Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
Associate, Covington & Burling LLP
Eli Nachmany is an associate at Covington & Burling LLP in the Washington, DC, office. He clerked for Judge Steven J. Menashi of the U.S. Court of Appeals for the Second Circuit. Eli graduated magna cum laude from Harvard Law School, where he was Editor-in-Chief of the Harvard Journal of Law & Public Policy. Prior to law school, Eli served as the speechwriter to the U.S. Secretary of the Interior and as a domestic policy aide in the White House Office of American Innovation. He graduated summa cum laude from New York University with a B.S. in Sports Management. Eli’s scholarship on administrative law and executive power has appeared in the BYU Law Review, George Mason Law Review, Wake Forest Law Review, and Yale Law Journal Forum.
Jones Day, Partner
Yaakov Roth's goal is to strategically develop and effectively present the key legal arguments that will secure victory for clients through appellate advocacy and dispositive motions. He has represented clients in high-profile Supreme Court cases, argued appeals in the federal Courts of Appeals, and prepared motions to dismiss and for summary judgment across a range of substantive areas.
Yaakov's most recent Supreme Court experience includes vindicating former Virginia Gov. Bob McDonnell from political corruption charges, narrowing the geographic scope of private civil RICO lawsuits, and pursuing a major challenge to the Affordable Care Act from inception through high court review. At the appellate level, Yaakov's oral advocacy has included pressing a First Amendment challenge to an Ohio law prohibiting "false" campaign statements, seeking disclosure of a Justice Department policy manual concerning criminal discovery, and protecting the religious freedom rights of Death Row inmates. He has successfully defended his clients against defamation, antitrust, Title VII, and ERISA claims — including nationwide class actions — and pursued a host of challenges to federal, state, and local regulations. His ERISA experience also includes a series of withdrawal liability arbitrations and related litigation.
Yaakov speaks and writes about the Supreme Court and First Amendment issues and maintains an active pro bono practice centered around religious freedom and criminal justice.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Emeritus Professor of Telecommunications and Law, Penn State University
Rob Frieden serves as an educator, researcher, grant seeker and consultant in the law, regulation, and business of broadband networks, cybersecurity, electronic commerce, intellectual property, the Internet of Things, privacy, regulatory reform, satellites, and spectrum management.
He currently serves as a 2022 Wilson Center Fellow and holds the rank of Emeritus Professor of Telecommunications and Law at Penn State University. Professor Frieden has published 4 books, written over 100 articles in law and telecommunications policy journals and frequently provides insights on current topics in telecommunications law and policy for media, conference attendees, and consultancy clients throughout the world.
Professor Frieden holds a B.A., with distinction, from the University of Pennsylvania (1977) and a J.D. from the University of Virginia (1980).
Senior Fellow and Director, Center for the Economics of the Internet, Hudson Institute
Harold Furchtgott-Roth is a senior fellow and director of the Center for the Economics of the Internet at Hudson Institute.
Mr. Furchtgott-Roth founded Furchtgott-Roth Economic Enterprises in 2003. He frequently comments on issues related to the communications sector of the economy. From 2001 to 2003, he was a visiting fellow at the American Enterprise Institute where he published A Tough Act to Follow, chronicling the difficulties implementing the Telecommunications Act of 1996.
From 1997 through 2001, Mr. Furchtgott-Roth served as a commissioner of the Federal Communications Commission. In that capacity, he served on the Joint Board on Universal Service. He is one of the few economists to have served as a federal regulatory commissioner, and the only one to have served on the Federal Communications Commission.
Before his appointment to the FCC, he was chief economist for the House Committee on Commerce and a principal staff member on the Telecommunications Act of 1996. Earlier in his career, he was a senior economist with Economists Incorporated and a research analyst with the Center for Naval Analyses.
Mr. Furchtgott-Roth is a member of the Washington Legal Foundation’s Legal Policy Advisory Board. He is the coauthor of three books: Cable TV: Regulation or Competition, with R.W. Crandall; Economics of A Disaster: The Exxon Valdez Oil Spill, with B.M. Owen et al; and International Trade in Computer Software, with S.E. Siwek.
Sr. VP of Industry Affairs and Business Development, NTCA – The Rural Broadband Association
Michael Romano oversees NTCA’s public policy, government affairs and business development initiatives, as well as the educational and community-focused mission of the Foundation for Rural Service. Before joining NTCA, Mike was of counsel with Bingham McCutchen, LLP (now Morgan Lewis), served as the founding vice president and general counsel of GTT Communications and held a variety of positions with America Online and Level 3 Communications.
Mike has a Bachelor of Arts degree in American history from Middlebury College, and a Juris Doctor degree from Georgetown University Law Center.
Policy Director, Telecommunications, U.S. Senate Committee on Commerce, Science, & Transportation
Arielle Roth serves as Policy Director, Telecommunications for Ranking Member Ted Cruz on the Senate Committee on Commerce, Science, and Transportation. Prior to joining the committee, Roth spent almost a decade working on federal communications and broadband policy, including in senior roles at the Federal Communications Commission and as Wireline Legal Advisor to former Commissioner Michael O’Rielly. Her previous congressional experience includes serving as Legislative Counsel to U.S. Senator Roy Blunt and as Counsel on Detail to the House Committee on Energy and Commerce. Before entering government, Roth was a Legal Fellow with the Hudson Institute's Center for the Economics of the Internet. Roth holds degrees from the University of Toronto and the McGill University Faculty of Law. She lives in D.C. with her husband Yaakov and their five children.
Emeritus Professor of Telecommunications and Law, Penn State University
Rob Frieden serves as an educator, researcher, grant seeker and consultant in the law, regulation, and business of broadband networks, cybersecurity, electronic commerce, intellectual property, the Internet of Things, privacy, regulatory reform, satellites, and spectrum management.
He currently serves as a 2022 Wilson Center Fellow and holds the rank of Emeritus Professor of Telecommunications and Law at Penn State University. Professor Frieden has published 4 books, written over 100 articles in law and telecommunications policy journals and frequently provides insights on current topics in telecommunications law and policy for media, conference attendees, and consultancy clients throughout the world.
Professor Frieden holds a B.A., with distinction, from the University of Pennsylvania (1977) and a J.D. from the University of Virginia (1980).
Senior Fellow and Director, Center for the Economics of the Internet, Hudson Institute
Harold Furchtgott-Roth is a senior fellow and director of the Center for the Economics of the Internet at Hudson Institute.
Mr. Furchtgott-Roth founded Furchtgott-Roth Economic Enterprises in 2003. He frequently comments on issues related to the communications sector of the economy. From 2001 to 2003, he was a visiting fellow at the American Enterprise Institute where he published A Tough Act to Follow, chronicling the difficulties implementing the Telecommunications Act of 1996.
From 1997 through 2001, Mr. Furchtgott-Roth served as a commissioner of the Federal Communications Commission. In that capacity, he served on the Joint Board on Universal Service. He is one of the few economists to have served as a federal regulatory commissioner, and the only one to have served on the Federal Communications Commission.
Before his appointment to the FCC, he was chief economist for the House Committee on Commerce and a principal staff member on the Telecommunications Act of 1996. Earlier in his career, he was a senior economist with Economists Incorporated and a research analyst with the Center for Naval Analyses.
Mr. Furchtgott-Roth is a member of the Washington Legal Foundation’s Legal Policy Advisory Board. He is the coauthor of three books: Cable TV: Regulation or Competition, with R.W. Crandall; Economics of A Disaster: The Exxon Valdez Oil Spill, with B.M. Owen et al; and International Trade in Computer Software, with S.E. Siwek.
Sr. VP of Industry Affairs and Business Development, NTCA – The Rural Broadband Association
Michael Romano oversees NTCA’s public policy, government affairs and business development initiatives, as well as the educational and community-focused mission of the Foundation for Rural Service. Before joining NTCA, Mike was of counsel with Bingham McCutchen, LLP (now Morgan Lewis), served as the founding vice president and general counsel of GTT Communications and held a variety of positions with America Online and Level 3 Communications.
Mike has a Bachelor of Arts degree in American history from Middlebury College, and a Juris Doctor degree from Georgetown University Law Center.
Policy Director, Telecommunications, U.S. Senate Committee on Commerce, Science, & Transportation
Arielle Roth serves as Policy Director, Telecommunications for Ranking Member Ted Cruz on the Senate Committee on Commerce, Science, and Transportation. Prior to joining the committee, Roth spent almost a decade working on federal communications and broadband policy, including in senior roles at the Federal Communications Commission and as Wireline Legal Advisor to former Commissioner Michael O’Rielly. Her previous congressional experience includes serving as Legislative Counsel to U.S. Senator Roy Blunt and as Counsel on Detail to the House Committee on Energy and Commerce. Before entering government, Roth was a Legal Fellow with the Hudson Institute's Center for the Economics of the Internet. Roth holds degrees from the University of Toronto and the McGill University Faculty of Law. She lives in D.C. with her husband Yaakov and their five children.
Deputy Administrator, United States Environmental Protection Agency
David Fotouhi was sworn in as Deputy Administrator of the United States Environmental Protection Agency on June 16, 2025.
Fotouhi is an experienced environmental attorney who previously served in senior roles at EPA. During the first term of the Trump Administration, Fotouhi served as EPA’s Acting General Counsel and Principal Deputy General Counsel. Prior to rejoining the agency, Fotouhi was a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP practicing environmental law.
Fotouhi grew up in Oklahoma and holds a B.A. from Vanderbilt University and a J.D. from Harvard Law School. Before entering private legal practice, Fotouhi served as a law clerk to the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit.
Environmental Law Attorney, DLA Piper
Garrett Kral is an attorney in DLA Piper’s Washington, DC, office, and a member of the Regulatory and Government Affairs Practice Group. His practice includes regulatory counseling, enforcement defense, and complex civil litigation on matters arising under major federal environmental statutes.
Garrett builds on a strong background in environmental science, a familiarity with technical processes involved in industrial operations, and valuable insights gained by serving in each branch of the federal government. With this experience, he advances the business objectives of Fortune 500 companies while limiting exposure and risk. Garrett is regarded as a strategic advisor to such clients on matters of environmental law and policy.
Founder, CGCN Law, PLLC
The Future of Chevron Deference at the Supreme Court
Thomas W. Merrill, Eli Nachmany, Yaakov M. Roth
The Supreme Court decided multiple administrative law cases this term, but in no majority opinion...
Courthouse Steps Decision: Biden v. Texas
Ilya Somin
On June 30, 2022, the Supreme Court decided Biden v. Texas. In a 5-4 decision, the...
Consumers' Research v. FCC and the Legality of the Universal Service Fund Contribution Regime
Robert Frieden, Harold W. Furchtgott-Roth, Michael Romano, Arielle Roth
With billions of dollars allocated to broadband funding in the Infrastructure Investment and Jobs Act,...
Consumers' Research v. FCC and the Legality of the Universal Service Fund Contribution Regime
Robert Frieden, Harold W. Furchtgott-Roth, Michael Romano, Arielle Roth
With billions of dollars allocated to broadband funding in the Infrastructure Investment and Jobs Act,...
Courthouse Steps Decision Webinar: West Virginia v. EPA
David Fotouhi, Garrett Kral, Justin Schwab
On June 30, 2022, the Supreme Court decided West Virginia v. EPA. In a 6-3...
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An Emergency of Abortion Misinformation
The moment the U.S. Supreme Court decided Dobbs v. Jackson Women’s Health Organization and held...
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Profile of the Legal Profession
The American Bar Association recently published its annual Profile of the Legal Profession. The 124-page...
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What Adam Liptak Doesn’t Know about Brown v. Board and Originalism
Adam Liptak, the New York Times’ Supreme Court reporter, recently published an article in which...
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WV v. EPA: Some Answers about Major Questions (But Not All the Answers We Need)
Originally published at the Volokh Conspiracy In West Virginia v. Environmental Protection Agency, the Supreme...
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Religious Liberty Update on Congressional and Executive Branch Actions
Congress On July 19, 2022, the U.S. House of Representatives passed the “Respect for Marriage...