Judge William Hawley Atwell Chair of Constitutional Law, SMU Dedman School of Law
Professor Carpenter is the Judge William Hawley Atwell Chair of Constitutional Law. He previously served as the Charles J. and Inez Wright Murray Distinguished Visiting Professor of Law at SMU, teaching Constitutional Law I as well as LGBT Rights and the Law. This fall he will teach Constitutional Law II.
Prior to joining SMU, Professor Carpenter taught for 16 years at the University of Minnesota, where he served as a Distinguished University Teaching Professor and the Earl R. Larson Professor of Civil Rights and Civil Liberties Law. He won multiple teaching awards. He is also an editor of Constitutional Commentary.
The Texas native received his B.A. degree in history, magna cum laude, from Yale College and received his J.D., with honors, from the University of Chicago Law School, where he was editor-in-chief of the University of Chicago Law Review. After serving as a law clerk for Fifth Circuit Judge Edith Jones, he practiced at the firms Vinson & Elkins LLP in Houston, and at Howard, Rice, Nemerovski, Canady, Falk & Rabkin, P.C. in San Francisco.
As the author of numerous articles and an award-winning book —FLAGRANT CONDUCT: THE STORY OF LAWRENCE V. TEXAS (W.W. Norton & Co., 2012), about the landmark U.S. Supreme Court case that invalidated America's sodomy laws — he is often asked by the media to comment on constitutional law, the First Amendment, and LGBT Rights and the Law. Since 2005, he has been an active blogger on the popular legal blog, The Volokh Conspiracy, which is hosted by the Washington Post.
Frederick A. Whitney Professor of Contract Law and Director, Center for Law and Religion, St. John's University School of Law
Professor Movsesian is the Frederick A. Whitney Professor of Contract Law and the Director of the Center for Law and Religion. He writes in law and religion, contracts and international and comparative law; his articles have appeared in the Harvard, North Carolina, and Washington & Lee Law Reviews, the Oxford Journal of Law and Religion, the American Journal of International Law, the Harvard International Law Journal, the Virginia Journal of International Law, and many others. He has been a visiting professor at Notre Dame and Cardozo Law Schools and has delivered papers at numerous workshops in the United States and Europe. He teaches offerings in contracts, comparative law and law and religion.
Professor Movsesian graduated summa cum laude from Harvard College and magna cum laude from Harvard Law School. In law school, he was an editor of the Harvard Law Review and a recipient of the Sears Prize, awarded to the two highest-ranking students in the second-year class. He clerked for Justice David H. Souter of the Supreme Court of the United States and served as an attorney-advisor in the Office of Legal Counsel at the United States Department of Justice. Before starting at St. John's, he was the Max Schmertz Distinguished Professor of Law at Hofstra.
Professor Movsesian blogs regularly at the Law and Religion Forum.
Associate Professor of Legal Studies & Business Ethics, University of Pennsylvania The Wharton School
Presiding Disciplinary Judge, Arizona Supreme Court
Margaret H. Downie is the Presiding Disciplinary Judge for the Arizona Supreme Court — presiding over formal attorney discipline, disability, and reinstatement proceedings. Judge Downie previously served as Executive Director of the Arizona Commission on Judicial Conduct and Staff Director of the Arizona Supreme Court’s Judicial Ethics Advisory Committee. From 2008 to 2017, Judge Downie was a judge on the Arizona Court of Appeals, Division One. Prior to that, she spent 11 years on the Maricopa County Superior Court, where she was Associate Presiding Judge and Civil Presiding Judge.
Judge Downie graduated with a B.A. degree, magna cum laude, from the University of Arkansas at Little Rock. She received her J.D. degree, magna cum laude, from Georgetown University in Washington, D.C. After law school, Judge Downie worked in the civil litigation department of Jennings, Strouss & Salmon in Phoenix. Thereafter, she spent almost ten years in the lawyer regulation department of the State Bar of Arizona, ultimately serving as Chief Bar Counsel.
Shareholder, Greenberg Traurig
Greenberg Traurig Phoenix Litigation chair Andy Halaby advises clients on professional responsibility and related matters, including discipline defense, disqualification, and lawyer liability matters, as well as issues and opportunities arising from Arizona’s Alternative Business Structure (ABS) law. He has served on the Arizona Supreme Court's Task Forces on Lawyer Ethics, Professionalism, and the Unauthorized Practice of Law, and Judicial Performance Review, and chaired the State Bar of Arizona's Conflict Case Committee. Andy also practices extensively in intellectual property litigation. A former professional engineer registered with the United States Patent and Trademark Office, Andy has served as lead counsel in dozens of patent infringement and other IP matters. His published work has been cited in, among other things, treatises on intellectual property law, remedies, evidence, professional responsibility and the First Amendment, as well as in numerous scholarly articles. He has taught multiple semesters of Professional Responsibility, Patent Litigation, and other courses at the Sandra Day O’Connor College of Law at Arizona State University.
Judge, Arizona Court of Appeals, Division One
The Honorable Jennifer M. Perkins began service on the Arizona Court of Appeals, Division One, on October 30, 2017. At the time of her appointment by Governor Douglas Ducey, Judge Perkins was Assistant Solicitor General for the State of Arizona.
Judge Perkins was born in Portales, New Mexico, and primarily raised in Albuquerque. She attended the prestigious Albuquerque Academy from 1988-1995, before moving to Washington D.C. to attend the Elliott School of International Affairs at the George Washington University as a National Merit Scholar. Therafter, she relocated again to Dallas, Texas, and earned her juris doctor from the SMU Dedman School of Law, graduating cum laude in 2002.
Judge Perkins started her career at the law firm of Browning & Peifer (now Peifer, Hanson, Mullins, and Baker) in Albuquerque, New Mexico. While there, she litigated complex commercial matters including class action plaintiff and defense work, and assisted with employment and contract litigation. In 2003, the judge accompanied the Honorable James O. Browning in transitioning to the federal district court bench, serving as his first law clerk.
After her clerkship, Judge Perkins moved to Arizona to work for the Institute for Justice, Arizona Chapter, a public interest law firm. She spent five years with IJ-AZ litigating civil rights cases in Arizona and across the country. In 2009, the judge became Disciplinary Counsel for the Arizona Commission on Judicial Conduct, where she reviewed and prosecuted ethics complaints against state court judges throughout Arizona. After five years serving the state in this capacity, Judge Perkins entered private practice by joining an appellate law firm in Phoenix. While there, she worked on state and federal appeals involving a wide range of legal subjects, including complex business disputes, property rights, judicial ethics, and personal injury matters.
In January 2015, Judge Perkins joined the Office of the Arizona Attorney General to serve as the first Assistant Solicitor General; in that capacity, she was responsible for oversight of Attorney General Opinions and served as ethics counsel to the entire office. In addition to these two primary roles, the judge assisted on a variety of matters including trial and appellate litigation of election-related matters; federal appellate litigation with the Federalism Unit; state criminal appeals; and drafting amicus briefs on behalf of Arizona in state and federal courts.
Presiding Disciplinary Judge, Arizona Supreme Court
Margaret H. Downie is the Presiding Disciplinary Judge for the Arizona Supreme Court — presiding over formal attorney discipline, disability, and reinstatement proceedings. Judge Downie previously served as Executive Director of the Arizona Commission on Judicial Conduct and Staff Director of the Arizona Supreme Court’s Judicial Ethics Advisory Committee. From 2008 to 2017, Judge Downie was a judge on the Arizona Court of Appeals, Division One. Prior to that, she spent 11 years on the Maricopa County Superior Court, where she was Associate Presiding Judge and Civil Presiding Judge.
Judge Downie graduated with a B.A. degree, magna cum laude, from the University of Arkansas at Little Rock. She received her J.D. degree, magna cum laude, from Georgetown University in Washington, D.C. After law school, Judge Downie worked in the civil litigation department of Jennings, Strouss & Salmon in Phoenix. Thereafter, she spent almost ten years in the lawyer regulation department of the State Bar of Arizona, ultimately serving as Chief Bar Counsel.
Shareholder, Greenberg Traurig
Greenberg Traurig Phoenix Litigation chair Andy Halaby advises clients on professional responsibility and related matters, including discipline defense, disqualification, and lawyer liability matters, as well as issues and opportunities arising from Arizona’s Alternative Business Structure (ABS) law. He has served on the Arizona Supreme Court's Task Forces on Lawyer Ethics, Professionalism, and the Unauthorized Practice of Law, and Judicial Performance Review, and chaired the State Bar of Arizona's Conflict Case Committee. Andy also practices extensively in intellectual property litigation. A former professional engineer registered with the United States Patent and Trademark Office, Andy has served as lead counsel in dozens of patent infringement and other IP matters. His published work has been cited in, among other things, treatises on intellectual property law, remedies, evidence, professional responsibility and the First Amendment, as well as in numerous scholarly articles. He has taught multiple semesters of Professional Responsibility, Patent Litigation, and other courses at the Sandra Day O’Connor College of Law at Arizona State University.
Judge, Arizona Court of Appeals, Division One
The Honorable Jennifer M. Perkins began service on the Arizona Court of Appeals, Division One, on October 30, 2017. At the time of her appointment by Governor Douglas Ducey, Judge Perkins was Assistant Solicitor General for the State of Arizona.
Judge Perkins was born in Portales, New Mexico, and primarily raised in Albuquerque. She attended the prestigious Albuquerque Academy from 1988-1995, before moving to Washington D.C. to attend the Elliott School of International Affairs at the George Washington University as a National Merit Scholar. Therafter, she relocated again to Dallas, Texas, and earned her juris doctor from the SMU Dedman School of Law, graduating cum laude in 2002.
Judge Perkins started her career at the law firm of Browning & Peifer (now Peifer, Hanson, Mullins, and Baker) in Albuquerque, New Mexico. While there, she litigated complex commercial matters including class action plaintiff and defense work, and assisted with employment and contract litigation. In 2003, the judge accompanied the Honorable James O. Browning in transitioning to the federal district court bench, serving as his first law clerk.
After her clerkship, Judge Perkins moved to Arizona to work for the Institute for Justice, Arizona Chapter, a public interest law firm. She spent five years with IJ-AZ litigating civil rights cases in Arizona and across the country. In 2009, the judge became Disciplinary Counsel for the Arizona Commission on Judicial Conduct, where she reviewed and prosecuted ethics complaints against state court judges throughout Arizona. After five years serving the state in this capacity, Judge Perkins entered private practice by joining an appellate law firm in Phoenix. While there, she worked on state and federal appeals involving a wide range of legal subjects, including complex business disputes, property rights, judicial ethics, and personal injury matters.
In January 2015, Judge Perkins joined the Office of the Arizona Attorney General to serve as the first Assistant Solicitor General; in that capacity, she was responsible for oversight of Attorney General Opinions and served as ethics counsel to the entire office. In addition to these two primary roles, the judge assisted on a variety of matters including trial and appellate litigation of election-related matters; federal appellate litigation with the Federalism Unit; state criminal appeals; and drafting amicus briefs on behalf of Arizona in state and federal courts.
Senior Associate Legal Fellow, The Buckeye Institute
Alex M. Certo is a Senior Associate Legal Fellow at The Buckeye Institute. In this role, Certo advances Buckeye’s public policy efforts by litigating cases that protect individuals’ rights and by contributing to more than 75 amicus briefs filed with the U.S. Supreme Court, as well as dozens of amicus briefs in state and lower federal courts. Additionally, Certo supports Buckeye’s policy work by analyzing the legal implications of proposed and pending legislation and by testifying before Ohio legislative committees.
Certo has been a member of the Federalist Society since 2019 and currently serves on the board of the Columbus Lawyers chapter, where he is vice president.
Certo’s legal experience includes working as a judicial extern for the Supreme Court of Ohio and as a summer extern in the Investigations Division of the Allegheny County District Attorney’s Office. Certo also worked as a law clerk for Agee, Clymer, Mitchell & Portman in Columbus, Ohio, focusing on workers’ compensation litigation.
Certo received his bachelor’s degree from Slippery Rock University and his Juris Doctor (magna cum laude) from Capital University Law School. In law school, Certo served on the associate board of the Capital University Law Review and competed on the Child Welfare and Adoption Law Moot Court team. Certo was the president of Capital’s Federalist Society chapter and vice president of the Labor and Employment Law Association. Certo also served as a teaching assistant for Capital’s Second Amendment course and a research assistant for a pair of faculty-written articles on public safety. Certo was awarded the CALI Excellence for the Future Award in Patent Law and the Ronald I. Friedman Memorial Service Award, and he was inducted into The Order of Barristers.
Before law school, Certo worked as a staff accountant. His work focused on preparing individual and small business tax filings and assisting small business owners with daily accounting needs.
Litigation Fellow, Institute for Justice
Vice President for Legal Affairs, Goldwater Institute
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.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Thomas Smith Senior Research Fellow, The Civitas Institute, University of Texas at Austin
John Yoo is the Emanuel Heller Professor of Law at the University of California at Berkeley. He is also the Thomas Smith Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War; Point of Attack: Preventive War, International Law, and Global Welfare; and Crisis and Command: A History of Executive Power from George Washington to George Bush.
He is a co-author of volumes 1 and 2 of R. Rossum, G. Tarr, V. Munoz & J. Yoo American Constitution Law (Routledge, 2026), and a co-editor of the eight-volume series on the 250th anniversary of the American Revolution, We Hold These Truths, with Yuval Levin and Adam White of the American Enterprise Institute.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at the University of Texas at Austin’s School of Civic Leadership, Seoul National University, the Interdisciplinary Center Herzliya, Keio University, Trento University, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of Founding Forward, the Washington Legal Foundation, the Pacific Legal Foundation, the Ulysses Grant Institute, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and the Heritage Foundation’s Edwin Meese III Originalism Lectureship.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
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.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Thomas Smith Senior Research Fellow, The Civitas Institute, University of Texas at Austin
John Yoo is the Emanuel Heller Professor of Law at the University of California at Berkeley. He is also the Thomas Smith Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War; Point of Attack: Preventive War, International Law, and Global Welfare; and Crisis and Command: A History of Executive Power from George Washington to George Bush.
He is a co-author of volumes 1 and 2 of R. Rossum, G. Tarr, V. Munoz & J. Yoo American Constitution Law (Routledge, 2026), and a co-editor of the eight-volume series on the 250th anniversary of the American Revolution, We Hold These Truths, with Yuval Levin and Adam White of the American Enterprise Institute.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at the University of Texas at Austin’s School of Civic Leadership, Seoul National University, the Interdisciplinary Center Herzliya, Keio University, Trento University, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of Founding Forward, the Washington Legal Foundation, the Pacific Legal Foundation, the Ulysses Grant Institute, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and the Heritage Foundation’s Edwin Meese III Originalism Lectureship.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Luncheon Discussion: Free Speech vs. Non-Discrimination: A Discussion on 303 Creative
Dale A. Carpenter, Mark Movsesian, Amy Sepinwall
303 Creative v. Elenis, which the U.S. Supreme Court decided last term, is the most...
Topics
What Do the NLRB’s Administrative Law Judges’ Decisions Tell Us About the Fairness of the Board’s Procedures?
Twenty-three of the National Labor Relations Board’s 36 Administrative Law Judges (64%) were Board attorneys...
Topics
Legislative Lessons from Cutting Procedural Corners
Concerns about the approach taken on well-intentioned legislation led to House Judiciary Committee Chairman Jim...
Ethics CLE 2023: Recent Developments in Legal Ethics & Professional Responsibility
Margaret H. Downie, Andrew Halaby, Jennifer Perkins
CLE credit for this event is available at On-Demand CLE. In this CLE webinar, Judge Jennifer...
Ethics CLE 2023: Recent Developments in Legal Ethics & Professional Responsibility
Margaret H. Downie, Andrew Halaby, Jennifer Perkins
CLE credit for this event is available at On-Demand CLE. In this CLE webinar, Judge Jennifer...
Ohio Law Allowing Judges to Impose Indefinite Sentences Upheld at State Supreme Court
Alex Certo
In State v. Hacker,[1] the Ohio Supreme Court upheld, by a 5-2 decision, the constitutionality...
Georgia Supreme Court Rejects Sex Offender Registration Challenge, Re-Affirms Originalism Commitment
Nicholas DeBenedetto
In May, the Supreme Court of Georgia unanimously rejected a facial and as-applied challenge to...
Dram-Shop Liability and the State Constitution at the Arizona Supreme Court
Timothy Sandefur
The Arizona Supreme Court made surprisingly quick work of what at first appeared to be...
Conservatives Talk Presidential Power: End of Year Update on Trials, Impeachment, and Immunities
John G. Malcolm, John C. Yoo
As 2023 comes to a close, John Malcolm and John Yoo continue their discussion of...
Conservatives Talk Presidential Power: End of Year Update on Trials, Impeachment, and Immunities
John G. Malcolm, John C. Yoo
As 2023 comes to a close, John Malcolm and John Yoo continue their discussion of...