U.S. Supreme Court October Term 2016 Review
Iowa State Bar Association Building 625 East Court AvenueDes Moines, Iowa 50309
Here are the latest events.
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.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
President, Americas and Global Chief Legal Officer, Merkle Science
Mary Beth Buchanan is currently President, Americas and Global Chief Legal Officer at Merkle Science. She was former General Counsel for Kraken Cryptocurrency Exchange. She was a partner at Bryan Cave LLP in the firm’s White Collar Defense and Investigations and Securities Litigation and Enforcement Client Service Groups. She concentrated her practice on white collar criminal defense, SEC and FINRA enforcement matters, corporate and accounting fraud, internal investigations, corporate compliance, foreign corrupt practices violations, Congressional investigations and complex civil litigation.
Ms. Buchanan served as the United States Attorney for the Western District of Pennsylvania from September 2001 to November 2009, having been appointed by President George W. Bush. She is the only woman in Pennsylvania's history to be presidentially appointed to this position. As the United States Attorney, Ms. Buchanan oversaw the prosecution of more than 5,000 cases, including corporate and securities fraud, bank fraud, foreign corrupt practices, false claims, money laundering, health care fraud, public corruption and a broad range of violent crimes. Prior to that time, Ms. Buchanan spent more than 13 years as an Assistant United States Attorney litigating criminal, civil and appellate cases.
During her tenure as the United States Attorney, Ms. Buchanan also held several posts at the DOJ, including serving as the director of the Executive Office for United States Attorneys, acting director of the DOJ’s Office on Violence Against Women and chair of the Attorney General’s Advisory Committee. Ms. Buchanan also served on the U.S. Sentencing Commission's Organizational Guidelines Advisory Committee, which made recommendations to the Commission for amendments to the Sentencing Guidelines for Business Organizations.
Distinguished Professor of Law, Jamie L. Whitten Chair of Law and Government, University of Mississippi School of Law
Professor Ronald J. Rychlak is the Jamie L. Whitten Chair of Law and Government and Distinguished Professor of Law at the University of Mississippi. He is a legal advisor to the Holy See’s delegation to the United Nations and chair of the Mississippi Advisory Committee to the U.S. Civil Rights Commission. He serves as the university’s Faculty Athletic Representative and is on the executive committee of the Southeastern Conference (SEC). In 2019 he received the university’s highest research and publication recognition, the “Distinguished Research and Creative Achievement Award” based upon his reputation for scholarly activity and leadership roles in professional societies. In 2023, he received the Algernon Sydney Sullivan Award, the University’s highest award in honor of service, for “placing service to others and the community before oneself, while embodying the qualities of honesty, morality, ethics, integrity, responsibility, determination, courage, and compassion.” In 2024, he was voted “Outstanding Law Professor” by the law school student body.
Ron is the author, co-author, or editor of twelve books and over 100 articles. The Congregation for the Causes of Saints at the Vatican called his book, Hitler, the War, and the Pope “definitive” in its response to charges made against the leader of the Catholic Church during World War II. He has been published in Notre Dame Law Review, UCLA Law Review, The Washington Post, The Wall Street Journal, and numerous other periodicals and journals. Media appearances include CNN, ABC, Fox News, The National Geographic TV Network, The Military Channel, C-SPAN, and more.
Ron and his wife Claire are proud of their six children, two sons-in-law, one daughter-in-law, and three granddaughters. They live in Oxford, Mississippi.
Director, Center for Religious Freedom, Hudson Institute
An international human-rights lawyer for over thirty years, Nina Shea joined Hudson Institute as a Senior Fellow in November 2006, where she directs the Center for Religious Freedom. Shea works extensively for the advancement of individual religious freedom and other human rights in U.S. foreign policy as it confronts an ascendant Islamic extremism, as well as nationalist and remnant communist regimes. She undertakes scholarship and advocacy in defense of those persecuted for their religious beliefs and identities and on behalf of diplomatic measures to end religious repression and violence abroad, whether from state actors or extremist groups.
Ms. Shea was appointed by the U.S. House of Representatives to serve seven terms as a Commissioner on the U.S. Commission on International Religious Freedom (June 1999 - March 2012). During the Soviet era, Shea’s first client before the United Nations was Soviet Nobel Peace Laureate Andrei Sakharov. Since then, she has been appointed as a U.S. delegate to the United Nation's main human rights body by both Republican and Democratic administrations. She also served as a member of the Clinton administration's Advisory Committee on Religious Freedom Abroad. In 2009, she was appointed to serve as a member of the U.S. National Commission to UNESCO.
Ms. Shea played a leading role in building grassroot support for the adoption of the International Religious Freedom Act (1998). For seven years ending in 2005, she helped organize and lead a coalition of churches and religious groups that worked to end a religious war against non-Muslims and dissident Muslims in southern Sudan. In 2014, she initiated and helped lead a coalition of hundreds of prominent American religious leaders to issue The Pledge of Solidarity for Persecuted Iraqi, Syrian and Egyptian Christians and Other Minorities, which was released by a bi-partisan Congressional panel on May 7. In summer 2014, she met with Pope Francis to discuss the persecution of Christians in the Middle East.
At Hudson, she has organized conferences for Nigerian schoolgirls and others who survived Boko Haram attacks, Christian converts formerly imprisoned in Iran, Coptic bishops from Egypt, Catholic bishops from China and the Gulf, Muslim scholars, and many others. Ms. Shea advocates in the nation's capital on behalf of a broad range of persecuted religious minorities around the world; and, for such work, was honored by the Ahmadiyya Muslim Community USA with the Community's inaugural "Ahmadiyya Muslim Humanitarian Award."
She has authored and/or edited four widely-acclaimed reports on Saudi state educational materials that promote extremist views and in 2011 had an opportunity to travel to Saudi Arabia and speak directly about her findings with the Ministers of Education, Justice and Islamic Affairs. Her reports include: Ten Years On: Saudi Arabia's Textbooks Still Promote Religious Violence (2011), Update: Saudi Arabia's Curriculum of Intolerance (2008), Saudi Arabia's Curriculum of Intolerance (2006), and Saudi Publications on Hate Ideology Invade American Mosques (2005), all of which translated and analyzed Saudi governmental publications that teach hatred and violence against the religious "other."
She is the co-author of Silenced: How Apostasy & Blasphemy Codes are Choking Freedom Worldwide, with a Foreword by Kyai Haji Abdurrahman Wahid, the former President of Indonesia and head of Nahdlatul Ulama, the world's largest Muslim organization (Oxford University Press, 2011). Her most recent book, which she also co-authored, is Persecuted: The Global Assault on Christians (Thomas Nelson Publishers, 2013). She regularly presents testimony before Congress, delivers public lectures, organizes briefings and conferences, and writes frequently on religious freedom issues. Her writings have appeared in the Wall Street Journal, Washington Post, CQ Researcher, Weekly Standard, National Review Online, CNN, Fox, The Daily Beast, HuffingtonPost, and RealClearWorld, among others.
For the ten years prior to joining Hudson, Ms. Shea worked at Freedom House, where she directed the Center for Religious Freedom, an entity which she had helped found in 1986 as the Puebla Institute.
She is a member of the bar of the District of Columbia. She is a graduate of Smith College, and American University's Washington College of Law.
Partner, Bradley Arant Boult Cummings LLP; Former General Counsel of the Department of Defense
Paul Ney is a partner at Bradley Arant Boult Cummings LLP practicing in with the Defense & National Security and Government Enforcement and Investigations teams. Before joining Bradley, he served as the Legal Advisor to the National Security Council. Previously, he was Chief Legal Officer and Corporate Secretary at Momentus Inc., a space infrastructure company. Ney has nearly four decades of public service and private law practice experience.
Before joining Momentus, he was presidentially appointed and confirmed by the U.S. Senate to serve as the General Counsel of the Department of Defense. In this position, he was the Department’s chief legal officer leading a team of over 12,000 lawyers that served the Department’s more than 2.8 million military and civilian personnel, and he served as the Designated Agency Ethics Official overseeing the Department’s Standards of Conduct Office. During his tenure in the Department of Defense, the U.S. Space Force and the U.S. Space Command were established.
In earlier government roles, Ney was the Principal Deputy and the acting General Counsel of the United States Department of the Navy and Chief Deputy Attorney General for the State of Tennessee. He also served as Director of the Nashville Davidson County Mayor's Office of Economic and Community Development.
Ney has been a partner in two Nashville law firms. He is a registered patent attorney and he has more than 25 years of experience in private practice engaged in commercial litigation, administrative and regulatory law, and intellectual property law.
Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Maureen Ohlhausen is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises industry-leading clients on complex antitrust and litigation matters, with a focus on high-profile cases. Sought after for her depth of experience on antitrust and Federal Trade Commission (FTC)-related issues, Maureen is known for her relationships with officials in the U.S. and abroad.
After finishing law school and clerking at the U.S. Court of Appeals for the D.C. Circuit, Maureen joined the FTC in 1997. She held a series of roles at the agency over the next 12 years, rising to the position of Director of the FTC Office of Policy Planning, where she led the agency’s work on e-commerce and headed the FTC’s Internet Access Task Force, which produced an influential report analyzing competition and consumer protection legal issues in the broadband and internet sectors. She then went into private practice at a leading telecommunications law firm, where she headed the FTC practice group.
In 2012, Maureen was confirmed by the Senate as a Commissioner of the FTC and was appointed Acting Chairman in January 2017, a role she held until May 2018. As Acting Chairman, Maureen directed all aspects of the agency’s antitrust work, including merger review, conduct enforcement, and all consumer protection enforcement, with an emphasis on privacy and technology issues. Under her leadership, the FTC won several influential merger challenges in court and reached a number of key digital privacy settlements.
To date, Maureen is the only FTC Commissioner to have received the Robert Pitofsky Lifetime Achievement Award in recognition of her contributions to the FTC.
Following the end of her term at the FTC, and immediately prior to joining Wilson Sonsini, Maureen was chair of the global antitrust and competition practice at Baker Botts, based in that firm’s Washington, D.C., office.
A recognized thought leader, Maureen is a frequent author and speaker, and is often quoted by leading print and broadcast media on antitrust, FTC, and privacy and data security matters. She has published dozens of articles on antitrust, privacy, intellectual property, regulation, FTC litigation, telecommunications, and international law issues in prestigious publications. During her tenure at the FTC and in private practice, she testified more than two dozen times before Congress, including before the Senate Commerce Committee and the House Energy and Commerce Antitrust Sub-Committee. She also testified before the Antitrust Modernization Commission.
Chair, Global Antitrust Law Practice Group, Morrison Foerster
Alex Okuliar is Co-Chair of Morrison Foerster’s Global Antitrust Law Practice Group. He is the former Deputy Assistant Attorney General for Civil Antitrust Enforcement at the U.S. Department of Justice and a former advisor at the Federal Trade Commission.
Alex’s practice spans merger review, civil litigation, and criminal investigations. Over his twenty-five-year career, Alex has worked on nearly one thousand deals. He has deep experience guiding clients through the complex global merger clearance process and has litigated agency merger challenges through trial. He has also helped clients succeed in a wide range of federal and state cases, including class actions and private party disputes alleging price fixing, monopolization, group boycotts, market allocation, and tying. His understanding of the agency processes from the inside allows him to offer expert, timely, and practical advice to clients navigating merger and conduct investigations by the U.S. Department of Justice, the Federal Trade Commission, state Attorneys General, and foreign agencies. Alex’s work has been recognized by leading industry publications such as Chambers, The Legal 500 U.S., and Global Competition Review.
Outside of client work, Alex is a prolific thought leader and was recognized as a 2024 Top Author for Antitrust & Trade Regulation by JD Supra’s Readers’ Choice Awards. He currently serves as the co-chair of the ABA Antitrust Law Section’s Joint Conduct Committee and is the former chair of the Section’s Intellectual Property Committee and co-chair of the 2023 Antitrust Fall Forum on Artificial Intelligence. He is also a member of the Corporations, Securities & Antitrust Executive Committee of The Federalist Society for Law and Public Policy Studies.
Before law school, Alex co-founded and sold an online technology company. Alex received his B.S. in economics and B.A. with distinction in history from the Wharton School of the University of Pennsylvania and his J.D. from Vanderbilt University Law School.
Nonresident Senior Fellow, American Enterprise Institute
Jim Harper is a nonresident senior fellow at the American Enterprise Institute (AEI), where he focuses on privacy issues, and select legal and constitutional law issues.
A lawyer by training, Mr. Harper has served as counsel for the Subcommittee on Commercial, and Administrative Law of the US House Committee on the Judiciary and as counsel for the Senate Committee on Government Affairs. More recently, he worked at the Competitive Enterprise Institute and the Cato Institute, where he wrote on the intersection of business, technology, and public policy, including privacy, surveillance, data security, telecommunications, and cryptocurrencies. He also served as global policy counsel for the Bitcoin Foundation. Mr. Harper was a founding member of the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee. Early in his post-Hill career, he represented companies such as PayPal and Verisign before Congress.
Mr. Harper is the co-editor of “Terrorizing Ourselves: Why U.S. Counterterrorism Policy Is Failing and How to Fix It” (Cato Institute, 2010) and the author of “Identity Crisis: How Identification Is Overused and Misunderstood” (Cato Institute, 2006). He has written several amicus briefs in Fourth Amendment cases before the U.S. Supreme Court and has published scholarly articles in a variety of law journals. In the popular press, Mr. Harper has been published in The New York Times and The Wall Street Journal, among many other publications.
Mr. Harper has a law degree from the U.C. Hastings College of the Law, where he was editor-in-chief of the Hastings Constitutional Law Quarterly, and a BA from the University of California, Santa Barbara.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Professor of Law, The George Washington University Law School
Emily Hammond is a nationally recognized expert in energy law, environmental law, and administrative law. A former environmental engineer, she brings technical fluency to cutting-edge issues at the intersection of law, science, and policy. Professor Hammond’s scholarship focuses on regulatory process, the responses of various legal institutions to scientific uncertainty, electricity markets, climate change, and the law of water quality. Her articles have appeared in numerous top-ranked journals, including the Columbia Law Review, the Duke Law Journal, the Michigan Law Review, and the Vanderbilt Law Review. She is a co-author of one of the nation’s leading energy law texts, Energy, Economics and the Environment, and the environmental law text Environmental Protection: Law and Policy, in addition to a variety of book chapters and shorter works.
An elected member of the American Law Institute, Professor Hammond is also past chair of the American Association of Law Schools’ Administrative Law Section and a member scholar of the Center for Progressive Reform. She has consulted on various energy, environmental, and administrative law matters, authored amicus briefs, and testified before Congress on these issues. Professor Hammond actively collaborates with other researchers from a variety of disciplines within her field, and she is a past Distinguished Young Environmental Scholar recipient at the Stegner Center, University of Utah.
Prior to joining the GW law faculty, Professor Hammond served on the faculties at Wake Forest University and the University of Oklahoma College of Law, where she served as Associate Dean for Academic Affairs and Associate Director of the Law Center, and won numerous teaching awards. She has visited at the University of Texas, Florida State University, and the University of Georgia. Before entering academia, Professor Hammond practiced with law with Bondurant, Mixson & Elmore, LLP in Atlanta, Georgia, and clerked for Judge Richard W. Story of the U.S. District Court for the Northern District of Georgia.
BS, Virginia Polytechnic Institute & State University
JD, University of Georgia
Partner, Gibson, Dunn & Crutcher, and Former United States Secretary of Labor
Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, co-chair of the firm’s Administrative Law and Regulatory Practice Group, and a senior member of the firm’s Labor and Employment Practice Group and Financial Institutions Practice Group. He returned to the firm after serving as U.S. Secretary of Labor from September 2019 to January 2021.
Mr. Scalia has a nationally-prominent practice in two areas: Labor and employment law, and advice and litigation regarding the regulatory obligations of federal administrative agencies. He also has extensive appellate experience. Federal regulatory actions he has challenged include the SEC’s “proxy access” rule; the CFTC’s “position limits’” rule; MetLife’s designation as “too big to fail” by the Financial Services Oversight Council; the Labor Department’s “fiduciary” rule; and OSHA’s “cooperative compliance program.”
As Labor Secretary, Mr. Scalia engaged at the highest level with national employment policy and matters affecting the financial services industry and international trade, overseeing the enforcement and administration of more than 180 federal employment laws covering more than 150 million workers and 10 million workplaces. He also served as Chair of the Board of Directors of the Pension Benefit Guaranty Corporation and as a member of the White House Coronavirus Task Force. He was closely involved in the drafting and implementation of the CARES Act and other coronavirus-related legislation. Laws administered by the Labor Department also include the workplace safety requirements of OSHA and the Mine Safety and Health Administration, federal minimum wage and overtime protections, the anti-discrimination requirements applicable to federal contractors, and ERISA’s protection of the more than $11 trillion held in employee retirement plans and health plans.
Mr. Scalia served from 2002 to 2003 as Solicitor of the U.S. Department of Labor, with responsibility for all Labor Department litigation and legal advice on rulemakings and administrative law. He is the only person to have served as both Solicitor and Secretary of Labor.
He also served at the U.S. Department of Justice as a Special Assistant to the Attorney General, receiving the Department’s Edmund J. Randolph Award in 1993.
In private practice, Mr. Scalia has represented employers in high-profile matters under the National Labor Relations Act and in class actions and collective actions under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, ERISA, and federal and state wage hour laws. He has extensive experience in federal district court, the courts of appeals, and in the arbitration of employment disputes. He has been a leading authority on “whistleblower” investigations and litigation since the 2002 enactment of the Sarbanes-Oxley Act. Mr. Scalia also counsels employers on reductions-in-force and the proper conduct of harassment and discrimination investigations. He has provided pro bono representation to workers in discrimination matters, wrongful separation disputes, and other matters.
Mr. Scalia is a Senior Fellow of the Administrative Conference of the United States, a federal agency that makes recommendations to Congress and the Executive Branch on ways to improve the administrative process. He is the author of more than 30 articles and papers on labor and employment law, administrative law, and other subjects. Among other accolades, he has been named an “Employment MVP,” a “Securities MVP,” and an “Appellate MVP” by Law360. The National Law Journal recognized Mr. Scalia as a “Visionary” for his litigation against financial regulatory agencies, and the Nation magazine has called him a “fearsome litigator.” He has been a Lecturer in labor and employment law at the University of Chicago Law School.
Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review. He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter for Education Secretary William J. Bennett before attending law school. Mr. Scalia and his wife Trish have seven children.
Associate Professor of Politics, Hillsdale College
Higher education is one of the few remaining environments where human beings can be at leisure to read, think, and study. Hillsdale College is one of the few remaining places in higher education where students are actively encouraged and required to engage in those activities. This opportunity to be at leisure to think about the most fundamental and pressing questions of modern life is precious and transformative.
As a first-year undergraduate at a liberal arts college, my own life was changed over several evenings of reading in the library about the history of the French Revolution. It was in that moment that I realized the importance of the perennial and perplexing questions in which we engage in the liberal arts setting. I switched my major to political science, history, and philosophy, and have never looked back.
In my graduate studies, I focused extensively on political theory, but my current thinking and research are directed to understanding the political institutions that determine how politics works in America. I am especially interested in understanding the modern administrative state, Congress, and political parties. We must grapple with the interaction of these institutions, and how they relate to the basic principles of American constitutionalism, if we want to preserve and restore constitutional government in the United States.
In my teaching, I aim to engage students in a common enterprise, where we think together and discuss fundamental questions. My goal is not to instruct, but to educate students. That requires active and thoughtful engagement rather than passively receiving information. I am blessed to be at a place like Hillsdale where the students are drawn to this model of education and thrive in such an environment.