Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Partner, Jones Day
Kevin Marshall provides clients analysis, strategy, and advocacy involving novel or complex legal issues, particularly in white collar and other compliance matters and in civil litigation arising out of criminal matters or alleged fraud. This includes appeals, dispositive and other critical motions, and prelitigation analyses.
Kevin oversaw trial and appellate briefing, and argued on appeal, in the successful defense of lawsuits arising out of the wiretapping prosecution of a private investigator who had served Jones Day's clients. He also has overseen briefing of, and successfully argued, motions for R.J. Reynolds in connection with arbitration under the Federal Arbitration Act, and the partial settlement, of billion dollar disputes with states under the Master Settlement Agreement. His assistance with investigations and related litigation has included the Foreign Corrupt Practices Act, false claims acts, RICO, civil and criminal fraud, reckless manslaughter, and the intersection of products liability and bankruptcy. Kevin was part of the team representing the National Federation of Independent Business in challenging the constitutionality of the Patient Protection and Affordable Care Act before the Eleventh Circuit and U.S. Supreme Court. He also has advised on and briefed issues under the Consumer Product Safety Improvement Act (CPSIA).
Before joining Jones Day, Kevin was a deputy assistant attorney general in the U.S. Department of Justice's Office of Legal Counsel. He provided authoritative written legal opinions and other legal advice, throughout the executive branch, on the Constitution, treaties, international law including the law of war, and federal statutes and regulations. He also testified three times before Congress.
Maurice A. Deane Distinguished Professor of Constitutional Law and Faculty Director of International Programs, Hofstra University School of Law
Professor Ku’s primary research interest is the relationship of international law to constitutional law. He has also conducted academic research on a wide range of topics including international dispute resolution, international criminal law, and China’s relationship with international law. He teaches courses such as U.S. constitutional law, U.S. foreign affairs law, transnational law, and international trade and business law. Since 2014, he has served as the faculty director of international programs, overseeing Hofstra Law’s study abroad, exchange and LL.M. programs. Professor Ku also teaches Constitutional Law in our online degree programs: Master of Laws in American Law and Master of Arts in American Legal Studies. He has also been selected as the John DeWitt Gregory Research Scholar and as a Hofstra Law Research Fellow. He is a member of the American Law Institute.
He is the co-author, with John Yoo, of Taming Globalization: International Law, the U.S. Constitution, and the New World Order (Oxford University Press 2012). He also has published more than 40 law review articles, book chapters and symposia essays. He has given dozens of academic lectures and workshops at major universities and conferences in the United States, Europe and Asia.
He co-founded the leading international law weblog Opinio Juris, which is read daily by thousands worldwide. His essays and op-eds have been published in major news publications such as the Wall Street Journal, the Los Angeles Times, and the NYTimes.com. He has been frequently interviewed for television news programs and quoted in print and electronic media. He has also signed or submitted amicus briefs to national and international courts and served as an expert witness in both domestic and international proceedings.
Before joining the Hofstra Law faculty, Professor Ku served as a law clerk to the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and as an Olin Fellow and Lecturer in Law at the University of Virginia Law School. Professor Ku also practiced as an associate at the New York City law firm of Debevoise & Plimpton, specializing in litigation and arbitration arising out of international disputes. He has been a visiting professor at the College of William & Mary Marshall- Wythe School of Law in Williamsburg, Virginia; a Fulbright Distinguished Lecturer in Law at East China University of Political Science and Law in Shanghai, China; and a Taiwan Fellow at National Taiwan University in Taipei, Taiwan. He is a member of the New York Bar and a graduate of Yale College and Yale Law School.
Former Director (consultant), International Affairs, The Federalist Society
From 2005 to 2025, Jim Kelly served on a consulting basis as the Federalist Society’s Director of International Affairs, responsible for outreach to law students, lawyers, and judges in Canada, Europe, and Israel. From 2005 to 2008, he served on the U.S. National Commission to UNESCO, and as Chairman of its Social and Human Sciences Committee. From 2001 to 2008, he served as an official U.S. delegate to five international human rights conferences. In 2019, the U.S. State Department appointed Jim to serve as one of the two U.S. members on the European Commission for Democracy through Law (the “Venice Commission”). In 2020, the State Department named him as an expert to the OSCE Moscow Mechanism. In March 2022, he initiated Ukraine’s consideration and use of the Moscow Mechanism to conduct the first official international investigation of the Russia-Ukraine conflict, which resulted in the Report on Violations of International Humanitarian and Human Rights Law, War Crimes and Crimes Against Humanity Committed in Ukraine (1 April – 25 June 2022). Jim is the Founder of, and Director of Research for, Global Governance Watch, a web-based project that monitors the global governance activities of the UN’s sustainable development and ESG agenda. In 2022, in connection with his position as a Lecturer at the Busch School of Business at Catholic University of America, he authored Evolution of Business, Human Rights, & ESG, consisting of 28 one-hour presentations about the technocratic, anti-democratic, anti-capitalist, and religious nature and practices of the ESG movement. Jim is Founder and President of Solidarity Center for Law and Justice, P.C., which, since 2001, has filed amicus curiae briefs in five landmark U.S. Supreme Court educational and religious liberty cases. He is the Founder and General Counsel of the Georgia GOAL Scholarship Program, Georgia’s largest K-12 tuition tax credit scholarship program, which, since 2008, has awarded scholarships worth $224.3 million to 21,744 students for use at the accredited private K-12 schools of their choice. He has served on the Georgia Judicial Nominating Commission and Georgia Board of Juvenile Justice. In 2005, he authored Christianity, Democracy, and the American Ideal, a collection of the writings of the French-Catholic philosopher, Jacques Maritain. Jim earned his BBA and Law degrees from the University of Georgia. He also earned a Master of Taxation degree from Georgia State University, a Master of Non-Profit Management degree from Regis University, and a Master of International Relations degree from Salve Regina University. Jim and his wife, Lisa, reside in the Atlanta area.
Staff Attorney, National Right to Work Legal Defense and Educati, Inc.
Adjunct Professor, University of Mary Washington, College of Graduate and Professional Studies, 2008-present; Foundation Law Clerk, 2006; Researcher, Ave Maria School of Law, 2004-06; Legal Intern, Dugan McKissick Wood & Longmore, Lexington Park, Md., 2005; Legal Intern, Federalist Society, Washington, DC, 2004; Senior Associate Lobbyist, High Park Advocacy Group, Toronto, Canada, 2001-03; Teacher, Dulwich College, London, England, 1999-2000. Bar Admissions: Maryland, 2006; Virginia, 2008; District of Columbia, 2011; U.S. Supreme Court. Law School: Ave Maria School of Law, J.D., 2006. College: King's College London, Post Graduate Degree in Education, 1999; Gregorian University, Bachelor of Philosophy, summa cum laude, 1994. Member: Federalist Society.Publications: "Organized Labor’s International Law Project? Transforming Workplace Rights into Human Rights" ENGAGE, Feb. 2008, at 98.
Andrew P. Morriss is Dean and Anthony G. Buzbee Dean's Endowed Chairholder at Texas A&M School of Law and a member of the Board of Advisors for the Center on Culture and Civil Society at the Independent Institute. He is also a Research Fellow at the Center for Labor and Employment Law at New York University; Senior Fellow at the Property & Environment Research Center; Senior Scholar at the Mercatus Center at George Mason University; and a regular Visiting Professor at Universidad Francisco Marroquín, in Guatemala. Prior to coming to the University of Illinois, he served as Galen J. Roush Professor of Business Law and Regulation at Case Western Reserve University.
He received his A.B. degree from Princeton University, his J.D. and a masters degree in public affairs from the University of Texas at Austin, and his Ph.D. (economics) from the Massachusetts Institute of Technology. After law school he clerked for U.S. District Judge Barefoot Sanders in the Northern District of Texas and worked for two years at Texas Rural Legal Aid in Hereford and Plainview, Texas.
Professor Morriss is the author or coauthor of more than forty book chapters and scholarly articles, and he is the co-editor of Cross-Border Human Resources, Labor and Employment Issues: Proceedings of the New York University 54th Annual Conference on Labor (with Samuel Estreicher); Property Stories (with Gerald Korngold); and The Common Law and the Environment (with Roger Meiners). He is the author of the book, Regulation by Litigation (with Bruce Yandle and Andrew Dorchak), and he also regularly writes for The Freeman: Ideas on Liberty and Books & Culture: A Christian Review.
Professor Morriss was recently named one of the Reporters for the Restatement of Employment Law by the American Law Institute (ALI), Senior Fellow for the Institute for Energy Research, and a Reporter for the Restatement of Employment Law by the American Law Institute.
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.
Wisconsin Poll
Topline Data Statewide Survey of 500 Likely Voters in Wisconsin
Everyone's Business: Emerging Issues in the Wisconsin Supreme Court
Rick M. Esenberg
The purpose of this paper is not to rehearse the arguments that I made last...
SCOTUScast 3-24-08 featuring Kevin Marshall
C. Kevin Marshall
District of Columbia v. Heller
On March 18 2008 the Court heard oral argument in District of Columbia v. Heller....
SCOTUScast 3-24-08 featuring Andy Grewal
Boulware v. United States
On March 3, 2008 the Court decided the case of Boulware v. United States. The...
Keeping the Courthouse Door Open for International Law Claims Against Corporations: Rethinking Sosa
Julian Ku
In its 2004 decision Sosa v. Alvarez-Machain, the Supreme Court seemed to resolve the long-standing...
Finding Terrorist Needles: The Automated Targeting System
Seth Stodder
On any given day, U.S. Customs and Border Protection (CBP), the agency within the Department...
The Matrix of Human Rights Governance Networks
James P. Kelly
Twenty years ago, no reasonable person could have successfully argued that it was possible for...
Organized Labor's International Law Project? Transforming Workplace Rights into Human Rights
Matthew C. Muggeridge
For more than half a century, large U.S. labor unions, alone or in concert with...
Regulation by Litigation
Bruce Yandle, Andrew P. Morriss, Andrew Dorchak
For over a century, government regulation has largely taken one of two paths. Some agencies...
When Marks Misses the Mark: A Proposed Filler for the "Logical Subset" Vacuum
Damien Michael Schiff
The discernment of the holding, or ratio decidendi, of a case can be exceedingly difficult...