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.
Executive Director, General Counsel, Christian Legal Fellowship
Derek B.M. Ross, LL.B. (Western), LL.M. (Toronto), is the Executive Director & General Counsel for Christian Legal Fellowship, where he oversees all aspects of the organization's operations, education and training programs, publications, and advocacy. He maintains a litigation practice with a focus on human rights and religious freedom, and has acted as lead or co-counsel for public interest interveners in 13 cases involving the Charter of Rights and Freedoms, including 5 before the Supreme Court of Canada. He has appeared before every level of court in Ontario, as well as the Courts of Appeal in British Columbia and Nova Scotia. He has also appeared before numerous legislative and Parliamentary committees to present submissions on constitutional and legal issues.
Mr. Ross previously served as Director of Legal Affairs for the Canadian Council of Christian Charities, Canada's largest association of religious organizations, where he served on the Canada Revenue Agency's Technical Issues Working Group and as the general editor of the Charities Handbook, 19th Edition (2014), a comprehensive legal guide for Canadian charities. Prior to that, he practiced civil litigation with a focus on public, education, and municipal law.
Mr. Ross has served as an Executive Member of the Charity and Not-for-Profit Law sections and the Constitutional, Civil Liberties, and Human Rights Law sections of both the Canadian Bar Association and the Ontario Bar Association. He regularly presents at legal conferences and law faculties on constitutional and charity law. He is editor-in-chief of the Christian Legal Journal, a quarterly periodical examining the relationship between law and religion. His writings have appeared in numerous publications, including Policy Options, Lawyer's Weekly, Canadian Lawyer, Montreal Gazette, Public Discourse, and the Chronicle-Herald. His work has been cited in the Senate of Canada and several Parliamentary reports. He is the general editor of a forthcoming special edition of the Supreme Court Law Review (2018).
Mr. Ross spent his formative years growing up in Port Hedland, Australia, surrounded by the rugged beauty of the Pilbara Outback, and considers himself a Quasi-Aussie (he can still speak fluent Australian, if you ask him). As much as he loves his second Aussie home, he couldn’t be prouder to be a Canadian (and a Canadiens fan).
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Partner, Davis Polk & Wardwell LLP
Kenneth Wainstein is a partner at Davis Polk & Wardwell, where he focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. Ken spent over 20 years in a variety of law enforcement and national security positions in the government. Between 1989 and 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled criminal prosecutions ranging from public corruption to gang prosecution cases and held a variety of supervisory positions, including Acting United States Attorney. In 2001, he was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys’ Offices. Between 2002 and 2004, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller III. In 2004, Ken was appointed and then confirmed as United States Attorney for the District of Columbia, where he had the privilege to lead the largest United States Attorney’s Office in the country. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ’s law enforcement and intelligence activities on counterterrorism and counterintelligence matters. In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.
Partner, Davis Polk & Wardwell LLP
Kenneth Wainstein is a partner at Davis Polk & Wardwell, where he focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. Ken spent over 20 years in a variety of law enforcement and national security positions in the government. Between 1989 and 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled criminal prosecutions ranging from public corruption to gang prosecution cases and held a variety of supervisory positions, including Acting United States Attorney. In 2001, he was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys’ Offices. Between 2002 and 2004, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller III. In 2004, Ken was appointed and then confirmed as United States Attorney for the District of Columbia, where he had the privilege to lead the largest United States Attorney’s Office in the country. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ’s law enforcement and intelligence activities on counterterrorism and counterintelligence matters. In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.
Vice President, Legislative Strategy, BSA
Craig Albright leads BSA's engagement with the US Congress.
Prior to joining BSA, he spent four years as the World Bank Group's Special Representative for the United States, Australia, Canada and New Zealand, managing relations with government officials, private sector executives, think tank academics, civil society leaders and others. Before that, Mr. Albright spent more than 12 years in the US government. He served in the White House as Special Assistant to President George W. Bush for Legislative Affairs and Deputy Assistant to Vice President Dick Cheney for Legislative Affairs. In Congress, his positions included Legislative Director and Chief of Staff for former Congressman Joe Knollenberg of Michigan and Chief of Staff for Congresswoman Kay Granger of Texas.
Mr. Albright is a graduate of Michigan State University.
Chief Legal + Administrative Officer, Waystar Health
Matthew R. A. Heiman leads all legal and corporate governance matters for Waystar. Over the last two decades, he has worked in corporate and government sectors, gaining deep experience in the areas of corporate governance, litigation, risk management, security, and compliance.
Most recently, Matthew was Vice President, Corporate Secretary & Associate General Counsel at Johnson Controls where he helped establish a new corporate secretary department and led the integration of legal departments following the company’s merger with Tyco International. Prior to its merger with Johnson Controls, Matthew held a number of positions with Tyco International including Vice President, Chief Compliance & Audit Officer. Before Tyco, Matthew was a lawyer with the National Security Division at the U.S Department of Justice. He was a legal advisor to the Coalition Provisional Authority in Baghdad, Iraq and practiced as a trial lawyer with the law firm of McGuireWoods.
Matthew holds a BA and JD from Indiana University and is a member of the International Institute for Strategic Studies. He is a Senior Fellow at George Mason University’s National Security Institute.
Founder, Culper Partners
David Kris is a founder of Culper Partners LLC. An expert in intelligence, law enforcement and security issues, he has more than 25 years of experience in government, the private sector, and academia.
Prior to forming Culper, Mr. Kris was for six years the General Counsel of Intellectual Ventures, a privately held invention investment company with more than $6B under management and offices in the United States, Europe and Asia. He was also the Deputy General Counsel and Chief Compliance officer of Time Warner, Inc., the network and media company.
In government, Mr. Kris was the Presidentially-appointed and Senate-confirmed head of the Department of Justice’s National Security Division, with responsibility for all federal espionage and terrorism investigations and prosecutions and use of the Foreign Intelligence Surveillance Act; a senior advisor to Republican and Democratic Attorneys General and Deputy Attorneys General; and a federal prosecutor for more than eight years. He currently advises two elements of the U.S. Intelligence Community and serves as an amicus curiae to the two Foreign Intelligence Surveillance Courts.
An authority on U.S. foreign intelligence surveillance, Mr. Kris is co-author of the leading treatise in the field, National Security Investigations and Prosecutions, as well as the author of several other articles and blog posts. He is a member of the board of directors and a Contributing Editor of the Lawfareblog, adjunct professor at the University of Washington Law School, and a University Affiliate at Georgetown University.
Mr. Kris is the recipient of numerous awards and medals, including the National Intelligence Superior Service Medal, the Office of the Secretary of Defense Medal for Exceptional Public Service, the CIA Agency Seal Medal, the Department of Justice Edmund J. Randolph Award, and on two occasions the Attorney General’s Award for Exceptional Service, the Department of Justice’s highest honor.
He is a 1988 graduate of Haverford College and a 1991 graduate of Harvard Law School, and a former law clerk to Judge Stephen S. Trott of the U.S. Court of Appeals for the Ninth Circuit.
Partner, Steptoe & Johnson LLP
Stewart Baker is a partner in the law firm of Steptoe & Johnson in Washington, D.C. From 2005 to 2009, he was the first Assistant Secretary for Policy at the Department of Homeland Security. His law practice covers cybersecurity, data protection, homeland security, and travel and foreign investment regulation; he has been awarded one patent.
Mr. Baker has been General Counsel of the National Security Agency and General Counsel of the commission that investigated WMD intelligence failures prior to the Iraq war. He is the author of Skating on Stilts, a book on terrorism, cybersecurity, and other technology issues; he also hosts the weekly Cyberlaw Podcast.
Partner, Davis Graham & Stubbs LLP
Mark Champoux helps clients resolve significant disputes arising in litigation, government enforcement, and regulatory actions in forums across the country. He rejoined Davis Graham & Stubbs LLP in July 2020 after serving as Principal Deputy Assistant Attorney General in the U.S. Department of Justice’s Office of Legal Policy, where he was a primary policy advisor to the Attorney General and coordinated major initiatives relating to regulations, emerging technologies, data privacy, national security, and law enforcement. Mr. Champoux also supervised DOJ’s work in supporting federal judicial nominations, personally preparing over 100 nominees for confirmation by the Senate and overseeing DOJ’s work to secure the confirmation of U.S. Supreme Court Justice Brett M. Kavanaugh, an undertaking that earned him the Attorney General’s Distinguished Service Award.
Mr. Champoux has an extensive record of experience in private practice. He has successfully defended both Fortune 500 companies and small businesses, obtaining complete defense judgments through dispositive motions and trial and leveraging favorable settlements by winning key motions and defeating class certification. In recognition of his litigation work, Benchmark Litigation named Mr. Champoux to the nationwide 40 & Under Hot List in 2016-2017. Mr. Champoux was also named a “Rising Star” by Super Lawyers magazine in 2014-2017 and a “Future Litigation Star” by Benchmark Litigation in 2015.
Mr. Champoux’s practice includes disputes involving emerging technologies, data privacy, natural resources, oil and gas, environmental liabilities, government enforcement, and regulations. He also has substantial experience in a broad range of other litigation areas, including contracts, business torts, real estate, securities fraud, shareholder actions, civil RICO, products liability, and special districts.
Mr. Champoux has also handled numerous pro bono criminal matters, including a successful petition for certiorari in the U.S. Supreme Court with subsequent reversal of conviction for an indigent criminal defendant.
Mr. Champoux received his J.D. in 2007 from Harvard Law School, where he was deputy editor-in-chief of the Harvard Journal of Law & Public Policy, and his B.A. in 2004 from Brigham Young University, graduating magna cum laude and as valedictorian. Before first joining DGS in 2012, Mr. Champoux was a trial attorney at Kirkland & Ellis LLP in Washington, D.C. and clerked for then-Judge Neil M. Gorsuch on the U.S. Court of Appeals for the Tenth Circuit.
Stevenson Bernard Professor, George Washington University Law School
The Honorable F. Scott Kieff is the Stevenson Bernard Professor at George Washington University Law School and a Visiting Fellow at Stanford University’s Hoover Institution.
He served as Commissioner of the U.S. International Trade Commission from 2013-2017. He also served during the Bush, Obama, and Trump Administrations in the part-time leadership of the national security defense-intelligence community.
He was previously a professor of law and medicine at Washington University in Saint Louis and a Senior Fellow at Hoover. A former law clerk to U.S. Circuit Judge Giles S. Rich, he is a graduate of Penn Law School and MIT, where he studied molecular biology and microeconomics. He was elected to the European Academy of Sciences and Arts in 2012 and the Academia Europaea in 2024.
His private sector work through Kieff Strategies LLC (www.kieffstrategies.com) provides neutral services including mediation and compliance, and expert services including crisis management, advising, and testimony.
The Supreme Court Tackles Patent Reform: Inter Partes Review Under the AIA Undermines the Structural Protections Offered by Article III Courts
Richard A. Epstein
Federalist Society Review, Volume 19
Note from the Editor: This article criticizes Justice Clarence Thomas’ opinion in Oil States. It...
Topics
Liberty Month Revisited: America’s Great Charter
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
Topics
Sometimes “No” is the Right Answer for Market Transactions
Over the years, U.S. commercial spectrum policy has moved away from a government command-and-control regime...
Topics
Liberty Month Revisited: American Exceptionalism
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
Litigation Update: Trinity Western University v. Law Society of Upper Canada
Derek Ross
Religious Liberties Practice Group Teleforum
Trinity Western University (“TWU”) is a private institution organized around a specific viewpoint: evangelical Christianity. ...
Topics
Article I: Why Congress Matters
Before she was nominated by the President to the Office of Information and Regulatory Affairs...
Why Congress Matters
Neomi Rao
Hon. Neomi Rao has published a new Article I Paper in the Florida Law Review, titled Why...
Luncheon Address: Kenneth Wainstein
Kenneth L. Wainstein
The Tech Titans and National Security
Featuring: Hon. Kenneth L. Wainstein, Partner, Davis Polk & Wardwell LLP Introduction: Vincent Vitkowsky, Partner, Seiger Gfeller...
Luncheon Address: Kenneth Wainstein
Kenneth L. Wainstein
The Tech Titans and National Security
Featuring: Hon. Kenneth L. Wainstein, Partner, Davis Polk & Wardwell LLP Introduction: Vincent Vitkowsky, Partner, Seiger Gfeller...
Panel 2 — The Tech Titans' Duties to Assist the Government
Craig Albright, Matthew R. A. Heiman, David Kris, Stewart A. Baker, Mark Champoux, F. Scott Kieff
The Tech Titans and National Security
It is difficult to imagine any criminal acts, espionage, or terrorism that does not leave...