Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
Vice President & Senior Counsel, Becket
Luke Goodrich is the author of Free to Believe: The Battle over Religious Liberty in America and vice president and senior counsel at the Becket Fund for Religious Liberty.
While at Becket, Luke has argued and won precedent-setting cases in the Third, Fifth, Seventh, Ninth, and Eleventh Circuits, and has helped Becket win four major Supreme Court cases in the last seven years: including victories for the Little Sisters of the Poor and Hobby Lobby against the contraception mandate, a victory for a Muslim prisoner under the Religious Land Use and Institutionalized Persons Act, and a unanimous victory in the Supreme Court’s first decision ever on the ministerial exception, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”
He frequently discusses religious freedom on networks such as CNN, Fox News, ABC, and NPR, and in publications like the Wall Street Journal, USA Today, and New York Times magazine. He also serves as an adjunct professor at the University of Utah S.J. Quinney College of Law, where he teaches constitutional law.
Before joining Becket, he clerked for Judge Michael W. McConnell on the U.S. Court of Appeals for the Tenth Circuit and graduated from the University of Chicago Law School with high honors as a member of the Law Review and the Order of the Coif.
Trial Attorney, Civil Rights Division, United States Department of Justice (incoming)
Adam Griffin is a graduate of the University of North Carolina School of Law. During law school, he served as a research assistant to Professor Stephen E. Sachs and UNC Law Dean Martin Brinkley. After law school, he spent two years litigating for liberty at the Institute for Justice as an inaugural Law and Liberty Fellow. He served as a law clerk to Chief Judge Richard E. Myers in the United States District Court for the Eastern District of North Carolina, and is now a separation-of-powers attorney at Pacific Legal Foundation.
Professor of Law, Northwestern University Pritzker School of Law
Joshua Kleinfeld teaches and writes about political, legal, and moral philosophy, criminal law, and criminal procedure. He also practices law in Northwestern's Juvenile Criminal Defense Clinic. He is a full professor with tenure at the Northwestern Pritzker School of the Law and (by courtesy) in Northwestern’s philosophy department. In 2017-18, he was a visiting professor at Harvard and Stanford Law Schools. He is the recipient of the Bator Award, given annually to one American law professor under the age of 40 who has demonstrated "excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact."
In philosophy, Kleinfeld's research focuses on the idea of "embodied ethical life," as developed in the socio-theoretic tradition of Hegel, Weber, and Durkheim. This tradition aims to understand and critique social life by bringing to light the normative ideas implicit in social practices and institutions. In law, this means that the most interesting philosophical concepts are often those reflected or actualized in legal practice – in the law as judges and lawyers think of it and wield it.
In criminal law and procedure, Kleinfeld has developed a theory known as "reconstructivism," which holds that the chief office of criminal law is not to dole out retributive justice, nor to optimize crime and cost control, but to reconstruct a violated normative order in the wake of a crime. This work, which draws on the thought of Hegel, Durkheim, Jean Hampton, and Antony Duff, develops an alternative to retributive and utilitarian theories of criminal law by focusing on the distinctive social function and sense of justice at work in the criminal system.
Kleinfeld is also involved in practical criminal justice reform. In this vein, he defends children accused of homicide in the Northwestern Juvenile Criminal Defense clinic and assists in litigation efforts meant to reform American criminal law through the courts. He has also developed a view of criminal justice reform known as "democratization," which holds that the root of the American criminal justice crisis is a set of bureaucratic attitudes, structures, and incentives divorced from the American public’s concerns and sense of justice, and that the primary solution is to make criminal justice more community-focused and responsive to lay influences. Working with others, he has developed a number of policy proposals meant to reform American criminal justice in a democratic direction.
Kleinfeld holds a JD from Yale Law School, a PhD in philosophy from the Goethe University of Frankfurt (supervised by Axel Honneth, Klaus Günther, and Rainer Forst), and a BA in philosophy from Yale College. He clerked for Judge J. Harvie Wilkinson on the United States Court of Appeals for the Fourth Circuit; Judge Janice Rogers Brown on the United States Court of Appeals for the D.C. Circuit; and President (chief justice) Aharon Barak of the Supreme Court of Israel. He worked as an Associate at Debevoise & Plimpton LLP in Frankfurt, Germany, in the area of corporate criminal law. Before law school, he worked as a Senior Research Analyst at the White House’s Council on Bioethics.
Director of Research, American Economic Liberties Project
Matt Stoller is a public intellectual who writes about the American anti-monopoly
tradition. He is the author of the Simon and Schuster book Goliath: The Hundred Year
War Between Monopoly Power and Democracy. Stoller is the Director of Research at
the American Economic Liberties Project. He publishes an email newsletter called BIG.
Stoller is a former policy advisor to the Senate Budget Committee, and worked in the House of Representatives on the Dodd–Frank Wall Street Reform Act.
He has lectured on competition policy and media at Columbia University, Harvard Law, Duke Law, Bertelsmann Foundation, Vrije Universiteit Brussel, West Point and the National Communications Commission of Taiwan. His writing has appeared in the Washington Post, the New York Times, Fast Company, Foreign Policy, the Guardian, Vice, The American Conservative, and the Baffler.
He has also produced for MSNBC and starred in a short-lived television show on FX called Brand X with Russell Brand.
Associate Professor of Law, Ave Maria School of Law
Before arriving at Ave Maria School of Law, Professor Jennifer (Barrow) Jenkins was a Climenko Fellow and Lecturer on Law at Harvard University School of Law. Professor Barrow was born in Plymouth, Massachusetts, and grew up in Tampa, Florida. Professor Barrow received a B.S. in the American Legal System from the United States Military Academy at West Point. She served as an Army intelligence officer in Afghanistan and Iraq, receiving the Bronze Star in 2010. Professor Barrow is a graduate of Harvard Law School and was an editor for the International Law Journal, Journal of Law and Public Policy, Journal on Legislation, and the National Security Journal. After law school, Professor Barrow clerked for Judge Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. She then served as a Supreme Court Fellow, placed at the U.S. Sentencing Commission, where she helped revise a draft amendment to the career offender provision of the U.S. Sentencing Guidelines. Her primary teaching interests include criminal law and procedure, torts, and military law. Her scholarship focuses on criminal law and military law, with an emphasis on sentencing. Her research scrutinizes the increased power of the legislative, executive, and judicial branches at the expense of the jury and suggests reforms.
State Representative, Ohio House of Representatives, District 56
State Representative Adam Mathews is serving his second term in the Ohio House of Representatives. He represents the 56th Ohio House District, which encompasses southwest and central Warren County including Lebanon, South Lebanon, and Mason.
Rep. Mathews worked as a civilian engineer for the Naval Nuclear Propulsion Program before returning to Notre Dame to become an intellectual property attorney. He continues to practice and represents inventors, small businesses, and entrepreneurs. He formerly served as the Vice Mayor of Lebanon. The representative is also an intellectual property and corporate attorney, and that he is licensed and has appeared before the 9th Circuit Court of Appeals and the Supreme Court of the United States
Mathews is also very involved in his community. He has served as the Chairman of the Board of Directors for Elizabeth’s New Life Center, a network of pro-life women’s centers throughout Southwest Ohio. He also serves on the Board of Directors for the Cincinnati Federalist Society, St. Thomas More Society of Cincinnati, the Warren County Republican Party, and Kiwanis of Lebanon.
Mathews was formerly Chairman of the Intellectual Property Section of the Ohio State Bar Association, President of the Notre Dame Club of Dayton, and a member of the St. Francis de Sales Parish Council and Knights of Columbus. He currently serves on the Board of Directors for the Lebanon Area Chamber of Commerce.
He married his wife Amanda in 2011, and they live with their five children in Lebanon.
Partner, Taft Stettinius & Hollister
Robert McBride is the partner-in-charge of the Kentucky office of Taft Stettinius & Hollister. As a seasoned trial attorney, he is experienced in investigating and prosecuting a wide variety of criminal matters. As lead attorney, Bob prosecuted cases involving complex financial frauds, money laundering, federal tax violations, healthcare fraud, national security matters, violations of the Export Control Act, immigration, and human trafficking crimes, and public corruption. He also prosecuted narcotics trafficking organizations, firearms violations and crimes against children. As a prosecutor, Bob successfully tried many federal cases to jury verdict. Bob is also experienced in litigating forfeiture claims, habeas actions and appeals before the Sixth Circuit Court of Appeals.
Bob has a long record serving the United States as an attorney before entering private practice. He was an Assistant United States Attorney in the Eastern District of Kentucky for over 15 years. As an AUSA, Bob first chaired criminal jury trials in U.S. District Court and handled appeals before the Sixth Circuit Court of Appeals. Additionally, he was the District’s National Security Prosecutor and the Anti-Terrorism Advisory Council Coordinator. Bob also held several leadership positions. In 2006, he was assigned as the manager of the London Branch Office. Shortly thereafter, he was promoted to Criminal Chief and served in that position until January 2010. As Criminal Chief, Bob supervised the Criminal Division’s personnel and exercised oversight of all prosecutions in the District. More recently, he was the supervisor of the Ft. Mitchell Branch Office, where he handled a number of high profile investigations and prosecutions.
Bob also served in the United States Navy, Judge Advocate General’s Corps, for 10 years. His major assignments included senior prosecutor on the Island of Guam, Officer-in-Charge of a Detachment in New Orleans focusing on criminal defense, and Staff Judge Advocate, Recruit Training Command. Bob attained the rank of Lieutenant Commander. He was also an enlisted Combat Engineer in the Army National Guard.
Partner, Patrick Doerr
Mr. Rando has represented clients in matters involving computer hardware and software, silicon chip manufacturing, biotechnology, medical devices, pharmaceuticals, chemical compounds, food additives, alternative energy, AI, autonomous vehicles, blockchain, consumer electronics, communications, internet, and e-commerce. He has appeared in courts across the country, including the Southern and Eastern Districts of New York and multiple U.S. Courts of Appeals.
As appellate counsel, Mr. Rando has served as counsel of record or co-counsel in more than 30 amicus briefs filed before the U.S. Supreme Court and Federal Circuit on issues of patent law, statutory interpretation, separation of powers, and constitutional law. Noteworthy filings include eBay Inc. v. MercExchange (2006), Oil States v. Greene’s Energy (2017), American Axle v. Neapco (2021), Amgen v. Sanofi (2023), and Cellect v. Vidal (2024).
Mr. Rando is a Fellow of the Academy of Court-Appointed Masters, having served by judicial appointment as Special Master in numerous complex patent cases, including multi-day Markman hearings and post-discovery proceedings. He also serves as a court-appointed Mediator and Neutral in both patent and commercial disputes.
He has played an active role in judicial and legislative engagement. Mr. Rando co-developed and conducted lecture series for the SDNY and EDNY Patent Pilot Program Judges and Clerks, covering the America Invents Act and Section 101 eligibility post-Alice and Mayo. He represented both the Federal Bar Association (FBA) and New York Intellectual Property Law Association (NYIPLA) at the Tillis/Coons Section 101 Patent Reform Roundtable, and submitted written testimony to the U.S. Senate Judiciary Committee in 2019.
Mr. Rando is a former president of the NYIPLA (2023–2024) and has held nearly every leadership position in the organization. He also served as Chair of the FBA’s Intellectual Property Law Section and was a founding member and president of the FBA’s EDNY Chapter. He is a founding member of the Association of Amicus Counsel, and an active contributor to the Federalist Society IP Practice Group Executive Committee.
He frequently lectures at CLE programs, universities, and legal associations on IP, constitutional law, and appellate advocacy. He has been quoted extensively in publications such as Law360, Bloomberg Law, WIPR, and National Law Journal. His scholarly publications include articles in The Federal Lawyer, Touro Law Review, and IPWatchdog.
Vice President, Practice Groups, The Federalist Society
Frank Edwards Tyler Distinguished Professor of Law, University of Kansas School of Law
Stephen Ware is the author of four books, over 50 law review articles, and many other publications. His writings have been cited by the Supreme Court of the United States and in at least 36 other cases. Ware teaches and writes on: Arbitration, Mediation, and Alternative Dispute Resolution, Bankruptcy, Insolvency, and Debt Collection, Contracts and Commercial Law, and Judicial Selection, each with an international or comparative dimension.
Ware has testified before both houses of the U.S. Congress, several state legislatures and, as an expert witness, in court. He is a frequent guest lecturer and speaker at academic and professional conferences—having given such presentations throughout the U.S. and in several other countries. He has appeared on numerous television and radio stations and been quoted in The New York Times, Wall Street Journal, USA Today, Financial Times, National Law Journal and many other news outlets. He is an elected member of the American Law Institute (ALI) and has served, at various times in his career, on the editorial board of the Journal of Legal Education and as an arbitrator for the American Arbitration Association.
Associate Professor of Law, Ave Maria School of Law
Before arriving at Ave Maria School of Law, Professor Jennifer (Barrow) Jenkins was a Climenko Fellow and Lecturer on Law at Harvard University School of Law. Professor Barrow was born in Plymouth, Massachusetts, and grew up in Tampa, Florida. Professor Barrow received a B.S. in the American Legal System from the United States Military Academy at West Point. She served as an Army intelligence officer in Afghanistan and Iraq, receiving the Bronze Star in 2010. Professor Barrow is a graduate of Harvard Law School and was an editor for the International Law Journal, Journal of Law and Public Policy, Journal on Legislation, and the National Security Journal. After law school, Professor Barrow clerked for Judge Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. She then served as a Supreme Court Fellow, placed at the U.S. Sentencing Commission, where she helped revise a draft amendment to the career offender provision of the U.S. Sentencing Guidelines. Her primary teaching interests include criminal law and procedure, torts, and military law. Her scholarship focuses on criminal law and military law, with an emphasis on sentencing. Her research scrutinizes the increased power of the legislative, executive, and judicial branches at the expense of the jury and suggests reforms.
State Representative, Ohio House of Representatives, District 56
State Representative Adam Mathews is serving his second term in the Ohio House of Representatives. He represents the 56th Ohio House District, which encompasses southwest and central Warren County including Lebanon, South Lebanon, and Mason.
Rep. Mathews worked as a civilian engineer for the Naval Nuclear Propulsion Program before returning to Notre Dame to become an intellectual property attorney. He continues to practice and represents inventors, small businesses, and entrepreneurs. He formerly served as the Vice Mayor of Lebanon. The representative is also an intellectual property and corporate attorney, and that he is licensed and has appeared before the 9th Circuit Court of Appeals and the Supreme Court of the United States
Mathews is also very involved in his community. He has served as the Chairman of the Board of Directors for Elizabeth’s New Life Center, a network of pro-life women’s centers throughout Southwest Ohio. He also serves on the Board of Directors for the Cincinnati Federalist Society, St. Thomas More Society of Cincinnati, the Warren County Republican Party, and Kiwanis of Lebanon.
Mathews was formerly Chairman of the Intellectual Property Section of the Ohio State Bar Association, President of the Notre Dame Club of Dayton, and a member of the St. Francis de Sales Parish Council and Knights of Columbus. He currently serves on the Board of Directors for the Lebanon Area Chamber of Commerce.
He married his wife Amanda in 2011, and they live with their five children in Lebanon.
Partner, Taft Stettinius & Hollister
Robert McBride is the partner-in-charge of the Kentucky office of Taft Stettinius & Hollister. As a seasoned trial attorney, he is experienced in investigating and prosecuting a wide variety of criminal matters. As lead attorney, Bob prosecuted cases involving complex financial frauds, money laundering, federal tax violations, healthcare fraud, national security matters, violations of the Export Control Act, immigration, and human trafficking crimes, and public corruption. He also prosecuted narcotics trafficking organizations, firearms violations and crimes against children. As a prosecutor, Bob successfully tried many federal cases to jury verdict. Bob is also experienced in litigating forfeiture claims, habeas actions and appeals before the Sixth Circuit Court of Appeals.
Bob has a long record serving the United States as an attorney before entering private practice. He was an Assistant United States Attorney in the Eastern District of Kentucky for over 15 years. As an AUSA, Bob first chaired criminal jury trials in U.S. District Court and handled appeals before the Sixth Circuit Court of Appeals. Additionally, he was the District’s National Security Prosecutor and the Anti-Terrorism Advisory Council Coordinator. Bob also held several leadership positions. In 2006, he was assigned as the manager of the London Branch Office. Shortly thereafter, he was promoted to Criminal Chief and served in that position until January 2010. As Criminal Chief, Bob supervised the Criminal Division’s personnel and exercised oversight of all prosecutions in the District. More recently, he was the supervisor of the Ft. Mitchell Branch Office, where he handled a number of high profile investigations and prosecutions.
Bob also served in the United States Navy, Judge Advocate General’s Corps, for 10 years. His major assignments included senior prosecutor on the Island of Guam, Officer-in-Charge of a Detachment in New Orleans focusing on criminal defense, and Staff Judge Advocate, Recruit Training Command. Bob attained the rank of Lieutenant Commander. He was also an enlisted Combat Engineer in the Army National Guard.
Partner, Patrick Doerr
Mr. Rando has represented clients in matters involving computer hardware and software, silicon chip manufacturing, biotechnology, medical devices, pharmaceuticals, chemical compounds, food additives, alternative energy, AI, autonomous vehicles, blockchain, consumer electronics, communications, internet, and e-commerce. He has appeared in courts across the country, including the Southern and Eastern Districts of New York and multiple U.S. Courts of Appeals.
As appellate counsel, Mr. Rando has served as counsel of record or co-counsel in more than 30 amicus briefs filed before the U.S. Supreme Court and Federal Circuit on issues of patent law, statutory interpretation, separation of powers, and constitutional law. Noteworthy filings include eBay Inc. v. MercExchange (2006), Oil States v. Greene’s Energy (2017), American Axle v. Neapco (2021), Amgen v. Sanofi (2023), and Cellect v. Vidal (2024).
Mr. Rando is a Fellow of the Academy of Court-Appointed Masters, having served by judicial appointment as Special Master in numerous complex patent cases, including multi-day Markman hearings and post-discovery proceedings. He also serves as a court-appointed Mediator and Neutral in both patent and commercial disputes.
He has played an active role in judicial and legislative engagement. Mr. Rando co-developed and conducted lecture series for the SDNY and EDNY Patent Pilot Program Judges and Clerks, covering the America Invents Act and Section 101 eligibility post-Alice and Mayo. He represented both the Federal Bar Association (FBA) and New York Intellectual Property Law Association (NYIPLA) at the Tillis/Coons Section 101 Patent Reform Roundtable, and submitted written testimony to the U.S. Senate Judiciary Committee in 2019.
Mr. Rando is a former president of the NYIPLA (2023–2024) and has held nearly every leadership position in the organization. He also served as Chair of the FBA’s Intellectual Property Law Section and was a founding member and president of the FBA’s EDNY Chapter. He is a founding member of the Association of Amicus Counsel, and an active contributor to the Federalist Society IP Practice Group Executive Committee.
He frequently lectures at CLE programs, universities, and legal associations on IP, constitutional law, and appellate advocacy. He has been quoted extensively in publications such as Law360, Bloomberg Law, WIPR, and National Law Journal. His scholarly publications include articles in The Federal Lawyer, Touro Law Review, and IPWatchdog.
Vice President, Practice Groups, The Federalist Society
Frank Edwards Tyler Distinguished Professor of Law, University of Kansas School of Law
Stephen Ware is the author of four books, over 50 law review articles, and many other publications. His writings have been cited by the Supreme Court of the United States and in at least 36 other cases. Ware teaches and writes on: Arbitration, Mediation, and Alternative Dispute Resolution, Bankruptcy, Insolvency, and Debt Collection, Contracts and Commercial Law, and Judicial Selection, each with an international or comparative dimension.
Ware has testified before both houses of the U.S. Congress, several state legislatures and, as an expert witness, in court. He is a frequent guest lecturer and speaker at academic and professional conferences—having given such presentations throughout the U.S. and in several other countries. He has appeared on numerous television and radio stations and been quoted in The New York Times, Wall Street Journal, USA Today, Financial Times, National Law Journal and many other news outlets. He is an elected member of the American Law Institute (ALI) and has served, at various times in his career, on the editorial board of the Journal of Legal Education and as an arbitrator for the American Arbitration Association.
Litigation Update: Apache Stronghold v. United States Goes En Banc at the Ninth Circuit
Anthony J. Ferate, Luke Goodrich, Adam F. Griffin
This case presents an intersection between Native Americans’ free exercise rights and the Government’s power...
Topics
New Hampshire Supreme Court Rejects Medical Monitoring
The New Hampshire Supreme Court has issued a decision rejecting a claim for medical monitoring...
Open Minds: Who is Exercising Private Power and What Do They Control? Part 2
Joshua Kleinfeld, Matt Stoller
In the second part of this interview, Matt and Prof. Kleinfeld discuss the roots of...
Topics
ABA Approves Priorities for 118th Congress
The ABA held its Midyear Meeting February 1-6, 2023, in New Orleans, Louisiana. At the...
PG-15: FedSoc Study Break: Career Pathways to Antitrust Enforcement
The Federalist Society's Corporations, Securities & Antitrust Practice Group, Student Division & Texas A&M University School of...
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Bill Re-Introduced in Attempt to End Cuba Embargo
Earlier this month, the Freedom to Export to Cuba Act was re-introduced by a bipartisan...
Topics
Fact Sheet: Diversity & Inclusion Activities Under Title VI
The next debate in the culture is upon us, and it concerns Diversity, Equity, and...
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Four Things to Watch in Gonzalez v. Google
Many Americans have heard of Section 230 of the Communications Decency Act. Not many know...
A Seat at the Sitting - March 2023
Jennifer Jenkins, Adam Mathews, Robert K. McBride, Robert J. Rando, Elizabeth Slattery, Stephen J. Ware
The March Docket in 90 minutes or Less
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - March 2023
Jennifer Jenkins, Adam Mathews, Robert K. McBride, Robert J. Rando, Elizabeth Slattery, Stephen J. Ware
The March Docket in 90 minutes or Less
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...