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The Second Amendment in the Lower Courts: A Litigation Update
City Club 1901 Sixth Avenue North (f/k/a the Summit Club)Birmingham, Alabama
Here are the latest events.
Ronald Reagan Distinguished Fellow, The Heritage Foundation
Becky Norton Dunlop, a prominent leader, strategist, and counselor in the conservative movement, is The Heritage Foundation’s Ronald Reagan Distinguished Fellow.
Dunlop, who joined the leading think tank in 1998, holds the only policy chair in the country to be officially named for the 40th president. She succeeds Ed Meese, the U.S. attorney general under Reagan, who assumed emeritus status.
Dunlop oversees special projects, travels as an ambassador for Heritage, and works tirelessly to assure that the legacy of principles, policies, and practices represented by the life and service of Ronald Reagan remain in the hearts and minds of Americans.
Previously, Dunlop was Heritage’s vice president for external relations from 1998 until May 2016. She served on the Trump Transition team.
Dunlop was a senior official in the Reagan administration from 1981-1989 inside the White House, at the Justice Department, and at the Interior Department.
She served from 1994-1998 as Secretary of Natural Resources for the Commonwealth of Virginia in the Cabinet of then-Virginia Gov. George Allen.
As political director for the American Conservative Union from 1973- 1977, she was instrumental in organizing grass-roots activists for Reagan’s unsuccessful 1976 race for the Republican nomination and advised his successful 1980 nomination and general election campaigns.
From Reagan’s first inauguration in 1981 to 1985, her White House posts included Deputy Assistant to the President for Presidential Personnel and Special Assistant to the President and Director of his Cabinet office. During Reagan’s second term, Dunlop served as senior special assistant to Meese, then attorney general, in charge of managing Cabinet-level domestic policy issues. She oversaw major policy reports on the environment, the family, federalism, tort reform, privatization, and welfare reform.
She completed her service in the Reagan administration as deputy undersecretary of the Interior Department and as assistant interior secretary for fish, wildlife, and parks.
Dunlop is one of the few of the insiders from the beginnings of the Reagan era who remain active in public policy leadership.
As Virginia’s natural resources chief, Dunlop worked to streamline, decentralize, and down-size agencies while protecting and improving the environment. She is one of the few “free-market environmentalists” to have headed a state agency and put ideas into action. Her book, “Clearing the Air” (Alexis de Tocqueville Institute, 2000), chronicles some of her experiences in advancing those principles.
In 2002, President George W. Bush appointed her to a part-time post as chairwoman of the Federal Service Impasses Panel. The seven-member panel resolves disputes between federal agencies management and labor unions. Under her leadership, it took on several hundred cases and eliminated backlogs.
Other current leadership roles include the boards of the Virginia Institute for Public Policy, the Reagan Ranch Board of Governors, the Reagan Alumni Association, the Association for American Educators and the AAE Foundation, the Council for National Policy and the American Conservative Union.
In addition to topics addressing conservative principles and their roots in the nation’s founding, Dunlop is a sought-after public speaker on the idea that personnel is policy; on energy, natural resources and the environment (including free market environmentalism); on federalism as a former member of a governor’s Cabinet; Capitalism and the Rule of Law, and on the Reagan administration (including the 40th president’s effective leadership style).
A graduate of Miami University in Ohio, she currently resides in Arlington, Virginia, with her husband, George S. Dunlop. The Dunlops are members of Oakland Baptist Church in Alexandria, Virginia.
Executive Director, republicEn, Energy and Enterprise Initiative at George Mason
Walter J. Blum Professor of Law and Senior Fellow, the Computation Institute of the University of Chicago and Argonne National Laboratory
David Weisbach received his BS in Mathematics from the University of Michigan in 1985; a Masters in Advance Study (Mathematics) from Wolfson College, Cambridge in 1986; and a JD from Harvard Law School in 1989. After graduating from law school, Weisbach clerked for Judge Joel M. Flaum of the U.S. Court of Appeals for the Seventh Circuit and worked as an associate in the law firm of Miller & Chevalier. In 1992, Weisbach joined the Department of Treasury where he worked as an attorney-advisor in the Office of the Tax Legislative Counsel and, subsequently, as associate tax legislative counsel. In 1996, Weisbach was appointed Associate Professor of Law at Georgetown Law Center and joined the Chicago faculty in 1998. He is also a Senior Fellow at the University of Chicago Computation Institute and Argonne National Laboratories and an International Research Fellow at the Said School of Business, Oxford University. Weisbach is primarily interested in issues relating to federal taxation and to climate change.
Associate Professor of Law, Cumberland School of Law, Samford University
Brannon P. Denning is Associate Professor of Law at Samford University’s Cumberland School of Law in Birmingham, Alabama. Prior to joining the Cumberland School of Law in 2003, Professor Denning taught at the Southern Illinois University School of Law in Carbondale, Illinois for four years. At Cumberland, Professor Denning teaches Constitutional Law I & II, the First Amendment, and Professional Responsibility. During the Summer of 2005, he was a visiting professor at the University of Tennessee College of Law.
Professor Denning has written extensively on the Commerce Clause, the dormant Commerce Clause doctrine, the constitutional amending process, the confirmation process, the Second Amendment, and on foreign affairs matters. His articles have appeared in the American Journal of International Law, Constitutional Commentary, Foreign Affairs, the Minnesota Law Review, the William and Mary Law Review, and the Wisconsin Law Review, among other journals and periodicals. He has also collaborated with Yale law professor Boris I. Bittker on a treatise on the Commerce Clause and is co-editor of a one-of-a-kind coursebook on gun control and gun rights.
Professor Denning earned a B.A. in political science, magna cum laude, from the University of the South in Sewanee, Tennessee. He received a J.D., magna cum laude, from the University of Tennessee in 1995, and an LL.M. from Yale University in 1999.
The University of Tennessee College of Law, Visiting Professor, 2005. Taught Constitutional Law during the Summer Term.
Cumberland School of Law, Samford University, Associate Professor, 2003-present. Tenure awarded Spring, 2005.
Southern Illinois University School of Law, Assistant Professor, 1999-2003.
Taught constitutional law, legal ethics, Illinois constitutional law, and Introduction to Legislative and Administrative Process. Tenure awarded Spring, 2003.
Yale Law School, Research Associate & Senior Fellow, 1997-1998.
Collaborated with Professor Boris I. Bittker researching and writing Bittker on the Regulation of Interstate and Foreign Commerce (Aspen Law & Business).
Baker, Donelson, Bearman & Caldwell, P.C., Associate, 1995-1997.
Member of health law group in the Memphis, Tennessee office of the state’s largest law firm.
Yale Law School, LL.M., 1999
The University of Tennessee College of Law, J.D., magna cum laude, Order of the Coif, 1995
The University of the South, Sewanee, Tennessee, B.A., magna cum laude, Phi Beta Kappa, 1992
Ronald Reagan Distinguished Fellow, The Heritage Foundation
Becky Norton Dunlop, a prominent leader, strategist, and counselor in the conservative movement, is The Heritage Foundation’s Ronald Reagan Distinguished Fellow.
Dunlop, who joined the leading think tank in 1998, holds the only policy chair in the country to be officially named for the 40th president. She succeeds Ed Meese, the U.S. attorney general under Reagan, who assumed emeritus status.
Dunlop oversees special projects, travels as an ambassador for Heritage, and works tirelessly to assure that the legacy of principles, policies, and practices represented by the life and service of Ronald Reagan remain in the hearts and minds of Americans.
Previously, Dunlop was Heritage’s vice president for external relations from 1998 until May 2016. She served on the Trump Transition team.
Dunlop was a senior official in the Reagan administration from 1981-1989 inside the White House, at the Justice Department, and at the Interior Department.
She served from 1994-1998 as Secretary of Natural Resources for the Commonwealth of Virginia in the Cabinet of then-Virginia Gov. George Allen.
As political director for the American Conservative Union from 1973- 1977, she was instrumental in organizing grass-roots activists for Reagan’s unsuccessful 1976 race for the Republican nomination and advised his successful 1980 nomination and general election campaigns.
From Reagan’s first inauguration in 1981 to 1985, her White House posts included Deputy Assistant to the President for Presidential Personnel and Special Assistant to the President and Director of his Cabinet office. During Reagan’s second term, Dunlop served as senior special assistant to Meese, then attorney general, in charge of managing Cabinet-level domestic policy issues. She oversaw major policy reports on the environment, the family, federalism, tort reform, privatization, and welfare reform.
She completed her service in the Reagan administration as deputy undersecretary of the Interior Department and as assistant interior secretary for fish, wildlife, and parks.
Dunlop is one of the few of the insiders from the beginnings of the Reagan era who remain active in public policy leadership.
As Virginia’s natural resources chief, Dunlop worked to streamline, decentralize, and down-size agencies while protecting and improving the environment. She is one of the few “free-market environmentalists” to have headed a state agency and put ideas into action. Her book, “Clearing the Air” (Alexis de Tocqueville Institute, 2000), chronicles some of her experiences in advancing those principles.
In 2002, President George W. Bush appointed her to a part-time post as chairwoman of the Federal Service Impasses Panel. The seven-member panel resolves disputes between federal agencies management and labor unions. Under her leadership, it took on several hundred cases and eliminated backlogs.
Other current leadership roles include the boards of the Virginia Institute for Public Policy, the Reagan Ranch Board of Governors, the Reagan Alumni Association, the Association for American Educators and the AAE Foundation, the Council for National Policy and the American Conservative Union.
In addition to topics addressing conservative principles and their roots in the nation’s founding, Dunlop is a sought-after public speaker on the idea that personnel is policy; on energy, natural resources and the environment (including free market environmentalism); on federalism as a former member of a governor’s Cabinet; Capitalism and the Rule of Law, and on the Reagan administration (including the 40th president’s effective leadership style).
A graduate of Miami University in Ohio, she currently resides in Arlington, Virginia, with her husband, George S. Dunlop. The Dunlops are members of Oakland Baptist Church in Alexandria, Virginia.
Executive Director, republicEn, Energy and Enterprise Initiative at George Mason
Walter J. Blum Professor of Law and Senior Fellow, the Computation Institute of the University of Chicago and Argonne National Laboratory
David Weisbach received his BS in Mathematics from the University of Michigan in 1985; a Masters in Advance Study (Mathematics) from Wolfson College, Cambridge in 1986; and a JD from Harvard Law School in 1989. After graduating from law school, Weisbach clerked for Judge Joel M. Flaum of the U.S. Court of Appeals for the Seventh Circuit and worked as an associate in the law firm of Miller & Chevalier. In 1992, Weisbach joined the Department of Treasury where he worked as an attorney-advisor in the Office of the Tax Legislative Counsel and, subsequently, as associate tax legislative counsel. In 1996, Weisbach was appointed Associate Professor of Law at Georgetown Law Center and joined the Chicago faculty in 1998. He is also a Senior Fellow at the University of Chicago Computation Institute and Argonne National Laboratories and an International Research Fellow at the Said School of Business, Oxford University. Weisbach is primarily interested in issues relating to federal taxation and to climate change.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
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.
Senior Vice President, Law and Policy, US Telecomm
Communications industry veteran Jonathan Banks joined USTelecom in March 2007, and directs the association’s policy development and advocacy work before the Federal Communications Commission, the Federal Trade Commission (FTC) and the courts. Banks comes to USTelecom from BellSouth where he played several leadership roles in the company’s federal advocacy, and his experience at one of the leading communications companies in the industry makes him an invaluable asset to the association.
Banks joined BellSouth in 1995 and most recently served as vice president – executive and regulatory affairs with responsibility for federal public policy advocacy. He also provided legal expertise as general counsel in BellSouth’s Washington office.
Previously, Banks held positions at the FTC, managing a staff litigating competition cases; Armstrong World Industries, where he was responsible for antitrust compliance and litigation at a Fortune 500 company; and the Association of American Railroads, overseeing regulation and state taxation issues.
Of Counsel, Wilkinson Barker Knauer, LLP
Mr. Halley joined the firm in 2014. For over four and a half years, Mr. Halley served at the Federal Communications Commission, most recently as Associate Chief of the Wireline Competition Bureau, with a particular focus on universal service program reform, consumer and competition policy impacted by the ongoing transition to all IP networks, and overall strategic planning. In this capacity, Mr. Halley also served as legal advisor to Chairman Wheeler on the topics of E-rate modernization and inmate calling services reform. Prior to this, he was Acting Director of the Commission’s Office of Legislative Affairs and legal advisor to the Wireline Bureau Chief. Before joining the FCC, Mr. Halley spent over 5 years as the Director of Government Affairs for NENA – The 911 Association where he served as the association’s liaison with Congress, the FCC and other government agencies and organizations on key issues affecting 911 and emergency communications. Prior to this, Mr. Halley served as the Deployment Director for COMCARE, a non-profit emergency response alliance. Additionally, from August 2002 to August 2004 he took time away from Washington to pursue a career in music recording an album and touring the country as the rhythm guitar player for Lava/Atlantic records recording artist Tony C and the Truth, playing with acts such as Sugar Ray, Living Colour, Blues Traveler and others.
Vice President, Associate General Counsel, NCTA- The Internet & Television Association
Steve Morris is Vice President and Associate General Counsel of the National Cable & Telecommunications Association (NCTA). In that role, he represents the cable industry on matters related to the regulation of telecommunications and broadband services. Mr. Morris joined NCTA in 2006.
Prior to joining NCTA, Mr. Morris was the Deputy Chief of the Pricing Policy Division in the Wireline Competition Bureau of the Federal Communications Commission. During his tenure at the FCC, Mr. Morris was responsible for proceedings related to the Commission’s rules on intercarrier compensation and the pricing of unbundled network elements, as well as other matters within the Pricing Policy Division.
Before joining the Commission in 2001, Mr. Morris was the Director-Regulatory Affairs for Global Metro Networks, Inc., a wholesale provider of fiber optic network facilities. Prior to that, Mr. Morris was an attorney specializing in telecommunications and cable regulatory matters at Hogan & Hartson LLP and Dow, Lohnes & Albertson.
Mr. Morris received a B.S. in Economics from the Wharton School of the University of Pennsylvania and a J.D. from George Mason University School of Law.
Vice President, Regulatory Affairs, INCOMPAS
Karen Reidy joined INCOMPAS in 2006 as vice president of Regulatory Affairs, where she represents the association on issues such as business data services, technology transitions and network build issues. She also represents INCOMPAS on the North American Numbering Council (NANC). In 2013, Fierce Telecom named Ms. Reidy one of the “Women in Wireline" for her leadership in shaping telecom services, innovation and policy. Prior to joining INCOMPAS, she spent nine years as an attorney in MCI Communications' Federal Law and Public Policy department, representing the company before the FCC and the Department of Justice, on a wide range of telecommunication issues. Earlier in her career, Ms. Reidy was corporate counsel and assistant project manager at a consulting firm, working mostly on a project that dealt with regulations associated with the Oil Pollution Act of 1990. She earned a Juris Doctor from the Georgetown University Law Center in Washington, D.C., and a Bachelor of Science degree from the University of Maryland, College Park.
Harry Kalven, Jr. Professor of Law & Faculty Director, Constitutional Law Institute, University of Chicago Law School
William Baude is a Professor of Law and the Faculty Director of the Constitutional Law Institute at the University of Chicago Law School, where he teaches federal courts, constitutional law, and conflict of laws. His current research interests include different aspects of the Fourteenth Amendment (particularly both Section One and Section Three) and the nature of judicial discretion.
Among his other activities Baude is: the co-editor of two textbooks, The Constitution of the United States and Hart & Wechsler's Federal Courts in the Federal System; an Affiliated Scholar at the Center for the Study of Constitutional Originalism; a founding member of the Academic Freedom Alliance; a member of the American Law Institute; an occasional blogger at The Volokh Conspiracy; and a podcaster on Divided Argument. He also recently served on the Presidential Commission on the Supreme Court of the United States.
Professor Baude received his BS in Mathematics from the University of Chicago and his JD from Yale Law School. He then clerked for then-Judge Michael McConnell on the United States Court of Appeals, and Chief Justice John Roberts on the United States Supreme Court. Before joining the Chicago faculty, he was a fellow at the Stanford Constitutional Law Center, and a lawyer in Washington, DC.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
Resident Fellow, American Enterprise Institute
Timothy P. Carney is a resident fellow at the American Enterprise Institute, where he works on economic competition, cronyism, civil society, localism, and religion in America. He is concurrently the commentary editor at the Washington Examiner.
Mr. Carney’s latest book, “Alienated America: Why Some Places Thrive While Others Collapse” (HarperCollins), was published in February 2019. His previous books include “Obamanomics: How Barack Obama Is Bankrupting You and Enriching His Wall Street Friends, Corporate Lobbyists, and Union Bosses” (Regnery Publishing, 2009) and “The Big Ripoff: How Big Business and Big Government Steal Your Money” (John Wiley & Sons, 2006), which was awarded the 2008 Culture of Enterprise award by the Intercollegiate Studies Institute.
In addition to his Washington Examiner columns, Mr. Carney’s work has been published in a variety of magazines, websites, and newspapers, including The Atlantic, New York Post, The New York Times, Reason Magazine, and The Wall Street Journal. His television appearances include CNBC, CNN, Fox News, MSNBC, and the “PBS NewsHour.”
Mr. Carney has a bachelor’s degree from St. John’s College in Annapolis.