Professor Emeritus of Strategic Management and Public Policy, School of Business, The George Washington University
Howard Beales teaches in the School of Business at the George Washington University, where he has been since 1988. His research interests include a wide variety of consumer protection regulatory issues, including privacy, law and economics, and the regulation of advertising. He has published numerous articles addressing these issues in academic journals.
From 2001 through 2004, Dr. Beales served as the Director of the Bureau of Consumer Protection at the Federal Trade Commission. In that capacity, he was instrumental in redirecting the FTC’s privacy agenda to focus on the consequences of the use and misuse of consumer information. During his tenure, the Commission proposed, promulgated, and implemented the national Do Not Call Registry. He also worked with Congress and the Administration to develop and implement the Fair and Accurate Credit Transactions Act of 2003, and testified before Congress on numerous occasions. His aggressive law enforcement program produced the largest redress orders in FTC history and attacked high volume frauds promoted through heavy television advertising.
Dr. Beales also worked at the FTC from 1977 to 1987, as a staff economist, Assistant to the Director of the Bureau of Consumer Protection, Associate Director for Policy and Evaluation, and Acting Deputy Director. In 1987-88, he was the Chief of the Human Resources and Housing Branch of the Office of Information and Regulatory Affairs in the Office of Management and Budget.
Howard Beales received his Ph.D. in economics from the University of Chicago in 1978. He graduated magna cum laude from Georgetown University with a B.A. in Economics in 1972.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Of Counsel, Covington & Burling LLP
The Honorable Paul J. Ray is currently Of Counsel at Covington & Burling LLP where he advises clients on regulatory opportunities and challenges and helps them formulate and execute advocacy strategies for their regulatory policy priorities before the executive branch and Congress.
During the first Trump Administration, Paul held various senior positions at the Office of Information and Regulatory Affairs (OIRA) within the White House’s Office of Management and Budget, including as acting, and then Senate-confirmed, head of the office. As OIRA Administrator (the "regulations czar"), Paul supervised the review of hundreds of regulations from across the government, drafted numerous executive orders governing the regulatory process, and led the Administration’s regulatory reform effort. As a result of this experience, Paul is well-positioned to help clients understand and achieve regulatory policy priorities in the context of the government’s regulatory agenda and ongoing reform efforts.
Most recently, Paul was also the Director of the Roe Institute for Economic Policy Studies at The Heritage Foundation. In that role, he supervised the formulation of the Foundation’s economic and regulatory policy recommendations and provided technical assistance to congressional committees and staff regarding legislative changes to the regulatory process. In addition to his role at The Heritage Foundation, Paul also served as a Senior Advisor at a strategic advisory firm. Before his time in government, Paul practiced law at a law firm in Washington, specializing in administrative law matters.
Prior to his role at the White House, Paul was Counselor to the Secretary at the U.S. Department of Labor. There he led departmental efforts in high-profile rulemakings and helped formulate the Department’s legal positions and strategy.
Paul served as a law clerk to Supreme Court Justice Samuel Alito and as a law clerk to the Honorable Debra Livingston of the U.S. Court of Appeals for the Second Circuit.
Paul is a thought leader in the conservative legal movement and is a frequent commentator and speaker on regulatory policy and reform matters, including at law schools, professional gatherings, and other venues. He is the Chairman of Innovations in Peacebuilding International and the Regulatory Process Working Group of the Federalist Society’s Regulatory Transparency Project and a public member of the Administrative Conference of the United States. Paul is also an adjunct lecturer at the Hillsdale College School of Government.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
Program Director and Faculty, National Institute for Trial Advocacy
Henry Su is a seasoned trial lawyer, teacher, and thought leader whose legal work has focused on what he calls the “three A’s”—Antitrust, Advocacy, and Access to Justice.
Based in Washington, DC, he has spent the bulk of his career practicing in the fields of antitrust, consumer protection, intellectual property, and technology law, which are critical to ensuring that we all continue to enjoy the benefits of competition and innovation. He provides a unique combination of experience and expertise in (1) law enforcement, regulation, legislation, and policymaking—as a former senior official with the U.S. Federal Trade Commission (FTC) for nearly seven years, and (2) technology, innovation, business strategy, and startup activity—as a Silicon Valley-based senior litigator for nearly ten years.
His government service at the FTC included two stints as a senior trial lawyer in the agency’s Bureau of Competition (January 2013 to February 2015, February 2017 to August 2017), litigating merger and conduct cases (e.g., St. Luke’s/Saltzer, 1-800 Contacts) and participating in the investigation of several others. Additionally, he served as an attorney advisor to Commissioner J. Thomas Rosch (January 2011 to January 2013) and Chairwoman Edith Ramirez (February 2015 to February 2017), providing advice and counsel to each Commissioner on a wide range of antitrust and competition matters, topics, and issues.
A veteran member of the American Bar Association (ABA) Antitrust Law Section’s leadership, he currently serves as a member of the governing Council and as co-chair of the Antitrust Fall Forum. He is also a member of the U.S. Advisory Board of the Institute for Consumer Antitrust Studies at the Loyola University Chicago School of Law.
He is a longtime program director and faculty member with the National Institute for Trial Advocacy (NITA), a nonprofit organization that has been dedicated since 1971 to the training and development of effective and ethical courtroom advocates, who are essential to preserving and improving our adversarial system of justice. His teaching runs the gamut of NITA’s programming—from trainings on trial, motion, and deposition practice to webcasts and podcasts on topics like evidentiary foundations and lawyer well-being. In 2021 he was recognized by NITA for his outstanding service as faculty with the 2020 Hon. Robert E. Keeton Award. He is also a Senior Fellow of the Litigation Counsel of America.
When it comes to trial and appellate work, he deeply appreciates the value of “learning by doing.” Some skills cannot be effectively acquired or developed except through practice, as he found out when he cut his teeth handling criminal and civil cases pending in the United States District Court for the Eastern District of Virginia—the original “Rocket Docket.” He wishes he had known some of the NITA techniques and drills when he was a junior lawyer. That is a big reason why nowadays he does his part to make NITA training widely available to upcoming generations of lawyers through programs, including public service courses, offered around the country.
Last but not least, he chairs the ABA Standing Committee on Pro Bono and Public Service, whose mission is to ensure access to justice through the expansion and enhancement of the delivery of legal and other law-related services to the underserved through volunteer efforts of legal professionals nationwide. He strives to lead by example, participating for instance as a volunteer attorney with ABA Free Legal Answers. In 2021 he was recognized as an ABA Free Legal Answers 2020 Pro Bono Leader for his pro bono service. He also serves on the Virginia State Bar’s Access to Legal Services Committee, and he is a Patron Fellow of the American Bar Foundation.
He graduated cum laude from Yale University with a B.S. degree in Biology, and then attended the University of Virginia School of Law, where he earned a J.D. degree and received the John M. Olin Prize in Law and Economics. He is a member of the California, District of Columbia, and Virginia bars.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Dean, Delaware Law School
Dean Todd Clark is Dean of Delaware Law School. He joins Delaware Law School after serving as Associate Dean of Academic Affairs & Professor of Law at St. Thomas University Benjamin L. Crump College of Law. Before St. Thomas, Dean Clark was Professor of Law at North Carolina Central University School of Law where he taught Business Associations, Contracts, Corporate Justice, Employment Discrimination, and Hip Hop, Law & Justice. At NCCU, he also served on the ABA Compliance team and was the Director of the Justice in the Practice of Law Certificate Program and the Director of New Initiatives. Before that, Dean Clark was a Lecturer in Law at West Virginia University College of Law, where he taught Legal Writing and Appellate Advocacy.
Dean Clark earned his B.A. in Political Science from Wittenberg University, his M.B.A. from West Virginia University College of Business and Economics, and his J.D. from University of Pittsburgh School of Law. Following his graduation from law school, he practiced law at the law firm of Steptoe & Johnson.
His scholarship includes a book, CORPORATE JUSTICE (Carolina Academic Press), as well as numerous law review articles and other scholarship on social justice, corporate discretion, and sexual harassment. He is currently working on a casebook on Sports Law.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Devon Westhill is the Assistant Secretary for Civil Rights at the U.S. Department of Agriculture. The U.S. Senate confirmed President Donald Trump’s nomination of Westhill on October 7, 2025.
Westhill returns to the USDA where he previously headed the civil rights office as Deputy Assistant Secretary in President Trump’s first term. His previous government appointments also include service at the U.S. Department of Labor, liaison to the Administrative Conference of the U.S., and liaison to the White House Initiative on Historically Black Colleges and Universities. Prior to returning to government service, Westhill was President and General Counsel of a nonprofit civil rights organization.
Westhill has testified on civil rights matters before Congress, federal agencies, and as an expert witness in federal court. He has spoken hundreds of times at college campuses, conferences, and on radio and TV programs, and he is frequently quoted in print publications, and his writing has appeared in numerous national outlets. A U.S. Navy veteran, Westhill earned his BA from the University of North Carolina at Chapel Hill and his JD from the University of Florida.
Dean, Delaware Law School
Dean Todd Clark is Dean of Delaware Law School. He joins Delaware Law School after serving as Associate Dean of Academic Affairs & Professor of Law at St. Thomas University Benjamin L. Crump College of Law. Before St. Thomas, Dean Clark was Professor of Law at North Carolina Central University School of Law where he taught Business Associations, Contracts, Corporate Justice, Employment Discrimination, and Hip Hop, Law & Justice. At NCCU, he also served on the ABA Compliance team and was the Director of the Justice in the Practice of Law Certificate Program and the Director of New Initiatives. Before that, Dean Clark was a Lecturer in Law at West Virginia University College of Law, where he taught Legal Writing and Appellate Advocacy.
Dean Clark earned his B.A. in Political Science from Wittenberg University, his M.B.A. from West Virginia University College of Business and Economics, and his J.D. from University of Pittsburgh School of Law. Following his graduation from law school, he practiced law at the law firm of Steptoe & Johnson.
His scholarship includes a book, CORPORATE JUSTICE (Carolina Academic Press), as well as numerous law review articles and other scholarship on social justice, corporate discretion, and sexual harassment. He is currently working on a casebook on Sports Law.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Devon Westhill is the Assistant Secretary for Civil Rights at the U.S. Department of Agriculture. The U.S. Senate confirmed President Donald Trump’s nomination of Westhill on October 7, 2025.
Westhill returns to the USDA where he previously headed the civil rights office as Deputy Assistant Secretary in President Trump’s first term. His previous government appointments also include service at the U.S. Department of Labor, liaison to the Administrative Conference of the U.S., and liaison to the White House Initiative on Historically Black Colleges and Universities. Prior to returning to government service, Westhill was President and General Counsel of a nonprofit civil rights organization.
Westhill has testified on civil rights matters before Congress, federal agencies, and as an expert witness in federal court. He has spoken hundreds of times at college campuses, conferences, and on radio and TV programs, and he is frequently quoted in print publications, and his writing has appeared in numerous national outlets. A U.S. Navy veteran, Westhill earned his BA from the University of North Carolina at Chapel Hill and his JD from the University of Florida.
Explainer Episode 54 – Examining the Biden Administration's Proposed Changes to Cost-Benefit Analysis
J. Howard Beales III, Karen Harned, Paul J. Ray
Regulatory Transparency Project's Fourth Branch Podcast
On April 6, 2023, the Biden Administration announced two new efforts to "modernize regulatory review"...
Topics
HHS Proposes Special HIPAA Privacy Rules for “Reproductive Health Care” Information
In accord with the Biden administration’s pro-abortion agenda, the U.S. Department of Health and Human...
Courthouse Steps Decision: Gonzalez v. Google & Twitter, Inc. v. Taamneh
Erik S. Jaffe
On Thursday, May 18, 2023, the Supreme Court issued opinions in Gonzalez v. Google and...
Courthouse Steps Decision: Gonzalez v. Google & Twitter, Inc. v. Taamneh
Erik S. Jaffe
On Thursday, May 18, 2023, the Supreme Court issued opinions in Gonzalez v. Google and...
Topics
Remembering C. Boyden Gray: 1943 – 2023
We are deeply saddened by the passing of Boyden Gray. He was a wonderful man,...
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A Bug in the Logic: Regulators try to solve the workplace “AI problem” before finding any problem to solve
Earlier this month, the Biden administration published a “request for information” on artificial intelligence in...
Originalism Carries On
Donald A. Daugherty
Federalist Society Review, Volume 24
A review of Erwin Chemerinsky, A Momentous Year in the Supreme Court: October Term 2021...
Axon v. Federal Trade Commission - Post-Decision SCOTUScast
Henry Su, Ronald A. Cass
Ronald A. Cass, Henry Su
On April 14, 2023, the Supreme Court issued its ruling in Axon Enterprise, Inc. v....
Higher Ed & DEI
Todd Clark, Ilya Shapiro, Devon Westhill
In recent years, American organizations of all kinds have dedicated resources towards diversity, equity, and...
Higher Ed & DEI
Todd Clark, Ilya Shapiro, Devon Westhill
In recent years, American organizations of all kinds have dedicated resources towards diversity, equity, and...