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2024 Iowa Supreme Court Term Review feat. Michael Boal
Iowa Lawyers Chapter
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Here are the latest events.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
Senior Fellow in Executive Power, Cato Institute
Molly Nixon is a senior fellow at the Cato Institute, where she focuses on the scope, use, and history of executive power as well as its limits under the Constitution. Molly was previously an attorney with Pacific Legal Foundation’s separation of powers practice, where she litigated cases challenging congressional delegations of legislative power and executive branch overreach. Before that, she served as an Attorney-Advisor at the Department of the Interior and as Legislative Counsel for Congressman Justin Amash.
Molly holds a J.D. from New York University School of Law and a B.A. in History and International Relations from Boston University. She clerked for the U.S. District Court for the District of Alaska and practiced law at a firm in New York City for several years before moving to Washington, D.C.
Attorney, Competitive Enterprise Institute
Devin Watkins is an attorney at the Competitive Enterprise Institute. Devin Watkins previously worked at the Cato Institute as a legal associate and interned at the Institute for Justice. At the Cato Institute, Watkins worked on a variety of Supreme Court cases, and one of the briefs he worked on was cited by the Court. His op-eds have appeared in National Review Online, The Hill, Time, and The Federalist among others.
Watkins holds a Juris Doctor cum laude from George Mason University's Antonin Scalia Law School, where he was the development editor on the Mason Law Review. Prior to his legal career Watkins was a senior software developer at Intel and WebMD. He graduated with a Bachelor of Science in Computer Science from Stevens Institute of Technology in Hoboken, New Jersey.
Watkins is a member of the Virginia State Bar, the District of Columbia Bar, the U.S. District Court for the District of Columbia Bar, and the U.S. Court of Appeals for the District of Columbia Circuit Bar.
Appellate Counsel, Theodore Cooperstein PLLC
Theodore Cooperstein currently is an appellate attorney in the boutique law firm of Theodore Cooperstein PLLC, available for criminal and civil appeals in both state and federal courts. A former career prosecutor with twenty five years of service in the US Department of Justice, he was an Assistant United States Attorney for the Southern District of Florida and the Southern District of Mississippi, and has served as a Military Intelligence Officer in the Army Reserves from 1989 to 2011, retiring with the rank of Lieutenant Colonel. During the Trump Administration, he was appointed and served as the General Counsel of the U.S. Office of Personnel Management. Prior to joining the Southern District of Florida, Mr. Cooperstein served as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Maryland. He previously had served as Counsel to the Deputy Attorney General at the Department of Justice, and as Assistant General Counsel in the FBI Office of the General Counsel.
A.B., Dartmouth College; J.D., Stanford University; LL.M., Comparative and International Law, Georgetown University Law Center; Masters of Strategic Studies, U.S. Army War College
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.
Jones Day, Partner
Yaakov Roth's goal is to strategically develop and effectively present the key legal arguments that will secure victory for clients through appellate advocacy and dispositive motions. He has represented clients in high-profile Supreme Court cases, argued appeals in the federal Courts of Appeals, and prepared motions to dismiss and for summary judgment across a range of substantive areas.
Yaakov's most recent Supreme Court experience includes vindicating former Virginia Gov. Bob McDonnell from political corruption charges, narrowing the geographic scope of private civil RICO lawsuits, and pursuing a major challenge to the Affordable Care Act from inception through high court review. At the appellate level, Yaakov's oral advocacy has included pressing a First Amendment challenge to an Ohio law prohibiting "false" campaign statements, seeking disclosure of a Justice Department policy manual concerning criminal discovery, and protecting the religious freedom rights of Death Row inmates. He has successfully defended his clients against defamation, antitrust, Title VII, and ERISA claims — including nationwide class actions — and pursued a host of challenges to federal, state, and local regulations. His ERISA experience also includes a series of withdrawal liability arbitrations and related litigation.
Yaakov speaks and writes about the Supreme Court and First Amendment issues and maintains an active pro bono practice centered around religious freedom and criminal justice.
Associate Dean for Research and Intellectual Life, McKnight Presidential Professor in Law, Distinguished McKnight University Professor, Harlan Albert Rogers Professor in Law, Associate Director, Corporate Institute, University of Minnesota Law School
Professor Kristin E. Hickman is the McKnight Presidential Professor in Law, a Distinguished McKnight University Professor, and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School. She also has taught at Harvard Law School and Northwestern University School of Law. Professor Hickman teaches and writes primarily in the areas of administrative law, tax administration, and statutory interpretation. Her articles on these topics have appeared in the Columbia Law Review, Cornell Law Review, Virginia Law Review, Duke Law Journal, and other publications. She also co-authors the Administrative Law Treatise with Richard J. Pierce, Jr., and a casebook on federal administrative law with Pierce and Christopher J. Walker. Her scholarly work has been cited several times in opinions of the United States Supreme Court as well as regularly in lower court judicial opinions and court briefs.
In 2018-19, Professor Hickman served as Special Adviser to the Administrator of the Office of Information and Regulatory Affairs in Washington, D.C. She presently serves as a Senior Fellow, and previously served as a public member and chair of the judicial review committee, for the Administrative Conference of the United States. She also is a Fellow of the American College of Tax Counsel.
Professor Hickman received her B.S. degree in business administration with a concentration in accounting and a secondary major in history from Trinity University in San Antonio, Texas. After practicing for several years as a certified public accountant, Professor Hickman earned her J.D. degree, magna cum laude, from Northwestern University School of Law, where she was awarded the Raoul Berger Prize and the Lowden Wigmore Prize for her scholarly writings. Following law school, Professor Hickman clerked for The Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and practiced law as an associate with the Chicago office of Skadden, Arps, Slate, Meagher & Flom, concentrating on corporate and international tax transactions and matters.
William R. Orthwein Distinguished Professor of Law, Washington University in St. Louis School of Law
Professor Ronald M. Levin is a nationally known scholar who specializes in administrative law and related public law issues. He is the co-author of a casebook on state and federal administrative law, now in its third edition, as well as a nutshell on administrative law and process, now in its fifth edition. Formerly the law school's associate dean, he has published numerous articles and book chapters on administrative law topics, including judicial review, rulemaking, and legislative reform of the regulatory process. He also has written about the law of legislation, lobbying, and legislative ethics. Among his professional affiliations, Professor Levin has chaired the ABA Section of Administrative Law and Regulatory Practice and served as the ABA's advisor to the drafting committee to revise the Model State Administrative Procedure Act. He also has chaired the Section on Administrative Law and the Section on Legislation of the Association of American Law Schools (AALS). Currently a public member of the Administrative Conference of the United States (ACUS), he previously served as a consultant to ACUS and to the Supreme Court of Indonesia. Before joining the law faculty, Professor Levin clerked for the Hon. John C. Godbold, U.S. Court of Appeals for the Fifth Circuit, and practiced for three years in Washington, D.C., with the firm of Sutherland, Asbill & Brennan.
Senior Litigation Counsel, New Civil Liberties Alliance
Mr. Vecchione is a Senior Litigation Counsel for the non-profit New Civil Liberties Alliance representing clients against the Administrative State. He was previously President and CEO of the non-profit Cause of Action Institute, also advancing the constitutional order. He practiced at a number of D.C. area firms, including the eponymous John J. Vecchione Law, PLLC. Mr. Vecchione focuses his practice on strategic litigation in the federal district and appellate courts, including the Supreme Court of the United States. He is an experienced trial and appellate advocate having tried cases and argued appeals across the country. He is a member of the bars of the State of New York, the District of Columbia, and the Commonwealth of Virginia, as well as the Supreme Court of the United States and many federal courts. His cases are reported in scores of published opinions. He has also published pieces advancing the freedom agenda and constitutional order in the Wall Street Journal, the Washington Times and many other forums. He lives in Virginia with his wife Rebecca, sons Tommy and Joe.
Internet Policy Counsel and Director of Appellate Litigation, TechFreedom
Corbin Barthold is TechFreedom's Internet Policy Counsel and Director of Appellate Litigation.
Corbin clerked for the Hon. Steven D. Merryday (M.D. Fla.) and the Hon. Robert H. Cleland (E.D. Mich.). After his clerkships, he became an associate, and later a partner, in the Los Angeles office of Browne George Ross LLP, where he engaged in high-stakes complex litigation. He then served as Senior Litigation Counsel at Washington Legal Foundation, a D.C. public-interest firm, where his practice focused on appeals involving administrative law, the separation of powers, antitrust, and tech policy.
Corbin received his J.D. from the University of California, Berkeley, School of Law. He also holds a B.A., magna cum laude and Phi Beta Kappa, from the University of California, San Diego, and an Msc., with distinction, from the London School of Economics.
Judge, U.S. District Court, Eastern and Western Districts of Missouri
Josh Divine was most recently the Solicitor General of Missouri, where he oversaw the office's appellate and special litigation divisions. As Solicitor General, Mr. Divine led Missouri's trial and appellate teams to some of its most significant victories. Mr. Divine was lead counsel in blocking $700 billion in student loan bailouts attempted by the federal government. He was lead counsel in obtaining a $25 billion judgment against China for antitrust violations. And he was lead counsel in successfully defending the Missouri law that prohibits gender transition interventions in minors, making Missouri the only state in the nation to prevail at trial against an equal protection challenge to one of these laws. In addition, Mr. Divine's work at the trial court in Missouri v. Biden (restyled Murthy v. Missouri) helped expose systemic violations of the First Amendment by the federal government, which the trial court found was unconstitutionally pressuring social media companies to suppress millions of free speech posts.
Before serving as Solicitor General, Mr. Divine was Chief Counsel to U.S. Senator Josh Hawley, where he oversaw all legal issues, managed matters related to the Judiciary Committee, and developed tech policy. Mr. Divine clerked on the Supreme Court for Justice Thomas and on the Eleventh Circuit for Judge William Pryor. He received a J.D. from Yale Law School and a Bachelor of Science degree in mathematics from the University of Northern Colorado. His recent legal scholarship has appeared in the Virginia Law Review and the Hastings Law Journal.
Legal Fellow, Center for Constitutional Studies, Cato Institute
Brent Skorup is a legal fellow in the Cato Institute’s Robert A. Levy Center for Constitutional Studies.
Before joining Cato, he was a senior research fellow at the Mercatus Center at the George Mason University. His research areas include free speech, technology law, Fourth Amendment protections, regulation, and property law. Skorup has published pieces in economics and law journals and in popular media, including The Wall Street Journal, The New York Times, Bloomberg Law, Reuters, and Wired. He’s appeared as a TV and radio interview guest for news outlets like C‑SPAN, NPR, CBS News, ABC News, and CNBC Asia.
The Pennsylvania Supreme Court, a dissenting opinion at the Illinois Supreme Court, and the ALI's Restatement of the Law of Property have cited his legal research and he has testified as a technology and legal expert in legislative hearings in several states. Skorup has been appointed to several federal and state advisory bodies and he is currently a member of the Texas Advanced Air Mobility Advisory Committee.
Skorup has a BA in economics from Wheaton College and a law degree from the George Mason University School of Law, where he was articles editor for the Civil Rights Law Journal. He was a legal clerk at the FCC’s wireless bureau and Office of General Counsel and at the Energy and Commerce Committee in the U.S. House of Representatives.
Litigation Counsel, New Civil Liberties Alliance
Jenin Younes is Litigation Counsel for the New Civil Liberties Alliance. Having always been a passionate advocate for individual liberties, Jenin spent the first part of her career as an appellate public defender, providing representation to indigent clients convicted of criminal offenses in New York City. In this capacity, she briefed and argued countless appeals in New York’s Appellate Division, Second Department, and several cases in the New York State Court of Appeals. She also represented individuals at civil hearings in trial court.
Jenin holds a B.A. from Cornell University and a J.D. from New York University School of Law.
Newton D. Baker-Baker & Hostetler Chair in Law, Moritz College of Law, The Ohio State University
Professor Douglas A. Berman is Newton D. Baker-Baker & Hostetler Chair in Law and Executive Director of the Drug Enforcement and Policy Center, housed in the Moritz College of Law. Berman’s principal teaching and research focus is in the area of criminal law and criminal sentencing, though he also has teaching and practice experience in the fields of legislation and intellectual property. He has taught Criminal Law, Criminal Punishment and Sentencing, Criminal Procedure – Investigation, Marijuana Law, Policy & Reform Seminar, Federal and State Clemency Decision-making, The Death Penalty, Legislation, Introduction to Intellectual Property, Second Amendment Seminar, and the Legislation Clinic.
Professor Berman attended Princeton University and Harvard Law School. In law school, he was an editor and developments office chair of the Harvard Law Review and also served as a teaching assistant for a Harvard University philosophy course. After graduation from law school in 1993, Professor Berman served as a law clerk for Judge Jon O. Newman and then for Judge Guido Calabresi, both on the United States Court of Appeals for the Second Circuit. After clerking, Professor Berman was a litigation associate at the law firm of Paul, Weiss, Rifkind, Wharton, and Garrison in New York City.
Professor Berman is the co-author of two casebooks. Sentencing Law and Policy: Cases, Statutes and Guidelines, published by Aspen Publishers, is now in its fifth edition. Marijuana Law and Policy was released by Carolina Academic Press in 2020. In addition to authoring numerous articles on topics ranging from capital punishment to the federal sentencing guidelines, Professor Berman has served as a managing editor of the Federal Sentencing Reporter for more than twenty five years, and also serves as an editor of the Ohio State Journal of Criminal Law.
Professor Berman is the sole creator and author of the widely-read and widely-cited blog, Sentencing Law and Policy. The blog often receives nearly 50,000 page views per month (and had over 20,000 hits the day of the Supreme Court’s major sentencing decision in United States v. Booker). Professor Berman’s work on the Sentencing Law and Policy blog, which he describes as a form of “scholarship in action,” has been profiled or discussed at length in articles appearing in the Wall Street Journal, Legal Affairs magazine, Lawyers Weekly USA, Legal Times, Columbus Monthly, and in numerous other print and online publications.
In addition, Sentencing Law and Policy has the distinction of being the first blog cited by the U.S. Supreme Court (for a document appearing exclusively on the site), and substantive analysis in particular blog posts has been cited in numerous appellate and district court rulings, in many briefs submitted to federal and state courts around the country, and in hundreds of law review articles.
Professor Berman is a member of the Council on Criminal Justice and frequently is consulted by national and state policymakers, sentencing commissioners, and public policy groups concerning sentencing law and policy reforms. He has testified before the U.S. House of Representatives and before numerous sentencing commissions. He also is frequently contacted by national and local media concerning sentencing and marijuana reform developments.
Professor Berman has appeared on national television, radio and podcast news programs and has been extensively quoted in newspaper articles appearing in nearly every major national paper and many local papers, including The New York Times, The Washington Post, The Wall Street Journal, Legal Times, and in pieces from the Associated Press, Reuters, and Knight-Ridder news services.
Professor Berman sometimes serves as a consultant to lawyers working on important or interesting sentencing cases. In most instances, Professor Berman’s consulting has been on an ad hoc and pro bono basis, and it usually involves a quick review of draft briefs and other court filings and then providing general advice on litigation strategies. On some occasions, however, Professor Berman has been formally retained to play a more sustained role in certain cases, including being retained by law firms to provide consulting service on various cutting-edge federal sentencing issues.
Senior Legal Fellow, the Meese Institute for the Rule of Law, Advancing American Freedom
Paul J. Larkin is a Senior Legal Fellow in the Meese Institute for the Rule of Law at Advancing American Freedom. Paul has held various positions in the federal and state governments throughout his career, such as being an attorney in the Organized Crime and Racketeering Section of the Criminal Division at the U.S. Department of Justice, an Assistant to the Solicitor General in the Office of the Solicitor General at the U.S. Department of Justice, Special Agent-in-Charge and Acting Director of the Criminal Investigation Division at the Environmental Protection Agency, and a member of the Parole Abolition and Sentencing Reform Commission and of the Juvenile Justice Reform Commission in the Office of Virginia Governor George Allen.
He has also worked at Verizon Communications and two law firms in Washington, D.C. His current research is principally in the fields of drug policy, criminal justice policy, and administrative law and policy. He has published numerous articles in law and public policy journals, both in print and online.
Professor of Psychobiology, Harvard Medical School; Department of Psychiatry, McLean Hospital
Bertha Madras, PhD is a Professor of Psychobiology at Harvard Medical School (Harvard faculty 40 years) She is based at McLean Hospital and cross-appointed at the Massachusetts General Hospital
Scientific Research. Dr. Madras’s translational and multidisciplinary research focuses on the neurobiology of addiction, neuropsychiatric disorders, and drug policy
Authorship. She is author of more than 500 scientific manuscripts, reviews, book chapters, abstracts. She also is co-editor of academic books including “The Cell Biology of Addiction”; “Effects of Drug Abuse on the Human Nervous System”; “Imaging of the Human Brain in Health and Disease”
Intellectual Property. Inventor, co-inventor on 19 issued U.S. patents and 27 issued international patents
Government, other Service
• 2018-present, National Academy of Medicine Opioid Collaborative. Member
• 2024. United Nations Office on Drugs and Crime. Panel on Consequences of Drug Use
• 2017. President’s Commission on Combating Drug Addiction and the Opioid Crisis. Appointed by President Trump as one of six Commission members: Gov. C. Baker (MA); Attorney General P. Bondi (FL); Gov. C. Christie, (Chair, NJ); Gov. R. Cooper (NC), Congressman P. Kennedy (RI), Prof. Madras (MA). She was charged with shepherding, writing major components of Report
• 2016. Vatican Pontifical Academy of Sciences. Panelist on Narcotics; co-author of final report
• 2014-2015. U.S. Department of Justice. Sole expert witness DoJ, on marijuana re-scheduling
• 2015. World Health Organization. Sole author of report commissioned by World Health Organization, “Update of Cannabis and its Medical Use”; co-author of “The Health and Social Effects of Nonmedical Cannabis Use
• 2014. National Football League (NFL). Member, Committee on prescription drugs
• 2006-2008. Deputy Director for Demand Reduction in the White House Office of National Drug Control Policy (ONDCP), Executive Office of the President; a presidential appointment confirmed with unanimous consent (99-0) by U.S. Senate
Educational Outreach
• 2023-2025 HARVARD X. Developer of course for parents on drug prevention
• 2001-. Cold Spring Harbor Laboratories. Developer, international course on Cell Biology of Addiction. Course is offered biannually to present
• 1991-2004. Museum of Science, Boston. Directed production of a museum exhibit, a CD (licensed by Disney) “Changing Your Mind: Drugs in the Brain” and play
• 1995. DEA-NIDA Museum Exhibit. Wrote draft of storyboard for exhibit, 1 Times Square, NYC, NY
• 1991-2005. Addiction biology. Developed, instructor 4th year HMS medical students
Honors, awards
• 2026: Barry Prize, American Academy of Sciences and Letters
• 2025: Asteroid 147703MADRAS named for BK Madras by the International Astronomical Union
• 2024: American Academy of Sciences and Letters, inductee
• Research and public service awards (partial list): NIDA Public Service Award, NIH MERIT Award, CPDD Innovator Award, American Academy of Addiction Psychiatry, Jack H. Mendelson Memorial Research Award, CPDD Fischman Award, Adler Distinguished Service Award, CADCA National Leadership Award, Nils Bejerot Award, others
• 2006: Better World Report designated her brain imaging invention as “one of 25 technology transfer innovations (university to industry) that changed the world”.
Her experiences in neuroscience research, drug addiction, education, government and public service offer a unique perspective at the intersection of science and public policy.