Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Professor of Law, Yeshiva University Benjamin N. Cardozo School of Law
Professor Brickman teaches Contracts, Professional Responsibility, and Land Use, among other courses. His areas of expertise include legal ethics, contingency fees, mass torts, and asbestos litigation. His writings on these and other subjects are widely cited and he is frequently quoted in the press.
Associate Dean for Academic Affairs, Austin E. Owen Research Scholar & Professor of Law, The University of Richmond School of Law
Dean Kristen Jakobsen Osenga teaches and writes in the areas of patent law, antitrust, and legislation and regulation. Some of her recent scholarship focuses on standard development organizations, patent eligible subject matter, patent licensing firms, litigation and remedies for patent infringement, and patent law reform. She has written numerous law review articles on these and other topics, as well as book chapters and op eds on various aspects of patent law. Additionally, she has spoken on these issues at many academic conferences and bar events. Dean Osenga is Chief Policy Counselor for the Inventors Defense Alliance, as well as an active member of the Federal Circuit Bar Association and the American Intellectual Property Law Association.
Dean Osenga received a B.S. degree in Biomedical Engineering from the University of Iowa, an M.S. degree in Electrical Engineering from Southern Illinois University – Carbondale, and a J.D. from the University of Illinois College of Law, where she graduated magna cum laude. After law school, she practiced at the law firm of Finnegan, Henderson, Farabow, Garrett, & Dunner LLP, (now Finnegan) where she did patent prosecution and litigation. She then clerked for the Judge Richard Linn of the U.S. Court of Appeals for the Federal Circuit. After clerking, she entered academia, teaching first at Chicago-Kent College of Law and then at the University of Richmond, where she has been since 2006. She has also been a Visiting Professor at Emory University School of Law and at William & Mary School of Law.
Assistant Professor of Law, Vanderbilt Law School
Partner, Troutman Pepper Hamilton Sanders LLP
Misha leads Troutman Peppers' national appellate and Supreme Court practice. Most recently, he successfully obtained orders from the Supreme Court blocking an unconstitutional restriction on places of worship, as well as overturning a lower court order that had blocked several state election laws. He has also argued and prevailed before the Supreme Court in Gill v. Whitford, one of the most significant redistricting cases in decades, as well as Murr v. Wisconsin, a high-stakes regulatory taking case.
Before joining Troutman, Misha served as Solicitor General of the State of Wisconsin. Misha previously served as a law clerk for the Honorable Anthony M. Kennedy of the Supreme Court, Janice Rogers Brown of the D.C. Circuit, and Alex Kozinski of the 9th Circuit. He graduated from Georgetown University Law Center, where he was President of the Federalist Society Chapter.
Assistant Professor of Law, Emory University School of Law
Alexander "Sasha" Volokh is an assistant professor of law, joining the Emory Law faculty in Fall 2009.
Professor Volokh earned his B.S. from UCLA and his J.D. and Ph.D. in economics from Harvard University. He clerked for Judge Alex Kozinski of the Ninth Circuit and for Supreme Court Justices Sandra Day O'Connor and Samuel Alito. Before coming to Emory, he was a visiting associate professor at Georgetown University Law Center and a visiting assistant professor at University of Houston Law Center.
His interests include law and economics, administrative law and the regulatory process, environmental law and policy, and legal history. His current research topics include the private management of government services, medieval law, judicial decisionmaking and statutory interpretation.
Partner, The Gardner Law Firm
David F. Barton has extensive experience in environmental, government and government contract, and corporate law. He joined The Gardner Law Firm in 1996 after serving as a United States Air Force JAG officer as well as having six years of private practice with firms in Texas. Mr. Barton counsels clients in environmental matters, government contracts, regulatory compliance, commercial law, and litigation related to those areas. He represents industries, businesses and government units on matters involving water, air, solid and hazardous waste, toxins, wetlands, endangered species, historic preservation, NEPA, Superfund, and federal and state court litigation in those areas. He has taught courses in criminal law, litigation, administration of justice and environmental crimes at several universities throughout the United States, and he has been a guest speaker at environmental law and government contract seminars. Mr. Barton has been licensed to practice in Texas since 1991, and is also licensed in Arkansas. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Military Appeals, and several United States Circuit Courts of Appeals and United States District Courts. He is a member of the State Bar of Texas (Environmental & Natural Resources Section, among others); College of the State Bar of Texas, the Arkansas Bar Association, the Arkansas Bar Foundation (Fellow), the Association of Trial Lawyers of America, and the San Antonio Bar Association (Environmental Section). He is also an active participant in the San Antonio Manufacturers Association, the Alamo Area Chapter - Air & Waste Management Association, and Citizens Advisory Panel of the San Antonio Water System.
University of Arkansas, J.D., 1975; Central Methodist College; University of Missouri at Columbia, B.A., 1967
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Associate Dean for Academic Affairs, Austin E. Owen Research Scholar & Professor of Law, The University of Richmond School of Law
Dean Kristen Jakobsen Osenga teaches and writes in the areas of patent law, antitrust, and legislation and regulation. Some of her recent scholarship focuses on standard development organizations, patent eligible subject matter, patent licensing firms, litigation and remedies for patent infringement, and patent law reform. She has written numerous law review articles on these and other topics, as well as book chapters and op eds on various aspects of patent law. Additionally, she has spoken on these issues at many academic conferences and bar events. Dean Osenga is Chief Policy Counselor for the Inventors Defense Alliance, as well as an active member of the Federal Circuit Bar Association and the American Intellectual Property Law Association.
Dean Osenga received a B.S. degree in Biomedical Engineering from the University of Iowa, an M.S. degree in Electrical Engineering from Southern Illinois University – Carbondale, and a J.D. from the University of Illinois College of Law, where she graduated magna cum laude. After law school, she practiced at the law firm of Finnegan, Henderson, Farabow, Garrett, & Dunner LLP, (now Finnegan) where she did patent prosecution and litigation. She then clerked for the Judge Richard Linn of the U.S. Court of Appeals for the Federal Circuit. After clerking, she entered academia, teaching first at Chicago-Kent College of Law and then at the University of Richmond, where she has been since 2006. She has also been a Visiting Professor at Emory University School of Law and at William & Mary School of Law.
Partner, Consovoy McCarthy
Mr. Green helps clients litigate constitutional, statutory, and regulatory issues in courts and agencies throughout the country. Before joining the firm, he served as the Solicitor General of the State of Utah for five years. In that role, he oversaw all civil and criminal appellate matters in which the State of Utah or its officers or agencies were a party. While serving as solicitor general, he successfully argued cases before the Supreme Court of the United States, the U.S. Court of Appeals for the Tenth Circuit, and the Utah Supreme Court. He also led the Utah Attorney General office’s multistate litigation efforts, both challenging and defending regulatory actions by the federal government and other states. And he oversaw the division of the Utah Attorney General’s office responsible for defending cases challenging the constitutionality of state law. Before his service to the State of Utah, Mr. Green was Deputy Chief Counsel for Litigation at the U.S. Chamber Litigation Center. He began his career at Gibson, Dunn & Crutcher LLP’s Washington, D.C. office, where he litigated a variety of appellate and trial-court cases. Mr. Green served as a law clerk to Justice Clarence Thomas at the U.S. Supreme Court, to Judge Michael McConnell at the U.S. Court of Appeals for the Tenth Circuit, and to Judge Paul Cassell at the U.S. District Court for the District of Utah. He earned both his undergraduate and law degrees from the University of Utah. At the College of Law, he served as Editor in Chief of the Utah Law Review and graduated Order of the Coif and first in his class. He currently serves on the Utah Supreme Court’s advisory committee for the Utah Rules of Appellate Procedure and has been named one of Utah’s Legal Elite by Utah Business magazine.
Retired, Winston & Strawn LLP
Jerry Loeser is of counsel in the Chicago office of Winston & Strawn, and his practice focuses on banking regulation. He has extensive experience in counseling financial services clients on, among other things, bank acquisitions, privacy, financial modernization, the USA PATRIOT Act, Basel II and III, lending limits, capital, trust, affiliate transactions, and Federal Reserve, OCC, FDIC, and CFPB regulations.
Prior to working at large corporate law firms, Jerry was chief regulatory and compliance counsel for Comerica Bank, where he also served as senior vice president and deputy general counsel and as general counsel of its retail bank division. Before that, he served as chief regulatory in-house counsel at Wells Fargo & Co. Jerry began his legal career advising the Board of Governors of the Federal Reserve System in Washington, D.C.
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
Sandra Day O'Connor Professor of Law & Professor of Government, William & Mary Law School
Neal Devins is the Sandra Day O’Connor Professor of Law and Professor of Government at the College of William and Mary. He is the author of several books and more than 100 articles and book chapters on courts, constitutional law, and law & politics. His books include The Company They Keep (Oxford 2019) (with Larry Baum), The Democratic Constitution (Oxford 2d ed. 2015) (with Louis Fisher), Political Dynamics of Constitutional Law (West 6th ed. 2019) (with Louis Fisher), and Shaping Constitutional Values: The Supreme Court, Elected Government, and the Abortion Dispute (Johns Hopkins University Press 1996). His articles have appeared in The Yale Law Journal, The Stanford Law Review, The Columbia Law Review, The Michigan Law Review, The California Law Review, The Virginia Law Review, The University of Pennsylvania Law Review, The University of Chicago Law Review, The New York University Law Review, and several other journals and magazines. Professor Devins is also the author of op-eds appearing in The Wall Street Journal, The New York Times, The Washington Post, The Los Angeles Times, Slate, and several other newspapers. He has testified before House and Senate committees on budget reform and the separation of powers. Professor Devins is a graduate of Georgetown University (A.B. 1978) and Vanderbilt Law School (J.D. 1982).
President, Committee for Justice
Curt Levey is President of the Committee For Justice, an organization devoted to advancing constitutionally limited government and individual liberty. He is a veteran of Supreme Court and other judicial confirmation battles and serves on the executive committee of the Federalist Society's Civil Rights Practice Group.
After graduating Harvard Law School with honors and clerking for the U.S. Court of Appeals for the Sixth Circuit, Mr. Levey served as Director of Legal & Public Affairs at the Center for Individual Rights (CIR). There he worked on landmark Supreme Court cases, including the University of Michigan affirmative action cases and the successful constitutional challenge to the Violence Against Women Act. After CIR, Mr. Levey headed the Title IX policy group at the U.S. Department of Education.
Before attending law school, Mr. Levey earned an M.S. and B.A. in computer science from Brown University and worked in the field of artificial intelligence (AI). He invented a new type of AI technology, for which he wrote a successful patent application.
Simeon E. Baldwin Professor Emeritus of Law, Yale Law School
Peter H. Schuck is the Simeon E. Baldwin Professor Emeritus of Law and Professor (Adjunct) of Law at Yale Law School where he has held the chair since 1984. He has also served as Deputy Dean. His major fields of teaching and research are tort law; immigration, citizenship, and refugee law; groups, diversity, and law; and administrative law. His most recent books include Targeting in Social Programs: Avoiding Bad Bets, Removing Bad Apples; Meditations of a Militant Moderate: Cool Views on Hot Topics; Immigration Stories; Foundations of Administrative Law; Diversity in America: Keeping Government at a Safe Distance; and The Limits of Law: Essays on Democratic Governance. He is also co-editor, with James Q. Wilson, of Understanding America. He is a member of the American Law Institute's advisory committee for the Restatement of Torts (Third), Basic Principles, and a contributing editor to The American Lawyer. Prior to joining Yale, he was Principal Deputy Assistant Secretary for Planning and Evaluation in the U.S. Department of Health, Education, and Welfare. Professor Schuck holds a B.A. from Cornell, a J.D. from Harvard Law School, an LL.M. in International Law from N.Y.U., and an M.A. in Government from Harvard.
Associate, King & Spalding
Brian Callanan is an associate in the national appellate practice at King & Spalding. He has participated in cases before the Supreme Court, federal courts of appeals, and state and federal trial courts.
Mr. Callanan has drafted appellate briefs and critical motions in matters involving a broad range of complex legal issues. He has considerable experience litigating against federal agencies and advising clients on administrative law matters. He has represented clients before, or in litigation against, agencies including the Department of Transportation, National Labor Relations Board, Securities & Exchange Commission, Commodity Futures Trading Commission, Federal Reserve, Department of Health & Human Services, and Food & Drug Administration. Among other successes, he participated in an Administrative Procedure Act challenge that prompted a federal agency to withdraw the costliest regulatory mandate in the history of the U.S. railroad industry. He co-chairs the Rulemaking Committee of the American Bar Association’s administrative law section and is a member of the Executive Committee of the Federalist Society’s administrative law section.
Before joining King & Spalding, Mr. Callanan was general counsel to U.S. Senator Rob Portman. In that position, he served as principal adviser on tax policy, regulatory policy, and legal issues cutting across all substantive areas. He developed and drafted bipartisan legislation on a range of issues, including bipartisan bills to reform the rulemaking process, to strengthen economic analysis by independent regulatory agencies, to reform the federal permitting process for major infrastructure projects, and to expedite the sale of excess federal property. He advised Senator Portman in connection with his work on the Finance Committee and the Homeland Security & Governmental Affairs Committee. During the same period, he served as staff director of a Senate oversight subcommittee with jurisdiction over all aspects of federal contracting.
Previously, Mr. Callanan was a litigation associate at another major law firm in Washington, D.C.
Mr. Callanan served as a law clerk to Judge A. Raymond Randolph of the U.S. Court of Appeals for the District of Columbia Circuit. He received his J.D., cum laude, from Harvard Law School in 2008. At Harvard, Mr. Callanan served as Articles Editor of the Harvard Journal of Law & Public Policy. Before law school, he served as a speechwriter in the U.S. Senate. Mr. Callanan earned his undergraduate degree, magna cum laude, from Claremont McKenna College, where he was elected to Phi Beta Kappa.
Mesothelioma Litigation - Podcast
Mark A. Behrens, Lester Brickman
Litigation Practice Group Podcast
The tragedy of asbestos continues to play out. The ensuing litigation has no counterpart in...
Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. - Post-Argument SCOTUScast
Kristen Osenga
SCOTUScast 10-20-14 featuring Kristen Osenga
On October 15, 2014, the Supreme Court heard oral argument in Teva Pharmaceuticals USA, Inc....
Regulating the Regulators: North Carolina Board of Dental Examiners v. Federal Trade Commission - Podcast
Rebecca Haw Allensworth, Misha Tseytlin
Litigation Practice Group Podcast
The North Carolina State Board of Dental Examiners is the state agency responsible for regulating...
North Carolina State Board of Dental Examiners v. Federal Trade Commission - Post-Argument SCOTUScast
Alexander Volokh
SCOTUScast 10-20-14 featuring Alexander Volokh
On October 14, 2014, the Supreme Court heard oral argument in North Carolina Board of...
Challenging Racial Preferences in Government Contracts - Podcast
David F. Barton, Roger B. Clegg
Civil Rights Practice Group Podcast
While the Supreme Court in City of Richmond v. J.A. Croson Co. (1989) and Adarand...
Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. - Podcast
Kristen Osenga
Intellectual Property Practice Group Podcast
In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court will address the level...
Dart Cherokee Basin Operating Company v. Owen - Post-Argument SCOTUScast
Tyler Green
SCOTUScast 10-15-14 featuring Tyler Green
On October 7, 2014, the Supreme Court heard oral argument in Dart Cherokee Basin Operating...
Developments at the Consumer Financial Protection Bureau September 10, 2014 – October 14, 2014
Julius L. Loeser, Todd J. Zywicki
CFPB Update
Developments at the Consumer Financial Protection Bureau September 10, 2014 – October 14, 2014 Julius...
Take Care Now: Stare Decisis and the President’s Duty to Defend Acts Of Congress - Podcast
Neal E. Devins, Curt Levey
Federalism & Separation of Powers Practice Group Podcast
The recent debate over President Obama’s enforcement of immigration laws and the Affordable Care Act...
Why Government Fails So Often: And How It Can Do Better - Podcast
Peter H. Schuck, Brian Richard Callanan
Administrative Law & Regulation Practice Group Podcast
From healthcare to workplace conduct, the federal government is taking on ever more responsibility. At...