Doug Bandow is a senior fellow at the Cato Institute, specializing in foreign policy and civil liberties. He worked as special assistant to President Reagan and editor of the political magazine Inquiry. He writes regularly for leading publications such as Fortune magazine, National Interest, Wall Street Journal, and Washington Times. Bandow speaks frequently at academic conferences, on college campuses, and to business groups. Bandow has been a regular commentator on ABC, CBS, NBC, CNN, Fox News Channel, and MSNBC. He holds a J.D. from Stanford University.
Vice President and Director of Litigation, EdChoice
Biography
Thomas M. Fisher served as a Deputy Attorney General for 22 years and as Indiana’s first Solicitor General from 2005-2023. In that role he handled high profile litigation for the State, defended state statutes against constitutional attack, advised the Attorney General on a range of legal policy issues, and managed the State’s U.S. Supreme Court docket. A two-time recipient of the National Association of Attorneys General Best Brief Award, Fisher has argued five times before the High Court.
His U.S. Supreme Court experience also includes authorship of dozens of cert-stage and merits-stage amicus curiae briefs on a wide range of issues. In addition, Fisher has argued dozens of important and high-profile cases before both the Indiana Supreme Court and the Seventh Circuit U.S. Court of Appeals. Fisher is a Fellow of the American Academy of Appellate Lawyers and was recently named a Sagamore of the Wabash by Governor Eric Holcomb.
A native Hoosier, Fisher is a graduate of Wabash College and Indiana University Maurer School of Law, where he serves as an Adjunct Professor of Law.
Distinguished Professor and Lawrence A. Jegen III Professor, Indiana University Robert H. McKinney School of Law
Biography
Gerard N. Magliocca is a Distinguished Professor and the Lawrence A. Jegen III Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of five books on constitutional law. His next book will be about Justice Robert Jackson’s landmark concurring opinion in Youngstown Sheet and Tube Company v. Sawyer. His biography of Justice Bushrod Washington won the Erwin N. Griswold Prize from the Supreme Court Historical Society.
Professor Magliocca received his undergraduate degree from Stanford and his law degree from Yale. He joined the faculty in 2001 after two years as an attorney and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. In 2008, Professor Magliocca held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was a Fellow at the Washington Library at Mount Vernon from 2019-2021.
Brian J. Paul is an appellate lawyer and leads law teams in high-stakes commercial litigation. He has briefed and argued everything from weighty abstract constitutional issues to dollars-and-cents business issues and everything in-between, both on appeal and in trial courts around the country. A member of the American Law Institute, recent past-president of the Seventh Circuit Bar Association and top-tier ranked Chambers appellate lawyer, Brian had one client say about him: “Brian is one of the most respected and skilled appellate lawyers, not only in Indianapolis but across the country. He is trusted to deliver timely guidance on complex issues.” Another said: “He is excellent. I enjoyed working with him. He is able to put things into layman’s terms and explains things really well. His written and oral advocacy are short, crisp and to the point.”
Clients hire Brian to digest the complex, and make the complex simple and compelling for busy, generalist judges. In his writing, he strives to cut through jargon and legalese, and distill things down to what’s important. In his oral advocacy, by intense preparation, he strives to be the advocate whom judges trust for the right answers. In the dozens of cases he has argued, Brian has helped clients win on both sides of the “v.” His recent representations include:
AXIS Ins. Co. v. Am. Specialty Ins. & Risk Servs., No. 23-1698, 2024 WL 3665333, ___ F.4th ___ (7th Cir. Aug. 6, 2024). Representing AXIS Insurance Co., Brian obtained a reversal of an adverse summary judgment ruling in a case holding that the parties' indemnification contract neither expressly nor impliedly obligated the indemnitee to tender a defense to the indemnitor before settling claims against the indemnitee.
Circle City Broad. I, LLC v. AT&T Servs., Inc., 99 F.4th 378 (7th Cir. 2024). Representing AT&T Services, Inc., and DirectTV, LLC, Brian successfully defended a favorable summary judgment ruling in a case involving alleged discrimination in contracting under 42 U.S.C. § 1981 holding that the plaintiff failed to demonstrate that a jury could reasonably find that the defendants' decision not to pay broadcast retransmission fees for the rights to carry two Indianapolis-based television stations reflected anything other than lawful business choices responsive to dynamics of the television broadcast market.
Wells v. Freeman Co., 94 F.4th 608 (7th Cir. 2024). Representing The Freeman Company, Brian successfully defended a favorable summary judgment ruling in a Title VII case holding that the plaintiff could not sue for sexual harassment because she was not the company’s employee, but instead an independent contractor.
Mellowitz v. Ball State Univ., 221 N.E.3d 1214 (Ind. 2023). Representing Ball State University, Brian successfully defended the constitutionality of a state law that barred class actions seeking refunds of tuition and fees based on the university’s cancellation of in-person classes due to the COVID-19 pandemic.
Klaassen v. Trustees of Indiana Univ., 7 F.4th 592 (7th Cir. 2021) and Klaassen v. Trustees of Indiana Univ., 24 F.4th 638 (7th Cir. 2022). Representing Indiana University, Brian successfully defended the constitutionality of the school’s COVID vaccine mandate policy.
Nat’l Collegiate Athletic Ass’n v. Finnerty, 191 N.E.3d 211 (Ind. 2022). Representing the NCAA, Brian secured the reversal of a discovery ruling that would have allowed high-ranking executives to be deposed without any consideration of their unique role in the organization.
Westwood One Radio Networks, LLC v. Nat’l Collegiate Athletic Ass’n, 172 N.E.3d 294 (Ind. Ct. App. 2021). Representing the NCAA, Brian successfully beat back a request for an injunction preventing the Association from terminating an exclusive radio broadcast agreement.
Reid Hosp. & Health Care Servs., Inc. v. Conifer Revenue Cycle Sols., LLC, 8 F.4th 642 (7th Cir. 2021). Representing Reid Hospital & Health Care Services, Brian secured the reversal of a summary judgment ruling that denied the hospital the ability to seek tens of millions of dollars in compensation for breach of a revenue collection services contract.
Delgado v. U.S. Dep’t of Just., 979 F.3d 550 (7th Cir. 2020). Representing an agent of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Brian obtained the reversal of an agency decision that declined to force an investigation into whether the agent had been retaliated against and denied promotions, in violation of the Whistleblower Protection Act, for reporting his suspicions that another agent had testified falsely during a federal criminal trial.
River Ridge Dev. Auth. v. Outfront Media, LLC, 146 N.E.3d 906 (Ind. 2020). Representing River Ridge Development Authority, Brian got a reversal of a six-figure attorney’s fees award.
Indiana Off. of Util. Consumer Couns. v. S. Indiana Gas & Elec. Co., 200 N.E.3d 915 (Ind. 2023). Representing the Indiana Energy Association as amicus curiae (friend of the court), Brian helped secure the reversal of a lower appellate court ruling that misinterpreted a statute governing customer credits for excess distributed generation of electricity.
Duke Energy Indiana, LLC v. City of Noblesville, 234 N.E.3d 173 (Ind. 2024). Representing the Indiana Energy Association as amicus curiae, Brian helped secure the reversal of a lower appellate court ruling in a case holding that only the Indiana Utility Regulatory Commission can decide whether a city ordinance implicating a public-utility function is unreasonable.
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Biography
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Biography
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
The Honorable Robert S. Smith (Ret.) is head of the firm’s appellate practice, and focuses on trials and appeals. Judge Smith joined Friedman Kaplan following his retirement as Associate Judge of the New York State Court of Appeals, New York’s highest court, where he served for more than a decade. During his time on the bench, he wrote scores of opinions and became well known for his judicial scholarship, insight, and intellectual rigor.
Prior to his time on the Court of Appeals, Judge Smith practiced law in New York City, and was a partner with Paul, Weiss, Rifkind, Wharton & Garrison for over 25 years. He has argued dozens of appeals before the federal and New York appellate courts, and two appeals before the United States Supreme Court. His trial experience in complex commercial cases is also extensive. He is a Fellow of the American College of Trial Lawyers.
Since joining Friedman Kaplan, Judge Smith has been active primarily in appeals, trial-level commercial litigation, expert witness testimony, and alternative dispute resolution.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Biography
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.