Faculty Legal Defense Fund Fellow, The Foundation for Individual Rights and Expression
Josh earned his B.A. in political science from Wabash College, and his J.D. in 2019 from Indiana University Maurer School of Law. During law school, Josh was Executive Editor of the Indiana Journal of Law & Social Equality and president of the Environmental Law Society. He also completed clerkships with the ACLU of Indiana and the Indiana Office of the Attorney General. Prior to joining FIRE, Josh was the Law Fellow at the National Association of College and University Attorneys, where he closely studied the various legal issues involving institutions of higher education and wrote daily updates on the world of higher education law. Josh lives in Washington, D.C., and is a member of the Indiana bar. In his free time, Josh loves cycling, walking around the city with his wife and their dog, and rooting for the St. Louis Cardinals.
Faculty Legal Defense Fund Fellow, The Foundation for Individual Rights and Expression
Josh earned his B.A. in political science from Wabash College, and his J.D. in 2019 from Indiana University Maurer School of Law. During law school, Josh was Executive Editor of the Indiana Journal of Law & Social Equality and president of the Environmental Law Society. He also completed clerkships with the ACLU of Indiana and the Indiana Office of the Attorney General. Prior to joining FIRE, Josh was the Law Fellow at the National Association of College and University Attorneys, where he closely studied the various legal issues involving institutions of higher education and wrote daily updates on the world of higher education law. Josh lives in Washington, D.C., and is a member of the Indiana bar. In his free time, Josh loves cycling, walking around the city with his wife and their dog, and rooting for the St. Louis Cardinals.
Professor of Law and Chancellor’s Fellow, UC Davis School of Law
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).
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
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.
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
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.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Vice President of Legal Affairs, Beacon Center of Tennessee
Wen Fa is the Vice President of Legal Affairs at the Beacon Center of Tennessee. He also serves on Beacon’s senior leadership team. Wen leads Beacon’s legal department in its efforts to protect the constitutional rights of property owners, entrepreneurs, and other Americans in courts across the United States. Having immigrated to America from Beijing, Wen believes that property rights, economic liberty, and equality under the law are essential to a free society and strives to advance those principles through his work.
Before joining Beacon, Wen was a senior attorney with Pacific Legal Foundation, where he litigated numerous cases involving equality under the law, free speech, economic liberty, and property rights. Wen litigated two Supreme Court cases: Minnesota Voters Alliance v. Mansky, which vindicated the free speech rights of voters, and Cedar Point Nursery v. Hassid, which secured the property rights of agricultural businesses. Wen has also secured important victories for farmers standing up against a racially discriminatory federal farm loan forgiveness program and small business owners who fought back against racial preferences in small business grants.
In addition to litigation, Wen promotes liberty through speeches, debates, and op-eds. Wen testified before Congress in 2021 and has published numerous op-eds in newspapers such as the Wall Street Journal, the Hill, and San Francisco Chronicle. He has spoken about his work in podcasts, on television, and in speeches to students at Georgetown, Duke, and law schools around the country.
Wen graduated with a bachelor’s degree in finance from the University of Texas-Dallas, a master’s degree in political theory from the London School of Economics, where he studied under libertarian scholar Chandran Kukathas, and a law degree from the University of Michigan. Wen is licensed to practice law in California, Texas, and several federal courts, including the Supreme Court of the United States.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Vice President of Legal Affairs, Beacon Center of Tennessee
Wen Fa is the Vice President of Legal Affairs at the Beacon Center of Tennessee. He also serves on Beacon’s senior leadership team. Wen leads Beacon’s legal department in its efforts to protect the constitutional rights of property owners, entrepreneurs, and other Americans in courts across the United States. Having immigrated to America from Beijing, Wen believes that property rights, economic liberty, and equality under the law are essential to a free society and strives to advance those principles through his work.
Before joining Beacon, Wen was a senior attorney with Pacific Legal Foundation, where he litigated numerous cases involving equality under the law, free speech, economic liberty, and property rights. Wen litigated two Supreme Court cases: Minnesota Voters Alliance v. Mansky, which vindicated the free speech rights of voters, and Cedar Point Nursery v. Hassid, which secured the property rights of agricultural businesses. Wen has also secured important victories for farmers standing up against a racially discriminatory federal farm loan forgiveness program and small business owners who fought back against racial preferences in small business grants.
In addition to litigation, Wen promotes liberty through speeches, debates, and op-eds. Wen testified before Congress in 2021 and has published numerous op-eds in newspapers such as the Wall Street Journal, the Hill, and San Francisco Chronicle. He has spoken about his work in podcasts, on television, and in speeches to students at Georgetown, Duke, and law schools around the country.
Wen graduated with a bachelor’s degree in finance from the University of Texas-Dallas, a master’s degree in political theory from the London School of Economics, where he studied under libertarian scholar Chandran Kukathas, and a law degree from the University of Michigan. Wen is licensed to practice law in California, Texas, and several federal courts, including the Supreme Court of the United States.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Shareholder, Greenberg Traurig LLP
Troy A. Eid focuses his litigation, mediation and transactional practice on government enforcement, investigations and compliance, environmental law, energy and natural resource development, and Federal Indian law and Native American and Alaska Native tribal law. Troy is a trusted advocate and mediator in the Rocky Mountain West and in federal, state and tribal trial and appellate courtrooms across the country.
Director, Project for International Religious Liberty, Hudson Institute
Michael J. Horowitz is director of Hudson Institute's Project for Civil Justice Reform and Project for International Religious Liberty. He served as general counsel for the Office of Management and Budget (OMB) under the Reagan Administration, and has taught law at the University of Mississippi and Georgetown. He has also practiced private law as a partner at national law firms. Horowitz joined Hudson Institute as a Senior Fellow where he has put together left-right coalitions on a wide variety of foreign and domestic issues. He has written frequently and is regularly called to testify and consult with Congress.
United States Court of Appeals, Fourth Circuit
James Harvie Wilkinson III is an Article III federal judge on the United States Court of Appeals for the Fourth Circuit. He joined the Court in 1984 after being nominated by President Ronald Reagan.
Born in New York City, New York, Wilkinson graduated from Yale University with his Bachelor's degree in 1967. Wilkinson served in the United States Army from 1968 to 1969 and received his Juris Doctor degree from the University of Virginia School of Law in 1972.
On the recommendation of Virginia U.S. Senator John Warner, Wilkinson was nominated to the United States Court of Appeals for the Fourth Circuit by President Ronald Reagan on January 30, 1984 to a seat vacated by John Butzner, Jr.,. Wilkinson was confirmed by the Senate on August 9, 1984 on a Senate vote and received commission on August 13, 1984. Wilkinson served as the Chief Judge of the Court from 1996 to 2003.
Shareholder, Greenberg Traurig LLP
Troy A. Eid focuses his litigation, mediation and transactional practice on government enforcement, investigations and compliance, environmental law, energy and natural resource development, and Federal Indian law and Native American and Alaska Native tribal law. Troy is a trusted advocate and mediator in the Rocky Mountain West and in federal, state and tribal trial and appellate courtrooms across the country.
Director, Project for International Religious Liberty, Hudson Institute
Michael J. Horowitz is director of Hudson Institute's Project for Civil Justice Reform and Project for International Religious Liberty. He served as general counsel for the Office of Management and Budget (OMB) under the Reagan Administration, and has taught law at the University of Mississippi and Georgetown. He has also practiced private law as a partner at national law firms. Horowitz joined Hudson Institute as a Senior Fellow where he has put together left-right coalitions on a wide variety of foreign and domestic issues. He has written frequently and is regularly called to testify and consult with Congress.
United States Court of Appeals, Fourth Circuit
James Harvie Wilkinson III is an Article III federal judge on the United States Court of Appeals for the Fourth Circuit. He joined the Court in 1984 after being nominated by President Ronald Reagan.
Born in New York City, New York, Wilkinson graduated from Yale University with his Bachelor's degree in 1967. Wilkinson served in the United States Army from 1968 to 1969 and received his Juris Doctor degree from the University of Virginia School of Law in 1972.
On the recommendation of Virginia U.S. Senator John Warner, Wilkinson was nominated to the United States Court of Appeals for the Fourth Circuit by President Ronald Reagan on January 30, 1984 to a seat vacated by John Butzner, Jr.,. Wilkinson was confirmed by the Senate on August 9, 1984 on a Senate vote and received commission on August 13, 1984. Wilkinson served as the Chief Judge of the Court from 1996 to 2003.
Litigation Update: Reges v. Univ. of Washington – University Acknowledgement of Indigenous Land
Joshua Bleisch
Stuart Reges is an award-winning professor at the University of Washington in the Allen School...
Litigation Update: Reges v. Univ. of Washington – University Acknowledgement of Indigenous Land
Joshua Bleisch
Stuart Reges is an award-winning professor at the University of Washington in the Allen School...
Do University Diversity Statement Requirements Violate the Constitution?
Brian Soucek, Eugene Volokh
In recent years, universities have increasingly required 'diversity statements' from faculty seeking jobs, tenure, or...
Litigation Update: Faust v. Vilsack - Race Discrimination in the American Rescue Plan
Rick M. Esenberg, Devon Westhill
The Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit in federal court challenging...
Litigation Update: Faust v. Vilsack - Race Discrimination in the American Rescue Plan
Rick M. Esenberg, Devon Westhill
The Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit in federal court challenging...
The Original Understanding of the Indian Commerce Clause: An Update
Robert G. Natelson
Federalist Society Review, Volume 23
The Congress shall have Power . . . To regulate Commerce with foreign Nations, and...
Litigation Update: CFER v. Alameda & Raak Law v. Gast
Wencong Fa, Dan Morenoff
A Regulatory Transparency Project Webinar
In the name of equality, some state and local governments seem to have implemented race-and-gender-based...
Deep Dive Episode 233 - Litigation Update: CFER v. Alameda & Raak Law v. Gast
Wencong Fa, Dan Morenoff
Regulatory Transparency Project's Fourth Branch Podcast
In the name of equality, some state and local governments seem to have implemented race-and-gender-based...
Did the Law Cause Columbine? [Archive Collection]
Ann Beeson, Troy A. Eid, Michael J. Horowitz, William F. Kilpatrick, George Nicholson, James Rapp, J. Harvie Wilkinson
On August 13, 1999, the Federalist Society's Criminal Law & Procedure Practice Group sponsored a...
Did the Law Cause Columbine? [Archive Collection]
Ann Beeson, Troy A. Eid, Michael J. Horowitz, William F. Kilpatrick, George Nicholson, James Rapp, J. Harvie Wilkinson
On August 13, 1999, the Federalist Society's Criminal Law & Procedure Practice Group sponsored a...