2016 Fifth Circuit Roundup
Palace Cafe 605 Canal StreetNew Orleans, Louisiana 70130
Here are the latest events.
Costa is a partner in Gibson Dunn’s Houston office and co-chair of the firm’s Trials Practice Group. Mr. Costa offers clients a unique perspective as the only former federal trial and appellate judge trying cases and leading investigations. His broad experience—having handled complex civil and criminal matters, at trial and on appeal, as advocate and judge—allows him to offer invaluable skills and strategic insights.
Before joining Gibson Dunn, Mr. Costa served for more than ten years as a federal trial and appellate judge. He served on the U.S. Court of Appeals for the Fifth Circuit from 2014 to 2022. After his nomination by President Obama, the Senate confirmed him by a vote of 97-0. No federal appellate judge nominated since has received more votes. Mr. Costa first served as a district judge for the Southern District of Texas from 2012 to 2014. When appointed to the bench, he was the youngest-sitting federal judge at age 39. Mr. Costa presided over thirty federal trials in four different venues (he continued handling district court matters while serving on the court of appeals). He wrote precedential opinions in almost every area of the law, including antitrust, intellectual property, class actions, international arbitration, securities fraud, bankruptcy, conflicts of law, labor and employment, oil and gas, False Claims Act, administrative law, constitutional law, and criminal law. In press accounts of his tenure, he was described as an “exceptionally gifted jurist” with a “towering intellect” who was “respected by all sides.” The Federal Judicial Center invited Mr. Costa on multiple occasions to teach new federal district judges.
Before taking the bench, Mr. Costa was an Assistant U.S. Attorney in Houston from 2005 to 2012. As a prosecutor, he tried more than 15 jury trials, including serving as a lead prosecutor of Allen Stanford, the head of Stanford Financial Group, for orchestrating a multibillion-dollar international fraud scheme. Mr. Costa is featured in a documentary about the case, The Man Who Bought Cricket. A Reuters article about the trial quotes a victim who said that Mr. Costa’s closing argument “brought her to tears.” For his work on the Stanford case, Mr. Costa received the John Marshall Award for Trial of Litigation and the Assistant Attorney General’s Award for Exceptional Service. He also prosecuted cases involving kickbacks in the energy industry, public corruption, the Foreign Corrupt Practices Act, securities fraud, internet fraud, and counterfeit technology products. During his time as a federal prosecutor, Mr. Costa served as the Southern District of Texas’s Deputy International Affairs Coordinator, during which he assisted with investigations in more than a dozen countries.
Mr. Costa is a frequent speaker and author on legal topis, including writing for the ABA’s Litigation Journal on various trial-related issues. He also taught Federal Jurisdiction at the University of Houston Law Center, where he was named an Honorary Alumnus.
After college, Mr. Costa taught elementary school for two years in the Mississippi Delta through Teach for America. He has remained involved in the Delta and in education, launching a nonprofit in Mississippi, serving on the board of the Houston Urban Debate League, and helping teach Government at a Houston‑area charter school.
Chief Judge, United States Court of Appeals, Fifth Circuit
Jennifer Walker Elrod is the Chief Judge of the United States Court of Appeals for the Fifth Circuit. She was nominated to the Fifth Circuit in 2007, and she served as a Circuit Judge on the court until assuming the role of Chief Judge in October 2024. Prior to serving as a Circuit Judge, Chief Judge Elrod was appointed and then twice elected Judge of the 190th District Court of Harris County, Texas, where she spent over five years presiding over more than 200 jury and non-jury trials.
Chief Judge Elrod graduated cum laude from Harvard Law School, where she was an active member of the Harvard Federalist Society, an Ames Moot Court finalist, and a Senior Editor of the Harvard Journal of Law & Public Policy. She clerked for the Honorable Sim Lake in the Southern District of Texas. Before serving as a judge, Chief Judge Elrod worked in private practice, focusing on civil litigation, antitrust, and employment matters.
She has been repeatedly recognized for her work as a jurist, as well as for her pro bono work and contributions to the community. She has been named the 2022 Texas Review of Law & Politics’ Jurist of the Year, the 2018 Harvard Federalist Society’s Alumni of the Year, the 2016–17 Texas Association of Civil Trial and Appellate Specialists’ Appellate Judge of the Year, and the 2008 Mexican-American Bar Association of Texas’s Judge of the Year.
Chief Judge Elrod is actively engaged in the academic and legal communities. Chief Judge Elrod currently serves on the Board of Directors and as the Jurist-in-Residence at the South Texas College of Law, where she teaches civil procedure and First Amendment law. She is also a member of the American Law Institute and of the Board of Advisors for the Harvard Journal of Law & Public Policy, and she is a former member of the Board of Regents of her alma mater, Baylor University, and the Board of Visitors at Brigham Young University Law School. She previously served as the Chair of the Codes of Conduct Committee for the Judicial Conference of the United States. She has also served as the M.D. Anderson Visiting Public Service Professor at the Texas Tech University School of Law and as Jurist-in-Residence at Brigham Young University Law School, and she has taught legal writing at the University of Houston Law Center. She presented the Lewis F. Powell, Jr. Distinguished Lecture at the Washington and Lee University School of Law and is a frequent speaker on the topics of trial and appellate procedure, ethics, employment law, and constitutional law. Chief Judge Elrod also serves on the board of the Garland R. Walker Inn of Court, and co-produces an annual musical CLE, for which her pupilage group has won multiple national awards.
Chief Judge Elrod’s publications include: Trial by Siri: AI Comes to the Courtroom; Don’t Mess with Texas Judges: In Praise of the State Judiciary; For Good: Enriching Your Practice and Your Life Through Pro Bono and Community Service; Is the Jury Still Out?: A Case for the Continued Viability of the American Jury; and W(h)ither the Jury? The Diminishing Role of the Jury Trial in our Legal System.
Senior Counsel and Director of Strategic Engagement, Alliance Defending Freedom
Jordan Lorence serves as senior counsel and director of strategic engagement with Alliance Defending Freedom, where he plays a key role with the Strategic Relations & Training Team. His work has encompassed a broad range of litigation, with a primary focus on religious liberty, free speech, student privacy, conscience rights of creative professionals, and the First Amendment freedoms of public university students and professors.
Lorence argued before the U.S. Supreme Court in the precedent-setting Southworth v. Board of Regents of the University of Wisconsin System case in 1999, challenging the university’s requirement that forced unwilling students to contribute to campus activist groups. He led the challenge to New York City’s ban on private worship services after hours in vacant public school buildings in the long-running Bronx Household of Faith v. Board of Education of the City of New York case. Lorence also defended the right of conscience in Elane Photography v. Willock at the New Mexico Supreme Court.
Lorence has made media appearances on television and radio shows including Fox News, NBC’s Today Show, and National Public Radio’s All Things Considered. His commentary has also appeared in The Wall Street Journal, USA Today, The New York Daily News, The New York Post, The Philadelphia Inquirer, The Washington Times, The Hill, and National Review.
Before officially joining the organization in 2001, Lorence was a productive allied attorney for many years, actively involved in significant litigation for ADF. He has also worked for the Home School Legal Defense Association, Concerned Women for America, and the American Center for Law and Justice. Lorence earned a J.D. from the University of Minnesota Law School and received a B.A. in journalism from Stanford University. He is admitted to the bar in Minnesota, Virginia, the District of Columbia, the U.S. Supreme Court, and multiple federal appellate and district courts.
Senior Counsel and Director of Strategic Engagement, Alliance Defending Freedom
Jordan Lorence serves as senior counsel and director of strategic engagement with Alliance Defending Freedom, where he plays a key role with the Strategic Relations & Training Team. His work has encompassed a broad range of litigation, with a primary focus on religious liberty, free speech, student privacy, conscience rights of creative professionals, and the First Amendment freedoms of public university students and professors.
Lorence argued before the U.S. Supreme Court in the precedent-setting Southworth v. Board of Regents of the University of Wisconsin System case in 1999, challenging the university’s requirement that forced unwilling students to contribute to campus activist groups. He led the challenge to New York City’s ban on private worship services after hours in vacant public school buildings in the long-running Bronx Household of Faith v. Board of Education of the City of New York case. Lorence also defended the right of conscience in Elane Photography v. Willock at the New Mexico Supreme Court.
Lorence has made media appearances on television and radio shows including Fox News, NBC’s Today Show, and National Public Radio’s All Things Considered. His commentary has also appeared in The Wall Street Journal, USA Today, The New York Daily News, The New York Post, The Philadelphia Inquirer, The Washington Times, The Hill, and National Review.
Before officially joining the organization in 2001, Lorence was a productive allied attorney for many years, actively involved in significant litigation for ADF. He has also worked for the Home School Legal Defense Association, Concerned Women for America, and the American Center for Law and Justice. Lorence earned a J.D. from the University of Minnesota Law School and received a B.A. in journalism from Stanford University. He is admitted to the bar in Minnesota, Virginia, the District of Columbia, the U.S. Supreme Court, and multiple federal appellate and district courts.
Chair, Issues & Appeals, Hunton Andrews Kurth LLP
The former Solicitor General of West Virginia, Mr. Lin has been on the front lines of many precedent-setting cases in appellate courts across the country, including in a US Supreme Court victory that George Will called “the court’s most severe rebuke of a president” since the Truman administration. Having argued more than 60 appeals, he brings to clients a well-honed ability to identify the most persuasive issues for appeal and a practiced understanding of how best to frame complex legal questions in appellate courts.
With experience in the private sector and multiple branches of government, Mr. Lin’s practice has spanned a wide range of issues, including major questions of constitutional and administrative law at the federal and state levels. On behalf of more than two dozen states, he won a stay from the US Supreme Court of the EPA’s Clean Power Plan. Described by the New York Times as an “unprecedented” order, the stay was the first time the Supreme Court had ever put a regulation on hold before review by a federal appeals court. In that same case, Elbert argued before the en banc DC Circuit in an historic proceeding that one commenter quoted in E&E News compared to “the NBA All-Star Game.” At the state level, Elbert led the effort that persuaded the West Virginia Supreme Court of Appeals to overturn an injunction of the state’s right-to-work law.
In 2013, Mr. Lin was appointed the Solicitor General of West Virginia. During his four-and-a-half year tenure, he served as a member of the Attorney General’s senior management team, oversaw all civil and criminal appeals, and argued nearly two dozen cases in federal and state appellate courts. He authored more than twenty-five briefs in the US Supreme Court and more than forty-five formal Opinions of the Attorney General.
Earlier in his career, Mr. Lin served as a trial attorney in the Federal Programs Branch of the US Department of Justice’s Civil Division, where he received a Special Service Award. He has also been a law clerk at all three levels of the federal judiciary: for Justice Clarence Thomas on the US Supreme Court; for Judge William H. Pryor Jr. on the US Court of Appeals for the Eleventh Circuit; and for Senior Judge Robert E. Keeton on the US District Court for the District of Massachusetts.
Mr. Lin speaks regularly on a wide variety of topics, including constitutional law, administrative law, environmental law, state and federal relations, the US Supreme Court, and appellate practice. He has testified before Congress, and has spoken at the national conventions of the American Bar Association, the Association of Corporate Counsel, the National Asian Pacific American Bar Association, the Federalist Society, Americans for Prosperity, and the American Legislative Exchange Council. He is an elected member of the American Law Institute, a public member of the Administrative Conference of the United States, and a fellow of the American Academy of Appellate Lawyers.
Mr. Lin is admitted to practice in the following federal courts: the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; the District of Massachusetts; the Northern and Southern Districts of West Virginia; and the Eastern and Western Districts of Virginia.
Senior Counsel, Americans United for Life
Clarke has a law degree from Valparaiso University School of Law and a B.A. in Political Science from Allegheny College.
Clarke Forsythe is currently Senior Counsel for AUL and author of Abuse of Discretion: The Inside Story of Roe v. Wade. His twenty-seven years of service to AUL includes founding and directing the AUL Project in Law & Bioethics, serving for six years as Vice President and General Counsel, overseeing our nationwide litigation and legislation strategy, and serving as President for ten years.
Mr. Forsythe has argued cases before federal and state courts and has testified before Congress and state legislatures. He is also a prolific writer on pro-life law issues, having published more than 15 law review articles and book chapters, as well as articles in First Things, the Wall Street Journal, and National Review Online. Other leading newspapers that have published his articles or quoted him include The New York Times, USA Today, the Washington Times, the Washington Post, Chicago Tribune, and the Wall Street Journal. Clarke blogs frequently on “The Road to Roe."
In 2006, Mr. Forsythe received an M.A. in Bioethics from Trinity International University. His recent articles include “A Lack of Prudence,” published in Human Life Review; “Protecting Unconscious, Medically-Dependent Persons after Wendland & Schiavo,” published in Constitutional Commentary; “The Tragic Failure of Roe v. Wade: Why Abortion Should be Returned to the States” published in Texas Review of Law and Politics; and most recently, “A Road Map Through the Supreme Court’s Back Alley” published in Villanova Law Review.
His first book, Politics for the Greatest Good: The Case for Prudence in the Public Square, was published by InterVarsity Press in 2009. First Things called it “an essential book for lawmakers and all participants in the ongoing culture wars.”
Partner, Gibson Dunn
Thomas H. Dupree, Jr. is a partner in the Washington, DC office of Gibson, Dunn & Crutcher. He is a member of the firm's litigation department and its Appellate and Constitutional Law practice group, and serves as the hiring partner for the DC office.
Mr. Dupree is an experienced trial and appellate advocate. He has argued more than 70 appeals in the federal courts, including in all thirteen circuits as well as the United States Supreme Court. He has represented clients throughout the country in a wide variety of trial and appellate matters, including cases involving punitive damages, class actions, product liability, arbitration, intellectual property, employment, and constitutional challenges to federal and state statutes.
In 2007, Mr. Dupree was appointed Deputy Assistant Attorney General. He served in the Civil Division at the U.S. Department of Justice from 2007 to 2009, ultimately becoming the Principal Deputy Assistant Attorney General. In that capacity, he served as the division's second-in-command, overseeing the more than 900 lawyers in the Civil Appellate, Commercial, Federal Programs and Torts branches, as well as the Office of Immigration Litigation and the Office of Consumer Litigation. Mr. Dupree was responsible for managing many of the government's most significant cases involving regulatory, commercial, constitutional and national security matters on behalf of virtually all of the federal agencies, the White House, and senior federal officials. Before being named the division's top deputy, Mr. Dupree ran its largest litigating branch, managing a staff of 280 lawyers.
Chambers and Partners named Mr. Dupree one of the leading appellate lawyers in the United States in 2012, 2013, 2014, 2015, and 2016. He received similar honors in 2010, when he was ranked as one of the top ten appellate litigators under age 40 by Law360. In 2009, the National Law Journal and Legal Times selected him as one of the top 40 lawyers under 40 in Washington, DC, as did Washingtonian magazine in 2006. Based on surveys of hundreds of corporate counsel, Mr. Dupree was named a "Client Service All-Star" by BTI Consulting Group in a 2013 report for his "overall legal prowess" and his "ability to deliver a plan of action that yields results."
Legal Times has called Mr. Dupree "no stranger to high-profile work." Among other things, he played a substantial role in the successful representation of George W. Bush before the United States Supreme Court in Bush v. Gore, and represented New England Patriots quarterback Tom Brady in challenging his "Deflategate" suspension.
In 2014, Mr. Dupree argued and won, by a unanimous 9-0 vote, a landmark personal jurisdiction case in the United States Supreme Court, Daimler AG v. Bauman. For this achievement, American Lawyer magazine named him Litigator of the Week, noting that he "won over both the liberal and conservative wings of the court."
Other matters Mr. Dupree has handled include:
Mr. Dupree appears frequently on national television as a legal analyst. He is a regular guest on Fox News Channel, and has appeared on "The O'Reilly Factor" and "The Kelly File," as well as on CNN's "Situation Room" and C-Span's "America & The Courts," among other programs. He has also been quoted in numerous print publications, including the New York Times, the Wall Street Journal, the Washington Post, the Los Angeles Times and many others, discussing legal issues and developments. Mr. Dupree has also testified before Congress on constitutional and separation-of-powers issues, including the President's authority to act through executive order.
Mr. Dupree graduated cum laude from Williams College, and with Honors from the University of Chicago Law School, where he served as an Editor of the University of Chicago Law Review. After law school, he clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit.
S. Walter Richey Professor of Corporate Law, University of Minnesota Law School
Professor Richard W. Painter received his B.A., summa cum laude, in history from Harvard University and his J.D. from Yale University, where he was an editor of the Yale Journal on Regulation. Following law school, he clerked for Judge John T. Noonan Jr., of the United States Court of Appeals for the Ninth Circuit and later practiced at Sullivan & Cromwell in New York City and Finn Dixon & Herling in Stamford, Connecticut.
He has served as a tenured member of the law faculty at the University of Oregon School of Law and the University of Illinois College of Law, where he was the Guy Raymond and Mildred Van Voorhis Jones Professor of Law from 2002 to 2005.
From February 2005 to July 2007, he was Associate Counsel to the President in the White House Counsel's office, serving as the chief ethics lawyer for the President, White House employees and senior nominees to Senate-confirmed positions in the Executive Branch. He is a member of the American Law Institute and is an advisor for the new ALI Principles of Government Ethics. He has also been active in the Professional Responsibility Section of the American Bar Association.
Professor Painter has also been active in law reform efforts aimed at deterring securities fraud and improving ethics of corporate managers and lawyers. A key provision of the Sarbanes-Oxley Act of 2002 requiring the SEC to issue rules of professional responsibility for securities lawyers was based on earlier proposals Professor Painter made in law review articles and to the ABA and the SEC. He has given dozens of lectures on the Sarbanes-Oxley Act to law schools, bar associations, and learned societies, such as the American Academy of Arts and Sciences. Professor Painter has on four separate occasions provided invited testimony before committees of the U.S. House of Representatives or the U.S. Senate on securities litigation and/or the role of attorneys in corporate governance.
His book, Getting the Government America Deserves: How Ethics Reform Can Make a Difference, was published by Oxford University Press in January 2009. He has written op-eds on government ethics for various publications including the New York Times, the Washington Post and the Los Angeles Times, and he has been interviewed several times on government ethics and corporate ethics by national news organizations, including appearances on Lawrence O'Donnell (MSNBC), Anderson Cooper 360 (CNN), CNN News, Fox News, National Public Radio All Things Considered, and Minnesota Public Radio News. In 2011, he testified before the U.S. House Government Oversight Committee on partisan political activity by government officials and reform of the Hatch Act. Professor Painter has also given expert testimony in cases involving securities transactions and the professional responsibility of lawyers. He testified as a defense witness in SEC. v. The Reserve Money Market Fund (SDNY, November 2012), a jury trial of an SEC enforcement action against the founders of the world's oldest money market fund that ended with a defense verdict on all of the fraud counts.
Professor Painter is the author of two casebooks: Securities Litigation and Enforcement (with Margaret Sachs and Donna Nagy; West 2003; Second Edition, 2007; Third Edition 2011) and Professional and Personal Responsibilities of the Lawyer (with Judge John T. Noonan Jr.; Foundation 1997; Second Edition, 2001; Third Edition 2011). He has written dozens of articles, book reviews, and essays, including a series of papers and a forthcoming book with Minnesota colleague Claire Hill on the personal responsibility of investment bankers.
Distinguished McKnight University Professor, University of Minnesota Law School
Professor Alexandra B. Klass teaches and writes in the areas of energy law, environmental law, natural resources law, tort law, and property law. Her recent scholarly work, published in many of the nation’s leading law journals, addresses regulatory challenges to integrating more renewable energy into the nation’s electric transmission grid, oil and gas transportation infrastructure, and eminent domain issues surrounding interstate electric transmission lines and oil and gas pipelines. She is a co-author of The Practice and Policy of Environmental Law (Foundation Press, 3d ed. 2014) and a co-author of Energy Law and Policy (West Academic Publishing 2015). Professor Klass was named the Stanley V. Kinyon Teacher of the Year for 2009-2010, and she served as Associate Dean for Academic Affairs from 2010-2012. She was a Visiting Professor of Law at Harvard Law School in 2015. She is a Distinguished McKnight University Professor and in prior years was the Julius E. Davis Professor of Law and the Solly Robins Distinguished Research Fellow.
Prior to her teaching career, Professor Klass was a partner at Dorsey & Whitney LLP in Minneapolis, where she specialized in environmental law, natural resources, and land use cases. During her years in private practice from 1993-2004, she handled cases in federal and state trial and appellate courts involving contaminated property, wetlands, environmental review, mining, environmental rights, zoning, eminent domain, and environmental torts. She continues to represent clients pro bono in cases involving environmental, natural resources, and energy law matters. She clerked for the Honorable Barbara B. Crabb, Chief Judge of the U.S. District Court for the Western District of Wisconsin from 1992-1993.
Professor Klass has served in leadership positions in state and national bar organizations. She is currently on the Board of Directors of the Minnesota Center for Environmental Advocacy. She was a member of the Governing Council of the Environmental and Natural Resources Section of the Minnesota State Bar Association from 2005-2013, was a member of the Board of Directors of the Minnesota Chapter of the Federal Bar Association from 2001-2011, and served as co-chair of the Environmental Law Section of the Hennepin County Bar Association from 2000-2006. She is a Member Scholar at the Center for Progressive Reform, and a Resident Fellow at the University of Minnesota’s Institute on the Environment.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
U.S. Court of Appeals, Fifth Circuit
E. Grady Jolly is a federal judge on senior status with the United States Court of Appeals for the Fifth Circuit. He joined the court in 1982 after being nominated by President Ronald Reagan.
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Associate Professor of Law, Notre Dame Law School
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.