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.
Associate Justice, Supreme Court of North Carolina
Biography
Phil was born in Danville, Virginia on March 26, 1972, to Philip and Pat Berger. Phil is a 1990 graduate of Morehead High School in Eden, North Carolina. He graduated from UNC-Wilmington in 1994 with a B.A. in History, and earned his law degree from Wake Forest University School of Law in 1999.
Phil began his legal career in private practice in 1999. From 2001 through 2006, he joined his father and brother, Kevin, forming The Berger Law Firm. In 2006, Phil was elected District Attorney in the 17A Prosecutorial District and was re-elected in 2010.
While serving as District Attorney, Phil was the chair of Project SAFE Rockingham County. A collaboration with the US Attorney's Office and local law enforcement, Project SAFE implemented the “focused-deterrence” model for reducing violent crime among recidivists and gang members. In 2013-14, he served as President of the North Carolina Conference of District Attorneys. Phil represented the National District Attorneys Association in Guantanamo Bay, Cuba, as a Non-Governmental Observer to the United States v. Khalid Sheikh Mohammad, et al hearings.
From 2015-2016, Phil served as an Administrative Law Judge with the North Carolina Office of Administrative Hearings. He was elected to the North Carolina Court of Appeals in 2016. In 2020, Phil was elected to the Supreme Court of North Carolina.
Phil has a passion for helping young people. He serves as a volunteer assistant coach with the baseball team at Cedar Ridge High School. Phil previously coached football at the high school level, and he has also coached youth football with the Durham Firebirds and Greensboro Eagles. Phil was the founder and chair of Eden Youth Football, and he served as a board member and basketball coach with Bethany Community Middle School.
Phil is married to Jodie Church, a public school teacher. They have two children, Philip III and Will.
New York political commentor Deroy Murdock is a Fox News Contributor, a Contributing Editor with National Review Online, an emeritus Media Fellow with the Hoover Institution on War, Revolution and Peace at Stanford University; and a Senior Fellow with the Atlas Network, which supports and connects some 500 free-market think tanks in the USA and some 95 countries world-wide. Mr. Murdock’s weekly column — “This Opinion Just In…” — appears in the New York Post, the Washington Times, the New Hampshire Union-Leader, and other newspapers across America. He has appeared on radio shows across America and presents commentaries on Fox News Radio’s podcast, The Rundown. He is a veteran of the 1980 and 1984 Reagan for President campaigns and Steve Forbes’ 2000 White House bid.
As a popular public speaker, he has lectured or debated at the Cato Institute, the Council on Foreign Relations; Harvard Medical School, the Heritage Foundation; the National Academy of Sciences; Dartmouth, Stanford, and Tulane universities; and various fora, from Bogotá to Buenos Aires to Budapest. He is a native of Los Angeles, a graduate of Georgetown University, and a resident of Manhattan, where he earned an MBA from New York University. His program included a semester of study at the Chinese University of Hong Kong.
Deroy Murdock hopes that someday the free society will bring him — and every American — more leisure time to experience fine dining, motion pictures, skiing, live music, and the priceless joys of family, friends, and loved ones.
Assistant Professor of Law, Emory University School of Law
Biography
Alexander "Sasha" Volokh is an assistant professor of law, joining the Emory Law faculty in Fall 2009.
Professor Volokh earned his B.S. from UCLA and his J.D. and Ph.D. in economics from Harvard University. He clerked for Judge Alex Kozinski of the Ninth Circuit and for Supreme Court Justices Sandra Day O'Connor and Samuel Alito. Before coming to Emory, he was a visiting associate professor at Georgetown University Law Center and a visiting assistant professor at University of Houston Law Center.
His interests include law and economics, administrative law and the regulatory process, environmental law and policy, and legal history. His current research topics include the private management of government services, medieval law, judicial decisionmaking and statutory interpretation.
United States District Judge, Southern District of Ohio
Biography
Judge Matthew W. McFarland was born in Portsmouth, Scioto County, Ohio, and raised in Wheelersburg. He graduated from Wheelersburg High School in 1985, from Capital University in 1989 with a Bachelor of Arts degree in Political Science, and from the Capital University Law School in 1992, where he was inducted in the Order of the Barristers. He also served as a research assistant for Dean Rodney K. Smith. Judge McFarland first took the bench in 1999 as a Magistrate in the Scioto County Common Pleas Court. He was first elected to the Ohio Fourth District Court of Appeals in 2004 serving fourteen southeast Ohio counties. In 2010 and 2016 he was re-elected, and in 2016 by winning all fourteen counties. As an appellate judge, Judge McFarland authored over 1,000 opinions and made over 2,900 panel votes and served as the Presiding and Administrative Judge for multiple years. He has served as a visiting Judge on the Supreme Court of Ohio on four separate occasions allowing him to sit on each level of the Ohio Judiciary including the trial, appellate, and supreme court bench. The Ohio Chief Justice also appointed him to serve as a Commissioner on the Board of Grievances and Discipline and the Advisory Committee on Court Security and Emergency.
On October 10, 2018, President Donald J. Trump announced his intent to nominate Judge McFarland to a seat on the United States District Court for the Southern District of Ohio after being recommended by the Portman/Brown Bipartisan Federal Judicial Search Commission. The United States Senate received Judge McFarland’s nomination on November 13, 2018. At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Judge McFarland’s nomination to President Trump. President Trump then re-nominated Judge McFarland on January 23, 2019. The Senate Judiciary Committee held Judge McFarland’s confirmation hearing on June 26, 2019, and favorably voted his nomination to the full United States Senate on July 18, 2019. The United States Senate then confirmed Judge McFarland on December 18, 2019, and President Trump signed Judge McFarland’s Commission on December 31, 2019. With Judge McFarland’s confirmation, he is now only the second federal judge to serve the Southern District of Ohio from Scioto County. The first being Judge Albert Thompson, who served from 1898-1910. Judge McFarland succeeded Judge Thomas M. Rose who took senior status on June 30, 2017.
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.
Newton D. Baker/Baker and Hostetler Chair of Law, Capital University Law School
Biography
Mark R. Brown was born in Louisville, Kentucky and graduated from the University of Louisville School of Law (1984). He has a B.S. from the University of Dayton (1981). Following graduation from the University of Louisville, Professor Brown earned his LL.M. at the University of Illinois (1988). He clerked for the Honorable Harry W. Wellford, Judge of the United States Court of Appeals for the Sixth Circuit (1984-1985). Also, he served as a Judicial Fellow at the Supreme Court of the United States (October Term 1993) under the Chief Justice of the United States. Professor Brown currently holds the Newton D. Baker/Baker & Hostetler Chair at Capital University. He has also taught at Stetson University, the University of Illinois, the Ohio State University, and Florida State University.
Judge, United States Court of Appeals, Sixth Circuit
Biography
The Honorable Joan L. Larsen is a judge of the United States Court of Appeals for the Sixth Circuit. She was nominated by the President on May 8, 2017 and confirmed by the Senate on November 1, 2017. Before her appointment to the federal bench, Judge Larsen served two terms as a Justice of the Michigan Supreme Court, where she was the court’s liaison to Michigan’s drug, sobriety, mental health and veteran’s courts.
Before becoming a judge, Judge Larsen was a faculty member at the University of Michigan Law School, where she was also Special Counsel to the Dean and received the L. Hart Wright Award for Excellence in Teaching. Judge Larsen's research and teaching interests included constitutional law, criminal procedure, statutory interpretation, and presidential power. Judge Larsen continues to assist the law school as the adviser to the Henry M. Campbell Moot Court Competition.
Judge Larsen began her legal career as a law clerk to the Hon. David B. Sentelle of the United States Court of Appeals for the D.C. Circuit and to Justice Antonin Scalia of the Supreme Court of the United States. Following her clerkships, she joined the law firm of Sidley Austin, where she was a member of the Constitutional, Criminal, and Civil Litigation Section. She later served as Deputy Assistant Attorney General in the United States Department of Justice, Office of Legal Counsel.
Judge Larsen graduated first in her class from Northwestern University School of Law, where she served as articles editor of the Northwestern University Law Review and earned the John Paul Stevens Award for Academic Excellence. She received her B.A., with highest honors, from the University of Northern Iowa.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Biography
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
John P. Murphy Foundation Professor of Law and Associate Dean for External Engagement, University of Notre Dame Law School
Biography
Nicole Stelle Garnett is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where she also serves as the Associate Dean for External Engagement and directs the Notre Dame Education Law Project. Her teaching and research focus on education law and policy, religious liberty, and topics related to property law (especially land use and urban development policies). In addition to dozens of articles on these subjects, she is the author of Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America (University of Chicago Press, 2014) and Ordering the City: Land Use, Policing and the Restoration of Urban America (Yale University Press, 2009).
Garnett received her B.A. with distinction in Political Science from Stanford University and her J.D. from Yale Law School. After law school, she clerked for the Honorable Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and for Associate Justice Clarence Thomas of the Supreme Court of the United States. Before joining the law school faculty in 1999, she worked for two years as a staff attorney at the Institute for Justice, a non-profit public-interest law firm in Washington, D.C., where she helped to defend the constitutionality of the nation's first private-school-choice programs.
At Notre Dame, Garnett is a faculty fellow in the Institute for Educational Initiatives, Kellogg Institute for International Studies, Fitzgerald Institute for Real Estate, and deNicola Center for Ethics and Culture. She also is an elected member of the American Law Institute and a Senior Fellow at the Manhattan Institute.
