was the School of Law's Outstanding Scholar of the Year award in 2008. He has been a distinguished visiting scholar at the University of Botswana and a visiting professor at DePaul University College of Law.
Professor Schultz graduated with honors from the George Washington University School of Law. Following law school, he was a judicial clerk for the Hon. Daniel M. Friedman of the United States Court of Appeals for the Federal Circuit in Washington, D.C., and the Hon. Eric G. Bruggink of the United States Court of Federal Claims. Prior to joining academia, he practiced law for a decade, serving as outside general counsel to several tech startups and helping technology companies to expand their businesses and commercialize their intellectual property in dozens of countries. He holds a B.A. in International Economics from George Washington University and has done PhD level coursework in development economics at Southern Illinois University.
He is active in leadership roles in local and national organizations. He has served as chair of the Federalist Society's Intellectual Property Practice Group and the AALS Section on Internet and Computer Law. He is an officer of the American Bar Association's International IP Committee of the International Law Section and the American Intellectual Property Law Association’s Trade Secret Law Committee. He currently is chair of the Academic Advisory Board of the Copyright Alliance.
Professor Schultz teaches Copyright Law, Trade Secret Law, Trademark Law, and a senior seminar on Intellectual Property and Global Development. He established and directs both the Specialization in Intellectual Property Law and the IP Semester in Practice Externship Program. He also co-founded a Legal Globalization Class, offered every other year, that takes students to South Africa and Botswana after spending a semester learning about the legal system, culture, history, and politics of southern Africa. The popular course is a once-in-a-lifetime experience that introduces students to leading lawyers, judges, government officials, and human rights advocates, taking them from Cape Town to Johannesburg to Gaborone as well as many popular destinations including game reserves, national parks, the Cape of Good Hope, and the Cradle of Humankind.
Ripening Federal Property Rights Claims
J. David Breemer
The Fifth Amendment to the United States Constitution provides that “private property [shall not] be...
The Supreme Court and the Judicial Takings Doctrine
Steven Geoffrey Gieseler, Nicholas M. Gieseler
This Fall, the United States Supreme Court will hear arguments in Stop the Beach Renourishment...
The Stop Trading on Congressional Knowledge Act
Stephen Bainbridge
Over time, nobody beats the market. This basic premise of efficient capital markets theory has...
The Financial Reform Plan: What It Means for Insurance Companies
Laura M. Kotelman
On June 17, 2009, the U.S. Treasury Department released the Obama Administration’s framework for financial...
A Cold Breeze in California: ProtectMarriage Reveals the Chilling Effect of Campaign Finance Disclosure on Ballot Measure Issue Advocacy
Stephen R. Klein
On November 4, 2008, the election of President Obama coincided with the passage of Proposition...
Attack Ballot Issue Disclosure Root and Branch: Comment on A Cold Breeze in California: ProtectMarriage Reveals the Chilling Effect of Campaign Finance Disclosure on Ballot Measure Issue Advocacy
Steve Simpson
For years, the lower federal and many state courts have given short shrift to the...
Rebuttal to Steve Simpson's Response to A Cold Breeze in California: ProtectMarriage Reveals the Chilling Effect of Campaign Finance Disclosure on Ballot Measure Issue Advocacy
Stephen R. Klein
I have had the opportunity to consider First Amendment associational privacy and anonymity in greater...
Politics for Professionals Only: Ballot Measures, Campaign Finance "Reform," and the First Amendment
John K. Ross, Dick M. Carpenter, Jeffrey Milyo
When Scott Eckern donated money to an election committee, little did he know that it...
Qui-tam-osaurus, the Statutory Dinosaur: Evolution or Extinction for the Qui Tam Patent False Marking Statute?
Trevor K. Copeland, Laura A. Lydigsen
Get rich quick! Sue for fun and profit! Sound like a hoax? Only time will...
Nashville in Africa: Intellectual Property Law, Creative Industries, and Development
Alec Gelder, Mark F. Schultz
Engage Volume 10, Issue 3, November 2009
Nashville, Tennessee, was once a struggling city in one of the poorest regions of the...