Executive Power in the Age of Trump
Ceremonial Courtroom | U.S. District Court 601 Market StreetPhiladelphia, Pennsylvania 19106
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Partner, Duane Morris LLP
William M. (Bill) McSwain practices in the area of litigation with a focus on white-collar criminal matters, internal investigations and complex business litigation. Bill is the immediate past U.S. Attorney for the Eastern District of Pennsylvania (EDPA), which is one of the nation’s most populous districts, with nearly six million people residing within Philadelphia and its eight surrounding counties. As U.S. Attorney, he served as the chief federal law enforcement officer in the EDPA, responsible for all federal criminal prosecutions, investigations and civil litigation involving the United States. He supervised a staff of approximately 300, including more than 140 Assistant U.S. Attorneys, at offices in Philadelphia and Allentown, PA.
Most importantly, Bill is a fighter who knows how to win. For example, as U.S. Attorney, he personally served as lead counsel in United States v Safehouse, in which he challenged Philadelphia’s plan to be the first city in the country to open supervised heroin injection sites. He argued and won the case in the U.S. Court of Appeals for the Third Circuit, which ruled that such sites would violate the federal Controlled Substances Act.
A former U.S. Marine Corps infantry officer and scout/sniper platoon commander, Bill brings an aggressive and creative approach to private practice, representing clients involved in government investigations and high stakes litigation. In particular, he enjoys taking on the challenge of winning seemingly “impossible” cases. He has lived that mindset from the very outset of his legal career.
For example, prior to his service as U.S. Attorney, Bill took on the case of an Iranian immigrant, Ken Hamidi, who was locked in a battle with Intel over emails that Mr. Hamidi has sent to Intel employees. After Mr. Hamidi had lost his case in the trial and intermediate appellate courts with other counsel, Bill took over and argued the case in front of the Supreme Court of California. In Intel Corp. v. Hamidi, 30 Cal.4th 1342 (2003), he won a 4-3 decision that established the legal rules for trespass liability on the Internet, one of the most significant cyberlaw rulings in the United States. Soon thereafter, Bill represented Chester County, Pennsylvania in its dispute regarding the attempted removal of an historic Ten Commandments plaque hanging on the façade of the County Courthouse. After the County lost at trial with other counsel, Bill stepped in and argued the case in front of the U.S. Court of Appeals for the Third Circuit. In Chester County, PA v. Freethought Society, et al., 334 F.3d 247 (3d Cir. 2003), he won a 3-0 decision that preserved the plaque, which is hanging on the Courthouse to this day. In one of his most challenging assignments, Bill began representing the Boy Scouts in 2008 in its dispute with the City of Philadelphia. Facing eviction from its historic headquarters building, the Scouts sued the City, alleging a violation of their First Amendment rights. In Cradle of Liberty Council, Boy Scouts of America v. City of Philadelphia, No. 2:08-cv-02429-RB (E.D. Pa.), Bill won a nationally publicized, three-week jury trial, and even secured a court ruling that the City had to pay the Scouts’ attorney’s fees.
Bill understands that, in a very real sense, anybody or any organization squaring off against the government – especially against the federal government – is an underdog. Bill has a long record of success advocating for clients in those situations. For example, in United States v. Bruno, No. 2:13-cr-00039-LS-6 (E.D. Pa.), he represented a Pennsylvania judge against federal conspiracy, wire fraud and mail fraud charges and won a full acquittal after a two-month jury trial. In United States. v. Brown, No. 2:12-cr-00367-RBS-1 (E.D. Pa.), Bill represented a nationally renowned charter school educator who faced a massive 67-count indictment alleging conspiracy, wire fraud, obstruction of justice and witness tampering. After a two-month trial, the jury acquitted Bill’s client on several counts and deadlocked on the others. The government eventually withdrew all of the deadlocked charges.
His record in the courtroom notwithstanding, Bill is also a thoughtful, intellectually curious strategist who has resolved numerous contentious matters out of court on terms his clients found favorable. He is a graduate of Yale University (B.A., cum laude, 1991) and the Harvard Law School (J.D., 2000), where he was an editor of the Harvard Law Review, won the Ames Moot Court Competition and received the George Leisure Award as the Best Oralist in the Ames Competition. He is an adjunct lecturer in law at the University of Pennsylvania Law School. He began his legal career by clerking for the Hon. Marjorie O. Rendell, U.S. Circuit Judge of the U.S. Court of Appeals for the Third Circuit.
University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy, Villanova University Charles Widger School of Law
Michael P. Moreland was appointed University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy at Villanova University in 2017. Professor Moreland joined the Villanova faculty in 2006 and served as Vice Dean from 2012 to 2015. His research is primarily in the areas of torts, law and religion, constitutional law, and Catholic social thought, and he regularly teaches Torts, First Amendment, seminars in law and religion, and undergraduate courses in ethics.
Professor Moreland is the co-editor of Christianity and Private Law (Routledge, 2021), and his most recent publications include: “The Authority of Tradition: John Henry Newman and Legal Theory” in Christianity and the Making of Irish Law (Routledge, 2025); “Christianity and Torts” in The Oxford Handbook on Christianity and Law, (Oxford University Press, 2023); “Germaneness and Religious Liberty” in the Notre Dame Law Review (2023); “Contingency and Contestation in Christianity and Liberalism” in the Notre Dame Law Review (2023); “Friendship as the Primary Purpose of Law” in The American Journal of Jurisprudence 279 (2022); and “The Moral of Torts” (with Jeffrey Pojanowski) in Christianity and Private Law (Routledge, 2021).
Professor Moreland was a Visiting Professor of Law at the University of Notre Dame and the Mary Ann Remick Senior Visiting Fellow at the Notre Dame Center for Ethics and Culture from 2015 to 2017. He was the Forbes Visiting Fellow at Princeton University in the James Madison Program during academic year 2010-11. He has served as the project leader for grants from the John Templeton Foundation and the Charles Koch Foundation. He serves as the Chair of the Federalist Society’s Religious Liberties Practice Group Executive Committee and the Chair of the Board of Trustees of the Institute for Advanced Catholic Studies at the University of Southern California.
Professor Moreland received his BA in philosophy from the University of Notre Dame, his MA and PhD in theological ethics from Boston College, and his JD from the University of Michigan Law School. Following law school, Professor Moreland clerked for the Honorable Paul J. Kelly Jr., of the United States Court of Appeals for the Tenth Circuit and was an associate at Williams & Connolly LLP in Washington, DC, where he represented clients in First Amendment, professional liability, and products liability matters. Before coming to Villanova, he served as Associate Director for Domestic Policy at the White House under President George W. Bush, where he worked on a range of legal policy issues, including criminal justice, immigration, civil rights, and liability reform.
Temple University James E. Beasley School of Law
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Managing Director in Public Sector Practice, Deloitte Consulting LLP
Mr. Kohli is a globally recognized specialist on government reform. He is a Director in Deloitte Consulting LLP’s public sector practice where he leads work on government performance and innovation. He is also a Senior Fellow at the Center for American Progress. Prior to joining Deloitte in 2012, he led the ‘Doing What Works’ project at the Center for American Progress. He brings 13 years of experience as a senior official in the British government.
Senior Attorney, Institute for Justice
Paul Avelar is the Managing Attorney of the Institute for Justice Arizona Office. He joined the Institute in March 2010 and litigates free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts.
As the head of IJ’s national Braiding Freedom Initiative, Paul represents natural hair braiders across the country to protect their right to earn an honest living. The Initiative uses lawsuits, activism and research to remove laws that require potential braiders to undergo hundreds of costly training hours just to braid hair. Since IJ launched the Braiding Freedom Initiative in 2014, 12 additional states have freed braiders from unnecessary licensing burdens. Paul drafted the model Natural Hair Braiding Protection Act, which has been adopted in Arkansas, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, Texas and South Dakota. He is currently representing braiders in Missouri, where state laws infringe upon their right to earn an honest living.
In his free speech work, Paul has challenged numerous laws that trample First Amendment rights. In Arizona Freedom Club PAC v. Bennett, he represented candidates and independent groups in a successful U.S. Supreme Court challenge to the “matching funds” provision of Arizona’s publicly financed elections system. He represented grassroots groups and individuals in Arizona, Mississippi and Washington, where state laws burdened their political speech by requiring them to register with the government, to navigate complex regulations and to face fines and possible criminal penalties merely because they talked about political issues. In Washington, Paul protected a lawyer’s right to defend, pro-bono, the First Amendment rights of political speakers. Through litigation and legislation, Paul leads the fight against abusive civil forfeiture laws in Arizona and elsewhere.
Paul also co-authored the most comprehensive published study of economic liberty protections in the Arizona Constitution. The Chief Justice of the Arizona Supreme Court appointed Paul to the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, where he dissented from the majority report and called on leaders to substantially reform the Bar and state regulation of the practice of law. He often speaks at law schools across the country about constitutional issues and his work at IJ.
Prior to joining IJ-AZ, Paul worked as an attorney in Philadelphia. He clerked for Judge Roger Miner on the 2nd U.S. Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals.
Paul graduated manga cum laude from the Arizona State University College of Law in 2004 and was elected to the Order of the Coif. He received his undergraduate degree from Princeton University in 2000.
Professor of Law and Journalism, University of Florida
Professor Jane Bambauer is the Brechner Eminent Scholar at the Levin College of Law and at the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law.
Professor Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Professor Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies. Her work has also been featured in media outlets, including the Washington Post, the New York Times, Fox News, and Lawfare, where she is a contributing editor.
Professor Bambauer currently serves as the Chair of the National AI Advisory Committee Subcommittee on Law Enforcement, and she has previously served as the deputy director of the Center for Quantum Networks, a multi-institutional engineering research center funded by the National Science Foundation. She holds a B.S. in Mathematics from Yale College and a J.D. from Yale Law School.
Senior Fellow, Manhattan Institute
Peter Huber, who died in 2021, was a senior fellow at the Manhattan Institute, where he wrote on drug development, energy, technology, and the law. He was the author of The Cure in the Code: How 20th Century Law Is Undermining 21st Century Medicine (2013); The Bottomless Well: The Twilight of Fuel, the Virtue of Waste, and Why We Will Never Run Out of Energy (2005), coauthored with Mark P. Mills, which Bill Gates said “is the only book I’ve ever seen that really explains energy, its history and what it will be like going forward”; and Hard Green: Saving the Environment from the Environmentalists (2000), which William F. Buckley, Jr., called “the richest contribution ever made to the greening of the political mind” and which set out a new conservative manifesto on the environment that advocates a return to conservation and environmental policy based on sound science and market economics.
Huber’s other books included Judging Science: Scientific Knowledge and the Federal Courts (1999), Law and Disorder in Cyberspace: Abolish the FCC and Let Common Law Rule the Telecosm (1997), Orwell’s Revenge: The 1984 Palimpsest (1994), Galileo’s Revenge: Junk Science in the Courtroom (1991), and Liability: The Legal Revolution and Its Consequences (1988). He published articles in scholarly journals, such as the Harvard Law Review and Yale Law Journal, and in such publications as Science, Wall Street Journal, Reason, Regulation, and National Review. He appeared on numerous TV and radio programs, including Face the Nation and The NewsHour with Jim Lehrer.
Before joining MI, Huber was an associate professor at MIT. He clerked on the D.C. Circuit Court of Appeals for Ruth Bader Ginsburg and on the U.S. Supreme Court for Sandra Day O’Connor. Huber was a partner at the Washington, D.C., law firm Kellogg, Huber, Hansen and Todd. He held a J.D. from Harvard University and a Ph.D. in mechanical engineering from MIT.
Professor and Director, Prolife Center, University of St. Thomas School of Law
Teresa Collett, J.D., is professor at the University of St. Thomas School of Law, where she serves as director of the school's Prolife Center. Collett received her doctorate at the University of Oklahoma College of Law. As a well-known advocate for the protection of human life and the family, Collett specializes in the subjects of marriage, religion and bioethics in her research.
Collett has published numerous legal articles and is the co-author of a law casebook on professional responsibility and co-editor of a collection of essays exploring “catholic” and “Catholic” perspectives on American law. She is an elected member of the American Law Institute, and has testified before committees of the U.S. Senate and House of Representatives, as well as before legislative committees in several states.
In 2009, Pope Benedict XVI appointed Collett to a five-year term on the Pontifical Council for the Family. Her appointment was renewed by His Holiness Pope Francis until 2016 when the responsibilities of the Council were assumed by the Dicastery for the Laity, Family and Life. In 2013, she served as a delegate to the International Conference on Population and Development (ICPD) for the Mission of the Holy See to the United Nations.
She represented Congressman Ron Paul and various medical groups in the defense of the U.S. federal ban of partial-birth abortion, and the governors of Minnesota and North Dakota defending the N.H. requirement of state parental involvement prior to performance of an abortion on a minor before the U.S. Supreme Court. Collett is often asked to represent the interests of government officials before federal appellate courts. She has served as special attorney general for the states of Oklahoma and Kansas, as well as assisting other state attorneys general in defending laws protecting human life and marriage. Prior to joining St. Thomas in 2003, Collett taught at the South Texas College of Law, where she established the nation's first annual symposium on legal ethics.
Professor of Law, Quinnipiac University School of Law
Stephen G. Gilles joined the Quinnipiac School of Law faculty in 1995. He teaches courses in tort, insurance, administrative, and advanced constitutional law and in law and economics. His research interests include tort law, especially negligence and strict liability, and constitutional law, especially parental and abortion rights. His recent publications include “The Judgment-Proof Society,” in the Washington & Lee Law Review and “Parental (and Grandparental) Rights after Troxel v Granville” in the Supreme Court Economic Review. Before joining the School of Law, he clerked for Judge Robert Bork and U.S. Supreme Court Justice Sandra Day O’Connor, practiced as an appellate litigator, and taught at the University of Chicago Law School. He is married and has six children.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Associate Clinical Professor of Law, Ave Maria School of Law
Antony “Tony” Kolenc joined the Ave Maria School of Law faculty in 2022 as the Director of the Veterans and Servicemembers Law Clinic (VSLC), which gives students the opportunity to help those who have served in the U.S. Armed Forces, representing them in litigation, administrative proceedings, and veterans treatment courts. Professor Kolenc taught in several law schools after serving over 21 years in the United States Air Force, retiring as a Lieutenant Colonel from the Judge Advocate General’s (JAG) Corps. During his career as a JAG, he litigated both civil and criminal cases before trial and appellate courts, including the Court of Appeals for the Armed Forces and the U.S. Court of Appeals for the Tenth Circuit. He has also taught at the United States Air Force Academy in Colorado Springs and Florida Coastal School of Law as a tenured professor.
Professor Kolenc received his Juris Doctor degree in 1999, graduating at the top of his class from the University of Florida Levin College of Law. While there, he served as a senior editor on the Florida Law Review and as a competitor and coach on the Justice Campbell Thornal Moot Court Board. He also earned his Master of Arts degree in Theology and Christian Ministry from the Franciscan University of Steubenville. His professional writings have focused on matters of constitutional law and military policy, especially focusing on Freedom of Religion. His articles have appeared in several academic legal journals and magazines. He also writes a regular legal column for homeschooling families in Practical Homeschooling Magazine and has penned an award-winning historical fiction trilogy for teens. He and his wife, Alisa, homeschooled their five children. You can learn more about him at www.antonykolenc.com.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.