Mike Daugherty is the CEO of LabMD, a cancer testing laboratory. He has spent most of the last decade defending his company against charges that it had deficient cybersecurity practices. The early years of his entering and fighting Washington, DC, are recorded in his book, “The Devil Inside the Beltway”. In so doing, he has become the only litigant to challenge the basic authority that underlies more than 200 enforcement actions relating to cybersecurity and online privacy that the FTC has brought over the past 15 years. Every one of the 200+ litigants before him – including some of the largest companies in the world – have settled with the FTC, creating an unquestioned and untested belief that the FTC has broad authority to regulate in these areas. Following oral arguments in June, 2017, before a panel of the 11th Circuit Court of Appeals, it seems entirely possible that he will prevail. In so doing, he may well topple key pillars of the FTC’s cybersecurity and online privacy edifice, successfully exposing and challenging The Administrative State.
Vice President for Litigation, Institute for Free Speech
Biography
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.
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Senior Fellow for Law, Economics, and Technology, The Heritage Foundation; Professor, Florida International University
Biography
Mario Loyola is a Senior Fellow for Law, Economics, and Technology at The Heritage Foundation.
Loyola served in the Trump Administration as Associate Director for Regulatory Reform at the White House Council on Environmental Quality. In that role, he was one of the principal drafters of the One Federal Decision policy, which helped to streamline the permitting and environmental review of large infrastructure projects. While at CEQ, he was a member of the U.S. delegation to the USMCA free trade negotiations with Mexico and Canada, as well as the United Nations conference on biodiversity on the high seas. Loyola initially joined the White House in February 2017 as a Presidential Speechwriter, employing his expertise in many areas of foreign and domestic policy.
After beginning his career in M&A and corporate finance law, Loyola served in the Bush 43 Administration as a special assistant to the Undersecretary of Defense for Policy. He left that position to start writing on national defense issues in magazines such as National Review and The Weekly Standard, reporting from the front lines of the war on terrorism in Lebanon, Israel, and Iraq. He finished the Bush Administration as Foreign and Defense Counsel to the U.S. Senate Republican Policy Committee, then under the chairmanship of Senator Kay Bailey Hutchison of Texas. He subsequently moved to Texas and joined the Texas Public Policy Foundation, where he specialized in energy, environment, and federalism.
Loyola is a frequent contributor to The Wall Street Journal, National Review, and The Atlantic, among others. He teaches environmental and administrative law at Florida International University, where he is Founding Director of the Environmental Finance and Risk Management program in FIU’s prestigious Institute of Environment. He received a bachelor’s degree in European history from the University of Wisconsin–Madison and a J.D. from Washington University School of Law.
Harry Kalven, Jr. Professor of Law & Faculty Director, Constitutional Law Institute, University of Chicago Law School
Biography
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, Villanova University Charles Widger School of Law
Biography
Tuan Samahon teaches and writes in the areas of federal courts and constitutional law. His articles have been published in the Stanford Law Review, Ohio State Law Journal, Hastings Law Journal, William & Mary Bill of Rights Journal, University of Chicago Legal Forum, Denver Law Review, and Villanova Law Review, among others.
Beyond his scholarship, Tuan is engaged in interpreting and fashioning federal constitutional law. He has testified before the U.S. Senate Judiciary Committee, Subcommittee on the Constitution, and has served as counsel in separation-of-powers and Freedom of Information Act litigation in federal trial and appellate courts. Recently, Tuan prevailed against the CIA in a civil action for the release of the draft fifth volume of its secret history of the 1961 Bay of Pigs operation. In addition to representing others, for a book he is researching, Tuan successfully sued the FBI for the release of agency records detailing high-ranking executive and judicial officers' abuses of power.
Tuan received his B.A. from Brigham Young University and his J.D. from Georgetown University Law Center, where he was an Olin Law and Economics Research Fellow and was co-awarded the Olin Prize in Law and Economics. Prior to entering teaching, he clerked for U.S. District Judge Raymond A. Jackson on the Eastern District of Virginia and for U.S. Circuit Judge Jay S. Bybee on the Ninth Circuit. He also practiced in the Washington, D.C. office of Covington & Burling. Professor Samahon was named "Professor of the Year" by his students at the University of Nevada, Las Vegas. He teaches civil procedure, federal courts, and constitutional law subjects.
During spring 2017, Tuan served as a Fulbright scholar with the law faculty at the University of Zagreb, Croatia.
Welpton & Wise Professor of Law, University of Nebraska College of Law
Biography
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.”
Professor Tebbe teaches courses on constitutional law, religious freedom, legal theory, and professional responsibility. His scholarship focuses on the relationship between religious traditions and constitutional law, both in the United States and abroad. His articles have appeared in Georgetown Law Journal, Journal of Religion, Michigan Law Review, University of Pennsylvania Law Review, and, most recently, Virginia Law Review. He is a past Chair of the Law and Religion Section of the Association of American Law Schools and he is co-organizer of the Annual Law and Religion Roundtable. He is regularly called on by media outlets to discuss questions of religious freedom and general constitutional law.
Professor Tebbe served as a Visiting Professor of Law at Cornell Law School during the fall of 2012. He joined Brooklyn Law School from St. John's University School of Law, where he received a Dean's Teaching Award. Before teaching, he clerked for Judge John M. Walker Jr. of the U.S. Court of Appeals for the Second Circuit and practiced law at the American Civil Liberties Union and at Davis Polk & Wardwell. He was also a Fulbright Scholar at the University of Cape Town.
Vice President for Legal Affairs, Goldwater Institute
Biography
Timothy Sandefur is the Vice President for Legal Affairs at the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation and holds the Duncan Chair in Constitutional Government. He litigates to promote economic liberty, private property rights, free speech, and other crucial values in states across the country.
Timothy is the author of nine books, including most recently You Don’t Own Me: Individualism and the Culture of Liberty (2025), and Freedom’s Furies: How Isabel Paterson, Rose Wilder Lane, and Ayn Rand Found Liberty in an Age of Darkness (2022), as well as more than 50 scholarly articles on a wide variety of legal subjects. A frequent guest on radio and television, he is well known to radio audiences as “Tim the Lawyer” on The Armstrong & Getty Show, and his writings have appeared in Reason, National Review, The Weekly Standard, The Wall Street Journal, and The Objective Standard, where he is a contributing editor. He has taught classes at Pepperdine University, McGeorge School of Law, George Mason University’s Antonin Scalia Law School, and Arizona State University, where he held the 2023-24 Barry Goldwater Chair in American Institutions.
He is an Adjunct Scholar with the Cato Institute and is a graduate of Hillsdale College and Chapman University School of Law.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Owner and Chief Executive Officer, Coalmont Electrical Developme, Outsider Inside the Supreme Court: A Decisive First Amendment Battle
Biography
Shaun McCutcheon grew up in Vestavia Hills, Alabama, and received his Bachelor of Electrical Engineering degree from Georgia Institute of Technology in 1989. Shaun is a registered Professional Engineer in Alabama and still attending Georgia Tech occasionally for continuing education in order to obtain a Power Systems Certificate. After graduation, he worked for an electrical controls company, heading up a number of heavy industrial projects for paper, steel other process industries.
Mr. McCutcheon traveled extensively for 15 years installing motor drives and controls. In 1996, Shaun started his own electrical engineering company, Coalmont, in order to develop custom systems for customers needing upgrades and production improvements. Coalmont is now located in Tuscaloosa County and focuses primarily on difficult projects for the coal mining industry. Mr. McCutcheon’s group is also working on some new energy projects in Alabama for clean coal liquefaction and alternate energy conversion. Shaun specializes in controls and large horsepower energy conversion, both AC and DC.
Mr. McCutcheon is a member of IEEE and the NFIB and hopes to help create additional Alabama jobs with new mines and associated heavy industries such as wood products and automotive. He is a sponsor of the Young Republicans and Finance Director and an elected member of the Jefferson County Republican Executive Committee. He was elected to the Jefferson County Steering Committee, and is He is the chairman of Conservative Action Fund PAC. Mr. McCutcheon also sponsors several charities including Feed the Children.
