Founding Principal, Gupta Wessler PLLC
Deepak Gupta is the founding principal of Gupta Wessler PLLC. He focuses on Supreme Court, appellate, and complex litigation on a wide range of issues, including constitutional law, class actions, and consumers’ and workers’ rights.
Deepak is “known as a skilled appellate lawyer” (New York Times), “one of the emerging giants of the appellate and the Supreme Court bar,” a “heavy hitter,” and a “principled” and “incredibly talented lawyer” (Law 360). He is described in Chambers and Partners USA as “an excellent lawyer” with a “vibrant appellate practice focused on public interest cases and plaintiff-side representations.” Fastcase recently recognized him as “one of the country’s top litigators,” noting that “what sets him apart” is his legal creativity. The National Law Journal has singled out Deepak’s “calm, comfortable manner that conveys confidence” in oral argument.
Deepak regularly appears in the U.S. Supreme Court and appellate courts nationwide. In the 2016-2017 U.S. Supreme Court term, Deepak’s firm was counsel of record for parties in three merits cases; he was lead counsel in two, prevailing in both. Beyond the Supreme Court, Deepak has handled appeals in every federal circuit and seven state supreme courts. He is frequently sought out by trial lawyers to defend their most consequential victories or resurrect worthy claims on appeal—often after years of hard-fought litigation. He also works with co-counsel to design cases from the ground up—focusing on class actions and administrative and constitutional challenges. In one class action, Deepak represented all of the nation’s federal bankruptcy judges, recovering more than $50 million in back pay for the judges over Congress’s violation of the Constitution’s Judicial Compensation Clause. As the American Lawyer observed, “it’s hard to imagine a higher compliment than being hired to represent federal judges.”
Deepak’s clients have included national nonprofits, state and local governments, members of Congress, retail merchants, tech companies, and classes of consumers and workers harmed by corporate wrongdoing. He currently represents the American Association for Justice (on forced arbitration and civil justice issues), Everytown for Gun Safety (in Second Amendment litigation), and Citizens for Responsibility and Ethics in Washington (in litigation over the Emoluments Clauses).
Before founding the firm in 2012, Deepak served as Senior Counsel for Litigation and Senior Counsel for Enforcement Strategy at the Consumer Financial Protection Bureau. As the first appellate litigator hired under Elizabeth Warren’s leadership, he launched the Bureau’s amicus program, defended its regulations, and worked with the Solicitor General’s office on Supreme Court matters. For seven years previously, he was an attorney at Public Citizen Litigation Group, where he founded and directed the Consumer Justice Project and was the Alan Morrison Supreme Court Project Fellow. Before that, he worked on voting rights litigation at the Civil Rights Division of the U.S. Department of Justice, prisoners’ rights litigation at the ACLU, and religion clause litigation at Americans United for Separation of Church and State.
Deepak frequently engages in public advocacy and speaking, has testified multiple times before the U.S. House of Representatives and U.S. Senate, and appears frequently in the national print and broadcast media. He is currently a 2018-2019 Wasserstein Public Interest Fellow at Harvard Law School and has previously taught courses on public interest law and appellate advocacy as an Adjunct Professor of Law at Georgetown and American universities. He served as a law clerk to Judge Lawrence K. Karlton of the U.S. District Court for the Eastern District of California and studied law at Georgetown, Sanskrit at Oxford, and philosophy at Fordham.
Deepak is an elected member of the American Law Institute and sits on the boards of directors of the National Consumer Law Center, The Impact Fund, and the Alliance for Justice, and the advisory boards of the University of California’s Civil Justice Research Initiative, the Biden Institute, and the Institute for Consumer Antitrust Studies.
Partner, Mayer Brown LLP
Andrew Pincus is a partner in Mayer Brown LLP resident in Washington, D.C. His practice focuses on Supreme Court and appellate litigation.
Andy has argued 29 cases in the Supreme Court of the United States, including Lamps Plus, Inc. v. Varela and Frank v. Gaos in the October 2018 Term; as well as his recent victories in Impression Products, Inc. v. Lexmark International, Inc. (2017); Kindred Nursing Home Centers Limited Partnership v. Clark (2017); and Spokeo, Inc. v. Robins (2016). Law360 ranked Andy’s victory in AT&T Mobility v. Concepcion (2011), as the most important Supreme Court class action decision of the last 15 years.
Andy appears regularly before federal and state appellate courts and federal district courts. His practice also includes written and oral advocacy before Congress, other legislative bodies, and regulatory agencies regarding a variety of policy and legal issues.
A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year.
While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection.
Andy is a graduate of Yale College and Columbia Law School, where he was a Notes & Comments Editor of the Columbia Law Review. He served as Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982).
Adjunct Fellow, Manhattan Institute
Judith Miller is an adjunct fellow at the Manhattan Institute and a City Journal contributing editor. A best-selling author and Pulitzer Prize-winning investigative reporter formerly with the New York Times, she has won numerous awards for her articles and her defense of the First Amendment.
Since 2008, Ms. Miller has been a commentator for Fox News, speaking on terrorism and other national security issues, the Middle East, U.S. foreign policy, and the need to strike a delicate balance between protecting both national security and civil liberties in a post-9/11 world.
Prior to leaving the Times in October, 2005, she spent 85 days in jail to defend a reporter's right to protect confidential sources. That year she received the Society of Professional Journalists' "First Amendment Award" for her defense of an independent press. Since leaving jail, she has been advocating the enactment of a Federal shield law to protect the relationship between reporters and their sources and the public's right to know.
Ms. Miller has written four books and contributed chapters to several others. Her most recent book, "Germs: Biological Weapons and America's Secret War" (Simon & Schuster, 2001), written with two Times colleagues, topped the best seller's list in the wake of 9/11 and the anthrax letter terrorist attacks. Her previous book, "God Has Ninety-Nine Names", (Simon & Schuster, 1996) explores the spread of Islamic extremism in ten Middle Eastern countries, including Israel and Iran. "One, By One, By One" (Simon & Schuster, 1990) is a highly praised account of how people in six nations have distorted the memory of the Holocaust. That same year, she co-authored "Saddam Hussein and the Crisis in the Gulf" (Times Books), which also topped The Times Best Seller list during the 1991 Gulf war. Her new book, “The Story, A Reporter’s Journey,” is being published by Simon & Schuster this spring.
In 2002, Ms. Miller was part of a small team that won a Pulitzer Prize for "explanatory journalism" for her January, 2001 series on Osama bin Laden and Al Qaeda. That same year, she won an Emmy for her work on a Nova/New York Times documentary based on articles for her book, "Germs." She was part of the Times team that won the prestigious DuPont award for a series of programs on terrorism for PBS's "Frontline."
Ms. Miller holds a bachelor's degree from Barnard and a master's from Princeton University's Woodrow Wilson School of Public and International Affairs. She resides in New York City and Sag Harbor with her husband, Jason Epstein, a publisher and writer.
Visiting Scholar, American Enterprise Institute
Dr. Arthur Herman (Ph.D. Johns Hopkins, 1985) is the author of seven books, including the New York Times bestselling How the Scots Invented the Modern World (2001); the Pulitzer Prize Finalist Gandhi and Churchill (2008); To Rule the Waves: How the British Navy Shaped the Modern World (nominated for the UK’s Mountbatten Prize); and the highly acclaimed Freedom’s Forge: How American Business Produced Victory in World War II, which The Economist magazine picked as one of the Best Books of 2012.
His most recent work, The Cave and the Light: Plato Versus Aristotle and the Struggle for the Soul of Western Civilization, was published by Random House in 2013.
Educated at the University of Minnesota and Johns Hopkins University in history and classics, Dr. Herman is a frequent contributor on defense, energy, and technology issues to Commentary magazine, the New York Post, National Review, and the Wall Street Journal. He was also the first non-British citizen to be named to the Scottish Arts Council from 2007 to 2009.
Director, Center for Energy, Climate, and Environment and The Herbert and Joyce Morgan Fellow in Energy and Environmental Policy, The Heritage Foundation
Diana Furchtgott-Roth is director of the Center for Energy, Climate, and Environment and the Herbert and Joyce Morgan Fellow in Energy and Environmental Policy at The Heritage Foundation. She is an Oxford-educated economist, a frequent guest on TV and radio shows, and a columnist for Forbes.
Diana worked in senior roles in the White House under Presidents Reagan, George H.W. Bush, and George W. Bush. She has served as Deputy Assistant Secretary for Research and Technology at the U.S. Department of Transportation; Acting Assistant Secretary for Economic Policy at the U.S. Department of Treasury; Chief Economist at the U.S. Department of Labor; Chief of Staff of the President’s Council of Economic Advisers; and Deputy Executive Secretary of the White House Domestic Policy Council.
Diana is the author or coauthor of six books and hundreds of articles on economic policy, including Regulating to Disaster: How Green Jobs Policies are Destroying America's Economy (Encounter Books, 2012). Her most recent book is United States Income, Wealth, Consumption, and Inequality (Oxford University Press, 2021). She received degrees in economics from Swarthmore College and Oxford University.
Founder, Law Office of Eileen J. O'Connor PLLC
After nearly 30 years as a national tax specialist with the IRS and major accounting firms, Eileen J. O’Connor, now an attorney in private practice, was Assistant Attorney General for the Justice Department’s Tax Division for six years during the administration of President George W. Bush and a member of then-President-elect Trump’s Treasury Department Transition Team. She focuses on federal administrative and tax law.
W. H. Brady Scholar, American Enterprise Institute
Charles Murray is a political scientist, author, and libertarian. He first came to national attention in 1984 with the publication of Losing Ground, which has been credited as the intellectual foundation for the Welfare Reform Act of 1996. His 1994 New York Times bestseller, The Bell Curve (Free Press, 1994), coauthored with the late Richard J. Herrnstein, sparked heated controversy for its analysis of the role of IQ in shaping America’s class structure. Murray's other books include What It Means to Be a Libertarian (1997), Human Accomplishment (2003), In Our Hands (2006), and Real Education (2008). His most recent book, Coming Apart (Crown Forum, 2012), describes an unprecedented divergence in American classes over the last half century.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Associate Professor of Law, University of Baltimore School of Law
Bessler has taught at the University of Minnesota Law School and The George Washington University Law School. He clerked for U.S. Magistrate Judge John M. Mason of the District of Minnesota, and practiced law for many years in the area of civil litigation as a partner at the Minneapolis law firm of Kelly & Berens, P.A. He has written five books, four on the subject of capital punishment and one on the craft of writing. His undergraduate degree is in political science, while his master's degree is in international human rights law. His law review articles have appeared in the Indiana Law Journal, the Arkansas Law Review, the Hastings International and Comparative Law Review and elsewhere. John Bessler also teaches a capital punishment seminar as an adjunct professor at the Georgetown University Law Center.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
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Engage Volume 16, Issue 1
*Online Only Issue Administrative Law & Regulation Getting More Benefits From Benefit Cost Analysis by J....
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