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.
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.
Judge, United States Court of Appeals, Fifth Circuit
Biography
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.
Professor of Law and Faculty Director for the Georgetown Center for the Constitution, Georgetown University Law Center
Biography
Stephanie Barclay is a Professor of Law at Georgetown Law School, and the Faculty Director of the Georgetown Center for the Constitution. Her research focuses on the role our different democratic institutions play in protecting minority rights, particularly at the intersection of free speech and religious exercise. Barclay‘s work is published or is forthcoming in leading journals such as the Harvard Law Review, the Chicago Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal Forum. One of her articles was also selected for the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Her work has been featured in many media outlets, including The New York Times, The Wall Street Journal, The Washington Post, USA Today, Bloomberg BNA, The Hill, and Law 360. And her work has also been cited by the U.S. Supreme Court.
Prior to joining Georgetown, Barclay was twice voted Professor of the Year. Barclay has also litigated constitutional cases at both the trial and appellate level, including before the U.S. Supreme Court. Barclay served as a law clerk to Judge N. Randy Smith on the U.S. Court of Appeals for the Ninth Circuit, and to Justice Neil M. Gorsuch of the U.S. Supreme Court.
Barclay is a Faculty Affiliate at the Constitutional Law Center at Stanford Law School; and she is a Nootbaar Fellow at the Nootbaar Institute on Law, Religion, and Ethics at Pepperdine University. She currently serves as the Chair for the AALS Law and Religion Section and as a Member of the Executive Committee for the AALS Constitutional Law Section. She graduated summa cum laude from BYU Law School, where she was elected to the Order of the Coif. She is completing a Ph.D. in Law at Oxford University as a Clarendon Scholar and a Tang Scholar.
Assistant Clinical Professor of Law & Director, Religious Freedom Clinic, Harvard Law School
Biography
Josh is the Director of Harvard Law School’s Religious Freedom Clinic, a pro bono program that gives students a hands-on, supervised experience representing a diverse group of clients in First Amendment and religious freedom cases.
Before entering clinical teaching, Josh clerked for the Honorable Cormac J. Carney of the U.S. District Court for the Central District of California and the Honorable Jay S. Bybee of the U.S. Court of Appeals for the Ninth Circuit. In addition to serving as a staff attorney in the clinic’s inaugural semester in 2020, he was previously a trial litigator at Munger, Tolles & Olson and an appellate litigator at Horvitz & Levy, where he specialized in representing individual and organizational clients in both commercial and civil rights cases, with particular expertise in First Amendment and religious freedom issues.
While in private practice, Josh received a Daily Journal 2022 California Lawyer Attorneys of the Year (CLAY) award, was twice named a “One to Watch” in appellate law by Best Lawyers, and argued in numerous appellate courts and courts of last resort, including twice before the California Supreme Court. His amicus brief for Jewish schools in a case before the U.S. Supreme Court was quoted by Justice Kavanaugh at oral argument.
Josh earned his B.A., magna cum laude, from Brigham Young University and graduated first in his class from UCLA School of Law.
