The Administrative State: Friend or Foe?
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Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Solicitor General, Montana Attorney General's Office
Christian is currently Solicitor General of Montana, where he serves as the chief litigator and principal legal advisor to Montana Attorney General Austin Knudsen. In that capacity, he manages litigation before the federal district courts, courts of appeal, and the United States Supreme Court, as well as the Montana Supreme Court. He previously served in the Trump Administration as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education. Prior to government service, he was a public interest constitutional litigator at Mountain States Legal Foundation and a fellow at the Institute for Justice. He clerked for Justice Caleb Stegall on the Kansas Supreme Court. He also served as Director of Publications for the Federalist Society's national headquarters.
Christian earned his B.A. in Political Science in 2009 from the University of Pennsylvania before attending the University of Kansas School of Law. Christian is admitted to practice law in Kansas and Montana. A Kansas native, he is a die-hard fan of the Kansas Jayhawks, Kansas City Chiefs, and Kansas City Royals.
Christian is a member of the Federalism & Separation of Powers Practice Group's Executive Committee.
Deputy Assistant Attorney General, U.S. Department of Justice
Eric Hamilton serves as the Deputy Assistant Attorney General for the Federal Programs Branch of the Civil Division. He previously served as the Solicitor General for the State of Nebraska and as an Assistant Solicitor General in the Texas Attorney General’s Office. During the first Trump Administration, Eric worked as an Associate Counsel to the President in the Office of White House Counsel. Earlier in his career, he was in private practice in Washington, D.C. and clerked for Judge Thomas M. Hardiman on the U.S. Court of Appeals for the Third Circuit.
Eric is a graduate of Stanford Law School, where he served on the Stanford Law Review. He holds an undergraduate degree from the University of Nebraska-Lincoln.
Solicitor General, Iowa Office of the Attorney General
Eric Wessan serves as Iowa’s Solicitor General in the Iowa Attorney General’s Office. In that
role, Wessan leads Iowa’s litigation before State and federal appellate courts, including the Iowa
and U.S. Supreme Courts. Before that role, Wessan worked on complex commercial litigation at
two large law firms in Chicago. Wessan also served as a law clerk for the Honorable James C.
Ho on the U.S. Court of Appeals for the Fifth Circuit and for the Honorable John F. Kness on the
U.S. District Court for the Northern District of Illinois. Wessan is a graduate of the University of
Chicago Law School, with honors, and of the University of Chicago.
Partner, Steptoe & Johnson LLP
Stewart Baker is a partner in the law firm of Steptoe & Johnson in Washington, D.C. From 2005 to 2009, he was the first Assistant Secretary for Policy at the Department of Homeland Security. His law practice covers cybersecurity, data protection, homeland security, and travel and foreign investment regulation; he has been awarded one patent.
Mr. Baker has been General Counsel of the National Security Agency and General Counsel of the commission that investigated WMD intelligence failures prior to the Iraq war. He is the author of Skating on Stilts, a book on terrorism, cybersecurity, and other technology issues; he also hosts the weekly Cyberlaw Podcast.
Professor of Law, Michigan State University (currently serving as FCC General Counsel)
Professor Candeub joined the MSU Law faculty in fall 2004. He is also a Fellow with MSU's Institute of Public Utilities. Prior to joining MSU, he served as an advisor at the Federal Communications Commission (FCC). From 1998 to 2000, Professor Candeub was a litigation associate for the Washington D.C. firm of Jones, Day, Reavis & Pogue and also has served as a corporate associate with Cleary, Gottlieb, Steen & Hamilton, also in Washington, D.C. Immediately following law school, he clerked for Chief Judge J. Clifford Wallace, U.S. Court of Appeals for the Ninth Circuit. While in law school, Professor Candeub was an articles editor for the University of Pennsylvania Law Review.
Professor Candeub's scholarly interests focus on the law and regulation of communications, internet, technology. His numerous law review articles and scholarly papers have placed him at the center of legal and policy controversies, and he often writes for popular outlets such as the Wall Street Journal and US News. Federal courts, including the U.S. Supreme Court, have cited and relied upon his work.
He joined the Trump administration in 2019 as Deputy Assistant Secretary of Commerce for Telecommunications and Information and assumed the role of Acting Assistant Secretary. He later joined the Department of Justice as Deputy Associate Attorney General.
Professor Candeub is a senior fellow at the D.C.-based Center of Renewing America.
Partner, Stris & Maher LLP, Fellow, Constitutional Law Center, Stanford Law School
Matthew A. Seligman is a lawyer and legal scholar based in Los Angeles, California and Washington, D.C. His academic research focuses on election law, with a particular emphasis on disputed presidential elections. He is a partner at Stris & Maher LLP and a fellow at the Constitutional Law Center at Stanford Law School. His broader research interests span constitutional law, federal courts, contracts, and private law theory.
His scholarship has appeared in the Stanford Law Review, the Michigan Law Review, the Vanderbilt Law Review, Philosophy and Public Affairs, and elsewhere. His work on disputed presidential elections has received extensive coverage in the New York Times, the Washington Post, and dozens of other venues. He is a frequent commentator on election law issues, including numerous appearances on CNN, MSNBC, and other news channels.
He was previously a Climenko Fellow and Lecturer on Law at Harvard Law School, a Fellow at the Center for Private Law at Yale Law School, and a Visiting Assistant Professor at the Benjamin N. Cardozo School of Law.
Prior to his academic appointments, he practiced Supreme Court litigation at a boutique litigation firm in Washington, D.C. He clerked for the Honorable Douglas H. Ginsburg on the United States Court of Appeals for the District of Columbia Circuit.
He received a J.D. from Stanford Law School; a Ph.D. in philosophy from New York University, focusing on political and moral philosophy; an M.A. in philosophy from Stanford, and dual undergraduate degrees in mathematics and philosophy from Stanford.
Vice President and Director of Litigation, EdChoice
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.
Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice
T. Elliot Gaiser is the Office of Legal Counsel’s 27th Assistant Attorney General. He was nominated by President Donald Trump on April 29, 2025, confirmed by the United States Senate on July 30, 2025, and sworn in as AAG by Attorney General Pam Bondi on August 4, 2025.
Prior to joining the Office of Legal Counsel, Mr. Gaiser served as the 11th Solicitor General of Ohio. In that role, he represented his home state and its agencies before the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, the Supreme Court of Ohio, and other state and federal courts. He also advised Ohio Attorney General Dave Yost on significant legal and constitutional matters important to the people of Ohio.
Mr. Gaiser clerked for Justice Samuel A. Alito, Jr. of the Supreme Court of the United States, Judge Neomi Rao of the United States Court of Appeals for the D.C. Circuit, and Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit. In the private sector, Mr. Gaiser worked at the law firms Jones Day, Boyden Gray, and Gibson Dunn. He graduated from the University of Chicago Law School and Hillsdale College. He is also a husband and father.
Solicitor General of Missouri
Lou Capozzi is the Solicitor General of Missouri. In that role, he oversees all appeals for the State of Missouri. He is also the Director of Special Litigation and litigates high-stakes cases at trial.
Lou previously worked at Jones Day, where he specialized in administrative and election law. At Jones Day, he helped lead a six-week bench trial in federal court, during which he cross-examined important expert and fact witnesses, delivered closing argument, asserted evidentiary objections, and argued several motions, including a motion for a directed verdict. He has also authored briefs at all phases of litigation--from evidentiary motions to dispositive motions and appeals.
Lou is also Lecturer in Law at the University of Pennsylvania Carey Law School and a Public Member of the Administrative Conference of the United States. He has published several academic articles focusing on administrative law.
Lou clerked for Justice Neil Gorsuch at the United States Supreme Court in the 2021 Term, as well as for Judges J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit and Anthony Scirica of the United States Court of Appeals for the Third Circuit. He gradated as the valedictorian from the University of Pennsylvania Law School in 2019.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
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.
Vice President and Director of Litigation, EdChoice
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.
Harry Kalven, Jr. Professor of Law & Faculty Director, Constitutional Law Institute, University of Chicago Law School
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.
Judge, United States District Court, District of Columbia
Judge Trevor N. McFadden was appointed to the United States District Court for the District of Columbia in 2017. He received his B.A. in 2001 from Wheaton College, IL, magna cum laude. In 2006, he received his J.D. from the University of Virginia School of Law, where he graduated Order of the Coif and was an editor for the Virginia Law Review.
Following graduation from law school, Judge McFadden clerked for Judge Steven Colloton, U.S. Court of Appeals for the Eighth Circuit. He then joined the U.S. Department of Justice, where he served as Counsel to the Deputy Attorney General and as Assistant U.S. Attorney in the District of Columbia. Judge McFadden subsequently became a partner at Baker & McKenzie LLP in Washington, DC, where he focused on white collar investigations. He is also co-author of a treatise, Corporate Settlement Tools: DPAs, NPAs, and Cooperation Agreements.
After four years in private practice, Judge McFadden returned to the U.S. Department of Justice, where he was Deputy Assistant Attorney General and acted as the second-in-command of the Department's Criminal Division. As Deputy Assistant Attorney General, he managed the Division's Fraud and Appellate Sections.
Judge McFadden also has extensive experience in law enforcement. He served as an officer with the Fairfax County, VA, Police Department and as a deputy sheriff in Madison County, VA.
Solicitor General, Montana Attorney General's Office
Christian is currently Solicitor General of Montana, where he serves as the chief litigator and principal legal advisor to Montana Attorney General Austin Knudsen. In that capacity, he manages litigation before the federal district courts, courts of appeal, and the United States Supreme Court, as well as the Montana Supreme Court. He previously served in the Trump Administration as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education. Prior to government service, he was a public interest constitutional litigator at Mountain States Legal Foundation and a fellow at the Institute for Justice. He clerked for Justice Caleb Stegall on the Kansas Supreme Court. He also served as Director of Publications for the Federalist Society's national headquarters.
Christian earned his B.A. in Political Science in 2009 from the University of Pennsylvania before attending the University of Kansas School of Law. Christian is admitted to practice law in Kansas and Montana. A Kansas native, he is a die-hard fan of the Kansas Jayhawks, Kansas City Chiefs, and Kansas City Royals.
Christian is a member of the Federalism & Separation of Powers Practice Group's Executive Committee.
Deputy Assistant Attorney General, U.S. Department of Justice
Eric Hamilton serves as the Deputy Assistant Attorney General for the Federal Programs Branch of the Civil Division. He previously served as the Solicitor General for the State of Nebraska and as an Assistant Solicitor General in the Texas Attorney General’s Office. During the first Trump Administration, Eric worked as an Associate Counsel to the President in the Office of White House Counsel. Earlier in his career, he was in private practice in Washington, D.C. and clerked for Judge Thomas M. Hardiman on the U.S. Court of Appeals for the Third Circuit.
Eric is a graduate of Stanford Law School, where he served on the Stanford Law Review. He holds an undergraduate degree from the University of Nebraska-Lincoln.
Solicitor General, Iowa Office of the Attorney General
Eric Wessan serves as Iowa’s Solicitor General in the Iowa Attorney General’s Office. In that
role, Wessan leads Iowa’s litigation before State and federal appellate courts, including the Iowa
and U.S. Supreme Courts. Before that role, Wessan worked on complex commercial litigation at
two large law firms in Chicago. Wessan also served as a law clerk for the Honorable James C.
Ho on the U.S. Court of Appeals for the Fifth Circuit and for the Honorable John F. Kness on the
U.S. District Court for the Northern District of Illinois. Wessan is a graduate of the University of
Chicago Law School, with honors, and of the University of Chicago.
Partner, Friedland Cianfrani LLP
Mike has three decades of IP enforcement experience. He has represented clients in more than 270 intellectual property cases in state and federal courts in California and 23 other states and before the Trademark Trials and Appeals Board.
Mike’s practice includes patent, trademark, trade secret, and copyright cases. His cases have spanned a wide range of industries and technologies, including consumer products, semiconductors, tactical products, medical devices, computer software, apparel, restaurants, and financial services. He has represented brand-name companies including Oakley, Luxottica, Tesla, 5.11 Tactical, ITT, Makita, Pacific Life Insurance Company, Carl’s Jr., Microsemi, NASCAR, Daytona International Speedway, Game Show Network, Razor, Volcom, Specialized Bicycle, Mexicana Airlines, and SRS Labs, among others.
Mike was a partner at Knobbe Martens for more than two decades. At Knobbe, Mike served as co-chair of the Litigation Department. He had previously served as co-chair of the Trademark/Brand Protection group and the Consumer Products practice group.
World Trademark Review 1000 has several times named Mike a “Leading Trademark Lawyer." In the 2022 edition, WTR 1000 commended him for his “advanced state of preparedness,” and included a client remark that, “there’s nothing he hasn’t seen.”
In the 2021 edition, WTR described him as a “backbone of [his former firm's] litigation practice,” and noted his ability to litigate “cases associated with all categories of IP rights.”
In the 2020 edition, WTR described him as having been “on the cutting edge of enforcement for three decades.” In that edition, a client said he was “a sophisticated and thoughtful professional who understands how to get things done.”
In 2023, Legal 500 named Mike to its list of preeminent patent litigators. Thompson/Reuters has regularly named him a “Southern California Super Lawyer” in the category of IP litigation since 2004.
He frequently speaks on intellectual property litigation subjects, including to the AIPLA, OCBA, OCIPLA, LAIPLA, ABA, ACC, INTA, Harvard Law School Association, Harvard Business School Association, MIT Alumni Association, and the Federalist Society. Mike’s articles on IP subjects have been featured in publications including American Marketer, Luxury Roundtable, IP Watchdog, Law 360, IP 360, The Trademark Lawyer, The Los Angeles Daily Journal, The Recorder, ABA Landslide, Orange County Business Journal, Engage, and Stanford Technology Review.
Mike has taught as an adjunct professor at Whittier School of Law and served as a JAG with the California State Military Reserve. For 16 years, he served as a Reserve Deputy with the Orange County Sheriff’s Department, retiring as a Lieutenant.
Mike serves on the Harvard Law School Association’s Senior Advisory Committee, is a board member of the Federal Bar Association of Orange County, and the vice-chair of the Executive Committee of the Federalist Society's Intellectual Property Practice Group. He is a former member of Law360's Intellectual Property Editorial Board, a former member and former Secretary of the Harvard Law School Association's Executive Committee, and a former president of the Harvard Law School Association of Orange County.
Judge, U.S. District Court for the Central District of California
John W. Holcomb is a U.S. District Judge for the Central District of California, Southern Division, in Santa Ana, California. Judge Holcomb was nominated for that position by President Donald J. Trump in November 2019 and was confirmed by the U.S. Senate in September 2020.
Judge Holcomb earned his S.B. in civil engineering from the Massachusetts Institute of Technology in 1984. For the next five years, Judge Holcomb served as a commissioned officer in the United States Navy, including assignments aboard the battleship U.S.S. New Jersey (BB62) and with the Joint Staff at the Pentagon. In 1993, Judge Holcomb received his M.B.A. from Harvard Business School and his J.D., cum laude, from Harvard Law School. Judge Holcomb then served as a law clerk for Judge Ronald Barliant of the U.S. Bankruptcy Court for the Northern District of Illinois.
Thereafter, Judge Holcomb joined Irell & Manella LLP as an associate, practicing bankruptcy law and general civil litigation. In 1997, Judge Holcomb joined the intellectual property law firm of Knobbe, Martens, Olson & Bear, LLP, and he was elevated to partner in 2002. As a partner at Knobbe Martens, Judge Holcomb participated in several speaking engagements regarding the intersection of intellectual property and bankruptcy law. In 2014, Judge Holcomb co-authored the chapter on U.S. Law in Licenses and Insolvency, A Practical Guide to the Effects of Insolvency on IP License Agreements, which was published by the International Bar Association. Judge Holcomb retired from Knobbe Martens in 2018, and he briefly practiced as a bankruptcy and litigation sole-practitioner before joining the firm Greenberg Gross LLP as a partner in 2019.