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.
President, Society for the Rule of Law
George T. Conway III has been a partner in the Litigation Department of Wachtell, Lipton, Rosen & Katz since January 1994. He joined the firm in September 1988. His litigation experience has included a variety of high-profile matters spanning many areas of law in federal and state courts throughout the country. He has extensive experience in securities litigation, mergers and acquisitions litigation, contract litigation, antitrust litigation, and other litigation, both at the trial and appellate levels.
In the area of securities litigation, he recently briefed and argued the case for respondents in Morrison v. National Australia Bank, in which the Supreme Court of the United States held that Section 10(b) of the Securities Exchange Act of 1934 does not apply extraterritorially to claims of so-called "foreign-cubed" plaintiffs -- foreign investors who purchased securities of foreign issuers on foreign exchanges. He also recently argued and won a precedent-setting motion to dismiss so-called "foreign-squared" claims against European Aeronautic Defence & Space Co. brought by American plaintiffs who purchased that foreign company's shares on foreign exchanges.
Mr. Conway also recently argued and won an important appeal under the Visual Artists Rights Act of 1990 on behalf of the Swiss installation artist Christoph Büchel in the artist’s highly publicized dispute with the Massachusetts Museum of Contemporary Art. He also successfully represented the Chief Judge of the State of New York and the New York Unified Court System in historic constitutional litigation over the State of New York’s extended failure to adjust judicial salaries. Mr. Conway also played a substantial role in the successful defense of Kenneth Langone’s Invemed Associates in a disciplinary proceeding before the NASD (now FINRA) that resulted in what the New York Times called a "withering," "high-profile defeat" for the regulators.
Mr. Conway’s work in mergers and acquisitions litigation includes the representation of Rohm and Haas Co. and ADVO, Inc., in, respectively, Rohm and Haas v. Dow Chemical Co., and Valassis Communications v. ADVO, two Delaware Chancery Court cases involving claims to enforce merger agreements, as well as two historic cases in the development of Delaware corporate law governing mergers and acquisitions, QVC v. Paramount Communications and Paramount Communications v. Time Inc. and Warner Communications, in addition to many other cases involving contests for corporate control in the Delaware courts and elsewhere over the past two decades.
In addition, Mr. Conway played a substantial role in prosecuting one of the most prominent defamation cases in recent memory (Philip Morris v. American Broadcasting Cos.). He has extensive experience in merger-related private antitrust litigation and government antitrust investigations, including the defense of Cardinal Health in the preliminary injunction proceedings before the United States District Court for the District of Columbia in FTC v. Cardinal Health. He also represented the National Football League in trademark and antitrust litigation against the Dallas Cowboys in NFL Properties v. Dallas Cowboys Football Club. His pro bono work includes his successful representation in the Second Circuit of crime victims and public-interest groups as amici curiae in opposing claims that federal law requires the State of New York to allow felons to vote while still incarcerated.
Mr. Conway is a graduate of Harvard College, where in 1984 he received an A.B. magna cum laude in biochemical sciences. He received his J.D. in 1987 from Yale Law School, where he was an editor of the Yale Law Journal. In 1987 and 1988, he served as a law clerk to Circuit Judge Ralph K. Winter, Jr. of the United States Court of Appeals for the Second Circuit.
Professor of Law and Jamie L. Whitten Chair in Law and Government, University of Mississippi School of Law
Christopher Green (https://law.olemiss.edu/faculty-directory/christopher-green/) is Professor of Law and Jamie L. Whitten Chair in Law and Government at the University of Mississippi, where he has taught since 2006. He is a graduate of Princeton University and Yale Law School, and has a PhD in philosophy from the University of Notre Dame. He clerked for Judge Rhesa H. Barksdale on the Fifth Circuit and is the author of Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause (2015) and a large number of articles and essays on constitutional theory and the Fourteenth Amendment, including the two-part Original Sense of the (Equal) Protection Clause and Clarity and Reasonable Doubt in Early State-Constitutional Judicial Review. He is an affiliated scholar with the University of San Diego Center for the Study of Constitutional Originalism.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
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.
Dan Schweitzer is the Director and Chief Counsel of the National Association of Attorneys General’s Center for Supreme Court Advocacy. Since joining NAAG in February 1996, his principal responsibility has been to assist state appellate litigators who appear before the United States Supreme Court. Toward this end, Mr. Schweitzer organizes and participates in moot courts, edits about 20 state briefs filed each year in the Court, edits the biweekly Supreme Court Report, and provides strategic and technical assistance to state Attorney General offices. Prior to joining NAAG, Mr. Schweitzer was a litigator at a private law firm. He is a graduate of the University of Pennsylvania (B.A. 1986) and Harvard Law School (J.D. 1989).
Among Mr. Schweitzer’s publications are How to Write a Successful Brief in Opposition: A Guide for State Lawyers (NAGTRI 2019); How to Write a Successful Cert Petition: A Guide for State Lawyers (NAGTRI 2019); U.S. Supreme Court Brief Writing Style Guide, 19 J. of App. Practice & Process 129 (2018); The Law of Preemption (NAGTRI 2011); Frustrated with Preemption: Why Courts Should Rarely Displace State Law Under the Doctrine of Frustration Preemption, 65 N.Y.U. Annual Survey of American Law 585 (2010) (with Kevin O. Leske); and Fundamentals of Preparing a United States Supreme Court Amicus Brief, 5 J. of App. Practice & Process 523 (2003).
Mr. Schweitzer is a Master in the Edward Coke Appellate Inn of Court and on the Advisory Board of the Georgetown University Law Center’s Supreme Court Institute.
Independent Analyst, None
Allison Hayward most recently served as the Head of Case Selection at the Oversight Board. Previously, she was a Commissioner at the California Fair Political Practices Commission, a Board Member at the Office of Congressional Ethics, and an Assistant Professor of Law at George Mason University School of Law. She also previously worked as Chief of Staff and Counsel in the office of Federal Election Commission Commissioner Bradley A. Smith and practiced election law in California and in Washington DC.
In 1994-1995, Professor Hayward was a judicial clerk for the Honorable Danny J. Boggs, United States Court of Appeal for the Sixth Circuit.
She is a member of the State Bar of California and the District of Columbia Bar.
Partner, FisherBroyles LLP
Paul Beard II is an environmental and land-use partner with FisherBroyles LLP.
Attorney Specializing in Government Relations
Alec D. Rogers is an attorney specializing in government practice and policy in Washington, DC.
A graduate of James Madison College at Michigan State University and the University of Michigan Law School, he practiced law for several years before spending over a decade on Capitol Hill as a staffer to various Members and Committees.
He has reviewed books for the Washington Times, Hardball Times, The Journal of the American Revolution, and The Weekly Standard, and writes on legal matters in Engage, an online publication of the Federalist Society.
Is There Anything "Fundamental" in the Right to Keep and Bear Arms? A Call for Parity in the Incorporation Doctrine
With the District of Columbia v. Heller decision set to arrive sometime in the summer of...
The Equal Rights Amendment: Back for an Encore Performance?
Gail L. Heriot
The ERA is back—or, at least, so we are told. On March 27, 2007, a...
The Rise and (Coming) Fall of "F-Cubed" Securities Litigation
George T. Conway, George ConwayI
With increasing frequency, the plaintiffs’ bar has been filing what are being called “f-cubed” securities...
The Food-Chain Issue for Corporate Punishment: What Criminal Law and Punitive Damages Can Learn from Each Other
Christopher R. Green
At the end of this month, the Supreme Court will hear arguments in Exxon v....
Property Rights in the Ninth Circuit and Beyond
Damien Michael Schiff, Elizabeth A. Yi, J. David Breemer
Under modern constitutional law, rights in real property are protected principally by the Just Compensation...
The Different Approaches of Chief Justice Roberts and Justice Alito on the Scope of State Power
Dan Schweitzer
In their first full term together on the Supreme Court, Chief Justice John Roberts and...
State Voter ID Requirements and the Constitution
Allison R. Hayward
Most likely because it is an election year, the argument in Crawford v. Marion County...
California Court Broadens Student Speech Protections in Public Schools
Paul J. Beard
For decades California has been a leader in protecting the free speech rights of students...
Google's Book Project
David McGowan
Is it better to ask forgiveness than permission? Google believes so. Its agents are copying...
Major League Baseball Advanced Media Whiffs in Federal Court: The Right of Publicity and the First Amendment Collide on the Base Paths
Alec D. Rogers
In recent decades, Major League Baseball has made great strides in developing its business operation....