Associate, Jones Day
Shay Dvoretzky specializes in appellate advocacy, complex motions in trial courts, and legal strategy. He has argued before numerous courts, including the U.S. Courts of Appeals for the Second, Sixth, Eighth, Ninth, Eleventh, and District of Columbia Circuits. He has represented Firm clients in the Supreme Court of the United States and in federal and state courts throughout the country. His practice has spanned a wide range of subject areas, including constitutional law, Title VII, ERISA, LMRA, the NLRA, election law and voting rights, intellectual property, securities fraud, RICO, administrative law, products liability, section 1983 claims, energy law, taxation, bankruptcy, and general commercial litigation.
Shay has particular experience in labor and employment law and employment class actions. For example, he has successfully argued appeals involving the vesting of retiree health benefits and the arbitrability of disputes over such benefits after a collective bargaining agreement expires, see Crown Cork & Seal Co. v. International Association of Machinists and Aerospace Workers, __ F.3d __, 2007 WL 2701208 (8th Cir. Sept. 18, 2007); ERISA's anti-cutback and merger rules, see McCay v. Siemens Corp., 2007 WL 2119827 (11th Cir. July 25, 2007); and the denial of certification of a 3,000-member class, see Love v. Johanns, 439 F.3d 723 (D.C. Cir. 2006).
In addition, Shay maintains an active pro bono practice and has represented indigent individuals in numerous cases. For example, in Turner v. Bagley, 401 F.3d 718 (6th Cir. 2005), which Shay argued before the Sixth Circuit, the court of appeals reversed the district court's judgment and granted Jones Day's client a writ of habeas corpus based on constitutional violations related to his state conviction.
Shay regularly speaks and writes on issues including appellate advocacy, the Supreme Court, and employment law. He also serves as the D.C. Circuit editor for the ABA Appellate Practice Journal, frequently judges moot courts for various organizations, and belongs to the Edward Coke Appellate Inn of Court.
Shay joined Jones Day following clerkships on the U.S. Court of Appeals for the Fourth Circuit and the Supreme Court of the United States. Before law school he worked for several years as a management consultant.
Law Clerk to Hon. J. Michael Luttig, U.S. Court of Appeals, Fourth Circuit (2000-2001) and Law Clerk to Hon. Antonin Scalia, Supreme Court of the United States (2001-2002)
Yale University (Phi Beta Kappa; Distinction in the Political Science Major; James Bennett Prize for Outstanding Senior Thesis; B.A. summa cum laude 1995; Coker Fellow; Olin Fellow; Yale Club Scholar; William Wang Prize in Corporate Law; Yale Law Journal; J.D. 2000)
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.
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.
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Associate, Gibson, Dunn & Crutcher LLP
Mr. Tayrani graduated from the Yale Law School in 2003, where he was Executive Editor of The Yale Law Journal. He served as a judicial clerk to the Honorable Diarmuid F. O'Scannlain of the United States Court of Appeals for the Ninth Circuit from 2004 to 2005. Mr. Tayrani earned a B.A. degree summa cum laude in Political Science from California State University, Fullerton. He is licensed to practice in California and the District of Columbia, and before the Supreme Court of the United States and the United States Courts of Appeals for the Fifth, Sixth, Seventh, and Ninth Circuits.
Executive Director of Advocacy, First Liberty Institute
Robert E. Scott Distinguished Professor of Law Emeritus, University of Virginia School of Law; Alice McKean Young Regents Chair in Law Emeritus, University of Texas
Douglas Laycock is perhaps the nation’s leading authority on the law of religious liberty and also on the law of remedies. He has taught and written about these topics for more than four decades at the University of Chicago, the University of Texas, the University of Michigan and the University of Virginia. He retired from teaching at UVA Law School in May 2023.
Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court, where he has served as lead counsel in six cases and has also filed influential amicus briefs. He is the author (co-author in the most recent edition) of the leading casebook Modern American Remedies, the award-winning monograph The Death of the Irreparable Injury Rule and many articles in leading law reviews. He co-edited a collection of essays, Same-Sex Marriage and Religious Liberty.
His many writings on religious liberty have been republished in a five-volume collection:
Laycock resigned from the council and as first vice president of the American Law Institute to become co-reporter for the Restatement (Third) of Torts: Remedies. He is a fellow of the American Academy of Arts and Sciences. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago.
Executive Director, Americans United for Separation of Church and State
Senior Legal Counsel, Alliance Defense fund
Dean and Professor of Law, University of Maryland Francis King Carey School of Law
Principal Attorney, Pacific Legal Foundation
Sharon L. Browne is a principal attorney in Pacific Legal Foundation's Individual Rights Practice group. She is an accomplished trial and appellate lawyer. Her practice focuses on litigation at all court levels to prohibit government from utilizing race or sex based discrimination or preferences in public contracting, employment or education. She was actively involved in Parents Involved in Community Schools v. Seattle School District and Meredith v. Jefferson County, Ky Board of Education as an amicus and sat second chair during oral argument before the United States Supreme Court to assist the attorney arguing on behalf of Crystal Meredith.
Ms. Browne was named a California Lawyer of the Year in 2004 for her achievements in defending and implementing Proposition 209, the California Civil Rights Initiative, which ended race- and sex- based discrimination and preferences in public contracting, public employment, and public education. A few of her cases include Hi-Voltage Wire Works v. San Jose, 24 Cal. 4th 537 (2000), a unanimous judgment of the California Supreme Court interpreting Proposition 209, the voter approved initiative, which amended the California Constitution to prohibit race- and sex-based discrimination and preferences in public education, public employment, and public education; Crawford v. Huntington Beach Union High School District, 98 Cal. App. 4th 1275 (2002), the first case to apply Proposition 209 to K-12 public education; and C & C Construction v. Sacramento Municipal Utility District, 122 Cal. App. 4th 284 (2004), the first case to interpret Proposition 209's federal funding exception.
Of Counsel, Wimberly, Lawson, Steckel, Schneider & Stine P.C.
Elizabeth K. (Betsy) Dorminey is of counsel with the firm. She received a B.A. magna cum laude from the University of Georgia in 1976, a license ès lettres from the Sorbonne in 1978, a J.D. from UGA’s Law School in 1981, and an LL.M. from Columbia in 1984. She clerked for the Hon. Ed Carnes on the U.S. Court of Appeals for the Eleventh Circuit and worked for the U.S. Departments of Justice and Commerce prior to joining the firm. Ms. Dorminey is a member of the State Bars of Georgia, Connecticut, and New York, and is admitted to practice in Federal District and Appellate Courts throughout the Southeast. With Larry Stine and Mark Waschak, she is co-author of “Occupational Safety & Health Law: Compliance and Practice” (Thomson/West 2008). Her practice concentrates in all aspects of employer defense, including but not limited to litigation the Fair Labor Standards Act, Title VII employment discrimination, and occupational safety and health. She is a member of the Executive Committee of the Labor & Employment Practice Group of the Federalist Society, and serves on the Board of the Friends of the Georgia Museum of Art.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Executive Director, Ohio Dental Association
David J. Owsiany is the executive director of the Ohio Dental Association and a past president of the Columbus Lawyers Chapter of the Federalist Society.
He has served as CEO of a statewide health care association, president of the Buckeye Institute, chief of policy for the Ohio Department of Insurance, judicial law clerk for the Illinois Appellate Court, and staffer on the United State Senate Judiciary Committee.
Mr. Owsiany has written dozens of articles on legal and public policy issues for various publications, including the University of Toledo Law Review, the Federalist Society's State Court Docket Watch, Columbus Dispatch, Cincinnati Enquirer, Crain’s Cleveland Business, and Akron Beacon Journal.
Owsiany received his J.D. from Washington University School of Law in St. Louis and B.A. from the University of Michigan in Ann Arbor.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
President, Center for Individual Rights
Todd Gaziano is the President of the Center for Individual Rights. Mr. Gaziano received his J.D. in 1988 from the University of Chicago Law School, where he was a John M. Olin Fellow in Law and Economics. He received his B.A. from West Virginia University, summa cum laude in 1985. He was selected as a Truman Scholar from West Virginia while an undergraduate.
Mr. Gaziano’s previous legal work includes service as a law clerk for U.S. Court of Appeals for the Fifth Circuit Judge Edith Jones, as an attorney in the U.S. Department of Justice Office of Legal Counsel, as a chief subcommittee counsel in the U.S. House of Representatives, as a Houston trial attorney, and as a chief corporate legal officer. He also served a six-year term as commissioner on the U.S. Commission on Civil Rights (2008-2013), where he helped conduct oversight and investigations of civil rights agencies.
For most of the last 25 years, Mr. Gaziano was a legal scholar and public interest law leader, promoting individual liberty in the Supreme Court and Congress. From 1997 to 2013, he was the founding director of the Edwin Meese Center for Legal and Judicial Studies at The Heritage Foundation. From 2014 until he joined CIR, he was the Chief of Legal Policy and Strategic Research, and Director of the Center for the Separation of Powers, at Pacific Legal Foundation.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights, University of North Carolina School of Law
Theodore M. Shaw is the Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights at the University of North Carolina School of Law at Chapel Hill. Professor Shaw teaches Civil Procedure and Advanced Constitutional Law/Fourteenth Amendment. Before joining the faculty of UNC Law School, from 2008-2014 Professor Shaw taught at Columbia University Law School, where he was Professor of Professional Practice. During that time he was also “Of Counsel” to the law firm of Norton Rose Fulbright (formerly Fulbright & Jaworski, LLP). His practice involved civil litigation and representation of institutional clients on matters concerning diversity and civil rights.
Professor Shaw was the fifth Director-Counsel and President of the NAACP Legal Defense and Educational Fund, Inc., for which he worked in various capacities over the span of twenty-six years. He has litigated education, employment, voting rights, housing, police misconduct, capital punishment and other civil rights cases in trial and appellate courts, and in the United States Supreme Court.From 1982 until 1987, he litigated education, housing, and capital punishment cases and directed LDF's education litigation docket. In 1987, under the direction of LDF's third Director-Counsel, Julius Chambers, Mr. Shaw relocated to Los Angeles to establish LDF's Western Regional Office. In 1990, Mr. Shaw left LDF to join the faculty of the University of Michigan Law School, where he taught Constitutional Law, Civil Procedure and Civil Rights. While at Michigan, he played a key role in initiating a review of the law school's admissions practices and policies, and served on the faculty committee that promulgated the admissions program that was upheld by the U.S. Supreme Court in 2003 in Grutter v. Bollinger.
In 1993, Mr. Shaw returned to LDF as Associate Director-Counsel, and in 2004, he became LDF's fifth Director-Counsel. Mr. Shaw's legal career began as a Trial Attorney in the Honors Program of the United States Department of Justice, Civil Rights Division in Washington, D.C., where he worked from 1979 until 1982.
Mr. Shaw has testified on numerous occasions before Congress and before state and local legislatures. His human rights work has taken him to Africa, Asia, Europe, and South America. In addition to teaching at Columbia and at Michigan Law School, Professor Shaw held the 1997-1998 Haywood Burns Chair at CUNY School of Law at Queens College and the 2003 Phyllis Beck Chair at Temple Law School. He was a visiting scholar at the Constitution Center in Philadelphia in 2008-2009. He is a member of the faculty of the Practicing Law Institute (PLI).
Mr. Shaw served on the Obama Transition Team after the 2008 presidential election, as team leader for the Civil Rights Division of the Justice Department.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
SCOTUScast 5-27-09 featuring Shay Dvoretzky
Shay Dvoretzky
Gross v. FBL Financial Services, Inc.
On Tuesday, March 31, 2009, the Supreme Court heard oral argument in Gross v. FBL...
SCOTUScast 5-27-09 featuring Brian Fitzpatrick
Brian T. Fitzpatrick
Fitzgerald v. Barnstable School Committee
On Wednesday, January 21, the Supreme Court announced its decision in Fitzgerald v. Barnstable School...
SCOTUScast 5-22-09 - Caperton Debate
John Shu, Bradley A. Smith, Amir Tayrani
Caperton v. A.T. Massey Coal Company
On Tuesday, March 3, the Supreme Court heard oral argument in Caperton v. A.T. Massey...
Politics in the Pulpit
Benjamin W. Bull, Steffen N. Johnson, Douglas Laycock, Barry W. Lynn, Erik Stanley, Donald B. Tobin
Religious Liberties Practice Group and The Alliance Defense Fund
In 1954, Senator Lyndon B. Johnson of Texas introduced legislative language that changed the IRS...
SCOTUScast 5-21-09 featuring Sharon Browne
Sharon L. Browne
Northwest Austin Municipal Utility District Number One v. Holder
On Wednesday, April 29, 2009, the Supreme Court heard oral argument in Northwest Austin Municipal...
SCOTUScast 5-20-09 featuring Betsy Dorminey
Elizabeth K. Dorminey
AT&T v. Hulteen
On Monday, May 18, the Supreme Court announced its decision in AT&T v. Hulteen. In...
The Proposed Local Law Enforcement Hate Crimes Prevention Act of 2009 (H.R. 1913)
Gail L. Heriot
New Federal Initiatives Project
Brought to you by the Civil Rights Practice Group The proposed Local Law Enforcement Hate Crimes...
The Rise and Fall of Lead Paint Litigation in Ohio
David J. Owsiany
State AG Tracker Vol. 1, No. 1, 2009
Over the last four years, Ohio has experienced a significant amount of activity related to...
Civil Rights in the Age of Obama
Roger B. Clegg, Todd F. Gaziano, Gail L. Heriot, Jocelyn Samuels, Theodore M. Shaw
Civil Rights Practice Group and The Heritage Foundation
Some of President Obama’s admirers and detractors have suggested that his election as President and...
Executive Order Concerning Regulatory Planning and Review
Susan E. Dudley
New Federal Initiatives Project
Brought to you by the Administrative Law & Regulation Practice GroupEvery president since Ronald Reagan has relied...