The Clean Power Plan Goes to Court
Environmental Law & Property Rights Practice Group
National Press Club Holeman Lounge529 14th Street, NW
Washington, DC 20045
Here are the latest events.
Director of Law & Policy, Environmental Integrity Project
Following Princeton and the University of Chicago Law School, David began practicing law at Paul, Weiss, Rifkind, Wharton & Garrison. Eventually tiring of litigation where the result was a wire transfer from Entity A to Entity B, in the early 1990’s David began his environmental law career at the Massachusetts Attorney General’s Office. Since then, he has litigated dozens of cases under all of the major environmental statutes including, as Sierra Club’s Chief Climate Counsel, initiating and managing Massachusetts v. EPA. Most recently, he has been busy challenging FERC’s permitting of natural gas pipelines and LNG export terminals. Apart from litigation, David has helped lead efforts on both greenhouse gas regulation and global warming legislation (and may be the only person ever invited to testify by both Barbara Boxer and James Inhofe).
He has drafted a range of federal climate legislation, advised states as to their greenhouse gas regulatory authority (and for many years has represented environmental groups defending state GHG regulations from dormant Commerce Clause challenges). David has designed and taught courses on “Environmental Litigation” at Georgetown University Law Center and “Environmental Law and Science” at the William and Mary Law School/Virginia Institute of Marine Science.
Director, Climate & Clean Air Program, Natural Resources Defense Council
David Doniger has been at the forefront of the battle against air pollution and global climate change since he joined NRDC in 1978. He helped formulate the Montreal Protocol, an international agreement designed to stop the depletion of the earth's ozone layer, as well as several essential amendments to the Clean Air Act. In 1993, he left NRDC to serve on the White House Council on Environmental Quality, followed by key posts at the U.S. Environmental Protection Agency. He rejoined NRDC in 2001 and has since been working to defend the Clean Air Act from assaults in Congress. He is based in Washington, D.C.
Former Administrator, U.S. Environmental Protection Agency
Scott Pruitt served as the 14th Administrator of the U.S. Environmental Protection Agency.
As Administrator, Mr. Pruitt’s overarching goal was to lead EPA in a way that our future generations inherit a better and healthier environment as he works with the thousands of dedicated public servants at EPA who have devoted their careers to helping realize this shared vision, while faithfully administering environmental laws.
Prior to the EPA, Pruitt served as the Attorney General for Oklahoma. Almost immediately upon taking office, he worked with his Democratic counterpart in Arkansas to reach agreement to study the water quality of the Illinois River, which crosses the border between the two states and has been enjoyed by generations of Oklahomans. The Statement of Joint Principles provides for a best science study using EPA-approved methods, with both states agreeing, for the first time, to be bound by the outcome.
Also during his tenure as Oklahoma’s Attorney General, Pruitt led an historic water rights settlement between Oklahoma, Oklahoma City and the Choctaw and Chickasaw Tribal Nations that preserved the ecosystems of scenic lakes and rivers on native lands. The agreement, which required Congressional approval, was enacted into Section 3608 of Public Law 114-322 and signed in December 2016. It provides a framework that fosters intergovernmental collaboration on significant water resource concerns with the settlement area, while at the same time protecting existing water rights and affirming the state’s role in water rights permitting and administration.
Water settlement cases can be lengthy, costly, divisive and disruptive; however under Pruitt’s forward-thinking leadership, the process was hailed by all parties as one of commitment, hard work, perseverance and cooperation.
Pruitt became a national leader through a career of advocating to keep power in the hands of hard-working Americans. He has a proven track record of working with others – including industry, farmers, ranchers, landowners and small business owners - who want to do the right thing by the environment.
He has dedicated his career to creating policy that serves the people. He strongly believes that environmental law, policy and progress are all based on cooperation between the states, cooperation between the states and EPA, and cooperation between regulators and the public. As Attorney General for Oklahoma, he led the state’s legal challenges against property rights intrusion, while protecting Oklahoma’s natural resources and environment.
He is recognized as a national leader in the cause to restore the proper balance between the states and federal government, and he established Oklahoma’s first federalism unit to combat unwarranted regulation and overreach by the federal government.
Before being elected attorney general, he served eight years in the Oklahoma State Senate where he was a leading voice for fiscal responsibility.
After earning his Bachelor’s Degree from Georgetown College and graduating from the University of Tulsa College of Law, Pruitt went into private legal practice, specializing in constitutional law.
In addition to his life as a civil servant, Pruitt is a successful entrepreneur. As a co-owner and managing general partner of Oklahoma City’s Triple-A minor league baseball affiliate, the Oklahoma City Redhawks, Mr. Pruitt took over the team’s marketing operations and helped the team become one of the minor league leaders in attendance and merchandise sales.
Pruitt is, first and foremost, a family man. He and Marlyn, his wife of 27 years, proudly raised their daughter, McKenna, and son, Cade, in Tulsa. Pruitt has made it a priority to pass on to his children the same principled family values with which he was raised.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
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.
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.
Professor of Law, Northwestern University Pritzker School of Law
Joshua Kleinfeld teaches and writes about political, legal, and moral philosophy, criminal law, and criminal procedure. He also practices law in Northwestern's Juvenile Criminal Defense Clinic. He is a full professor with tenure at the Northwestern Pritzker School of the Law and (by courtesy) in Northwestern’s philosophy department. In 2017-18, he was a visiting professor at Harvard and Stanford Law Schools. He is the recipient of the Bator Award, given annually to one American law professor under the age of 40 who has demonstrated "excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact."
In philosophy, Kleinfeld's research focuses on the idea of "embodied ethical life," as developed in the socio-theoretic tradition of Hegel, Weber, and Durkheim. This tradition aims to understand and critique social life by bringing to light the normative ideas implicit in social practices and institutions. In law, this means that the most interesting philosophical concepts are often those reflected or actualized in legal practice – in the law as judges and lawyers think of it and wield it.
In criminal law and procedure, Kleinfeld has developed a theory known as "reconstructivism," which holds that the chief office of criminal law is not to dole out retributive justice, nor to optimize crime and cost control, but to reconstruct a violated normative order in the wake of a crime. This work, which draws on the thought of Hegel, Durkheim, Jean Hampton, and Antony Duff, develops an alternative to retributive and utilitarian theories of criminal law by focusing on the distinctive social function and sense of justice at work in the criminal system.
Kleinfeld is also involved in practical criminal justice reform. In this vein, he defends children accused of homicide in the Northwestern Juvenile Criminal Defense clinic and assists in litigation efforts meant to reform American criminal law through the courts. He has also developed a view of criminal justice reform known as "democratization," which holds that the root of the American criminal justice crisis is a set of bureaucratic attitudes, structures, and incentives divorced from the American public’s concerns and sense of justice, and that the primary solution is to make criminal justice more community-focused and responsive to lay influences. Working with others, he has developed a number of policy proposals meant to reform American criminal justice in a democratic direction.
Kleinfeld holds a JD from Yale Law School, a PhD in philosophy from the Goethe University of Frankfurt (supervised by Axel Honneth, Klaus Günther, and Rainer Forst), and a BA in philosophy from Yale College. He clerked for Judge J. Harvie Wilkinson on the United States Court of Appeals for the Fourth Circuit; Judge Janice Rogers Brown on the United States Court of Appeals for the D.C. Circuit; and President (chief justice) Aharon Barak of the Supreme Court of Israel. He worked as an Associate at Debevoise & Plimpton LLP in Frankfurt, Germany, in the area of corporate criminal law. Before law school, he worked as a Senior Research Analyst at the White House’s Council on Bioethics.
Robert H. McKinney Professor of Law Emeritus and Adjunct Professor of Religious Studies, Indiana University Bloomington - Maurer School of Law
Professor Conkle has been a member of the Maurer School of Law faculty since 1983, Professor Conkle teaches Constitutional Law, the First Amendment, and Law and Religion. His research addresses constitutional law and theory, religious liberty, and the role of religion in American law, politics, and public life. His most recent book is Religion, Law, and the Constitution, Second Edition (Foundation Press, 2022).
Conkle has been honored for his achievements both within and beyond the classroom. He is a two-time recipient of the Leon H. Wallace Teaching Award and has twice won the Gavel Award for outstanding contribution to the graduating class. He has received six faculty fellowships for outstanding scholarship, and in 1999 he was named the Robert H. McKinney Professor of Law. He retired from full-time teaching in December 2017 but continues to be involved in the Law School community.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Director of Law & Policy, Environmental Integrity Project
Following Princeton and the University of Chicago Law School, David began practicing law at Paul, Weiss, Rifkind, Wharton & Garrison. Eventually tiring of litigation where the result was a wire transfer from Entity A to Entity B, in the early 1990’s David began his environmental law career at the Massachusetts Attorney General’s Office. Since then, he has litigated dozens of cases under all of the major environmental statutes including, as Sierra Club’s Chief Climate Counsel, initiating and managing Massachusetts v. EPA. Most recently, he has been busy challenging FERC’s permitting of natural gas pipelines and LNG export terminals. Apart from litigation, David has helped lead efforts on both greenhouse gas regulation and global warming legislation (and may be the only person ever invited to testify by both Barbara Boxer and James Inhofe).
He has drafted a range of federal climate legislation, advised states as to their greenhouse gas regulatory authority (and for many years has represented environmental groups defending state GHG regulations from dormant Commerce Clause challenges). David has designed and taught courses on “Environmental Litigation” at Georgetown University Law Center and “Environmental Law and Science” at the William and Mary Law School/Virginia Institute of Marine Science.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Judge, U.S. District Court for the Southern District of Texas
Hon. Charles Eskridge, Judge, United States District Court for the Southern District of Texas, Houston Division, was born in Cleveland, Ohio, and arrived in Houston, Texas, at the age of 11 with his parents in 1974.
Judge Eskridge received a B.S. from Trinity University and a J.D. from Pepperdine University School of Law. He served as a law clerk to Chief Judge Charles Clark of the United States Court of Appeals for the Fifth Circuit, as a law clerk to Justice Byron White of the Supreme Court of the United States, and as a special assistant to the Hon. Howard Holtzmann of the Iran/U.S. Claims Tribunal in The Hague.
From 1994 to 2019, Judge Eskridge was in private practice in Houston, Texas, litigating complex commercial disputes. He teaches Origins of the Federal Constitution at the University of Houston Law Center and has served as the Distinguished Visiting Practitioner of Law at the Pepperdine University School of Law.
President Donald J. Trump nominated him to the federal bench on May 3, 2019. Following confirmation by the Senate, Judge Eskridge took his seat on October 22, 2019.
Founder, Americans in Support of Law Enforcement
Scott G. Erickson is a conservative writer, policy analyst, and law enforcement professional with over 18 years of experience in police work. He holds a Master of Science degree in Criminal Justice Studies from the University of Cincinnati.
In 2015, Scott founded Americans in Support of Law Enforcement, a pro-law enforcement nonprofit organization dedicated to addressing the issues most relevant to the broader law enforcement community. He currently serves as the organization's President and Executive Director.
In addition to his law enforcement duties, Scott has collaborated extensively with the nation’s foremost conservative think tank, The Heritage Foundation. Frequently contributing to Heritage’s blog, The Daily Signal, Scott has focused on myriad issues of national security including foreign terrorist organizations, law enforcement, and missile defense.
He has co-authored several reports at Heritage: A Comprehensive Suspicious Activity Reporting (SAR) System Requires Action; Changing Today’s Law Enforcement Culture to Face 21st-Century Threats; and Lessons from Benghazi: Investigation Leaves Important Questions Unanswered.
Additionally, Scott’s writing has been featured in The Washington Times, FoxNews.com, The Orange County Register, and other publications. He has also been quoted in major media outlets, including theNew York Times, on national security and law enforcement issues.
A frequent guest on various television and radio programs, Scott has appeared on Fox News, One America News Network, the Dana Loesch Show, and others.
In 2013, Scott was named as one of the Republican National Committee'sRising Stars and his profile was recently featured in USA Today.
Scott continues to work toward advancing conservative solutions to the issues facing our nation while maintaining fidelity to America’s founding documents.
Investigator at San Francisco District Attorney's Office
Daryl Jackson is an Investigator with the San Francisco District Attorney's Office assigned to their special prosecutions unit. He is tasked with investigating allegations of public corruption, law enforcement misconduct, and also serves as an integral part of the Officer Involved Shooting Investigative Team. He was previously a Lieutenant of Inspectors with the Contra Costa County District Attorney's Office, which was a second-in-command position within that organization.
Jackson graduated from Saint Mary’s College graduate with a Master of Arts degree in Leadership and a Bachelors of Science degree in Criminal Justice Management. He has his Peace Officer Standards and Training (POST); Basic, Intermediate, Advanced, Supervisory and Management certificates.
Thomas W. Smith Fellow; Contributing Editor, City Journal, Manhattan Institute
Heather Mac Donald is the Thomas W. Smith Fellow at the Manhattan Institute, a contributing editor of City Journal, and a New York Times bestselling author. She is a recipient of the 2005 Bradley Prize. Mac Donald’s work at City Journal has covered a range of topics, including higher education, immigration, policing, homelessness and homeless advocacy, criminal-justice reform, and race relations. Her writing has appeared in the Wall Street Journal, Washington Post, New York Times, Los Angeles Times, The New Republic, and The New Criterion. Mac Donald's newest book, The Diversity Delusion: How Race and Gender Pandering Corrupt the University and Undermine Our Culture (2018), argues that toxic ideas first spread by higher education have undermined humanistic values, fueled intolerance, and widened divisions in our larger culture.
Mac Donald’s The War on Cops (2016), a New York Times bestseller, warns that raced-based attacks on the criminal-justice system, from the White House on down, are eroding the authority of law and putting lives at risk. Other previous works include The Burden of Bad Ideas (2001), a collection of Mac Donald’s City Journal essays, details the effects of the 1960s counterculture’s destructive march through America’s institutions. In The Immigration Solution: A Better Plan than Today’s (2007), coauthored with Victor Davis Hanson and Steven Malanga, she chronicles the effects of broken immigration laws and proposes a practical solution to securing the country’s porous borders. In Are Cops Racist? (2010), another City Journal anthology, Mac Donald investigates the workings of the police, the controversy over so-called racial profiling, and the anti-profiling lobby’s harmful effects on black Americans.
A nonpracticing lawyer, Mac Donald clerked for the Honorable Stephen Reinhardt, U.S. Court of Appeals for the Ninth Circuit, and was an attorney-advisor in the Office of the General Counsel of the U.S. Environmental Protection Agency and a volunteer with the Natural Resources Defense Council. She has frequently testified before U.S. House and Senate Committees. In 1998, Mac Donald was appointed to Mayor Rudolph Giuliani’s task force on the City University of New York. She has received numerous awards for her writing:
A frequent guest on Fox News and other TV and radio programs, Mac Donald holds a B.A. in English from Yale University, graduating with a Mellon Fellowship to Cambridge University, where she earned an M.A. in English and studied in Italy through a Clare College study grant. She holds a J.D. from Stanford University Law School.
At the Criminal Justice Legal Foundation's 2018 annual meeting in downtown Los Angeles, U.S. Attorney General Jeff Sessions called Mac Donald, “the greatest thinker on criminal justice in America today.”
BART Chief of Police
Kenton W. Rainey is BART's fifth Chief of Police. He began his career in law enforcement in 1979 as a Deputy at the Ventura County Sheriff's Department. He comes to BART with a background that combines his 32 years of law enforcement experience with a deep commitment to community policing, advocacy for the mentally ill and domestic violence victims, and achieving police reform through higher education and training. He has been recognized on numerous occasions for implementing community policing initiatives and working with children who are in “at risk” situations.
Chief Rainey earned his BA in Criminal Justice from California State University Long Beach in 1993 and his MA in Organizational Leadership from the University of Phoenix in 2001. He also earned various leadership certificates from UCLA, National Organization of Black Law Enforcement Executives, International Association of Chiefs of Police, and Police Executive Research Forum.
Principal, Rains Lucia Stern PC
Harry S. Stern is the firm’s managing principal. His practice is focused on civil litigation and criminal defense.
Harry has successfully defended peace officers in a number of high-profile trials. Harry has also represented college and professional athletes, candidates for elected office and other prominent people in civil and criminal actions in both federal and state court. He regularly represents peace officers in internal investigations, administrative hearings, coroner’s inquests, grand jury proceedings and related court actions.
J.D. Candidate at UC Berkeley School of Law
Kevin Walker is a J.D. candidate at UC Berkeley School of Law.
Welpton & Wise Professor of Law, University of Nebraska College of Law
Professor Rick Duncan is the Welpton & Wise Professor of Law at the University Of Nebraska College Of Law. He is a graduate of the Cornell Law School and served as an editor of the Cornell Law Review. He teaches Constitutional Law with a special emphasis on the law of religious freedom, free speech, and federalism. Duncan has written numerous books, articles, and commentaries on a wide variety of legal topics. His recent publications include an article on Justice Scalia’s legacy, another on Kermit Gosnell and Roe v. Wade, a piece on the Electoral College and Federalism, a 2019 piece on Masterpiece Cakeshop and the First Amendment, and three recent articles on the “no compelled speech” doctrine as a First Amendment defense against authoritarianism and tyranny. His most recent article, on School Choice and the First Amendment, will be published in 2023 in Case Western Law Review. He is also the co-author of a book on Secured Transactions under Article 9 of the UCC. He served as Chairman of the Nebraska Advisory Committee to the U.S. Commission on Civil Rights during the Reagan Administration. He also loves to speak at Federalist Society meetings around the country on life, liberty, and the pursuit of federalism.
Duncan has five children, five grandchildren, and a wonderful wife who help him pursue happiness. He loves lifting weights (particularly going heavy on the incline bench press), attending Broadway musicals and plays, including Hamilton: An American Musical which he has seen 12 times (possibly a Nebraska record). He regularly reads both the Bible and the New York Times because it is important to keep up with what both sides have to say. He loves following major league baseball, especially the San Diego Padres. And his favorite legal aphorism is “first come rights then comes government to secure those rights.”
Senior Fellow, Cato Institute
Doug Bandow is a senior fellow at the Cato Institute, specializing in foreign policy and civil liberties. He worked as special assistant to President Reagan and editor of the political magazine Inquiry. He writes regularly for leading publications such as Fortune magazine, National Interest, Wall Street Journal, and Washington Times. Bandow speaks frequently at academic conferences, on college campuses, and to business groups. Bandow has been a regular commentator on ABC, CBS, NBC, CNN, Fox News Channel, and MSNBC. He holds a J.D. from Stanford University.
Senior fellow, Manhattan Institute; Columnist, Wall Street Journal
Jason Riley is a senior fellow at the Manhattan Institute and a columnist for the Wall Street Journal, where he worked for more than 20 years writing opinion pieces on politics, economics, education, immigration and race, among other subjects. He’s also a commentator for Fox News, where he’s appeared for more than a decade.
After joining the Journal in 1994, he was named a senior editorial page writer in 2000 and a member of the Editorial Board in 2005. He joined the Manhattan Institute in 2015. In 2008 he published Let Them In, which argues for a more free-market oriented U.S. immigration policy. His second book, Please Stop Helping Us, which is about the track record of government efforts to help the black underclass, was published in 2014. His most recent book, False Black Power?, is an assessment of why black political success has not translated into more black economic success and was published in June.
Born in Buffalo, N.Y., Mr. Riley earned a bachelor's degree in English from the State University of New York at Buffalo. He has also worked for USA Today and the Buffalo News. He lives in suburban New York City.