Resident Fellow and Milton Friedman Chair, American Enterprise Institute
James C. Capretta is a resident fellow and holds the Milton Friedman Chair at the American Enterprise Institute (AEI), where he studies health care, entitlement, and US budget policy, as well as global trends in aging, health, and retirement programs.
Concurrently, Mr. Capretta serves as a senior adviser to the Bipartisan Policy Center and, since 2011, as a member of the Advisory Board of the National Institute for Health Care Management Foundation.
He spent more than 16 years in public service before joining AEI. As an associate director at the White House’s Office of Management and Budget from 2001 to 2004, he was responsible for all health care, Social Security, welfare, and labor and education issues. Earlier, he served as a senior health policy analyst at the US Senate Budget Committee and at the US House Committee on Ways and Means. From 2006 to 2016, Mr. Capretta was a fellow, and later a senior fellow, at the Ethics & Public Policy Center.
Mr. Capretta is also a contributor to RealClearPolicy, where he regularly publishes commentary on public policy issues.
He is the author and coauthor of many published essays and reports, including “Toward Meaningful Price Transparency in Health Care” (AEI Economic Perspectives, 2019); “Increasing the Effectiveness and Sustainability of the Nation’s Entitlement Programs” (AEI, 2016) and “Improving Health and Health Care: An Agenda for Reform” (AEI, 2015). In addition, his book chapters include “Medicaid” in “A Safety Net That Works: Improving Federal Programs for Low-Income Americans” (AEI Press, 2017) and “Reforming Medicaid” in “The Economics of Medicaid: Assessing the Costs and Consequences” (Mercatus Center, 2014).
Mr. Capretta has been widely published in newspapers, magazines, and trade journals, including Health Affairs (where he is a member of the Editorial Board), The JAMA Network, National Affairs, National Review, The New York Times, and The Wall Street Journal. His television appearances include “PBS NewsHour,” Fox News Sunday, C-SPAN’s “Washington Journal,” CNBC, and Bloomberg Television.
Mr. Capretta has an MA in public policy studies from Duke University and a BA in government from the University of Notre Dame.
Senior Fellow, Manhattan Institute
Chris Pope is a senior fellow at the Manhattan Institute. Previously, he was director of policy research at West Health, a nonprofit medical research organization; health-policy fellow at the U.S. House Committee on Energy and Commerce; and research manager at the American Enterprise Institute. Pope’s research focuses on healthcare payment policy, and he has recently published reports on hospital-market regulation, entitlement design, and insurance-market reform. His work has appeared in, among others, the Wall Street Journal, Health Affairs, US News and World Report, and Politico.
Pope holds a B.Sc. in government and economics from the London School of Economics and an M.A. and Ph.D. in political science from Washington University in St. Louis.
Senior Litigation Counsel, New Civil Liberties Alliance
Peggy Little, Senior Counsel at New Civil Liberties Alliance, a new public interest law firm challenging the administrative state founded in 2017 by Professor Philip Hamburger, has over three decades of experience as a trial and appellate litigator in complex, high-stakes regulatory, mass-tort, class-action, products liability, securities, commercial and civil rights litigation representing individuals and high-profile litigants including Fortune 50 companies, financial institutions, public companies, and universities in state and federal courts, including the United States Supreme Court.
Peggy is a graduate of Yale College and Yale Law School, where she was awarded the Potter Stewart Prize. She was a law clerk to the Hon. Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. Prior to starting her own trial and appellate law firm in 1997, where she was appellate consulting counsel to the New Haven firefighters in Ricci v.DeStefano, a landmark 2009 United States Supreme Court decision, Peggy was a partner at Tyler, Cooper & Alcorn in New Haven, Connecticut. From 2004 to early 2018, Peggy directed, part-time, the Federalist Society Pro Bono Center.
Peggy has participated in many national conferences and symposia addressing issues of current importance in constitutional law – specifically state and federal constitutional questions regarding the separation of powers and the first amendment – and regularly speaks, blogs and publishes on the topic of the unconstitutional exercise of governmental power. In May of 2017, she presented her paper, Pirates at the Parchment Gates, to a conference of state and federal judges at the Law and Economics Center at the Antonin Scalia Law School. Her work has been published by law reviews, legal publications, the Federalist Society, the Wall Street Journal, Law and Liberty and the Manhattan Institute.
Recent publications include: How the SEC silences its critics, The SEC should listen to Sen. Cotton, Lucia v. SEC, Opening Salvos in the Opioid Litigation Wars, Straight Dope on the Opioid Crisis
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
J. B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University Law School
Robert L. Glicksman is a nationally and internationally recognized expert on environmental, natural resources, and administrative law issues. A graduate of the Cornell Law School, his areas of expertise include environmental, natural resources, administrative, and property law. Before joining the law school faculty in 2009, Professor Glicksman taught at the University of Kansas School of Law, where he joined the faculty in 1982 and was named the holder of the Robert W. Wagstaff Distinguished Professor of Law in 1995. Professor Glicksman has practiced with law firms in DC and New Jersey before joining and while on leave from academia, focusing on environmental, energy, and administrative law issues. He has consulted on various environmental and natural resources law issues, including work for the Secretariat of the Commission for Environmental Cooperation in Montreal, Canada.
Professor Glicksman has extensive publications in his areas of expertise. He is co-author of two law school casebooks, Environmental Protection: Law and Policy (6th ed. Aspen Publishers) and Administrative Law: Agency Action in Legal Context (Foundation Press); the four-volume treatise, Public Natural Resources Law (2d ed. Thomson/West); two monographs, Risk Regulation at Risk: A Pragmatic Approach, and Pollution Limits and Polluters’ Efforts to Comply: The Role of Government Monitoring and Enforcement, both published by Stanford University Press); and Modern Public Land Law in a Nutshell (3d ed. West). He has written numerous book chapters and articles on a variety of environmental and natural resources law topics, concentrating recently on topics such as climate change, federalism issues in environmental law, the challenges facing the federal land management agencies, and environmental enforcement. His articles have been published in law reviews and journals that include the Texas Law Review, Pennsylvania Law Review, the Northwestern University Law Review, the Duke Law Journal, the Vanderbilt Law Review, the Wake Forest Law Review, the Indiana Law Journal, the Stanford Environmental Law Journal, the Virginia Environmental Law Journal, and the Administrative Law Review.
Professor Glicksman has been a member scholar for the Center for Progressive Reform since 2002 and a member of the Center’s Board of Directors since 2008.
Senior Fellow for Law, Economics, and Technology, The Heritage Foundation; Professor, Florida International University
Mario Loyola is a Senior Fellow for Law, Economics, and Technology at The Heritage Foundation.
Loyola served in the Trump Administration as Associate Director for Regulatory Reform at the White House Council on Environmental Quality. In that role, he was one of the principal drafters of the One Federal Decision policy, which helped to streamline the permitting and environmental review of large infrastructure projects. While at CEQ, he was a member of the U.S. delegation to the USMCA free trade negotiations with Mexico and Canada, as well as the United Nations conference on biodiversity on the high seas. Loyola initially joined the White House in February 2017 as a Presidential Speechwriter, employing his expertise in many areas of foreign and domestic policy.
After beginning his career in M&A and corporate finance law, Loyola served in the Bush 43 Administration as a special assistant to the Undersecretary of Defense for Policy. He left that position to start writing on national defense issues in magazines such as National Review and The Weekly Standard, reporting from the front lines of the war on terrorism in Lebanon, Israel, and Iraq. He finished the Bush Administration as Foreign and Defense Counsel to the U.S. Senate Republican Policy Committee, then under the chairmanship of Senator Kay Bailey Hutchison of Texas. He subsequently moved to Texas and joined the Texas Public Policy Foundation, where he specialized in energy, environment, and federalism.
Loyola is a frequent contributor to The Wall Street Journal, National Review, and The Atlantic, among others. He teaches environmental and administrative law at Florida International University, where he is Founding Director of the Environmental Finance and Risk Management program in FIU’s prestigious Institute of Environment. He received a bachelor’s degree in European history from the University of Wisconsin–Madison and a J.D. from Washington University School of Law.
Executive Director, Environmental Policy Innovation Center
Tim leads the Environmental Policy Innovation Center, a fiscally-sponsored project of Sand County Foundation. Tim has 15 years of experience working on national policies that create more innovative, effective, and incentive-focused approaches to wildlife conservation, drought response, finance for water supplies and quality, and agricultural stewardship. His experience includes two years as Associate Director for Conservation at the White House Council on Environmental Quality from 2014 to 2017. A scientist by training, Tim is also a former city council member.
Chairman and Partner, Earth & Water Law Group
Earth & Water Group Founder, Brent Fewell, has over 25 years of experience in public policy, advocacy, and environmental law.
As an environmental lawyer and former corporate executive and senior U.S. EPA official in EPA’s Offices of Water and Congressional and Intergovernmental Relations, Brent brings a wealth of knowledge and unique perspective to his clients in navigating the regulatory and political arenas in Washington DC. As a highly regarded thought leader on environmental policy and governance matters, his counsel and opinions are sought out by corporate and government leaders around the globe. Brent brings unparalleled energy and passion to the issues in a way that few do to help his clients navigate in an increasingly complex and nuanced regulatory environment.
Brent received his B.S. in Wildlife Management from the University of Maine (high distinction), a Masters in Environmental Management from Duke University, and J.D. from Duquesne University School of Law. (Licensed in PA and DC)
Deputy Assistant Attorney General, Office of Legal Policy, Department of Justice
GianCarlo Canaparo serves as Deputy Assistant Attorney General in the Office of Legal Policy at the Department of Justice. There, he oversees the Office's regulatory work and is the Department's liaison to the Office of Information and Regulatory Affairs. He also assists the White House in the process of selecting nominees for federal judgeships and advises Department leadership on policy and legal matters.
Before joining the Department, Canaparo was a senior legal fellow at The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies where he researched constitutional law, administrative law, and civil rights.
Canaparo’s scholarship has appeared in various law reviews including the Harvard Journal of Law and Public Policy, the Notre Dame Law Review, the Georgetown Journal of Law and Public Policy, the Texas Review of Law and Politics, and the Administrative Law Review. His research has been cited by Justice Neil Gorsuch and featured in the Wall Street Journal and Washington Post. His analysis has appeared in Law & Liberty, Civitas, Fox News, The National Review, Law 360, FedSoc Blog, and other outlets.
Canaparo co-hosted The Heritage Foundation’s SCOTUS 101 podcast, which follows the Supreme Court’s arguments and opinions and features interviews with judges, advocates, and scholars.
After graduating Georgetown law, Canaparo spent three years at the law firm of Skadden, Arps, Slate, Meagher & Flom and two years as a federal law clerk. He earned his bachelor’s degree in economics from the University of California at Davis.
Canaparo is a classical pianist and organist.
Senior Fellow, Independent Institute
Dr. Stephen P. Halbrook is a Senior Fellow at the Independent Institute. He has taught legal and political philosophy at George Mason University, Howard University, and Tuskegee Institute, and he received his J.D. from the Georgetown University Law Center and Ph.D. in social philosophy from Florida State University.
The winner of three cases before the U.S. Supreme Court (Printz v. United States, United States v. Thompson/Center Arms Company, and Castillo v. United States), he has testified before the Subcommittee on the Constitution of the Senate Judiciary Committee, Senate Subcommittee on the Constitution, Subcommittee on Crime of the House Judiciary Committee, Senate Governmental Affairs Committee, and House Committee on the District of Columbia.
A contributor to numerous scholarly volumes, he is the author of the books, Gun Control in Nazi-Occupied France: Tyranny and Resistance; Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State”; The Founders’ Second Amendment: Origins of the Right to Bear Arms; That Every Man Be Armed: Evolution of a Constitutional Right; A Right to Bear Arms; Firearms Law Deskbook: Federal and State Criminal Practice; Securing Civil Rights: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms; State and Federal Bills of Rights and Constitutional Guarantees; and Target Switzerland: Swiss Armed Neutrality in World War II. Dr. Halbrook’s scholarly articles have appeared in such journals as the Arizona Journal of International and Comparative Law, Drug Law Report, George Mason University Law Review, Journal of Air Law and Commerce, Journal of Law and Policy, Law & Contemporary Problems, National Law Journal, Northern Kentucky Law Review, St. John’s Journal of Legal Commentary; Seton Hall Constitutional Law Journal, Tennessee Law Review, University of Dayton Law Review, Valparaiso University Law Review, Vermont Law Review, and William & Mary Bill of Rights Journal.
Dr. Halbrook's popular articles have appeared in such publications as the Wall Street Journal, Newsday, San Francisco Chronicle, National Review, Investor’s Business Daily, Kansas City Star, Washington Examiner, Shreveport Times, Sacramento Bee, Providence Journal, Tampa Tribune, Pittsburgh Tribune-Review, History News Network, San Antonio Express-News, The Daily Caller, Detroit News, Honolulu Star Advertiser, Birmingham News, Environmental Forum, USA Today, and Washington Times. He has also appeared on numerous national TV/radio programs on CNN, Fox News Channel, Fox Business Network, Court TV, NewsMax TV, CBN, Voice of America, and C-SPAN.
Executive Vice President, Goldwater Institute
Christina Sandefur is the Executive Vice President at the Goldwater Institute. She develops policies and litigates cases advancing healthcare freedom, free enterprise, private property rights, free speech, and taxpayer rights.
Christina is a co-drafter of the Right to Try initiative, now federal law, which protects terminally ill patients' right to try safe investigational treatments that have been prescribed by their physician but are not yet FDA-approved. She has won important victories for property rights in Arizona and works nationally to promote the Institute's Private Property Rights Protection Act, a state-level reform that requires government to pay owners when regulations destroy property rights and reduce property values.
Christina is the co-author of the book Cornerstone of Liberty: Private Property Rights in 21st Century America (2016). She is a frequent guest on national television and radio programs, has provided expert legal testimony to various legislative committees, and is a frequent speaker at conferences. She is the recipient of the 2018 Buckley Award in recognition of her leadership in the freedom movement, and she is an Advisory Board Member of the Network of enlightened Women. Christina serves on the board of the Phoenix Lawyers Chapter of the Federalist Society and is a member of the executive committee for the Federalist Society's Regulatory Transparency Project: FDA & Health.
Christina is a graduate of Michigan State University College of Law and Hillsdale College.
Attorney, Institute for Justice
Josh Windham is an attorney at the Institute for Justice.
Originally from Charlotte, Josh joined the Institute’s headquarters office in 2016. He received his law degree in 2016 from the University of North Carolina School of Law, where he served as president of the Federalist Society and as judicial extern to the Honorable Robert Numbers in the Eastern District of North Carolina. Josh graduated summa cum laude from North Carolina State University in 2013 with a Bachelor of Arts in History. He is an avid sports fan and dessert lover.
Josh is licensed in North Carolina.
Professor of Law, Widener University Commonwealth Law School
General Counsel - International, Willis Towers Watson
Todd F. Braunstein is General Counsel - International as well as Head of Global Investigations at Willis Towers Watson, an insurance broking and consulting firm with $9 billion in revenues, 45,000 employees, and business in 140+ countries. He previously worked as a federal prosecutor, at two DC law firms, and in the White House.
A.B., Harvard College; J.D., Harvard Law School
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Deep Dive Episode 99 – Promoting a More Adaptable Physician Pipeline
James C. Capretta, Chris Pope
Regulatory Transparency Project Teleforum
The COVID-19 pandemic has the medical community scrambling to address shortages of supplies and some...
Topics
Preemption Issues in Broadband Regulation
In an article published last week, The Preemption Predicament Over Broadband Internet Access Services, Lawrence J....
Leaving Them Speechless: Does the SEC Silence Criticism?
Margaret A. Little
Few Americans know that when they settle a case with the SEC (or the CFTC which...
Updating the National Environmental Policy Act (NEPA)
Richard A. Epstein, Robert Glicksman, Mario Loyola, Tim Male, Brent A. Fewell
On January 10, the White House Council on Environmental Quality (CEQ) proposed revisions to its regulations for implementing the...
Courthouse Steps Decision: Kahler v. Kansas
GianCarlo Canaparo
On March 23, 2020, the Supreme Court, by a vote of 6-3, held that the...
To Bear Arms for Self-Defense: A “Right of the People” or a Privilege of the Few? Part 1
Stephen P. Halbrook
Federalist Society Review, Volume 21
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Deep Dive Episode 97 – Certificate of Need Laws and Healthcare Access
Christina Sandefur, Josh Windham
38 states have certificate of need (CON) laws which make it illegal for healthcare providers...
Buckley v. Valeo [SCOTUSbrief]
Michael R. Dimino
Short video featuring Michael Dimino
In the wake of the Watergate scandal, Congress passed several amendments to the Federal Election...
Liu v. Securities and Exchange Commission (SEC) - Post-Argument SCOTUScast
Todd F. Braunstein
featuring Todd F. Braunstein
On March 3, 2020, the Supreme Court heard oral arguments for the case of Liu v....
Executive Power v. Coronavirus
John G. Malcolm, John C. Yoo
The end of impeachment has not ended challenges to executive power. In the last few...