Director, Independent Women's Law Center, Independent Women's
Jennifer C. Braceras, a member of the Federalist Society Board of Visitors, is the director of Independent Women’s Law Center and a former member of the U.S. Commission on Civil Rights.
Ms. Braceras is a graduate of the Harvard Law School, where she served as an editor of the Law Review. After law school, she clerked for two federal judges and practiced labor and employment law with the Boston law firm Ropes & Gray.
A long time political columnist and editor, Ms. Braceras's writing has appeared in a variety of publications, including the Wall Street Journal, the Boston Globe, the Hill, and National Review Online. She co-hosts At the Bar, a bimonthly virtual happy hour discussion about issues at the intersection of law, politics, and culture.
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).
Vice President of Legal Services Outsourcing, CPA Global
Associate, Ropes & Gray
Peter has significant experience in representing mutual funds, private equity funds, hedge funds, corporations and individuals in complex securities and corporate litigation matters, including the representation of the directors and officers of several public companies in securities class actions and breach of fiduciary duty actions. Peter also is experienced in litigating contested merger transactions, including strategic, financial and going private transactions. Peter has been involved in advising committees of directors at several large corporations concerning corporate governance and related issues in the context of mergers and acquisitions and other strategic alternatives, as well as related-party transactions, internal investigations and litigation. Peter currently serves as the Chairman of the Directors and Officers Liability Litigation Committee of the American Bar Association and is a member of the ABA Business Law Section's Task Force on Director and Officer Liability.
Peter also has significant experience, as both a litigator and adviser, in representing directors and officers of public and private corporations, as well as principals of private equity and hedge funds, in connection with their indemnification and director and officer insurance programs. Peter was involved in the successful representation of the outside directors of the Enron Corporation in litigation involving Enron's $450 million director and officer insurance program.
Peter has represented several public companies and investment advisers in connection with investigations conducted by the Securities and Exchange Commission and has also represented public companies and an investment advisor in connection with criminal investigations conducted by the Department of Justice.
Peter also represents clients in the health care industry in enforcement and litigation matters. Peter has helped to represent a large health care company in investigations conducted by the federal government, including by the Department of Justice, and by state enforcement authorities.
In 2004, Peter served as a Special Assistant District Attorney in Middlesex County. Peter prosecuted some fifteen jury and bench trials and argued legal and evidentiary motions on a daily basis.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Senior Vice President and Litigation Director, Institute for Justice
Dana Berliner serves as Senior Vice President and Litigation Director at the Institute for Justice, where she has worked as a lawyer since 1994.
The focus of Dana’s litigation at IJ has been property rights. She successfully represented the Community Youth Athletic Center, a boxing gym and mentoring program for at-risk youth, which challenged the city of National City’s authorization of taking the CYAC’s property for private development; the California Court of Appeal ruled in 2013 that the authorization of eminent domain was invalid and that National City had violated California’s Public Records Act. Dana also represented the home and business owners in Norwood, Ohio, who, on July 26, 2006, secured a unanimous ruling from the Ohio Supreme Court that the city could not take their property for a privately owned shopping mall and “lifestyle center.” Along with co-counsel Scott Bullock, she represented the homeowners in Kelo v. New London, in which the U.S. Supreme Court ruled that cities could condemn property because other uses may produce an increase in tax dollars and jobs. Dana, along with many others at IJ, worked to turn the nationwide outrage caused by the decision into new state statutes, constitutions and judicial decisions that cut back on eminent domain abuse. She secured a ruling that the Village of Port Chester, N.Y., violated due process in its use of eminent domain to secure waterfront property. Since 2008, Dana has been recognized every year as a “Best Lawyer” in eminent domain and condemnation law by the publication Best Lawyers in America.
On issues of free speech and economic liberty, Dana successfully defended Carla Main and Encounter Books, who wrote and published a book about eminent domain abuse in Texas and across the country, against a defamation suit brought by a developer who stood to receive property taken by eminent domain. She secured a victory in favor of two New Orleans entrepreneurs in a federal First Amendment challenge to the city of New Orleans’ ban on sidewalk book vending. As trial counsel, Dana also secured a ruling that the Nevada Transportation Services Authority violated the rights of several would-be limousine entrepreneurs by subjecting them to an onerous and arbitrary licensing process that gave undue power to existing companies opposing competition. And she successfully represented an aspiring teacher of African hair braiding in Mississippi, as well as two of her students, challenging restrictions on learning and teaching African hair braiding in Mississippi.
In 2012, Dana became IJ’s Litigation Director. She now oversees all of IJ’s litigation, helping other attorneys craft both their major legal theories and their day-to-day litigation strategies. And she helps to set the litigation directions that IJ will take. In 2016, Dana began her role as IJ’s Senior Vice President.
Dana authored Opening the Floodgates: Eminent Domain Abuse in the Post-Kelo World, a report on the use and threatened use of eminent domain for private development in the year since the Kelo decision. Dana also authored Public Power, Private Gain: A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain, the first-ever nationwide study on the abuse of eminent domain, released in 2003.
Dana has been quoted in The New York Times, USA Today, Wall Street Journal, NPR and The Washington Post as well as on various radio and television broadcasts, including 60 Minutes.
Dana received her law and undergraduate degrees from Yale University where she was a member of the Yale Law Journal and represented clients through the legal services program. After law school, she clerked for Judge Jerry Smith on the 5th U.S. Circuit Court of Appeals.
Dana Berliner is a member of the DC and Pennsylvania bars.
D. Eric Schippers Reviews "The Rule of Lawyers: How the New Litigation Elite Threatens America's Rule of Law - By Walter K. Olson
Eric Schippers
“What has happened is that the legislatures ... have failed,” boasted trial lawyer John...
Cornerstones of American Democracy: A Primer on Judicial Restraint, Federalism, and Nominations to the Federal Bench
Jennifer C. Braceras
A fully-staffed, balanced, and independent judiciary is necessary for the protection of our safety, freedom,...
A Dialogue on Reparations
Roger B. Clegg
Between an Opponent and a Supporter: A: Should African Americans be paid reparations for slavery?...
The Friendly Neighborhood Trade Commission
Montgomery N. Kosma
In some sectors of our economy, the rise of Internet commerce has prompted a dramatic...
Recent Rulemaking Activity by the Securities and Exchange Commission Under the Sarbanes-Oxley Act of 2002
Peter L. Welsh
The SEC has been extremely active lately on the rulemaking front, particularly with regard to...
Producing Inefficiency: The Perishable Agricultural Commodities Act
Originally enacted in 1930, the Perishable Agricultural Commodities Act (“PACA”) was intended to protect the...
Project Safe Neighborhoods and Fair-Weather Federalism: "Saving" the Second Amendment by Undermining the Tenth
Gene Healy
Gun rights supporters in the Bush Administration and Congress are currently engaged in a dubious...
Cybercrime Conference Remarks by John Malcolm
John G. Malcolm
MR. MALCOLM: The debate about how to strike a proper balance between cherished privacy rights...
Courts Frown on Economic Development Condemnations in 2002
Dana Berliner
While municipalities and states continue to aggressively court private business by offering them other people’s...
Searching Private Businesses and Other Property Without a Warrant
Gregory D. Page
When the police or other Executive Branch officers conduct searches under civil and environmental statutes,...