Administrative Deference and the Separation of Powers: A Follow-up on the Tetra Tech Decision
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Professor of Law, Notre Dame Law School
Professor Dan Kelly teaches and writes in the areas of property law, remedies, and wills, trusts, and estates. He is also a co-founder and co-director (with Professor Margaret Brinig) of the Notre Dame Law and Economics Program. A member of the American Law Institute, Kelly serves as an associate reporter for the Restatement (Fourth) of Property. During spring 2016, he was a Visiting Professor of Law at the University of Chicago Law School.
Kelly’s research focuses on the economic analysis of property law, including the assembly of land for economic development, the sharing and division of property among multiple parties through contracts, leases, and trusts, and the transfer of wealth at death. He has presented two articles at the Harvard/Stanford/Yale Junior Faculty Forum: “Strategic Spillovers,” published in the Columbia Law Review, and “The Right to Include,” published in the Emory Law Journal. His research on the government’s use of eminent domain has appeared in the Cornell Law Review, Harvard Law Review Forum, Supreme Court Economic Review, and Research Handbook on the Economic Analysis of Property Law. And he has written several articles on wills, trusts, and fiduciary law, including “Toward Economic Analysis of the Uniform Probate Code” and “Restricting Testamentary Freedom: Ex Ante Versus Ex Post Justifications.”
Kelly has served as a referee for a number of journals, law reviews, and university presses, including the American Law & Economics Review, European Association of Law & Economics, Harvard Law Review, Journal of Law, Economics, & Organization, Journal of Legal Analysis, Review of Law & Economics, Society for Institutional & Organizational Economics, University of Chicago Law Review, University of Chicago Press, Yale Law Journal, and Yale University Press. He is a frequent lecturer on property at the Sponsors for Educational Opportunity (SEO) Law Institute. At Notre Dame, he also serves as a faculty advisor for the Philosophy, Politics, and Economics (PPE) Program, a faculty fellow at the Research Program on Law and Market Behavior, and a member of the Faculty Board on Athletics.
Before joining the NDLS faculty, Kelly was a clerk on the U.S. Court of Appeals for the Second Circuit, an attorney at Cravath, Swaine & Moore, and a fellow at Yale and Harvard Law School. He is a graduate of Harvard Law School and the University of Notre Dame.
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
In 1994, Professor of Law Michael I. Krauss became the law school's first recipient of the university's "Teacher of the Year" award for his engaging and challenging approach in the classroom. Born in the United States but raised in Canada, Professor Krauss speaks legalese in two languages. He earned his B.A. cum laude from Carleton University, his LL.B. summa cum laude from the Université de Sherbrooke, and his LL.M. from Yale Law School, where he was a Commonwealth Scholar. He was Columbia University's Law and Economics Fellow in 1981. He has been teaching at George Mason since 1987 and also has taught at the law schools of Seattle University, the University of Toronto, and the Université de Sherbrooke.
Hired as a law clerk by Justice Louis-Philippe Pigeon of Canada's Supreme Court, Professor Krauss practiced law for Quebec City's largest law firm before entering academia. He also served for five years on Québec's Human Rights Commission. A Salvatori Fellow of the Heritage Foundation and an academic fellow of the Foundation for the Defense of Democracies, Professor Krauss sits on the advisory boards of several think tanks. He served as president of the Virginia Association of Scholars and on the Board of Governors of the Education Section of the Virginia State Bar, and is currently a member of the Board of Governors of the National Association of Scholars.
Professor Krauss teaches Torts, Legal Ethics and Jurisprudence, and has a strong interest in national security issues. His research on torts and ethics is nationally known. He co-authored the first edition of Legal Ethics in a Nutshell in May 2003. This book digests the Model Rules in an engaging and often critical fashion. The second edition was published in 2006. Professor Krauss is now under contract with West Publications to produce an innovative textbook on Products Liability in late 2008.
Professor Krauss received his B.A. cum laude from Carleton University, his LL.B. summa cum laude from the Université de Sherbrooke, and his LL.M. from Yale Law School.
Managing Director, Lexpat Global Services
Adam R. Pearlman is the Founder and Managing Director of Lexpat Global Services, an international law and consulting services firm specializing in security, defense, investigations, compliance, and training. A Special Advisor to and member of the Executive Committee of the Federalist Society’s International and National Security Law Practice Group, he is National Security Law expert and a proven senior leader with more than fifteen years of experience across the U.S. Departments of Justice, Defense, and State, in the White House, and with the U.S. Federal Judiciary.
Most recently, he served as the Senior Advisor for Legal Policy in the State Department’s Bureau of Counterterrorism, where he counseled senior officials on matters covering the entire spectrum of programs and operations to counter terrorism and violent extremism. While participating in sensitive diplomatic engagements and helping to coordinate military operations, he also advised in the development of sanctions policy and initiatives to build legal and operational capacity in partner nations. Mr. Pearlman also managed the Bureau’s participation in federal litigation and led U.S. delegations in multilateral forums concerning criminal justice and rule of law.
A former Associate Deputy General Counsel of the Department of Defense, Mr. Pearlman was agency counsel for complex civil and criminal national security matters in federal and military courts, and led the Supreme Court and appellate unit of the team dedicated to litigating classified counterterrorism cases. His earlier service in the Department of Justice spanned four litigating divisions and the Office of the Deputy Attorney General. His diverse experience included reviewing complex international transactions and mergers, and advising on immigration removal proceedings, human rights abuses, and terrorist financing investigations. Mr. Pearlman also served with distinction in Iraq as an early advisor to the Iraqi High Tribunal’s prosecution of Saddam Hussein. He was a law clerk for The Honorable Royce C. Lamberth, and during law school interned in the White House Counsel’s Office.
Mr. Pearlman is a Term Member of the Council on Foreign Relations, a Visiting Fellow at the National Security Institute at George Mason University’s Antonin Scalia Law School, a member of the American Bar Association’s Africa Law Initiative Council, and a member of the Center for Strategic & International Studies’ Project on Nuclear Issues. He is a former National Security Fellow at the Foundation for Defense of Democracies, vice chairman of the ABA Section of International Law’s committees on national security, and aerospace and defense, and also previously served as a liaison to the Board of Directors of the ABA’s Rule of Law Initiative. He has been co-editor of the U.S. Intelligence Community Law Sourcebook since 2011 and has published articles in the Harvard National Security Journal, Stanford Law & Policy Review, and Intelligence & National Security.
Mr. Pearlman earned his B.A., with honors, from UCLA, and his J.D., with honors, from The George Washington University Law School, where he was a member of the International Law Review. He also earned a Master of Science of Strategic Intelligence degree from the National Intelligence University, where he was the inaugural recipient of the Kornblum Award for national security law and ethics. Mr. Pearlman speaks and reads Portuguese at the intermediate level and holds certificates in international human rights law from the University of Oxford and in U.S. and international anti-corruption law from American University’s Washington College of Law. He is admitted to the State Bars of California and Virginia, as well as to the Bar of the United States Supreme Court.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
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.
Chairman of the Board, The Ayn Rand Institute
Yaron Brook is chairman of the board of the Ayn Rand Institute. He wears many hats at the institute and travels extensively as ARI’s spokesman.
Brook can be heard weekly on The Yaron Brook Show, which airs live on the BlogTalkRadio podcast. He is also a frequent guest on national radio and television programs.
An internationally sought-after speaker and debater, Brook also pens works that make one think. As coauthor, with Don Watkins, of the national best-seller Free Market Revolution: How Ayn Rand's Ideas Can End Big Government, Brook and Watkins argue that the answer to our current economic woes lies not in "trickle-down government" but in Rand's inspiring philosophy of capitalism and self-interest. Last year, Brook and Watkins released a new book, Equal Is Unfair: America's Misguided Fight Against Income Inequality, a book that shows the real key to making America a freer, fairer, more prosperous nation is to protect and celebrate the pursuit of success―not pull down the high fliers in the name of equality. Brook is also contributing author to Neoconservatism: An Obituary for an Idea, Winning the Unwinnable War: America’s Self-Crippled Response to Islamic Totalitarianism and Big Tent: The Story of the Conservative Revolution — As Told by the Thinkers and Doers Who Made It Happen. He was a columnist at Forbes.com, and his articles have been featured in the Wall Street Journal, USA Today, Investor’s Business Daily and many other publications.
Brook was born and raised in Israel. He served as a first sergeant in Israeli military intelligence and earned a BSc in civil engineering from Technion-Israel Institute of Technology in Haifa, Israel. In 1987 he moved to the United States where he received his MBA and PhD in finance from the University of Texas at Austin; he became an American citizen in 2003. For seven years he was an award-winning finance professor at Santa Clara University, and in 1998 he cofounded BH Equity Research, a private equity and hedge fund manager, of which he is managing founder and director.
Brook serves on the boards of the Ayn Rand Institute, the Clemson Institute for the Study of Capitalism and CEHE (Center for Excellence in Higher Education), and he is a member of the Association of Private Enterprise Education and the Mont Pelerin Society.
Partner, Gibson, Dunn & Crutcher, LLP
Svetlana S. Gans is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, LLP where she helps clients navigate complex consumer protection, privacy, and competition related regulatory proceedings before the U.S. Federal Trade Commission (FTC), , U.S. Department of Justice Antitrust Division, State Attorneys General and other enforcement bodies. Ms. Gans also assists on litigation matters and provides strategic counseling and advice related to public policy issues.
Before joining Gibson Dunn, she served as the Vice President & Associate General Counsel at NCTA, the Internet & Television Association, where she helped lead the association’s consumer protection and competition policy work. Prior to joining NCTA, Ms. Gans served with distinction as Chief of Staff to Acting Chairman Maureen K. Ohlhausen at the FTC. As the agency chief of staff, Ms. Gans managed and oversaw agency operations, including bureau and office heads reporting to the Chairman, a seven-member office staff, and an agency budget of over $300 million. She also served as the Acting Chairman’s key advisor on consumer protection and competition investigations and litigation, working with a diverse team of attorneys and economists to preserve competition and protect U.S. consumers. She created, executed, and oversaw several strategic initiatives for the agency, including the agency process reform, regulatory reform, and data security transparency initiatives. Previously, Ms. Gans had the unique experience of serving in both litigating bureaus of the FTC: the Bureau of Competition and the Bureau of Consumer Protection.
Prior to her time in government, Ms. Gans worked as an antitrust associate at major law firms. Her practice focused on defending consumer product, financial services, and trade association clients in regulatory and private investigations alleging conspiracy and violations of antitrust and consumer protection laws.
Ms. Gans has been an active leader in the ABA Antitrust Law Section (“Section”) for two decades, and currently serves as the Section’s Marketing Officer. Ms. Gans helped create the Section’s Young Lawyer Representative Program, now in its 10th year, and the Section’s Law Ambassador Program, each aimed at developing and promoting the next generation of consumer protection and competition attorneys. Ms. Gans is also active in the Federal Communications Bar Association, currently serving as Co-Chair of the Diversity Pipeline Initiative and the Women’s Leadership Committee.
Ms. Gans received her law degree with high honors from the University of Denver College of Law. During law school, Ms. Gans served as a Judicial Intern to the Honorable John L. Kane, Jr. and as an Honors Program Paralegal for the United States Department of Justice Antitrust Division, Merger Taskforce. Ms. Gans earned her undergraduate degree cum laude from Boston University.
Managing Partner, Wilkinson Barker Knauer LLP
Bryan Tramont, the firm’s managing partner, offers strategic counsel to Fortune 100 companies and trade associations, as well as small and mid-sized telecommunications and media companies, on all aspects of communications law and regulation. He is regularly called on to advise companies as they develop and evaluate new business opportunities in the technology, media, and telecommunications sectors. Mr. Tramont also designs and leads the execution of the firm’s strategic plan and directs client management and development. Mr. Tramont has been recognized by leading publications like Legal 500, Chambers USA, and Washingtonian as one of the nation’s top communications lawyers. In 2017, he was named to the inaugural Legal 500 Hall of Fame List, which highlights individuals who have received constant praise by their clients and who have been recognized by the Legal 500 as an elite leading lawyer for six consecutive years. He has been awarded The Best Lawyers in America © 2017 “Lawyer of the Year” for Media Law and “Lawyer of the Year" in Communications Law in 2016. In 2016, he was also named one of the Top 10 Washington, DC Super Lawyers.
Mr. Tramont serves on the Commerce Spectrum Management Advisory Committee (CSMAC), advising the Assistant Secretary of Commerce for Communications and Information at NTIA. Appointed under the Bush and Obama Administrations, he also served as the committee’s Co-Chairman from 2008-2010. In addition, Mr. Tramont is active in the Federal Communications Bar Association, where he served in a variety of leadership roles, including as President from 2010-11 and has been awarded the organization’s Distinguished Service Award. Mr. Tramont chairs the Federalist Society’s Telecommunications Practice Group Executive Committee, serves on the International Institute of Communications Canada Board of Directors, and previously served on the Governing Committee of the ABA Forum on Communications Law. Mr. Tramont currently is an adjunct law professor at The Catholic University of America as part of the Communications Law Institute, is a senior adjunct fellow at the University of Colorado, Boulder, has served as the Syracuse University Law School’s Practitioner in Residence, and is on the Board of Trustees at William Woods University. Mr. Tramont is the author of numerous articles on communications policy and is a frequent speaker and lecturer at academic and industry events. Prior to joining Wilkinson Barker Knauer, Mr. Tramont served as Chief of Staff of the Federal Communications Commission under Chairman Michael Powell. As Chief of Staff, Mr. Tramont managed all aspects of the agency’s operations and directed FCC staff in implementing all components of the agency’s policy portfolio including media, broadband, mobility, and traditional telephone services. Before being elevated to Chief of Staff, Mr. Tramont was Chairman Powell’s Senior Legal Advisor, advising him on strategic policy matters and on wireless, international, technology, satellite, and consumer issues. Mr. Tramont also served as Senior Legal Advisor to Commissioner Kathleen Abernathy and, before that, to Commissioner Harold Furchtgott-Roth. He also served as a law clerk for the Honorable Duane Benton on the Supreme Court for his home state of Missouri. In addition, Mr. Tramont has served as an expert witness in a number of communications-related litigation matters.
Bryan Tramont graduated summa cum laude from The George Washington University with a degree in political science. He earned his law degree from Yale Law School, where he served as editor of the Yale Law & Policy Review.
Senior Advisor, Freshfields
Christine is a senior advisor in our antitrust, competition and trade practice with more than 25 years of public and private sector experience at the intersection of law, policy and politics. Based in Washington, DC, she counsels senior executives and boards of directors on how to navigate complex and evolving legal and regulatory regimes to achieve their desired business goals.
Most recently, Christine served as a Commissioner at the Federal Trade Commission (FTC) where she helped shape policies and enforcement actions in the fields of antitrust, consumer privacy and data security and consumer protection. During her tenure, she also testified before the US Congress on several occasions and represented the FTC in bilateral and multilateral discussions abroad.
Before joining the FTC, Christine was a Senior Vice President at Delta Air Lines where she oversaw the carrier’s regulatory and international legal matters. Prior to moving in-house, she was a partner at two international law firms where she worked with clients to achieve regulatory clearance for multi-jurisdictional mergers and to defend businesses in high-stakes investigations.
Her broad sector experience ranges from aircraft and automobiles to veterinary services, video games and virtual reality. She has worked extensively in the highly regulated fields of airlines, healthcare and pharmaceuticals.
After leaving the FTC last year, Christine founded an organization to provide safe housing and comprehensive support services to survivors of human trafficking and sexual exploitation. Freshfields provided pro bono services to the organization including corporate formation. She will continue supporting this organization alongside client practice.
Executive Director, Coin Center
Jerry Brito is executive director of Coin Center, a non-profit research and advocacy center focused on the public policy issues facing cryptocurrency technologies such as Bitcoin.
Now, steel yourself for some serious signaling and credentialism:
Jerry lives in Annandale, Virginia, with his wife Kathleen, daughter Penny Lane, and their dog Jerkface.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
United States Circuit Judge, United States Circuit Court, Third Circuit
Kent A. Jordan was appointed in 2006 to serve as a United States Circuit Judge for the Third Circuit. Before that, Judge Jordan was a United States District Judge for the District of Delaware from 2002 to 2006. He received a B.A. in Economics in 1981 from Brigham Young University and a J.D. in 1984 from Georgetown University. He was an Assistant United States Attorney and head of the Civil Division in the U.S. Attorney’s Office for the District of Delaware. Later, he served as an officer and as a member of the boards of directors of privately held businesses and was a partner in a Wilmington, Delaware law firm. He is an Adjunct Professor of Law at the University of Pennsylvania and Vanderbilt University and currently serves as President of the Board of Trustees of the American Inns of Court Foundation, as well as on the boards of other non-profit organizations.
United States Circuit Judge, United States Circuit Court, Third Circuit
Kent A. Jordan was appointed in 2006 to serve as a United States Circuit Judge for the Third Circuit. Before that, Judge Jordan was a United States District Judge for the District of Delaware from 2002 to 2006. He received a B.A. in Economics in 1981 from Brigham Young University and a J.D. in 1984 from Georgetown University. He was an Assistant United States Attorney and head of the Civil Division in the U.S. Attorney’s Office for the District of Delaware. Later, he served as an officer and as a member of the boards of directors of privately held businesses and was a partner in a Wilmington, Delaware law firm. He is an Adjunct Professor of Law at the University of Pennsylvania and Vanderbilt University and currently serves as President of the Board of Trustees of the American Inns of Court Foundation, as well as on the boards of other non-profit organizations.