Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
Judge, United States Court of Appeals, Third Circuit
Judge Paul Matey was appointed to the United States Court of Appeals for the Third Circuit in 2019 by President Trump.
Before his judicial service, Judge Matey was a partner at Lowenstein Sandler in New Jersey where he practiced complex commercial litigation and criminal defense. Earlier, Judge Matey was the Senior Vice President, General Counsel and Secretary for University Hospital Newark, an academic medical center and teaching hospital.
He also served as the Deputy Chief Counsel to Governor Chris Christie, and as an Assistant United States Attorney in the District of New Jersey, where he was awarded the Justice Department’s Director’s Award for Superior Performance. He also practiced at the Washington D.C. firm of Kellogg, Hansen, Todd, Figel & Frederick, and served as a law clerk to judges on the United States Court of Appeals for the Third Circuit and the United States District Court for the District of New Jersey.
He earned his bachelor’s degree from the University of Scranton, a Jesuit University, in 1993, and his juris doctorate, summa cum laude, from Seton Hall University School of Law in 2001, where he served as Editor-in-Chief of the Seton Hall Law Review.
In 2019, Judge Matey was elected to membership in the American Law Institute and, since 2020, has lectured on administrative law and the American legal history at Seton Hall.
Adjunct Professor, George Washington University Law School
Global Competition Counsel, BHP Group
Kirstie is Global Competition Counsel at BHP. Based in Singapore, Kirstie is responsible for the group’s competition law compliance framework and leads the BHP competition law team advising advises clients located across the BHP group on the full range of competition law matters, including merger control, investigations and day to day counselling. Before joining BHP, Kirstie spent over a decade in private practice as a competition law specialist with international law firms in London, Brussels, Shanghai and Singapore, and was among the first European competition lawyers to relocate to China to assist clients with aspects of the developing competition laws in Asia. Her practice has covered all aspects of competition law, including cartels, dominance, mergers and appeals to the European Courts. Kirstie was also a founding partner of Landmark Asia in Singapore, a boutique public affairs consultancy assisting clients with regulation and policy throughout the APAC region.
Former Senior Director, Antitrust & Competition, Cisco
Gil Ohana is former Senior Director, Antitrust and Competition for Cisco, the leading manufacturer of networking equipment for the Internet. Gil writes and speaks regularly on antitrust and intellectual property issues relating to standard-essential patents in the areas of wired and wireless networking and communications. He has participated indiscussions of standards development organization IPR policies at leading standards development organizations such as ANSI, ETSI, IEEE-SA, ITU-T, IETF, and OneM2m, and has advised on the formation and operation of numerous informal standards development organizations active in IoT and patent pools.
From 1993 through 1996, Gil was a trial attorney with the Antitrust Division of the U.S. Department of Justice, where he participated in the Division's investigation of Microsoft's software licensing practices and its successful court challenge to Microsoft's proposed acquisition of Intuit.
Gil received his law degree from Columbia University, where he was articles editor of the Columbia Law Review, and his B.A. from Harvard College. He is admitted to the bars of California and the District of Columbia.
Senior Counsel for International Competition Affairs, Deutsche Telekom AG
Partner, Gibson Dunn & Crutcher
Christopher M. Wilson is a partner in the Washington, D.C. office of Gibson Dunn & Crutcher. He is a member of the firm’s Antitrust and Competition Practice Group.
Mr. Wilson assists clients in navigating DOJ, FTC, and international competition authority investigations as well as private party litigation involving complex antitrust and consumer protection issues, including matters implicating the Sherman Act, the Clayton Act, the FTC Act, the Hart-Scott-Rodino (HSR) merger review process, as well as international and state competition statutes. His experience crosses multiple industries, including health insurance, transportation, telecommunications, technology, energy, agriculture, and biotechnology, and his particular areas of focus include merger enforcement, interlocking directorates, joint ventures, compliance programs, and employee “no-poach” agreements. He is also well-versed in cross-border investigations involving the European Union, the United Kingdom, Canada, Brazil, Japan, Korea, and Saudi Arabia, among other jurisdictions.
Mr. Wilson is also active in the Antitrust Section of the American Bar Association, serving as Vice Chair of the Transportation & Energy Industries Committee. He is also a member of the Section’s Health Care and Pharmaceuticals Committee, and is a frequent participant in ABA webcasts and presentations.
Prior to joining the firm, Mr. Wilson was a trial attorney in the Transportation, Energy & Agriculture Section of the U.S. Department of Justice – Antitrust Division. During his tenure, Mr. Wilson played a prominent role in numerous high-profile matters, and he received the Antitrust Division’s Award of Distinction on two separate occasions. Before joining the Department of Justice, Mr. Wilson was an associate in Gibson Dunn’s Dallas office.
He is a graduate of Columbia Law School, where he was a Harlan Fiske Stone scholar, and was an editor on the Columbia Business Law Review. He holds a B.A. in Economics from New York University.
Mr. Wilson is admitted to practice in California, Texas, and the District of Columbia.
Global Competition Counsel, BHP Group
Kirstie is Global Competition Counsel at BHP. Based in Singapore, Kirstie is responsible for the group’s competition law compliance framework and leads the BHP competition law team advising advises clients located across the BHP group on the full range of competition law matters, including merger control, investigations and day to day counselling. Before joining BHP, Kirstie spent over a decade in private practice as a competition law specialist with international law firms in London, Brussels, Shanghai and Singapore, and was among the first European competition lawyers to relocate to China to assist clients with aspects of the developing competition laws in Asia. Her practice has covered all aspects of competition law, including cartels, dominance, mergers and appeals to the European Courts. Kirstie was also a founding partner of Landmark Asia in Singapore, a boutique public affairs consultancy assisting clients with regulation and policy throughout the APAC region.
Former Senior Director, Antitrust & Competition, Cisco
Gil Ohana is former Senior Director, Antitrust and Competition for Cisco, the leading manufacturer of networking equipment for the Internet. Gil writes and speaks regularly on antitrust and intellectual property issues relating to standard-essential patents in the areas of wired and wireless networking and communications. He has participated indiscussions of standards development organization IPR policies at leading standards development organizations such as ANSI, ETSI, IEEE-SA, ITU-T, IETF, and OneM2m, and has advised on the formation and operation of numerous informal standards development organizations active in IoT and patent pools.
From 1993 through 1996, Gil was a trial attorney with the Antitrust Division of the U.S. Department of Justice, where he participated in the Division's investigation of Microsoft's software licensing practices and its successful court challenge to Microsoft's proposed acquisition of Intuit.
Gil received his law degree from Columbia University, where he was articles editor of the Columbia Law Review, and his B.A. from Harvard College. He is admitted to the bars of California and the District of Columbia.
Senior Counsel for International Competition Affairs, Deutsche Telekom AG
Partner, Gibson Dunn & Crutcher
Christopher M. Wilson is a partner in the Washington, D.C. office of Gibson Dunn & Crutcher. He is a member of the firm’s Antitrust and Competition Practice Group.
Mr. Wilson assists clients in navigating DOJ, FTC, and international competition authority investigations as well as private party litigation involving complex antitrust and consumer protection issues, including matters implicating the Sherman Act, the Clayton Act, the FTC Act, the Hart-Scott-Rodino (HSR) merger review process, as well as international and state competition statutes. His experience crosses multiple industries, including health insurance, transportation, telecommunications, technology, energy, agriculture, and biotechnology, and his particular areas of focus include merger enforcement, interlocking directorates, joint ventures, compliance programs, and employee “no-poach” agreements. He is also well-versed in cross-border investigations involving the European Union, the United Kingdom, Canada, Brazil, Japan, Korea, and Saudi Arabia, among other jurisdictions.
Mr. Wilson is also active in the Antitrust Section of the American Bar Association, serving as Vice Chair of the Transportation & Energy Industries Committee. He is also a member of the Section’s Health Care and Pharmaceuticals Committee, and is a frequent participant in ABA webcasts and presentations.
Prior to joining the firm, Mr. Wilson was a trial attorney in the Transportation, Energy & Agriculture Section of the U.S. Department of Justice – Antitrust Division. During his tenure, Mr. Wilson played a prominent role in numerous high-profile matters, and he received the Antitrust Division’s Award of Distinction on two separate occasions. Before joining the Department of Justice, Mr. Wilson was an associate in Gibson Dunn’s Dallas office.
He is a graduate of Columbia Law School, where he was a Harlan Fiske Stone scholar, and was an editor on the Columbia Business Law Review. He holds a B.A. in Economics from New York University.
Mr. Wilson is admitted to practice in California, Texas, and the District of Columbia.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Deputy Attorney General, Civil Litigation, Texas Attorney General
James Lloyd is the Deputy Attorney General for Civil Litigation for the Texas Attorney General. He serves alongside over 600 lawyers and staff across eleven practice groups handling more than 35,000 cases involving the State of Texas. James also serves as Chief of the Antitrust Division, leading the enforcement of state and federal antitrust laws and representing the interests of Texas in national antitrust matters alongside federal enforcers.
James previously practiced at global law firms Sidley Austin LLP and Mayer Brown LLP, managing a range of high-profile matters for public and private companies. He began his legal career as a law clerk to Justice David Medina on the Texas Supreme Court.
James has served in a variety of roles in public service. He is currently an Intelligence Officer in the U.S. Navy Reserve, assigned to the Commander of the U.S. Pacific Fleet. James served on the Presidential Transition Team for President Donald Trump, where he advised on financial regulatory policy and led the transition of the U.S. Securities and Exchange Commission. James previously served at the White House as Senior Writer to President George W. Bush. He was also a member of the national security staff, coordinating policymaking and oversight with senior officials among the Cabinet departments and agencies.
James received his J.D. from The University of Texas School of Law, where he was Articles Editor for the Texas Law Review and a teaching assistant to Admiral Bobby Inman. He earned his bachelor’s degree from Rice University, where he was student body president and received the Joseph Cooper Prize in Public Policy.
A seventh-generation Texan, James comes from a family of litigators, including his mother, his sister, and his father who has served over 18 years on the Texas judiciary. James is Chair of the State Bar of Texas Antitrust and Business Litigation Section and serves on the Executive Committee of The Federalist Society’s Corporations, Securities, and Antitrust Practice Group.
James has spent over a decade as a volunteer attorney for veterans legal clinics in Houston and Austin. He is also a member of the Legal Affairs Roundtable for the Intelligence and National Security Alliance (INSA) and is also a longtime supporter of the Houston Livestock Show and Rodeo, serving on the Mutton Bustin' Committee.
Partner, Morrison & Foerster
David Shaw is a partner in Morrison & Foerster’s Global Antitrust Law Practice group, where he draws upon his extensive experience across merger clearance litigation, cartel representations, counseling, and State Attorney General antitrust enforcement to guide clients through government-facing antitrust matters.
Most recently, David was the Deputy Chief of Staff and Counsel to the Assistant Attorney General in the Antitrust Division of the Department of Justice (DOJ). In this role, he advised and assisted the head of the Antitrust Division on law and policy related to the Division and managed relationships with state attorneys general across all Division matters, including directly handling relationships in the highest stakes and most sensitive matters facing the Division.
Supervising Deputy Attorney General (Healthcare Rights and Access Section), Office of the California Attorney General
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Deputy Attorney General, Civil Litigation, Texas Attorney General
James Lloyd is the Deputy Attorney General for Civil Litigation for the Texas Attorney General. He serves alongside over 600 lawyers and staff across eleven practice groups handling more than 35,000 cases involving the State of Texas. James also serves as Chief of the Antitrust Division, leading the enforcement of state and federal antitrust laws and representing the interests of Texas in national antitrust matters alongside federal enforcers.
James previously practiced at global law firms Sidley Austin LLP and Mayer Brown LLP, managing a range of high-profile matters for public and private companies. He began his legal career as a law clerk to Justice David Medina on the Texas Supreme Court.
James has served in a variety of roles in public service. He is currently an Intelligence Officer in the U.S. Navy Reserve, assigned to the Commander of the U.S. Pacific Fleet. James served on the Presidential Transition Team for President Donald Trump, where he advised on financial regulatory policy and led the transition of the U.S. Securities and Exchange Commission. James previously served at the White House as Senior Writer to President George W. Bush. He was also a member of the national security staff, coordinating policymaking and oversight with senior officials among the Cabinet departments and agencies.
James received his J.D. from The University of Texas School of Law, where he was Articles Editor for the Texas Law Review and a teaching assistant to Admiral Bobby Inman. He earned his bachelor’s degree from Rice University, where he was student body president and received the Joseph Cooper Prize in Public Policy.
A seventh-generation Texan, James comes from a family of litigators, including his mother, his sister, and his father who has served over 18 years on the Texas judiciary. James is Chair of the State Bar of Texas Antitrust and Business Litigation Section and serves on the Executive Committee of The Federalist Society’s Corporations, Securities, and Antitrust Practice Group.
James has spent over a decade as a volunteer attorney for veterans legal clinics in Houston and Austin. He is also a member of the Legal Affairs Roundtable for the Intelligence and National Security Alliance (INSA) and is also a longtime supporter of the Houston Livestock Show and Rodeo, serving on the Mutton Bustin' Committee.
Partner, Morrison & Foerster
David Shaw is a partner in Morrison & Foerster’s Global Antitrust Law Practice group, where he draws upon his extensive experience across merger clearance litigation, cartel representations, counseling, and State Attorney General antitrust enforcement to guide clients through government-facing antitrust matters.
Most recently, David was the Deputy Chief of Staff and Counsel to the Assistant Attorney General in the Antitrust Division of the Department of Justice (DOJ). In this role, he advised and assisted the head of the Antitrust Division on law and policy related to the Division and managed relationships with state attorneys general across all Division matters, including directly handling relationships in the highest stakes and most sensitive matters facing the Division.
Supervising Deputy Attorney General (Healthcare Rights and Access Section), Office of the California Attorney General
Visiting Associate Professor of Law and Research Fellow for the Study of Objectivism
An accomplished scholar on Objectivism and privacy law, Professor Amy Peikoff has served as a faculty member at universities around the country over the past decade, teaching and writing in the areas of Contemporary Moral Problems, Contracts, Ethics, Information Privacy Law, Morality and Business, Philosophy of Law, Political Philosophy and Professional Responsibility. She served as a visiting lecturer at the University of Texas at Austin in 2003, a visiting assistant professor at the University of North Carolina at Chapel Hill in 2004, an assistant and associate professor at the U.S. Air Force Academy from 2005 to 2008, and as a visiting fellow at Chapman University School of Law from 2008 to 2012.
She joined Southwestern’s adjunct faculty in January 2013, also serving as a research fellow, and was appointed as Visiting Associate Professor and Research Fellow for the Study of Objectivism at Southwestern in July 2014. She is teaching courses in Law and Literature, Education Law and Jurisprudence Seminar. In her role as a Research Fellow, Professor Peikoff will engage in scholarly work related to the philosophy and writings of Ayn Rand. The Fellowship is funded by the Anthem Foundation for Objectivist Scholarship.
In trying to convey to her students some effective ways to approach their studies, Professor Peikoff shares what she found to be true in her own law school career. “If you care about what the law says about a particular issue, you will remember it and do better on exams,” she says. “Always try to connect what you're learning in school to things and people you value.”
Professor Peikoff’s articles have been published in a variety of scholarly journals such as Brandeis Law Journal, NYU Journal of Law & Liberty, St. John’s Law Review and Virginia Journal of Social Policy & The Law, among others. She has lectured and served as a panelist on privacy issues and individual rights at dozens of Objectivist conferences and scholarly forums around the country, including DePaul College of Law, Keck Graduate Institute, Stanford, UCLA and University of Texas at Austin, as well as the Liberty Conference in Brazil.
Professor Peikoff finds the most exciting aspect of her area of interest to be “seeing a problem and coming up with a solution that can affect something you care about.” For example, after writing about privacy issues for many years, she found her interest waning, until the 2012 Supreme Court decision in United States v. Jones inspired her to solve the problem of the "third-party doctrine" and, one year later, “Edward Snowden's revelations made that solution more relevant than ever.”
Partner, Nelson Mullins Riley & Scarborough LLP
Miles practices in the areas of appeals, business litigation, and First Amendment law. In addition to representing clients in complex civil and criminal litigation and appeals, Miles advises and represents public and private universities and serves as outside general counsel to several business and educational clients. He also represents and counsels private entities and government agencies and officials, including multiple current and former governors of South Carolina and members of Congress, on issues relating to the constitutional and statutory freedoms of speech, religion, and association. His First Amendment work has been cited by the United States Supreme Court.
Counsel, First Liberty Institute
Kayla Toney is Associate Counsel with First Liberty Institute, concentrating on religious liberty matters and First Amendment rights for clients of all faiths.
Prior to joining First Liberty, Kayla litigated religious freedom cases as a Constitutional Law Fellow at the Becket Fund for Religious Liberty. She clerked for Judge Gregory E. Maggs on the U.S. Court of Appeals for the Armed Forces, where she gained valuable experience in the military justice system. Kayla also worked as a litigation associate in the D.C. office of Winston & Strawn LLP, where she enjoyed working on pro bono religious liberty matters.
Kayla earned her law degree from George Washington University, where she served as president of the Federalist Society chapter, a member of the GW International Law Review, and a writing fellow. She graduated summa cum laude from Grove City College with a degree in history and economics.
A native of Michigan, Kayla is based in First Liberty’s Washington, D.C. office and is licensed to practice law in Virginia and D.C.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Partner, Nelson Mullins Riley & Scarborough LLP
Miles practices in the areas of appeals, business litigation, and First Amendment law. In addition to representing clients in complex civil and criminal litigation and appeals, Miles advises and represents public and private universities and serves as outside general counsel to several business and educational clients. He also represents and counsels private entities and government agencies and officials, including multiple current and former governors of South Carolina and members of Congress, on issues relating to the constitutional and statutory freedoms of speech, religion, and association. His First Amendment work has been cited by the United States Supreme Court.
Counsel, First Liberty Institute
Kayla Toney is Associate Counsel with First Liberty Institute, concentrating on religious liberty matters and First Amendment rights for clients of all faiths.
Prior to joining First Liberty, Kayla litigated religious freedom cases as a Constitutional Law Fellow at the Becket Fund for Religious Liberty. She clerked for Judge Gregory E. Maggs on the U.S. Court of Appeals for the Armed Forces, where she gained valuable experience in the military justice system. Kayla also worked as a litigation associate in the D.C. office of Winston & Strawn LLP, where she enjoyed working on pro bono religious liberty matters.
Kayla earned her law degree from George Washington University, where she served as president of the Federalist Society chapter, a member of the GW International Law Review, and a writing fellow. She graduated summa cum laude from Grove City College with a degree in history and economics.
A native of Michigan, Kayla is based in First Liberty’s Washington, D.C. office and is licensed to practice law in Virginia and D.C.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
Associate, Covington
John Kendrick represents clients in antitrust matters before government agencies (both domestic and foreign) and in federal court. His experience includes complex, high-profile antitrust litigation spanning multiple jurisdictions. He also represents clients in antitrust investigations, including merger investigations under the HSR Act.
John has advised clients in the cellular, medical device, retail, semiconductor, and travel industries. He has particular experience handling complex issues for technology companies and intellectual property licensing companies.
Angus G. Wynne, Sr. Professor in Civil Jurisprudence, The University of Texas at Austin School of Law
Susan Morse joined the University of Texas law faculty in 2013. She studies and writes about regulatory design and about international tax policy and tax compliance. She is interested in the interaction between legal systems and private ordering.
Recent writings in tax policy include Do Tax Compliance Robots Follow the Law? (symposium contribution), 16 Ohio State Tech. L. J. 278 (2020); GILTI: The Co-operative Potential of a Unilateral Minimum Tax, 2019 British Tax Rev. 512; Does Parenting Matter? U.S. Firms, Non-U.S. Firms, and Global Tax Accruals (with Eric J. Allen), 4 J. L. Fin. & Acct'g 239 (2019); International Cooperation and the 2017 Tax Act, 128 Yale L. J. Forum 362 (Oct. 25, 2018) and Seeking Comparable Transactions in Patent and Tax, 37 Rev. Litig. Brief (2018).
Recent writings in regulatory design include Government-to-Robot Enforcement, 2019 Ill. L. Rev. 1497; When Robots Make Legal Mistakes, 72 Okla. L. Rev. 213 (2019); Regulating by Example, 35 Yale J. Reg. 127 (2018) (with Leigh Osofsky) (featured in online symposium, How Agencies Communicate, at JREG); Safe Harbors, Sure Shipwrecks, 49 U.C. Davis L. Rev. 1385 (2016) (selected for Yale/Stanford/Harvard Junior Faculty Forum, 2015); and Entrepreneurship Incentives for Resource-Constrained Firms, Handbook of Law and Entrepreneurship (forthcoming).
Morse cowrote a Supreme Court amicus brief in 2020 supporting the government in CIC Services, LLC v. Internal Revenue Service (blog coverage here). Morse submitted cowritten Ninth Circuit amicus briefs in 2016, 2018 and 2019 in Altera Corp. v. Commissioner, supporting the government's position that it had validly issued a Treasury regulation that requires cost-sharing arrangements to include stock-based compensation. The Ninth Circuit held for the government and denied rehearing en banc, and the Supreme Court denied cert in 2020. Blog coverage here, here, here, here, here, and here.
Professor Morse teaches Property and Federal Income Tax, as well as the Financial Methods for Lawyers course, which she pioneered at Texas Law. She won the Women's Law Caucus Teacher of the Year award in 2016 and 2020. She edits the tax section at JOTWELL.com.
Professor Morse clerked for the Honorable Michael Boudin of the United States Court of Appeals for the First Circuit and spent seven years in business tax practice at Ropes & Gray, Boston and Wilson Sonsini Goodrich & Rosati, Palo Alto. Prior to joining the Texas faculty, she served as Associate Professor at UC Hastings College of the Law and as Research Assistant Professor at Santa Clara University School of Law.
Morse has also written Innovation and Taxation at Start-Up Firms, 69 Tax L. Rev. 357 (2016); Tax Anti-Avoidance Law in Australia and the United States, 49 Int'l Law. 111 (2015); A Simpler Offshore Profits Transition Tax, 76 Tax Notes Int'l 629 (Feb. 17, 2014); Startup Ltd.: Tax Planning and Initial Incorporation, 14 Fla. Tax Rev. 319 (2013); Tax Haven Incorporation for U.S. Firms: No Exodus Yet, 66 Nat’l Tax J. 395 (2013); The Transfer Pricing Regs Need a Good Edit, 40 Pepperdine L. Rev. 1415 (2013); and A Corporate Offshore Profits Transition Tax, 91 N.C. L. Rev. 549 (2013).
Senior Fellow in Executive Power, Cato Institute
Molly Nixon is a senior fellow at the Cato Institute, where she focuses on the scope, use, and history of executive power as well as its limits under the Constitution. Molly was previously an attorney with Pacific Legal Foundation’s separation of powers practice, where she litigated cases challenging congressional delegations of legislative power and executive branch overreach. Before that, she served as an Attorney-Advisor at the Department of the Interior and as Legislative Counsel for Congressman Justin Amash.
Molly holds a J.D. from New York University School of Law and a B.A. in History and International Relations from Boston University. She clerked for the U.S. District Court for the District of Alaska and practiced law at a firm in New York City for several years before moving to Washington, D.C.
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Jenn L. Mascott, Paul B. Matey, Alan B. Morrison
Please join each of The Federalist Society’s local DC-area Student Chapters, Lawyers Chapters and Practice...
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Kirstie Nicholson, Gil Ohana, Roman Reuter, Chris Wilson
The U.S. antitrust agencies have recently proposed changes to the HSR merger filing process, broadening...
Proposed Changes to the HSR Merger Filing Process: In-House Counsel View
Kirstie Nicholson, Gil Ohana, Roman Reuter, Chris Wilson
The U.S. antitrust agencies have recently proposed changes to the HSR merger filing process, broadening...
State Merger Enforcement: Trends & Outlook
Andrew Cook, James R. Lloyd, David J. Shaw, Emilio Varanini
State Attorneys General have long played a role in merger enforcement, challenging anticompetitive mergers and...
State Merger Enforcement: Trends & Outlook
Andrew Cook, James R. Lloyd, David J. Shaw, Emilio Varanini
State Attorneys General have long played a role in merger enforcement, challenging anticompetitive mergers and...
Third Parties and the Fourth Amendment [The FedSoc Films Podcast]
Amy Peikoff
In this episode of the FedSoc Films Podcast, Amy Peikoff, Chief Policy Officer at BitChute,...
Topics
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The intersection of the First Amendment, parental rights, and educational texts has become a topic...
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Miles Coleman, Kayla Ann Toney, Eugene Volokh
The intersection of the First Amendment, parental rights, and educational texts has become a topic...
Courthouse Steps Oral Argument: Corner Post, Inc. v. Board of Governors of the Federal Reserve System
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On February 20, 2024, the U.S. Supreme Court will hear oral argument in Corner Post,...