Professor of Law, Notre Dame Law School
Professor Derek Muller is a nationally-recognized scholar in the field of election law. His research focuses on the role of states in the administration of federal elections, the constitutional contours of voting rights and election administration, the limits of judicial power in the domain of elections, and the Electoral College.
He has published more than two dozen academic works, and his op-eds have appeared in the New York Times, the Los Angeles Times, and the Wall Street Journal. He has testified before Congress, and he is a contributor at the Election Law Blog. He is a co-author on a Federal Courts casebook published by Carolina Academic Press. He is also the co-reporter on a new Restatement of the Law, Election Litigation, an effort led by the American Law Institute.
Professor Muller teaches Election Law, Civil Procedure, and Evidence.
Attorney, Competitive Enterprise Institute
Devin Watkins is an attorney at the Competitive Enterprise Institute. Devin Watkins previously worked at the Cato Institute as a legal associate and interned at the Institute for Justice. At the Cato Institute, Watkins worked on a variety of Supreme Court cases, and one of the briefs he worked on was cited by the Court. His op-eds have appeared in National Review Online, The Hill, Time, and The Federalist among others.
Watkins holds a Juris Doctor cum laude from George Mason University's Antonin Scalia Law School, where he was the development editor on the Mason Law Review. Prior to his legal career Watkins was a senior software developer at Intel and WebMD. He graduated with a Bachelor of Science in Computer Science from Stevens Institute of Technology in Hoboken, New Jersey.
Watkins is a member of the Virginia State Bar, the District of Columbia Bar, the U.S. District Court for the District of Columbia Bar, and the U.S. Court of Appeals for the District of Columbia Circuit Bar.
Managing Partner, Cooper & Kirk PLLC
David Thompson is the Managing Partner of Cooper & Kirk and joined the firm at its founding. Mr. Thompson has extensive trial and appellate experience in a wide range of matters and has secured victories worth billions of dollars. He has successfully challenged numerous laws on Second Amendment grounds. He has also litigated cases in over 30 federal district courts, argued in each of the 13 federal circuit courts of appeal, and argued before the U.S. Supreme Court, as well as many state courts. Mr. Thompson was awarded an A.B. degree, magna cum laude, from Harvard University in 1991, where he was elected to Phi Beta Kappa. In 1994, Mr. Thompson received a J.D. degree, cum laude, from Harvard Law School.
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.
W. DeVier Pierson Professor of Law, University of Oklahoma College of Law
In 2001 Taiawagi Helton joined the faculty of the University of Oklahoma College of Law, where he teaches environmental law, property law, and Indian law. His research emphasizes environmental and natural resources issues relating to Native Americans, as well as nation building in Indian country.
Helton began his legal career as a clerk for the Honorable Robert H. Henry, U.S. Court of Appeals for the Tenth Circuit. He has served as a Special Justice for the Cheyenne and Arapaho Tribes Supreme Court (2004-2008) and as a member of the Board of Directors of Oklahoma Indian Legal Services. In 2012, Helton received the O.U. Regents’ Award for Superior Teaching, the University’s highest award for teaching excellence.
Helton earned his Master of Laws degree from Yale Law School in 2001. In 1999 he received a juris doctor degree with highest honors from the University of Tulsa College of Law, where he served as Editor-in-Chief of the Tulsa Law Journal and earned membership in the Order of the Curule Chair.
Partner, Spencer Fane LLP
Andy Lester has a civil litigation and appellate practice in both state and federal court. His fields of emphasis include complex business, civil rights, commercial, constitutional, and state and local government law. He has faced off against the White House over the use of Executive Privilege, has appeared as counsel before committees of the United States Senate and the United States House of Representatives, and has been a featured guest on television shows such as Hardball with Chris Matthews and The Situation Room with Wolf Blitzer. He has also served as Acting General Counsel for the Oklahoma House of Representatives, and has twice served as Chief Counsel to Special House Committees investigating public corruption.
While in law school, Lester served on President Ronald Reagan’s Transition Team for the Equal Employment Opportunity Commission. In 2002, he chaired Governor Brad Henry’s Law Enforcement/Corrections Transition Team and, as a member of the Budget/Finance Transition Team, helped write Governor Henry’s first State budget.
He is a former United States Magistrate Judge for the Western District of Oklahoma, and has served as Adjunct Professor at Oklahoma City University School of Law, having taught State & Local Government, Employment Law, Criminal Law, and International Law. Lester has written over 100 articles and papers on professional and public policy issues, and has published one book, Constitutional Law and Democracy, a collection of speeches he gave in 1993 in the former Soviet Union.
Lester is a former member of the Oklahoma State Regents for Higher Education, and in 2019 was named a State Regent Emeritus. He served on the board of Eureka College (President Reagan’s alma mater), is a former chairman of the Oklahoma Advisory Committee for the United States Commission on Civil Rights, and is a past president, past board chairman, and current board member of the Tenth Circuit Historical Society. He co-chaired the bipartisan Oklahoma Death Penalty Review Commission, which conducted the first-ever independent, objective, and thorough review of the state’s entire capital punishment system.
In 2012, Lester was named Citizen of the Year of Edmond, Oklahoma. He is a past president of the Rotary Club of Edmond, and in 2011 was named Rotarian of the Year.
Partner, Latham & Watkins LLP
Matthew Brill, Global Chair of the Communications Law Practice and a member of the Supreme Court and Appellate Practice, is a nationally recognized communications lawyer and former FCC senior official. He represents clients in litigation, regulatory, and transactional matters.
Vice President, Policy & Advocacy, USTelecom – The Broadband Association
Kristine (Fargotstein) Hackman serves as Vice President, Policy & Advocacy at USTelecom – The Broadband Association. In this role, she advocates on behalf of USTelecom members before the White House and Executive Branch, regulatory agencies, courts and other government entities in Washington, DC and state capitals to ensure members can compete, grow and thrive. Prior to joining USTelecom, she held several roles at the FCC, including Acting Wireline Advisor to Chairman Ajit Pai, Special Counsel in the Office of General Counsel, Legal Advisor to the Wireline Bureau Chief, and Attorney Advisor in the Wireline Competition Bureau. She also was detailed to the House Energy and Commerce Committee’s Communications and Technology Subcommittee where she worked on broadband infrastructure, net neutrality, and spectrum, among other connectivity matters. Before her legal career, Kristine led public service initiatives at the National Association of Broadcasters.
Kristine graduated from the George Mason University School of Law where she developed a dedicated communications law concentration, and for the past five years has served as an adjunct professor of Communications Law. She is an active member of the Federal Communications Bar Association and a former co-chair of its Young Lawyers Committee.
Partner, Wilkinson Barker Knauer LLP
Russell P. Hanser has nearly 20 years of experience working in communications law and commercial litigation. His practice focuses on the regulation of next-generation broadband services and IP-enabled applications, information privacy, Universal Service, intercarrier compensation, and a range of other issues faced by the information and communications technology industry. Mr. Hanser’s clients include wireline carriers, mobile wireless providers, cable operators, Internet service providers, equipment manufacturers, private equity funds, and investment advisors.
Prior to joining the firm, Mr. Hanser worked at the FCC, where he held senior positions in the Wireline Competition Bureau and the Office of General Counsel, and served as wireline Legal Advisor in the Office of Commissioner Kathleen Abernathy. He is an Adjunct Professor at the Catholic University of America's Columbus School of Law, where he teaches telecommunications law. He has previously been an Adjunct Professor of Law at the University of New Hampshire Law School and the George Washington University Law School. Following law school, Mr. Hanser clerked for Judge Norman H. Stahl on the United States Court of Appeals for the First Circuit.
President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
Courthouse Steps Oral Argument: CO Dept. of State v. Baca and Chiafalo v. WA
Derek T. Muller
On May 13, 2020, the Supreme Court will hear arguments in a pair of cases...
Should We Be Re-Thinking Section 101?
Until 2012, it was never seriously doubted that methods and devices for the diagnostic testing...
Courthouse Steps Oral Argument: Trump v. Mazars USA and Trump v. Vance
Devin Watkins
Three cases before the Supreme Court consider the ability of grand juries and congressional committees...
Courthouse Steps Decision Teleforum: NY State & Rifle Pistol Association Inc. v. City of New York
David H. Thompson
Criminal Law & Procedure and Civil Rights Co-Sponsored Practice Group Teleforum
Please join Amy Swearer of the Heritage Foundation and David Thompson of Cooper & Kirk...
Courthouse Steps Oral Argument Teleforum: McGirt v. Oklahoma
Anthony J. Ferate, Taiawagi "Tai" Helton, Andy Lester
Tribal jurisdiction is again before the Supreme Court. Following November 2018 arguments, Chief Justice John...
The Restoring Internet Freedom Order on Remand: Next Steps for the Federal Communications Commission
Matthew A. Brill, Kristine (Fargotstein) Hackman, Russell P. Hanser, Lawrence J. Spiwak
In Mozilla v. FCC, the D.C. Circuit upheld the Federal Communications Commission’s 2018 Restoring Internet...
Topics
Making China Pay For Coronavirus Wrongs
The costs and harms that accrue daily from China’s negligence -- framed generously -- in...
Ensuring Due Process at the Surface Transportation Board
Lawrence J. Spiwak
Federalist Society Review, Volume 21
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Topics
The Deepfake and National Security
An amalgamation of the terms “deep learning” and “fake,” the term “deepfake” first entered our...
Topics
It’s Time to Resolve the 2014 AWS-3 Auction Designated Entity Dispute
Throughout his tenure, many of Federal Communications Commission Chairman Ajit Pai’s resources have been spent...