Partner, Consovoy McCarthy PLLC
Thomas R. McCarthy is a partner at Consovoy McCarthy Park PLLC. Mr. McCarthy assists clients with a wide array of issues in federal district and appellate courts across the country. He frequently represents clients in complex litigation involving diverse legal issues arising under the First Amendment, the Equal Protection Clause, the Commerce Clause, and other provisions of the U.S. Constitution. Mr. McCarthy also represents clients in litigation matters involving numerous federal statutes such as the Administrative Procedure Act, the Federal Arbitration Act, the Sherman Act, the Communications Act, the Voting Rights Act, and the Patent Act. He also represents clients with regulatory matters before the Federal Communications Commission, the Federal Trade Commission, and various other federal agencies.
Mr. McCarthy is a former law clerk to Judge David B. Sentelle of the United States Court of Appeals for the D.C. Circuit, and Judge Frank W. Bullock, Jr. of the United States District Court for the Middle District of North Carolina. Since 2011, McCarthy has been the co-director of the George Mason University School of Law Supreme Court Clinic. He previously taught an advanced constitutional law seminar at Mason Law.
Mr. McCarthy earned his BS from the University of Notre Dame, where he was a Notre Dame Scholar, and his JD magna cum laude from George Mason University School of Law. Mr. McCarthy is a member of the Virginia and District of Columbia bars.
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.
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).
Judge, United States Court of Appeals, Ninth Circuit
Kenneth Kiyul Lee is a judge on the U.S. Court of Appeals for the Ninth Circuit. He was appointed in June 2019 and is based in San Diego, California.
Prior to his appointment, he was a partner at the law firm of Jenner & Block in Los Angeles. Judge Lee previously served as an Associate Counsel to President George W. Bush and as Special Counsel to Senator Arlen Specter, then-chair of the Senate Judiciary Committee. He started his legal career at Wachtell, Lipton, Rosen & Katz in New York.
Judge Lee received his J.D. from Harvard Law School, magna cum laude, and his A.B. from Cornell University, summa cum laude. He clerked for Judge Emilio M. Garza of the U.S. Court of Appeals for the Fifth Circuit.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
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.
Counsel to the Firm, Cascadia Cross-Border Law
Margaret Stock focuses her practice on immigration and citizenship law. She is a nationally known expert on immigration and national security laws, and has testified regularly before Congressional committees on immigration, homeland security, and military matters. As a retired Lieutenant Colonel in the Military Police, U.S. Army Reserve, Margaret has extensive experience with U.S. military issues. She has also worked as a professor at the United States Military Academy at West Point, and she has served as an adjunct instructor at the University of Alaska. Margaret served as a member of the American Bar Association Commission on Immigration from 2008-2012. She regularly authors articles on military-related immigration issues, and is well-versed on “parole in place” for military family members and the Military Accessions Vital to the National Interest (“MAVNI”) Program. Margaret authored the book Immigration Law & the Military, which was published by the American Immigration Lawyers Association in 2012.
Walter L. Brown Professor of Law, University of Virginia School of Law
John Norton Moore, who joined the faculty in 1966, is an authority on international law, national security law and the law of the sea. He also teaches advanced topics in national security law and the rule of law. Moore taught the first course in the country on national security law and conceived and co-authored the first casebook on the subject. From 1991-93, during the Gulf War and its aftermath, Moore was the principal legal adviser to the Ambassador of Kuwait to the United States and to the Kuwait delegation to the U.N. Iraq-Kuwait Boundary Demarcation Commission.
From 1985 to 1991, he chaired the board of directors of the U.S. Institute of Peace, one of six presidential appointments he has held. From 1973 to 1976, he was chair of the National Security Council Interagency Task Force on the Law of the Sea and ambassador and deputy special representative of the president to the law of the sea conference. Previously he served as the counselor on international law to the State Department. With the deputy attorney general of the United States, he was co-chair in March 1990 of the U.S.-USSR talks in Moscow and Leningrad on the rule of law. As a consultant to the Arms Control and Disarmament Agency, he was honored by the director for his work on the ABM Treaty Interpretation Project. He has been a frequent witness before congressional committees on maritime policy, legal aspects of foreign policy, national security, war and treaty powers, and democracy and human rights. He has been a fellow of the Woodrow Wilson International Center for Scholars at the Smithsonian Institution.
Moore is a member of advisory and editorial boards for nine journals and numerous professional organizations, and he has published many articles on oceans policy, national security and international law.
NSA Surveillance: The Litigation and its Implications
Thomas R. McCarthy
On December 16, 2005, the New York Times reported that President Bush had authorized the...
An Update on Terrorism Risk Insurance
Laura M. Kotelman
On November 26, 2002, the President signed into law the Terrorism Risk Insurance Act of...
The Debate Over Felon Voting
George T. Conway, Roger B. Clegg, George ConwayI, Kenneth Kiyul Lee
Today, from the bluest of the blue to the reddest of the red, almost every...
The Effect of Identification Requirements on Minority Voter Turnout
Hans A. Von Spakovsky
Voter fraud is a well-documented and existing problem in the United States. While it is...
Public Financing of Campaigns: A Statistical Analysis
David M. Primo, Jeffrey Milyo
The partial or full financing of elections at all levels of government is a central...
Supreme Court Justices Halt Federal Circuit Advance on Lear v. Adkins
David E. Foster
The Supreme Court recently put an end to Federal Circuit eff orts to revive a...
Is Copyright Property? Comments on Richard Epstein's Liberty versus Property
Adam Mossoff
In his essay, Liberty versus Property, Richard Epstein offers a Lockean justification for intellectual property...
The Real ID Act Border Fence Provision: Congress Delegates Power to the Executive to Waive Laws in the Interest of National Security
Margaret D. Stock
Most readers of Engage are likely familiar with the ongoing public controversy over proposals to...
Is there a Danger the Emerging International Courts Will be Politicized? Lessons from the International Court of Justice
Malvina Halberstam
For centuries, international law regulated relations between states. With rare exception, it did not create...
Charges of Judicial Activism in Europe
John Norton Moore
Judicial activism was a core issue in the Senate hearings on President Bush’s Supreme Court...