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Constitutional, Appellate, and Political Speech Lawyer
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Founder, Law Office of Eileen J. O'Connor PLLC
After nearly 30 years as a national tax specialist with the IRS and major accounting firms, Eileen J. O’Connor, now an attorney in private practice, was Assistant Attorney General for the Justice Department’s Tax Division for six years during the administration of President George W. Bush and a member of then-President-elect Trump’s Treasury Department Transition Team. She focuses on federal administrative and tax law.
President and CEO, Foundation for Individual Rights in Education (FIRE)
Greg Lukianoff is an attorney, New York Times best-selling author, and the President and CEO of the Foundation for Individual Rights in Education (FIRE). He is the author of Unlearning Liberty: Campus Censorship and the End of American Debate, Freedom From Speech, and FIRE’s Guide to Free Speech on Campus. Most recently, he co-authored The Coddling of the American Mind: How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure with Jonathan Haidt. This New York Times best-seller expands on their September 2015 Atlantic cover story of the same name. Greg is also an Executive Producer of Can We Take a Joke? (2015), a feature-length documentary that explores the collision between comedy, censorship, and outrage culture, both on and off campus, and of Mighty Ira: A Civil Liberties Story (2020), a feature-length film about the life and career of former ACLU Executive Director Ira Glasser.
Greg has been published in The New York Times, The Wall Street Journal, The Washington Post, Los Angeles Times, The Boston Globe, and numerous other publications. He frequently appears on TV shows and radio programs, including the CBS Evening News, The Today Show, and NPR’s Morning Edition. In 2008, he became the first-ever recipient of the Playboy Foundation’s Freedom of Expression Award, and he has testified before both the U.S. Senate and the House of Representatives about free speech issues on America’s college campuses.
Author and FoxNews.com Contributor
John R. Lott, Jr. is an economist who has held research and/or teaching positions at the University of Chicago, Yale University, Stanford, UCLA, Wharton, and Rice and was the chief economist at the United States Sentencing Commission during 1988 and 1989. He has published over 100 articles in academic journals. He also is the author of six books including More Guns, Less Crime, Freedomnomics, The Bias Against Guns, and Are Predatory Commitments Credible? He has just released another book entitled "Debacle: Obama's war on jobs and growth and what we can do now to regain our future." Lott is a FoxNews.com contributor and a weekly columnist for them. Opinion pieces by Prof. Lott have appeared in such places as The Wall Street Journal, The New York Times, The Los Angeles Times, the New York Post, USA Today, and The Chicago Tribune. He has appeared on such television programs as the ABC and NBC National Evening News broadcasts, Fox News, "The NewsHour with Jim Lehrer," and the "Today Show." He received his Ph.D. in economics from UCLA in 1984.
Dwight D. Opperman Professor of Law; Director, Center for Labor, New York University School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Prof. Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Prof. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
University Professor, Columbia Law School
Kent Greenawalt, an authority on constitutional law and legal philosophy, is a graduate of Columbia's School of Law, where he was a Kent Scholar and Editor-in-Chief of the Law Review. After graduation he clerked for Supreme Court Justice John M. Harlan and was an attorney for the Lawyers Committee for Civil Rights in Jackson, Miss., before joining the Columbia faculty in 1965. From 1966 to 1969, he served on the New York City Bar Association's civil rights committee. He was Deputy Solicity General in the Department of Justice in 1971-72 and served as chief reporter for the Revision of the Commentary of the Model Penal Code in the 1970s. In 1991 he was named University Professor, Columbia's highest academic honor and faculty rank, allowing him to cross departmental boundaries and teach in both the law school and department of philosophy. He was President of the American Society for Political and Legal Philosophy from 1991-93. He is the author of 13 books on jurisprudence as it relates to church and state, legal interpretation, discrimination, and freedom of speech.
He has been a visiting professor at Princeton University and has been a fellow several times at Clare Hall, Cambridge; All Souls College, University of Oxford; and the American Academy of Arts and Sciences.
Robert B. McKay Professor of Law, New York University School of Law
Stephen Schulhofer is one of the nation’s most distinguished scholars of criminal justice. He has written more than 50 scholarly articles and seven books, including the leading casebook in the field, and highly regarded, widely cited work on a range of criminal justice and national security topics. His most recent book More Essential Than Ever: The Fourth Amendment in the Twenty-First Century (Oxford University Press, 2012) is a comprehensive review and analysis of Fourth Amendment history, the Supreme Court’s constitutional methodology, current Fourth Amendment doctrine, and a wide range of contemporary problems concerning searches and seizures, electronic surveillance, and the intersection between national security needs and the right to privacy. Schulhofer’s scholarship has been distinguished by his simultaneous engagement with doctrinal analysis, criminal justice policy, and his own original empirical work. He has written on counterterrorism, police interrogation, rape law, administrative searches, drug enforcement, indigent defense, sentencing reform, plea bargaining, battered spouse syndrome, and many other criminal justice matters. His current projects include analyses of national security secrecy, the right to privacy in electronic communications, and an empirical study of the impact of counterterrorism policing on immigrant communities in New York and London. In addition, he currently serves as the reporter for the American Law Institute’s project to revise the sexual offense provisions of the Model Penal Code. Previously, Schulhofer was the Julius Kreeger Professor of Law and director of the Center for Studies in Criminal Justice at the University of Chicago Law School, and was the Ferdinand Wakeman Hubbell Professor of Law at the University of Pennsylvania Law School. He completed his BA at Princeton University and his JD at Harvard Law School, both summa cum laude. He then clerked for two years for US Supreme Court Justice Hugo Black and practiced law for three years before beginning his academic career
Professor, Regent University School of Law
Professor David Wagner teaches at the Regent University School of Law and has been doing so since 1998. Professor Wagner is the former Director of Legal Policy for the Family Research Council and also has written for several publications. He was an editorial writer for the Washington Times, and he has also appeared on several TV and Radio programs, among them Larry King Live and the Mary Matalin Show.
Partner and Co-Chair, Constitutional and Appellate Law Practice Group, Gibson, Dunn & Crutcher LLP
Allyson N. Ho is a partner in the Dallas office of Gibson, Dunn & Crutcher LLP and co‐chair of the Firm’s nationwide Appellate and Constitutional Law practice group.
Mrs. Ho is “undoubtedly one of the premier appellate lawyers in the United States” (Chambers). She has presented over 100 oral arguments in federal and state courts nationwide, including multiple high‐stakes cases on behalf of business before the U.S. Supreme Court.
Her most significant winning arguments include a U.S. Supreme Court reversal worth billions of dollars for unionized employers in the Sixth Circuit; a U.S. Supreme Court reversal limiting the power of federal regulators; a multi‐billion dollar environmental win in the Fifth Circuit; a multi‐billion dollar commercial victory for the founder of a technology company in the Appellate Division of the New York Supreme Court; a billion dollar environmental win in the Houston Court of Appeals; a nine‐figure commercial victory in the Corpus Christi Court of Appeals; and a nine‐figure arbitration win in the Fifth Circuit.
Among her numerous accolades, Mrs. Ho is one of only a small group of appellate lawyers nationwide, and the only one in Texas, to be nationally ranked by Chambers every year for the past ten years (2012‐21). She is also one of the few appellate lawyers nationwide to be named to the BTI Client Service All‐Stars List, an honor bestowed by the corporate counsel community for lawyers “who stand above all the others in delivering the absolute best in client service.” She is also routinely named as a leading appellate lawyer by Benchmark, The Best Lawyers in America®, The Legal 500, Texas Super Lawyers, and D Magazine.
Mrs. Ho has received the Gregory S. Coleman Outstanding Appellate Lawyer Award (Texas Bar Foundation, June 22, 2018), been named a “Distinguished Leader” (Texas Lawyer, Sep. 1, 2017) and “Appellate MVP” (Law360, Nov. 23, 2015), and been recognized on the “Appellate Hot List” (National Law Journal, Nov. 16, 2015). In addition, she has been profiled in “Texas Powerhouse” (Law360, Aug. 2, 2021), “Texas Appellate Power Couple” (Texas Lawbook, January 7, 2021), “Litigators of the Week” (The American Lawyer, May 8, 2020), “Litigation Powerhouse” (Law360, Aug. 10, 2016), “Supreme Court Insider” (National Law Journal, July 21, 2016), “Supreme Court Specialists, Mostly Male, Dominated Arguments This Term” (National Law Journal, May 11, 2016), “Attorney of the Year Finalist” (Texas Lawyer, Nov. 2, 2015), “Litigation Department of the Year” (Texas Lawyer, June 1, 2015), “Employment Group of the Year” (Law360, Jan. 13, 2015), “A Supreme Month: Lawyer Credits Preparedness in Ability to Argue Two U.S. High Court Cases in Three Weeks” (Texas Lawyer, Dec. 8, 2014), “High Court Debuts for Two Lawyers” (National Law Journal, Nov. 3, 2014), “Women in Business Awards” (Dallas Business Journal, Aug 29, 2014), “Litigation Departments of the Year” (Texas Lawyer, June 2, 2014), “Winning Women” (Texas Lawyer, Aug. 22, 2011), and “High court practitioners: increasingly diverse” (National Law Journal, June 6, 2011).
Federal and State Appellate Practice
Mrs. Ho has argued a series of high stakes, landmark cases on behalf of the business community before the U.S. Supreme Court. National Law Journal called her a “Veteran SCOTUS Advocate” in the “upper echelons of Supreme Court practice.” Law360 named her a “Supreme Court Star” and “one of the nation’s preeminent appellate lawyers.” And EmpiricalSCOTUS.com ranked her among “the most successful attorneys that currently practice before the Court.” Mrs. Ho once argued two significant business cases before the Court within the span of 21 days—including a “significant ruling for employers” that “paved a new path for companies paying millions of dollars in retiree health care benefits” (Law360), as well as a landmark administrative law dispute in which “several justices agreed with Ho’s contention that SCOTUS should revisit and overrule its own precedent” (Law360). She also prevailed against the EEOC in a case that the employment defense bar called “good news for employers across the country.” And in “the most important patent case in modern history” according to patent law experts, her argument before the Court was credited for “pick[ing] up two votes that pundits thought unreachable.”
She has appeared before every federal court of appeals in the country, including en banc arguments before the Fourth and Sixth Circuits. She has successfully represented business clients in every circuit, including the First (Pruco Life Insurance Company), Second (Swiss Federation; Rite Aid), Third (Johnson & Johnson), Fourth (Genex Services), Fifth (United Space Alliance LLC; Elliott Co.; MERSCORP; 24 Hour Fitness USA, Inc.; Stream Energy; Health Management Systems), Sixth (Deutsche Bank; American Airlines; M&G Polymers), Seventh (Expedia), Eighth (Cotter), Ninth (Boeing; JP Morgan Chase Bank), Tenth (Mitchell International), Eleventh (AstraZeneca), D.C. (FedEx), and Federal (Repros Therapeutics) Circuits.
In addition, Mrs. Ho regularly appears in state appellate courts across the country. She has argued numerous cases in the Texas Supreme Court, Texas appellate courts in Dallas, Houston, San Antonio, Corpus Christi, and Eastland, and state appellate courts in Arizona, Michigan, New York, Ohio, Oklahoma, and West Virginia, prevailing on behalf of Ford Motor Company, PepsiCo, International Paper, Tenet, GameStop, Deutsche Bank, and Unit.
Government and Public Service Experience
Mrs. Ho has a distinguished record of experience at the highest levels of the federal government. She served as Special Assistant to President George W. Bush, Counselor to Attorney General John Ashcroft, and law clerk to Justice Sandra Day O’Connor of the U.S. Supreme Court and Judge Jacques L. Wiener Jr. of the U.S. Court of Appeals for the Fifth Circuit.
Her record of public service also includes appointments to various boards and commissions. Among the most notable are her election as a member of the Administrative Conference of the United States, a trustee of the United States Supreme Court Historical Society, and a trustee of the Texas Supreme Court Historical Society. She is also vice chair of the Federal Judicial Evaluation Committee, appointed by U.S. Senators John Cornyn and Ted Cruz to evaluate potential appointments of all federal judges and U.S. Attorneys in Texas, and has previously served on the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas.
Other Background Information
An active pro bono litigator, Mrs. Ho works most frequently with the First Liberty Institute and as amicus counsel for the State and Local Legal Center, the National Organization for Victim Assistance, and the National Crime Victim Law Institute. She is a frequent public speaker and active member of the Federalist Society, the American Law Institute, and the Washington Legal Foundation’s Legal Policy Advisory Board.
Mrs. Ho graduated from Duke University magna cum laude with a B.A. in English, Rice University with an M.A. and Ph.D. in English Literature, and the University of Chicago Law School with high honors. She was a member of the Law Review and Order of the Coif. She and her husband Jim, a federal judge, have a twin daughter and son.
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
