Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Partner, Hunton Andrews Kurth
A co-leader of Hunton Andrews Kurth’s environmental practice, Deidre is lauded in Chambers USA, 2016 as “extremely capable,” “very familiar with the regulations and agencies,” and excels at giving clients “good insight into getting an expeditious outcome.” Her practice focuses exclusively on environmental, energy and administrative law.
Deidre represents clients on permitting, compliance and litigation relating to the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA) and other environmental statutes. She frequently counsels clients on administrative rulemaking and policy, providing regulatory clarifications when necessary, and drafting federal and state legislation on myriad intricate issues. She is also well known for negotiating and obtaining permits for complicated energy and development projects. Her clients include development companies, oil and natural gas pipelines, electric utilities, agricultural interests, state and local agencies, and various trade associations.
Prior to entering private practice, Deidre served as assistant general counsel of the Army at the Pentagon, advising the secretary of the Army on environmental and land use issues involving the Corps of Engineers’ Civil Works and section 404 Regulatory program, as well as the Base Realignment and Closure (BRAC) program. Deidre has extensive experience with federal regulatory agencies, military departments and the US Department of Justice.
Chairman and Partner, Earth & Water Law Group
Earth & Water Group Founder, Brent Fewell, has over 25 years of experience in public policy, advocacy, and environmental law.
As an environmental lawyer and former corporate executive and senior U.S. EPA official in EPA’s Offices of Water and Congressional and Intergovernmental Relations, Brent brings a wealth of knowledge and unique perspective to his clients in navigating the regulatory and political arenas in Washington DC. As a highly regarded thought leader on environmental policy and governance matters, his counsel and opinions are sought out by corporate and government leaders around the globe. Brent brings unparalleled energy and passion to the issues in a way that few do to help his clients navigate in an increasingly complex and nuanced regulatory environment.
Brent received his B.S. in Wildlife Management from the University of Maine (high distinction), a Masters in Environmental Management from Duke University, and J.D. from Duquesne University School of Law. (Licensed in PA and DC)
Vice President for Legal Affairs, Goldwater Institute
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).
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
Associate Dean for Faculty Development; Diane and M.O. Miller II Research Professor of Law, University of Notre Dame Law School
Randy Kozel joined the Law School faculty in 2011. He was named the Distinguished Teacher of the Year by the Class of 2014. He also directs the Notre Dame Program on Constitutional Structure.
Kozel teaches and researches in fields including constitutional law, federal courts, information privacy, and contract law, with a particular focus on the role of precedent in legal decision making. His recent scholarship exploring the connection between precedent and interpretive philosophy has been published or is forthcoming in journals including the Northwestern University Law Review, the Michigan Law Review, the California Law Review, the Vanderbilt Law Review, and the Texas Law Review. His book, entitled Settled Versus Right: A Theory of Precedent, makes the case for using precedent to bridge interpretive disagreements.
Kozel received his J.D., magna cum laude, from Harvard Law School, where he was the Articles Committee Chair of the Harvard Law Review. He served as a law clerk for U.S. Supreme Court Justice Anthony M. Kennedy and for Judge Alex Kozinski at the U.S. Court of Appeals for the 9th Circuit. He has also practiced as a litigator with a large law firm and as Special Counsel to the General Counsel at General Electric Company.
Managing Attorney of the Washington Office, Institute for Justice
William R. Maurer is the Managing Attorney of the Washington state office of the Institute for Justice, which engages in litigation in the areas of economic liberty, private property rights, educational choice, & freedom of speech.
Maurer is an advocate against the criminalization of poverty and the governmental use of the criminal and civil enforcement systems to raise revenue. He was lead counsel in a class action challenging the use of tickets to raise revenue in the city of Pagedale, Missouri. The suit resulted in a federal consent decree that reformed the city’s ticketing and municipal court system. He regularly speaks, teaches, and writes about the abuse of fines and fees in the criminal justice system. He was a participant in summits on taxation by citation put on by the White House and Department of Justice during the Obama Administration. His work on the issue includes serving as an advisory board member of the Fines and Fees Justice Center.
In addition to his work on criminal and civil justice reform, Maurer is a First Amendment litigator. In 2011, he successfully argued before the U.S. Supreme Court that Arizona’s punitive campaign financing regime was unconstitutional. Before the Washington Supreme Court, he successfully argued against efforts to classify radio commentary as a contribution under the state’s campaign finance law.
His cases and advocacy have been covered in the Washington Post, the New York Times, the Economist, the Wall Street Journal, and other major media outlets.
Maurer was named a “Washington Superlawyer” by Washington Law & Politics Magazine for several years. He is a chapter author in numerous legal reference works and has written several articles for law reviews and legal publications across the country.
Prior to joining IJ-WA, Maurer clerked for Washington Supreme Court Justice Richard Sanders and then practiced law at Perkins Coie LLP. Maurer received his law degree in 1994 from the University of Wisconsin – Madison, where he was an editor of the Wisconsin Law Review. He received his BA from Bard College in 1989.
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, 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.
Universal Jurisdiction: The German Case Against Donald Rumsfeld
Thomas F. Gede
On April 27, 2007, the German Federal Prosecutor General announced that she would not commence...
NEPA Scope of Analysis in the Federal Permitting Context: The Federal Tail that Risks Wagging the Non-Federal Dog
Deidre G. Duncan, Brent A. Fewell
The National Environmental Policy Act (NEPA) requires federal agencies to consider the environmental impacts of...
Save America: Throw the Raisins Away!
Timothy Sandefur
Many Americans would be shocked to learn that the federal government confi scates a quarter—or...
Holding Enemy Combatants in the Wake of Hamdan
Ronald D. Rotunda
In Hamdan v. Rumsfeld, the Supreme Court reversed (5 to 3) a decision that John...
A Comment on the Proposed Statement on Subprime Mortgage Lending
Todd J. Zywicki, Joseph Adamson
In 2006, foreclosure rates on subprime mortgages more than doubled over the previous year, and...
The WTO as a Supranational Competition Authority
Keith R. Fisher
There has been a significant wave of transnational mergers and acquisitions this past decade, a...
Public Employees and Governmental Expression
Randy J. Kozel
My argument is that the modern jurisprudence of public employee speech neglects an important factor:...
A Glimpse of the Future? Campaign Finance Laws and Governmental Regulation of the Press
William R. Maurer
In April 2007, the Washington Supreme Court issued an important decision for the First Amendment...
The Seagate Conundrum: Risks and Rewards of Raising the Defense of "Advice of Counsel" to a Charge of Willful Patent Infringement
David L. Applegate, Paul J. Ripp
Imagine that your company manufactures or sells a product in the United States, in competition...
Patents and Health at the World Health Organization
Christopher Frericks, Mark F. Schultz
Engage Volume 8, Issue 3, June 2007
Are patents bad for public health? Despite the vast number of fundamental public health challenges...