Welpton & Wise Professor of Law, University of Nebraska College of Law
Biography
Professor Rick Duncan is the Welpton & Wise Professor of Law at the University Of Nebraska College Of Law. He is a graduate of the Cornell Law School and served as an editor of the Cornell Law Review. He teaches Constitutional Law with a special emphasis on the law of religious freedom, free speech, and federalism. Duncan has written numerous books, articles, and commentaries on a wide variety of legal topics. His recent publications include an article on Justice Scalia’s legacy, another on Kermit Gosnell and Roe v. Wade, a piece on the Electoral College and Federalism, a 2019 piece on Masterpiece Cakeshop and the First Amendment, and three recent articles on the “no compelled speech” doctrine as a First Amendment defense against authoritarianism and tyranny. His most recent article, on School Choice and the First Amendment, will be published in 2023 in Case Western Law Review. He is also the co-author of a book on Secured Transactions under Article 9 of the UCC. He served as Chairman of the Nebraska Advisory Committee to the U.S. Commission on Civil Rights during the Reagan Administration. He also loves to speak at Federalist Society meetings around the country on life, liberty, and the pursuit of federalism.
Duncan has five children, five grandchildren, and a wonderful wife who help him pursue happiness. He loves lifting weights (particularly going heavy on the incline bench press), attending Broadway musicals and plays, including Hamilton: An American Musical which he has seen 12 times (possibly a Nebraska record). He regularly reads both the Bible and the New York Times because it is important to keep up with what both sides have to say. He loves following major league baseball, especially the San Diego Padres. And his favorite legal aphorism is “first come rights then comes government to secure those rights.”
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
Biography
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
Associate Professor of Government; Pre-Law Advisor, Patrick Henry College
Biography
Dr. Jesse Merriam has a Ph.D. in judicial politics and legal theory from Johns Hopkins University, a separate M.A. in philosophy from Johns Hopkins University, and a J.D. from The George Washington University Law School.
Dr. Merriam is an associate professor of Government at Patrick Henry College, where he is the pre-law advisor and teaches courses in constitutional law, legal theory, and logic. Before coming to Patrick Henry College, he served for six years as an assistant professor of political science and the pre-law advisor at Loyola University Maryland. He also worked as an appellate litigator at a D.C. constitutional law firm and as a research associate at the Pew Research Center's Forum on Religion & Public Life.
He has published over a dozen academic articles in top law-review and peer-reviewed journals, covering such diverse topics as legal conservatism, originalism, the rule of law, church-state relations, and the civil rights regime. Dr. Merriam has also published over 30 online articles, appearing in such places as Law and Liberty, The American Mind, National Review Online, The American Conservative, and Claremont Review of Books.
In 2019-2020, Dr. Merriam was selected to be the Visiting Fellow in American Political Thought at the Heritage Foundation's B. Kenneth Simon Center for Principles and Politics. He is currently a research fellow at the Claremont Institute's Center for the American Way of Life.
Dr. Merriam lives in a 1750s stone farmhouse in a rural part of Frederick County, Maryland with his wife and their five children.
Robert Corn-Revere joined FIRE from the law firm of Davis Wright Tremaine where he was a partner for 20 years specializing in freedom of expression and communications law. Before his time at DWT, he was a partner at Hogan & Hartson and served as legal advisor and later chief counsel to Federal Communications Commission Chairman James H. Quello.
Corn-Revere is a prominent writer, thinker, and advocate on free expression issues. In 2021, Cambridge University Press published his book, “The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma,” which explores how free expression became a part of America’s identity. He also co-authored the three-volume treatise, “Modern Communication Law,” published by West Group. In 2003, he successfully petitioned Governor George E. Pataki to grant the first posthumous pardon in New York history to the late comedian Lenny Bruce, who was convicted for “obscene” comedy routines.
Before joining FIRE full-time, Corn-Revere was a volunteer on FIRE’s Advisory Council. He also served as outside counsel for FIRE’s Stand Up For Speech Litigation Project, successfully litigating on behalf of college students and faculty whose First Amendment rights were violated.
He is regularly listed as a leading First Amendment and media law practitioner by The Best Lawyers in America, SuperLawyers Washington, D.C., and by Chambers USA. Best Lawyers in America named him as Washington, D.C.’s 2017 “Lawyer of the Year” in the areas of First Amendment Law and Litigation – First Amendment. He was again named as Best Lawyers’ “Lawyer of the Year” for First Amendment Law for 2019 and 2021, and in Media Law for 2022.
Michael Francisco is a public and commercial litigator with extensive appellate experience who often serves as a strategic advisor to clients facing acute legal challenges. He has represented clients nationally for public impact litigation, bet-the-company lawsuits, and in defense of constitutional rights. Michael served as a law clerk to Supreme Court Justice Neil Gorsuch and Judge Timothy Tymkovich of the United States Court of Appeals for the Tenth Circuit.
Michael regularly takes on challenging matters where citizens must rely on the judiciary to vindicate their rights. His experience runs the gambit from successfully seeking injunctive relief, winning critical legal motions, defending judgments on appeal, overturning multi-million-dollar judgments, and obtaining discretionary high court review. He relishes the opportunity to develop a well-crafted legal strategy to solve the most novel and complex problems that may arise.
Michael has deep experience with political litigation representing candidates, voters, political parties, and advocacy organizations for ballot access, election administration, campaign finance, and for the unfortunate trend of criminalization of political activity.
After deciding to pursue a legal career to defend religious liberty, Michael has regularly engaged in constitutional litigation under the religion clauses and the free speech clause. He has been involved in many recent U.S. Supreme Court cases involving these core freedoms, including Groff v. DeJoy, 303 Creative v. Elenis, Masterpiece Cakeshop v. Colorado Civil Rights Commission, National Institute of Family & Life Advocates v. Becerra, Trinity Lutheran Church v. Pauley, and similar cases in lower courts on topics ranging from the ministerial exception, church property disputes, to religious land use disputes.
As an appellate advocate Michael frequently handles matters before the U.S. Supreme Court, federal courts of appeals, and Colorado appellate courts. He has argued four times before the Colorado Supreme Court and briefed 19 cases before the U.S. Supreme Court.
Michael also frequently advises clients on strategic public matters challenging federal government authority and overreach. He has regularly litigated business disputes, employment matters, as well as represented clients before state and federal administrative agencies or arbitration panels.
Prior to joining First & Fourteenth, Michael was a partner at McGuireWoods, LLP in Washington D.C., representing litigation, white collar, and government investigation clients.
At home Michael is married with four children and he enjoys many outdoor activities, ranging from competitive shooting to fixing his jeep.
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Eli Nachmany is an associate at Covington & Burling LLP in the Washington, DC, office. He clerked for Judge Steven J. Menashi of the U.S. Court of Appeals for the Second Circuit. Eli graduated magna cum laude from Harvard Law School, where he was Editor-in-Chief of the Harvard Journal of Law & Public Policy. Prior to law school, Eli served as the speechwriter to the U.S. Secretary of the Interior and as a domestic policy aide in the White House Office of American Innovation. He graduated summa cum laude from New York University with a B.S. in Sports Management. Eli’s scholarship on administrative law and executive power has appeared in the BYU Law Review, George Mason Law Review, Wake Forest Law Review, and Yale Law Journal Forum.
Brett Nolan is a Senior Attorney at the Institute for Free Speech, a public interest law firm that defends the First Amendment rights of those engaged in political speech and advocacy around the country.
Before joining the Institute, Brett served as the Principal Deputy Solicitor General of Kentucky, where he represented the Commonwealth in a wide variety of high-stakes litigation at every level of state and federal court. In that role, Brett led a successful challenge against the Department of Treasury over the constitutionality of a federal law limiting the ability of states to modify their tax codes, and he helped secure a U.S. Supreme Court victory that upheld a state’s constitutional right to defend its interests in federal court.
Prior to that, Brett served as the Deputy General Counsel to the former Governor of Kentucky, where he advised the governor and other executive branch officials on legal and policy issues and represented them in litigation. Brett clerked for Judge John Nalbandian of the U.S. Court of Appeals for the Sixth Circuit and Judge Karen K. Caldwell of the U.S. District Court for the Eastern District of Kentucky. Between clerkships, he worked in private practice. Brett received his law degree from the University of Chicago Law School, where he graduated with High Honors and was an editor of The University of Chicago Law Review.
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
Michael Thad Allen began his legal career with a unique perspective: after earning a Ph.D. in History and Sociology from the University of Pennsylvania, he spent over a decade in academia as a professor of History. There, he witnessed firsthand how university procedures often fall short of constitutional and procedural fairness—especially in disciplinary matters.
Guided by a passion for individual rights and due process, he earned his J.D. from Yale Law School in 2010 and clerked for the late Hon. Ralph D. Gants, then Justice and later Chief Justice of the Massachusetts Supreme Judicial Court.
Today, Michael is a partner at Allen Harris PLLC, a firm devoted to Title IX and campus misconduct defense. He represents students, faculty, and academic professionals in disciplinary investigations, misconduct hearings, faculty disputes, and related litigation. His cases frequently involve claims of sexual misconduct, retaliation, or speech-related infractions—often in highly charged environments where reputational, academic, and constitutional stakes are high.
Before co-founding Allen Harris PLLC, Michael practiced complex civil litigation at a national firm, handling matters including patent disputes, product liability, and institutional defense in historical claims of sex abuse cases.
With his combined experience in academia and litigation, Michael offers rare insight into the procedural shortcomings of campus disciplinary systems. He focuses on defending individual rights—particularly where university policies intersect with constitutional protections such as due process, free speech, and academic freedom. His work brings legal precision and institutional understanding to high-stakes matters affecting students and faculty across the country.
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Professor Derek Muller is a nationally-recognized scholar in the field of election law. His research focuses on the role of states in the administration of federal elections, the constitutional contours of voting rights and election administration, the limits of judicial power in the domain of elections, and the Electoral College.
He has published more than two dozen academic works, and his op-eds have appeared in the New York Times, the Los Angeles Times, and the Wall Street Journal. He has testified before Congress, and he is a contributor at the Election Law Blog. He is a co-author on a Federal Courts casebook published by Carolina Academic Press. He is also the co-reporter on a new Restatement of the Law, Election Litigation, an effort led by the American Law Institute.
Professor Muller teaches Election Law, Civil Procedure, and Evidence.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Biography
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Dr. Stephen P. Halbrook is a Senior Fellow at the Independent Institute. He has taught legal and political philosophy at George Mason University, Howard University, and Tuskegee Institute, and he received his J.D. from the Georgetown University Law Center and Ph.D. in social philosophy from Florida State University.
The winner of three cases before the U.S. Supreme Court (Printz v. United States, United States v. Thompson/Center Arms Company, and Castillo v. United States), he has testified before the Subcommittee on the Constitution of the Senate Judiciary Committee, Senate Subcommittee on the Constitution, Subcommittee on Crime of the House Judiciary Committee, Senate Governmental Affairs Committee, and House Committee on the District of Columbia.
Dr. Halbrook's popular articles have appeared in such publications as the Wall Street Journal, Newsday, San Francisco Chronicle, National Review, Investor’s Business Daily, Kansas City Star, Washington Examiner, Shreveport Times, Sacramento Bee, Providence Journal, Tampa Tribune, Pittsburgh Tribune-Review, History News Network, San Antonio Express-News, The Daily Caller, Detroit News, Honolulu Star Advertiser, Birmingham News, Environmental Forum, USA Today, and Washington Times. He has also appeared on numerous national TV/radio programs on CNN, Fox News Channel, Fox Business Network, Court TV, NewsMax TV, CBN, Voice of America, and C-SPAN.