Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
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.
General Counsel, University of Kentucky & Former Solicitor General of Virginia, University of Kentucky
William E. Thro, the General Counsel of the University of Kentucky, is an accomplished university attorney, appellate advocate, and legal scholar.
As the Chief Legal Officer for the University of Kentucky, he provides proactive strategic advice on critical legal and policy issues confronting a public flagship land grant research university with an integrated academic medical center and a high profile athletics program. Before assuming his present position in 2012, he spent more than twenty years representing public universities including eight years as the first in-house counsel at Christopher Newport University.
As Solicitor General of Virginia for four years, he was responsible for the Virginia State Government’s U.S. Supreme Court litigation (except capital cases) as well as lower court appeals involving the constitutionality of statutes or politically sensitive issues. He argued two cases in the U.S. Supreme Court and numerous cases in the lower appellate courts. He co-authored seven U.S. Court merits briefs, eleven U.S. Supreme Court amicus briefs, and more than fifty briefs at the petition stage. He received two Best Brief Awards from the National Association of Attorneys General.
As a legal scholar, he focuses on constitutional law in educational contexts. He has more than sixty publications in law reviews or peer reviewed journals as well as numerous monographs, book chapters, and encyclopedia entries. In recognition of his scholarly work, he received Stetson University’s Kaplin Award for Excellence in Higher Education Law & Policy Scholarship (2014) and became a Fellow of both the National Education Finance Conference (2012) and the National Association of College and University Attorneys (2007).
He has served as President of the Education Law Association, Chair of the Virginia Bar Association’s Appellate Practice Section, Board Chair for a local Red Cross Chapter, on the Boards of both the National Association of College & University Attorneys and the National Education Finance Academy, and an Elder in the Presbyterian Church (U.S.A.).
A native of Kentucky, he received his undergraduate degree summa cum laude from Hanover College. In addition to receiving the Crowe Citation as the outstanding male in his class, he was the first Hanover student to become a Harry S. Truman Scholar. He earned a graduate degree with honours from the University of Melbourne while attending as a Rotary Foundation International Ambassadorial Scholar. His law degree is from the University of Virginia where he was a published member of the VIRGINIA LAW REVIEW and research assistant to constitutional law professor A.E. Dick Howard. He began his legal career as a judicial clerk to the late Judge Ronald E. Meredith of the U.S. District Court for the Western District of Kentucky in Louisville.
He is married to the Rev. Dr. Julie Urback Thro and has two children in college (Sandra, Will) and one in high school (Noah).
General Counsel, University of Kentucky & Former Solicitor General of Virginia, University of Kentucky
William E. Thro, the General Counsel of the University of Kentucky, is an accomplished university attorney, appellate advocate, and legal scholar.
As the Chief Legal Officer for the University of Kentucky, he provides proactive strategic advice on critical legal and policy issues confronting a public flagship land grant research university with an integrated academic medical center and a high profile athletics program. Before assuming his present position in 2012, he spent more than twenty years representing public universities including eight years as the first in-house counsel at Christopher Newport University.
As Solicitor General of Virginia for four years, he was responsible for the Virginia State Government’s U.S. Supreme Court litigation (except capital cases) as well as lower court appeals involving the constitutionality of statutes or politically sensitive issues. He argued two cases in the U.S. Supreme Court and numerous cases in the lower appellate courts. He co-authored seven U.S. Court merits briefs, eleven U.S. Supreme Court amicus briefs, and more than fifty briefs at the petition stage. He received two Best Brief Awards from the National Association of Attorneys General.
As a legal scholar, he focuses on constitutional law in educational contexts. He has more than sixty publications in law reviews or peer reviewed journals as well as numerous monographs, book chapters, and encyclopedia entries. In recognition of his scholarly work, he received Stetson University’s Kaplin Award for Excellence in Higher Education Law & Policy Scholarship (2014) and became a Fellow of both the National Education Finance Conference (2012) and the National Association of College and University Attorneys (2007).
He has served as President of the Education Law Association, Chair of the Virginia Bar Association’s Appellate Practice Section, Board Chair for a local Red Cross Chapter, on the Boards of both the National Association of College & University Attorneys and the National Education Finance Academy, and an Elder in the Presbyterian Church (U.S.A.).
A native of Kentucky, he received his undergraduate degree summa cum laude from Hanover College. In addition to receiving the Crowe Citation as the outstanding male in his class, he was the first Hanover student to become a Harry S. Truman Scholar. He earned a graduate degree with honours from the University of Melbourne while attending as a Rotary Foundation International Ambassadorial Scholar. His law degree is from the University of Virginia where he was a published member of the VIRGINIA LAW REVIEW and research assistant to constitutional law professor A.E. Dick Howard. He began his legal career as a judicial clerk to the late Judge Ronald E. Meredith of the U.S. District Court for the Western District of Kentucky in Louisville.
He is married to the Rev. Dr. Julie Urback Thro and has two children in college (Sandra, Will) and one in high school (Noah).
Deputy General Counsel, Local 32 BJ, Service Employees International Union
Brent Garren is a Deputy General Counsel of SEIU Local 32 BJ, the 145,000 member property services local in New York and the eastern seaboard. He worked for the International Ladies’ Garment Workers Union, then UNITE, UNITE HERE and Workers United prior to Local 32 BJ, including serving as General Counsel for UNITE HERE and later Workers United.
Mr. Garren’s career has focused on the National Labor Relations Act. He is an Editor-In-Chief of How to Take a Case Before the NLRB, the leading text on NLRB procedure. He is a member of and past union co-chair of the ABA’s subcommittee on Practice and Procedure under the NLRA, part of the Labor and Employment Law Section. He has spoken about and written on the NLRA, including on remedies, voluntary recognition and NLRB jurisdiction.
He has been involved in international labor solidarity activities, including representing U.S. labor to the International Labor Organization, dealing with protection of home workers and protection of contracted labor.
He was graduated by Wayne State School of Law, summa cum laude.
Reed Larson Professor of Labor Law, Ave Maria School of Law and, National Right To Work Legal Defense Foundation
John Raudabaugh is a labor lawyer and former Member of the U.S. National Labor Relations Board. He was a partner in law firms representing management concerning domestic and international labor law matters. Currently, he represents employees seeking relief from union and/or employer unfair labor practices. Mr. Raudabaugh has presented testimony to both Senate and House Committees regarding labor law reform. Professor Raudabaugh teaches Labor Law and a Labor Law Practicum at the Ave Maria School of Law. He is a graduate of the Wharton School of Finance and Commerce and New York State School of Industrial and Labor Relations with B.S. and M.S. degrees in labor economics and a J.D. degree from the University of Virginia Law School of Law.
Of Counsel, Kirkland & Ellis LLP
John focuses his practice on labor and employment litigation and counseling employers on mergers, acquisitions and consolidations, downsizing, plant relocations, union representation elections, labor negotiations, strikes and lockouts, NLRB unfair labor practices, arbitration, wage and hour, wrongful discharge and equal employment. John, a former NLRB General Counsel and Labor Department official, was selected as a global leader in the field of employment & labor law in The International Who's Who of Labor and Employment Lawyers by Law Business Research, The Best Lawyers in America, and Super Lawyers.
John earned his B.A. from Brown University and both his J.D. and LL.M. from Georgetown.
Vilas Research Fellow & Professor of Law, University of Wisconsin Law School
Shubha Ghosh has taught in the fields of intellectual property, business organizations, tort law, antitrust, property, and law & economics since Fall 1996. He is the author of over fifty articles and book chapters. He is the co-author of two intellectual property casebooks: Intellectual Property: Private Rights, The Public Interest, and the Regulation of Creative Activity (Thomson West 2007) and Intellectual Property in Business Organizations (Lexis-Nexis 2006).
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
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.
Associate, Jones Day
Tara Fumerton has a broad range of experience in complex civil litigation, intellectual property law, and corporate internal investigations. Tara has litigated cases in state and federal courts involving class actions, fraud, federal and state False Claims Acts, RICO, patent litigation, and nationwide federal cases consolidated by the Judicial Panel on Multidistrict Litigation (so-called "MDL" cases). For several years, she has represented pharmaceutical companies in lawsuits throughout the country brought by private and government plaintiffs dealing with Medicare, Medicaid, and private insurance reimbursement. With respect to intellectual property law, her experience has primarily involved patent litigation involving semiconductors and semiconductor processing technologies. She also has represented a number of individual and corporate clients in internal and criminal investigations on a diverse range of topics. She has significant experience in managing complex discovery matters; taking, defending, and preparing witnesses for depositions; working with experts; and arguing motions before the court. In addition, she has drafted countless motions of all kinds in state and federal court, including mandamus petitions before the Texas Supreme Court.
Tara is a member of the Illinois Bar Association and The Chicago Bar Association.
Senior Litigation Counsel, New Civil Liberties Alliance
Peggy Little, Senior Counsel at New Civil Liberties Alliance, a new public interest law firm challenging the administrative state founded in 2017 by Professor Philip Hamburger, has over three decades of experience as a trial and appellate litigator in complex, high-stakes regulatory, mass-tort, class-action, products liability, securities, commercial and civil rights litigation representing individuals and high-profile litigants including Fortune 50 companies, financial institutions, public companies, and universities in state and federal courts, including the United States Supreme Court.
Peggy is a graduate of Yale College and Yale Law School, where she was awarded the Potter Stewart Prize. She was a law clerk to the Hon. Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. Prior to starting her own trial and appellate law firm in 1997, where she was appellate consulting counsel to the New Haven firefighters in Ricci v.DeStefano, a landmark 2009 United States Supreme Court decision, Peggy was a partner at Tyler, Cooper & Alcorn in New Haven, Connecticut. From 2004 to early 2018, Peggy directed, part-time, the Federalist Society Pro Bono Center.
Peggy has participated in many national conferences and symposia addressing issues of current importance in constitutional law – specifically state and federal constitutional questions regarding the separation of powers and the first amendment – and regularly speaks, blogs and publishes on the topic of the unconstitutional exercise of governmental power. In May of 2017, she presented her paper, Pirates at the Parchment Gates, to a conference of state and federal judges at the Law and Economics Center at the Antonin Scalia Law School. Her work has been published by law reviews, legal publications, the Federalist Society, the Wall Street Journal, Law and Liberty and the Manhattan Institute.
Recent publications include: How the SEC silences its critics, The SEC should listen to Sen. Cotton, Lucia v. SEC, Opening Salvos in the Opioid Litigation Wars, Straight Dope on the Opioid Crisis
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.
SCOTUScast 3-20-07 featuring Erik S. Jaffe
Erik S. Jaffe
Sinochem Int'l Co. v. Malaysia Int'l Shipping Corp. and Lance v. Coffman
Sinochem Int'l Co. v. Malaysia Int'l Shipping Corp. Justice Ginsburg, speaking for a unanimous Court,...
A Court Unbound? The Recent Jurisprudence of the Wisconsin Supreme Court
Rick M. Esenberg
Public commentary about the Wisconsin Supreme Court as "activist" began in the wake of the...
Sordid Business: The Supreme Court Confronts the Constitutionality of Racial Preferences in K-12 Education
Charles J. Russo, William Thro
It is a sordid business, this divvying us up by race.—Chief Justice Roberts
The Chief Justice’s words, written in the context of a congressional redistricting case, are equally...
Sordid Business: The Supreme Court Confronts the Constitutionality of Racial Preferences in K-12 Education
Charles J. Russo, William Thro
It is a sordid business, this divvying us up by race.—Chief Justice Roberts The...
The Employee Free Choice Act: Who Benefits? - Event Audio
Sarah M. Fox, Brent Garren, Charlotte L. Montiel, John N. Raudabaugh, John S. Irving
Labor & Employment Law Practice Group
The U.S. House of Representatives has passed, the U.S. Senate will consider, and the Bush...
Are Patents "Private Property" Under the Fifth Amendment? - Event Audio
Michael A. Gollin, Dean A. Monco, Loren A. Smith, Shubha Ghosh, Adam Mossoff
Intellectual Property Practice Group
The modern regulatory state affects all forms of property rights, from land to chattels to...
Campbell v. Air Touch Cellular d.b.a. Verizon Wireless
John Shu
This class action settlement involving AirTouch Cellular and Cellco Partnership, which do business as the...
New Trend in Illinois Supreme Court Rulings?
Tara A. Fumerton
In December 2006, the American Tort Reform Foundation released its 2006 list of “Judicial Hellholes,”...
The Milberg Weiss Indictment
Margaret A. Little
Milberg Weiss Bershad Hynes & Lerach, one of the nation’s largest class action firms, before...
Fraud Ruling in Cleveland Asbestos Litigation
David J. Owsiany
The asbestos liability crisis is well-documented. Hundreds of thousands of claims have been filed, billions...