Why I Hate the Disparate-Impact Approach to Civil Rights Enforcement and You Should Too
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Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Founder, Original Jurisdiction
David Lat is a lawyer turned writer. He publishes Original Jurisdiction, a newsletter on Substack about law and legal affairs, and he writes for newspapers and magazines, including the New York Times, Washington Post, and Wall Street Journal. Prior to launching Original Jurisdiction, David founded Above the Law, one of the nation's most widely read legal news websites, and Underneath Their Robes, a popular blog about federal judges that he wrote under a pseudonym. He is also the author of a novel set in the world of the federal courts, Supreme Ambitions. Before entering the media world, David worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz, in New York; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. David graduated from Harvard College and Yale Law School, where he served as an editor of the Yale Law Journal.
Professor, The University of South Dakota School of Law
Patrick Garry is a professor of law at The University of South Dakota and the Director of the Hagemann Center for Legal & Public Policy Research.
Professor Garry has published more than forty scholarly articles and authored ten books, many of which have been the subject of numerous conferences and symposia. Professor Garry has been invited on several occasions to testify before Congress on legal and constitutional matters, and he is a frequent speaker at Federalist Society sponsored events. Aside from his public speaking appearances, Professor Garry often writes for popular audience websites, magazines, and newspapers, including the Chicago Tribune and Washington Times. These writings offer commentary and analysis of current political and legal issues.
Professor Garry received his Ph.D. and J.D. from the University of Minnesota. And he has been invited to teach as a visiting professor at the George Washington University Law School, the University of Utah School of Law, the University of Missouri School of Law, and the University of St. Thomas School of Law.
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Senior Fellow, Stand Together Trust
Vikrant Reddy is a senior fellow at Stand Together Trust, specializing in the area of criminal justice reform. Reddy previously served as a senior policy analyst at the Texas Public Policy Foundation (TPPF), where he managed the launch of TPPF’s national Right on Crime initiative in 2010. He has worked as a research assistant at the Cato Institute, as a judicial clerk to the Hon. Gina M. Benavides in Texas, and as an attorney in private practice. He is a member of the State Bar of Texas, and he serves on the Executive Committee of the Criminal Law Practice Group of the Federalist Society. He is also an appointee to the U.S. Commission on Civil Rights Texas State Advisory Committee.
Reddy’s research and scholarly opinions have appeared in a range of national media outlets, including USA Today, National Review, The Federalist, and others.
Reddy earned his law degree from the Southern Methodist University School of Law. He received his undergraduate degree from the University of Texas at Austin.
President & CEO, Americans United for Life
Chief Economist, Abundance Institute
H. Ross & Helen Workman Research Scholar, Director, Program in I, University of Illinois College of Law
Professor Jay P. Kesan's academic interests are in the areas of technology, law, and business. Specifically, his work focuses on patent law, intellectual property, entrepreneurship, cyberlaw, digital government (e-gov), agricultural biotechnology law, and biofuels regulation. His recent publications can be found on SSRN (Social Science Research Network).
At the University of Illinois, Professor Kesan is appointed in the College of Law, the Institute of Genomic Biology, the Department of Electrical & Computer Engineering, the Information Trust Institute, the Coordinated Science Laboratory, the College of Business, and the Department of Agricultural & Consumer Economics.
He directs the Program in Intellectual Property & Technology Law at the College of Law. At the Institute of Genomic Biology (IGB), he is group leader of the Business, Economics & Law of Genomic Biology (BioBEL) theme, and he directs research on biofuel law & regulation at the Energy Biosciences Institute (EBI).
Most recently, he served as a Thomas A. Edison Scholar at the U.S. Patent and Trademark Office (USPTO).
His recent awards include: Honorable Mention ($1,000 Award), Competition on Cyberdeterrence conducted by the National Research Council for work on “Thinking Through Active Defense in Cyberspace,” 2011; Microsoft Research Awards in 2011 and 2012 for work on technology standards and patent policy; Best Paper Award for Contributions to Foundations of Electronic Governance at the 4th International Conference on Theory and Practice of Electronic Governance (ICEGOV), Beijing, China, Oct. 25-28, 2010; Best Paper Award for "An Empirical Examination of Open Standards Development" (with R. Shah), 41st Hawaii International Conference on System Sciences (HICSS), 2008; Best Paper Award for "An Empirical Study of Open Standards" (with R. Shah) published in the Proceedings of the 8th Annual International Conference on Digital Government Research, 2007; and IBM Faculty Award in 2006.
His books include: Adopting Open Source Software, A Practical Guide (with Fitzgerald, Russo, Shaikh and Succi), MIT Press (2011); The Commercial Law of Intellectual Property (with Alces, Frisch and See), Aspen Publishing Co. (2003-2014 Cumm. Supp.) (treatise); Intellectual Property in Business Organizations (with Ghosh and Gruner), Lexis-Nexis Publishing Co. (2d ed. 2012) (unique and first-of-its-kind casebook on transactional IP); Defining Values for Research & Technology(Greenough, McConnaughay and Kesan (eds.)), Rowman & Littlefield Publishing (Fall 2006); Intellectual Property: Private Rights, the Public Interest, and the Regulation of Creative Activity (with Ghosh, Gruner & Reis), West Publishing Co. (2d ed. 2010) (casebook); Agricultural Biotechnology and Intellectual Property: Seeds of Change, Kesan (ed.), CABI Publishing Co., Oxford (2007).
He has received numerous, multi-year research grants/awards for his work in the areas of intellectual property and technology regulation from the National Science Foundation, The National Academy of Sciences—Board of Science, Technology and Economic Policy (STEP), the private sector, the U.S. Department of Agriculture, the Energy Biosciences Institute, the Federal Judicial Center, the Net Institute, the Coleman Foundation, and the University of Illinois Campus Research Board.
Professor Kesan continues to be professionally active in the areas of patent litigation and technology entrepreneurship. He was appointed by federal judges to serve as a special master in patent litigations, and has served as a technical and legal expert and/or counsel in patent matters. He also serves on the boards of directors/advisors of start-up technology companies.
He participated twice in panels at the Federal Trade Commission and the Department of Justice Hearings on the Implications of Competition and Patent Law and Policy. He testified about biofuel regulation issues before the U.S. House of Representatives Subcommittee on Energy and Environment, House Committee on Science, Space, and Technology. He has also worked with the U.S. Department of Commerce and the U.S. Civilian Research & Development Foundation on their intellectual property protection and technology commercialization activities in the former Soviet Union countries.
He is regular radio commentator for “Legal Issues in the News,” WILL-AM-FM Illinois Public Radio.
Professor Kesan was a JSPS Invited Fellow and visiting associate professor at the University of Tokyo, Japan and has also served as a Foreign Research Fellow at the Institute of Intellectual Property (IIP) in Tokyo, Japan. He has also taught as a visiting faculty at Georgetown University, DePaul University, Florida State University, and Seattle University.
He serves as faculty editor-in-chief of the University of Illinois Journal of Law, Technology & Policy, which published its inaugural issue in Spring 2001. He has also developed an online course on "Legal Issues in Technology Entrepreneurship," supported by a grant from the Coleman Foundation.
Professor Kesan received his J.D. summa cum laude from Georgetown University, where he received several awards including Order of the Coif and served as associate editor of the Georgetown Law Journal. After graduation, he clerked for Judge Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit.
Prior to attending law school, Jay Kesan – who also holds a Ph.D. in electrical and computer engineering – worked as a research scientist at the IBM T.J. Watson Research Center in New York. He is a registered patent attorney and practiced at the former firm of Pennie & Edmonds LLP in the areas of patent litigation and patent prosecution. In addition, he has published numerous scientific papers, and he has obtained several patents in the U.S. and abroad.
Associate Dean for Academic Affairs, Austin E. Owen Research Scholar & Professor of Law, The University of Richmond School of Law
Dean Kristen Jakobsen Osenga teaches and writes in the areas of patent law, antitrust, and legislation and regulation. Some of her recent scholarship focuses on standard development organizations, patent eligible subject matter, patent licensing firms, litigation and remedies for patent infringement, and patent law reform. She has written numerous law review articles on these and other topics, as well as book chapters and op eds on various aspects of patent law. Additionally, she has spoken on these issues at many academic conferences and bar events. Dean Osenga is Chief Policy Counselor for the Inventors Defense Alliance, as well as an active member of the Federal Circuit Bar Association and the American Intellectual Property Law Association.
Dean Osenga received a B.S. degree in Biomedical Engineering from the University of Iowa, an M.S. degree in Electrical Engineering from Southern Illinois University – Carbondale, and a J.D. from the University of Illinois College of Law, where she graduated magna cum laude. After law school, she practiced at the law firm of Finnegan, Henderson, Farabow, Garrett, & Dunner LLP, (now Finnegan) where she did patent prosecution and litigation. She then clerked for the Judge Richard Linn of the U.S. Court of Appeals for the Federal Circuit. After clerking, she entered academia, teaching first at Chicago-Kent College of Law and then at the University of Richmond, where she has been since 2006. She has also been a Visiting Professor at Emory University School of Law and at William & Mary School of Law.
Judge, United States Court of Appeals, Eleventh Circuit
Britt C. Grant is a judge on the U.S. Court of Appeals for the Eleventh Circuit. Judge Grant was appointed to the federal bench in August 2018 after serving as a Justice on the Supreme Court of Georgia. Prior to her judicial appointment, she served as the Solicitor General of Georgia and practiced in the Washington, D.C. office of Kirkland & Ellis. Upon graduation from law school, Judge Grant served as a law clerk to then-Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit. She earned her J.D., with distinction, from Stanford Law School, where she was the Co-Founder of the Stanford National Security and the Law Society, and the President of the Stanford Law chapter of the Federalist Society. Before enrolling in law school, Judge Grant served in The White House in a variety of domestic policy roles as well as on the staff of Congressman Nathan Deal. Judge Grant earned her B.A., summa cum laude, from Wake Forest University, where she was inducted into Phi Beta Kappa. She now lives in Atlanta, Georgia with her husband and three children.
Solicitor General, Kansas, and Professor of Law, University of Kansas School of Law
Stephen R. McAllister is a native Kansan who grew up in Lucas, Kansas and graduated from Lucas-Luray High School. Growing up, he also lived in Hiawatha and Chanute, Kansas. He received both his B.A. and his J.D. degrees from the University of Kansas.
Following his graduation from law school, Steve clerked for Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit in Chicago, and then for Justices Byron White and Clarence Thomas of the Supreme Court of the United States. After his clerkships Steve worked in the Washington, D.C. office of the Los Angeles law firm, Gibson, Dunn & Crutcher.
In 1993, Steve returned to his alma mater as a visiting professor of law. In 1999 he received tenure and promotion to the rank of full Professor. He served as Dean of the KU Law School from 2000 – 2005.
As a professor, Steve teaches constitutional law, constitutional litigation and torts. He won the Frederick J. Moreau Award for student advising in 1997, and a W.T. Kemper Award for excellence in teaching in 1999. As a scholar, Steve has written on a variety of constitutional topics, including affirmative action, capital punishment, federalism, and sex offender laws. Steve is an elected a Fellow of the American Bar Foundation and a Trustee of the Supreme Court Historical Society.
Steve also has appeared before the Supreme Court of the United States several times. From 1999 – 2003, he served as the first State Solicitor for Kansas, assisting the Kansas Attorney General’s office in state cases raising important constitutional issues. In both 2001 and 2002, Supreme Court briefs that Steve authored for the State of Kansas won Best Brief Prizes at the annual summer meeting of the National Association of Attorneys General.
From May 2006 until March 2007, Steve served as Legislative Counsel for Kansas, advising the legislature regarding legal issues. In that capacity, Steve participated in the Kansas school finance litigation in the Kansas Supreme Court, filing a brief on behalf of the Kansas Legislature and presenting oral argument on behalf of the State as a special assistant attorney general. Since May 2007, Steve has served as Solicitor General of Kansas in the office of the Kansas Attorney General, briefing and arguing important cases involving abortion, the death penalty, freedom of speech, and right to a jury trial.
Steve speaks regularly on a variety of constitutional topics, as well as judicial confirmation and the Supreme Court as an institution.
Clerk, Judge Richard Posner, U.S. Court of Appeals, 7th Circuit 1988-89; Clerk, Justice Byron White, U.S. Supreme Court 1989-91; Clerk, Justice Clarence Thomas, U.S. Supreme Court 1991-1992; Associate, Gibson, Dunn & Crutcher, DC, 1992-93; Visiting Associate Professor, Kansas 1993-95, Associate Professor, Kansas 1995-98, Professor since 1999; Associate Dean of Academic Affairs 1999-2000; Dean 2000-2005; Interim Director, Dole Institute of Politics 2003-04.
J.D. 1988, Kansas, Articles Editor, University of Kansas Law Review; B.A. 1985, Kansas
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.
Judge, United States District Court, Western District of Oklahoma
Patrick Wyrick serves as a United States District Court Judge for the Western District of Oklahoma. He was nominated for that position by the President, and assumed duty on April 12, 2019. Before being appointed a federal judge, Wyrick served as Vice Chief Justice of the Oklahoma Supreme Court. Prior to his appointment to the Oklahoma Supreme Court, Wyrick served six years as Oklahoma's Solicitor General.