A Different Kind of COVID-19 Immunity: Business Liability During The Pandemic
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President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Judge, United States Court of Appeals, Fifth Circuit
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.
Director and Senior Fellow, Berkeley Center for Law and Technology, University of California at Berkeley
Mark Cohen heads the Asia IP Project at the Berkeley Center for Law and Technology at Berkeley Law School. He is also responsible for teaching international trade law and research and writing on IP issues. Previously, Cohen was Senior Counsel, China in the Office of Policy and International Affairs at the U.S. Patent and Trademark Office, after serving as a visiting professor at Fordham Law School (2011-2012). Prior to that time, he served in such functions as: Director, International Intellectual Property at Microsoft Corporation; Of Counsel to Jones Day’s Beijing office; and Senior Intellectual Property Attaché at the U.S. Embassy in Beijing (2004- 2008). In total, he has over 30 years private, public sector, in-house and academic experience in China and transition economies, with a focus on technology trade and intellectual property.
Cohen was the first IPR Attaché posted by USPTO to handle IPR issues in a foreign country. In addition, he launched the annual “Ambassador’s IPR Roundtable” which he co-chaired for five years, devised IPR “toolkits”, “road shows”, pro-bono programs, internal training programs for the US government and external training programs, and worked with USPTO and other US agencies to engage China and Chinese IP agencies. Cohen led a China team at USPTO consisting of 21 individuals in DC, Beijing, Shanghai and Guangzhou, China on all aspects of USPTO’s activities in China. Among his book-length publications are Antimonopoly Law and Practice in China (Oxford University Press 2011, with Steve Harris et al.). He was also the editor of Chinese Intellectual Property Law and Practice (Kluwer Law International 1999) and has edited or published a number of on-line publications, including the blog www.chinaipr.com.
Mr. Cohen has taught and lectured at numerous universities in the United States, Asia and Europe. Amongst other honors, he was the recipient of the US Chamber of Commerce’s “IP Champion” award in 2014. Mr. Cohen holds a J.D. degree from Columbia University (1984), an M.A. from the University of Wisconsin in Chinese Language and Literature (1979) and a B.A. from the State University of New York at Albany in Chinese Studies (1977).
Former Chief Judge, United States Court of Appeals for the Federal Circuit
Judge Michel served for more than 22 years on the Federal Circuit, retiring on May 31, 2010. From December 25, 2004 until his retirement, he also discharged the duties of Chief Judge of this national court, serving simultaneously on the U.S. Judicial Conference -- the Judiciary's governing body -- and by appointment of the Chief Justice on its seven-judge Executive Committee.
He judged several thousand appeals and authored more than 800 opinions, one third concerning intellectual property law. Intellectual Asset Management magazine inducted him into its Hall of Fame and he was designated one of the 50 most influential leaders in intellectual property law in the world. His contributions were also recognized by lifetime achievement and similar awards by the American Intellectual Property Law Association (AIPLA); Intellectual Property Owners Education Foundation (IPO); the American Bar Association's Intellectual Property Section; Managing Intellectual Property magazine; the Sedona Conference; the Patent and Trademark Office Society (PTOS); the New York, Chicago, Philadelphia, and Los Angeles Intellectual Property Law Associations; and the William C. Connor, the Giles S. Rich, and the Richard Linn Intellectual Property American Inns of Court. In 2010 the Los Angeles IP Inn was renamed in his honor as the Paul R. Michel IP Inn.
Judge Michel received the Jefferson Medal, the Eli Whitney Award, and the Katz-Kiley Prize as well as Honorary Doctor of Law degrees from the Catholic University of America and the John Marshall Law School. He is a lifetime Member of Honore of FICPI, the international association of private practitioners of intellectual property law. Williams College granted him the Kellogg Award for "outstanding leadership in law and public service."
Judge Michel has written numerous articles on patent law and advocacy, taught related courses and master classes at George Washington University, the University of Akron, and John Marshall law schools, serving as well on their IP advisory boards and on counterpart boards at the universities of California (Berkley), Washington, and Maryland. He co-authored a casebook, Patent Litigation and Strategy (West, 1999) and an August 2010 editorial in the New York Times on strengthening the patent system to promote prosperity and create new jobs.
A frequent speaker at conferences and law schools during his judicial tenure and since, he retired from a lifetime appointment to be free to speak out on the national need for better patent policy and protection of intellectual property and the vital, unmet resource needs of the courts, the PTO, the International Trade Commission, and other IP-related agencies. He was appointed Distinguished Scholar in Residence by IPO, following his retirement. Judge Michel also consults for law firms and their clients in intellectual property litigations, conducting moot courts, mock trials, case evaluations, editing briefs, advising on strategy and providing mediation and arbitration services.
Dinsmore & Shohl LLP, Partner
Brian is chair of Dinsmore’s IP Transactions and Licensing Group. He is a past president of the Licensing Executives Society (USA and Canada), Inc. (LES), the leading professional society devoted to commercial transactions and licensing of intangible property. He continues to serve LES as senior vice president for public policy. He has extensive experience in a wide variety of commercial transactions involving intangible property, and is known for creative licensing strategies to promote collaboration and resolve IP-related disputes.
He is a registered patent attorney with more than 30 years of experience before the U.S. Patent and Trademark Office and in structuring global IP portfolios and strategies. He has extensive experience in contested proceedings before the USPTO Patent Trial and Appeal Board (interferences, Inter Partes Reviews and Post Grant Reviews), as well as contested matters in federal courts and the International Trade Commission. His wide-ranging experience affords a broad, informed perspective and facilitates creative approaches to intellectual property management, licensing, and enforcement.
In addition to his leadership of LES, Brian served on the LES Board of Directors 2007 – 2018. In his ongoing role as senior vice president for public policy he is responsible for coordinating the society’s public policy positions, amicus briefs, and congressional outreach. He works with legislators, the executive branch, and the courts toward consistent, reliable, and prudent IP laws and policies that advance innovation and economic development. He has also served LES as trustee for education, and has long served as an author, editor, and faculty member of LES educational programs focusing on best practices in IP licensing.
He is also active in the global society, LES International (LESI). Among his various roles in LESI, he has served as co-chair of the External Relations Committee, coordinating public policy and advocacy for effective IP laws and policies among the 33 regional LES societies, and with various non-governmental organizations such as WIPO and EPO. In 2019, he received the LES International President’s Service Recognition Award.
Brian also serves as Chair of the Board of Directors of the Bayh Dole Coalition, a 501(c)(4) corporation dedicated to promoting and preserving the Bayh Dole Act. He is a member of the Founding Board of Directors of the United States Intellectual Property Alliance (USIPA), an organization dedicated to raising public awareness of, and appreciation for, the role of IP in fostering innovation for the public good; and he has served on the DC Bar Intellectual Property Section Steering Committee (2013 – 2016).
In 2016, Brian testified before the U.S. Senate Committee on Small Business and Entrepreneurship on the effects of the America Invents Act on small business and entrepreneurs in a hearing entitled “An Examination of Changes to the U.S. Patent System & Impacts on America's Small Businesses.”
With his longstanding and diverse patent practice, in both private practice and in-house, Brian advises corporate leaders and entrepreneurs in effective IP procurement practices, and in maximizing value from IP assets. He has been retained as a testifying witness in IP and licensing disputes by the U.S. Department of Justice, the U.S. Department of the Treasury, and by various private enterprises.
Brian has been acknowledged by IAM magazine as among its “IAM Strategy 300”, the world’s leading IP strategists, and among “The World's Leading Patent and Technology Licensing Lawyers.”
He earned B.S. and M.S. degrees from the Department of Chemistry, Rochester Institute of Technology, Rochester, NY; and Juris Doctor from Syracuse University, College of Law, Syracuse, NY (1986).
Brian has served his alma mater as president of the RIT Alumni Association 2005 – 2009; and now serves on the RIT Board of Trustees as a member of its Executive Committee, chair of its Student Life Committee, and vice-chair of its Committee on Trustees. In 2013, Brian was awarded RIT’s Outstanding Alumnus Award, and in 2005 he was awarded the Distinguished Alumnus Award by RIT’s College of Science.
Chief Judge (ret.), U.S. Court of Appeals for the Federal Circuit, and Honorary Professor, Tsinghua University
Randall R. Rader was appointed to the United States Court of Appeals for the Federal Circuit by President George H. W. Bush in 1990 and served as Chief Judge from June 2010 to June 2014. He was appointed to the United States Claims Court (now the U. S. Court of Federal Claims) by President Ronald W. Reagan in 1988. Judge Rader's most prized title may well be "Professor Rader."
As Professor, Judge Rader has taught courses on patent law and other advanced intellectual property courses at The George Washington University Law School,University of Virginia School of Law, Georgetown University Law Center, the Munich Intellectual Property Law Center, and other university programs in Tokyo, Taipei, New Delhi, and Beijing. Due to the size and diversity of his classes, Judge Rader may have taught patent law to more students than anyone else. Judge Rader has also co-authored several texts including the most widely used textbook on U. S. patent law, "Cases and Materials on Patent Law," (St. Paul, Minn.: Thomson/West 3d ed. 2009) and "Patent Law in a Nutshell," (St. Paul, Minn.: Thomson/West 2007) (translated into Chinese and Japanese). Judge Rader has won acclaim for leading dozens of government and educational delegations to every continent (except Antarctica), teaching rule of law and intellectual property law principles.
Judge Rader has received many awards, including the Sedona Lifetime Achievement Award for Intellectual Property Law, 2009; Distinguished Teaching Awards from George Washington University Law School, 2003 and 2008 (by election of the students); the Jefferson Medal from the New Jersey Intellectual Property Law Association, 2003; the Distinguished Service Award from the Berkeley Center for Law and Technology, 2003; the J. William Fulbright Award for Distinguished Public Service from George Washington University Law School, 2000; and the Younger Federal Lawyer Award from the Federal Bar Association, 1983. Before appointment to the Court of Federal Claims, Judge Rader served as Minority and Majority Chief Counsel to Subcommittees of the U.S. Senate Committee on the Judiciary. From 1975 to 1980, he served as Counsel in the House of Representatives for representatives serving on the Interior, Appropriations, and Ways and Means Committees. He received a B.A. in English from Brigham Young University in 1974 and a J.D. from George Washington University Law School in 1978.
James Monroe Distinguished Professor of Law and Albert Clark Tate, Jr., Professor of Law, University of Virginia School of Law
Professor Saikrishna Prakash’s scholarship focuses on separation of powers, particularly executive powers. He teaches Constitutional Law, Foreign Relations Law and Presidential Powers at the Law School.
Prakash’s most recent book, “The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers,” was published by Harvard Belknap Press in 2020. He also authored “Imperial from the Beginning: The Constitution of the Original Executive” (Yale University Press, 2015). The former book focuses on the modern presidency while the latter considers the presidency of the Founders.
Prakash has authored over 75 law review articles. Among them are “Of Synchronicity and Supreme Law” in the Harvard Law Review, “The Indefensible Duty to Defend” in the Columbia Law Review, and “50 States, 50 Attorneys General and 50 Approaches to the Duty to Defend” and “The Executive Power Over Foreign Affairs” in the Yale Law Journal.
Prakash has published op-eds in The New York Times, The Wall Street Journal and the Los Angeles Times. At the request of Democrats and Republicans, he has testified before Congress on matters of presidential removal, the Mueller Report and how Congress might better check the presidency. He is currently a Miller Center Senior Fellow. In 2015, he received the Roger Traynor award for faculty scholarship. In the same year, he received an honorable mention from the American Society of Legal Writers for his book “Imperial from the Beginning.” He has given named lectures at William & Mary Law School, Princeton University and Toledo Law School, and keynote addresses at several conferences.
Prakash majored in economics and political science at Stanford University. At Yale Law School, he served as senior editor of the Yale Law Journal and received the John M. Olin Fellowship in Law, Economics and Public Policy. He subsequently clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Clarence Thomas of the U.S. Supreme Court. After practicing in New York for two years, he served as a visiting professor at the University of Illinois College of Law and as an associate professor at Boston University School of Law. He then spent several years at the University of San Diego School of Law as the Herzog Research Professor of Law. Prakash has been a visiting professor at Northwestern University and the University of Chicago. He also has served as a James Madison Fellow at Princeton University and Visiting Research Fellow at the Hoover Institution of War & Peace at Stanford University.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
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.
James Monroe Distinguished Professor of Law and Albert Clark Tate, Jr., Professor of Law, University of Virginia School of Law
Professor Saikrishna Prakash’s scholarship focuses on separation of powers, particularly executive powers. He teaches Constitutional Law, Foreign Relations Law and Presidential Powers at the Law School.
Prakash’s most recent book, “The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers,” was published by Harvard Belknap Press in 2020. He also authored “Imperial from the Beginning: The Constitution of the Original Executive” (Yale University Press, 2015). The former book focuses on the modern presidency while the latter considers the presidency of the Founders.
Prakash has authored over 75 law review articles. Among them are “Of Synchronicity and Supreme Law” in the Harvard Law Review, “The Indefensible Duty to Defend” in the Columbia Law Review, and “50 States, 50 Attorneys General and 50 Approaches to the Duty to Defend” and “The Executive Power Over Foreign Affairs” in the Yale Law Journal.
Prakash has published op-eds in The New York Times, The Wall Street Journal and the Los Angeles Times. At the request of Democrats and Republicans, he has testified before Congress on matters of presidential removal, the Mueller Report and how Congress might better check the presidency. He is currently a Miller Center Senior Fellow. In 2015, he received the Roger Traynor award for faculty scholarship. In the same year, he received an honorable mention from the American Society of Legal Writers for his book “Imperial from the Beginning.” He has given named lectures at William & Mary Law School, Princeton University and Toledo Law School, and keynote addresses at several conferences.
Prakash majored in economics and political science at Stanford University. At Yale Law School, he served as senior editor of the Yale Law Journal and received the John M. Olin Fellowship in Law, Economics and Public Policy. He subsequently clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Clarence Thomas of the U.S. Supreme Court. After practicing in New York for two years, he served as a visiting professor at the University of Illinois College of Law and as an associate professor at Boston University School of Law. He then spent several years at the University of San Diego School of Law as the Herzog Research Professor of Law. Prakash has been a visiting professor at Northwestern University and the University of Chicago. He also has served as a James Madison Fellow at Princeton University and Visiting Research Fellow at the Hoover Institution of War & Peace at Stanford University.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
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.
James Monroe Distinguished Professor of Law and Albert Clark Tate, Jr., Professor of Law, University of Virginia School of Law
Professor Saikrishna Prakash’s scholarship focuses on separation of powers, particularly executive powers. He teaches Constitutional Law, Foreign Relations Law and Presidential Powers at the Law School.
Prakash’s most recent book, “The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers,” was published by Harvard Belknap Press in 2020. He also authored “Imperial from the Beginning: The Constitution of the Original Executive” (Yale University Press, 2015). The former book focuses on the modern presidency while the latter considers the presidency of the Founders.
Prakash has authored over 75 law review articles. Among them are “Of Synchronicity and Supreme Law” in the Harvard Law Review, “The Indefensible Duty to Defend” in the Columbia Law Review, and “50 States, 50 Attorneys General and 50 Approaches to the Duty to Defend” and “The Executive Power Over Foreign Affairs” in the Yale Law Journal.
Prakash has published op-eds in The New York Times, The Wall Street Journal and the Los Angeles Times. At the request of Democrats and Republicans, he has testified before Congress on matters of presidential removal, the Mueller Report and how Congress might better check the presidency. He is currently a Miller Center Senior Fellow. In 2015, he received the Roger Traynor award for faculty scholarship. In the same year, he received an honorable mention from the American Society of Legal Writers for his book “Imperial from the Beginning.” He has given named lectures at William & Mary Law School, Princeton University and Toledo Law School, and keynote addresses at several conferences.
Prakash majored in economics and political science at Stanford University. At Yale Law School, he served as senior editor of the Yale Law Journal and received the John M. Olin Fellowship in Law, Economics and Public Policy. He subsequently clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Clarence Thomas of the U.S. Supreme Court. After practicing in New York for two years, he served as a visiting professor at the University of Illinois College of Law and as an associate professor at Boston University School of Law. He then spent several years at the University of San Diego School of Law as the Herzog Research Professor of Law. Prakash has been a visiting professor at Northwestern University and the University of Chicago. He also has served as a James Madison Fellow at Princeton University and Visiting Research Fellow at the Hoover Institution of War & Peace at Stanford University.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
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.
Florida Office Managing Attorney, Institute for Justice
Justin Pearson is the Institute’s Florida Office Managing Attorney. He also coordinates aspects of the Institute’s national economic liberty efforts and personally directs IJ’s National Street Vending Initiative. Justin has devoted his career to vindicating the constitutional rights of small-business owners, and he has victoriously litigated on their behalf in trial and appellate courts across the nation.
Justin often wins in novel ways. He was the lead counsel in a federal appellate court victory vindicating the right of a Florida dairy creamery to tell the truth on its labels, which was the first victorious First Amendment challenge to a food standard of identity in U.S. history. His win against Little Rock’s ban on taxi competition was based on a provision in the Arkansas Constitution that had not been successfully relied upon in over half a century. And his victory against Fort Pierce’s food truck ban included the first preliminary injunction ever issued in this type of challenge anywhere in the nation.
In addition to litigation, Justin has testified to Florida Senate and House committees dozens of times, and provisions suggested by Justin have been enacted into law. The successful bills that Justin has actively supported include Florida’s 2021 cottage food, home-based business, and local occupational licensing reforms, Florida’s historic 2020 occupational licensing reform (which repealed the most occupational licensing barriers in U.S. history), Florida’s 2019 repeal of the certificate of need requirement for hospitals, Florida’s 2019 Fresh Start reform making it easier for individuals with criminal records to obtain employment, and Florida’s 2016 overhaul of its civil forfeiture laws.
Justin’s work has appeared in countless media outlets, and Justin has spoken to scores of law schools and attorney organizations across the nation. The law schools that have hosted Justin’s talks include Yale, the University of Chicago, Duke, NYU, Notre Dame, and the University of Michigan, among many others.
Prior to joining IJ, Justin founded and managed his own law practice to advocate for small-business owners, and Justin’s law practice was successful for many years before he made the decision to join IJ in 2012 to better fight against government power gone awry.
Justin received his law degree with honors from the University of Miami in 2002, where he was the Research and Writing Editor for, and was published in, the University of Miami Business Law Review. Justin received his undergraduate degree in business management from North Carolina State University. Justin has been honored by the Daily Business Review and Law.com for being one of South Florida’s “Most Effective Lawyers.”
James Monroe Distinguished Professor of Law and Albert Clark Tate, Jr., Professor of Law, University of Virginia School of Law
Professor Saikrishna Prakash’s scholarship focuses on separation of powers, particularly executive powers. He teaches Constitutional Law, Foreign Relations Law and Presidential Powers at the Law School.
Prakash’s most recent book, “The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers,” was published by Harvard Belknap Press in 2020. He also authored “Imperial from the Beginning: The Constitution of the Original Executive” (Yale University Press, 2015). The former book focuses on the modern presidency while the latter considers the presidency of the Founders.
Prakash has authored over 75 law review articles. Among them are “Of Synchronicity and Supreme Law” in the Harvard Law Review, “The Indefensible Duty to Defend” in the Columbia Law Review, and “50 States, 50 Attorneys General and 50 Approaches to the Duty to Defend” and “The Executive Power Over Foreign Affairs” in the Yale Law Journal.
Prakash has published op-eds in The New York Times, The Wall Street Journal and the Los Angeles Times. At the request of Democrats and Republicans, he has testified before Congress on matters of presidential removal, the Mueller Report and how Congress might better check the presidency. He is currently a Miller Center Senior Fellow. In 2015, he received the Roger Traynor award for faculty scholarship. In the same year, he received an honorable mention from the American Society of Legal Writers for his book “Imperial from the Beginning.” He has given named lectures at William & Mary Law School, Princeton University and Toledo Law School, and keynote addresses at several conferences.
Prakash majored in economics and political science at Stanford University. At Yale Law School, he served as senior editor of the Yale Law Journal and received the John M. Olin Fellowship in Law, Economics and Public Policy. He subsequently clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Clarence Thomas of the U.S. Supreme Court. After practicing in New York for two years, he served as a visiting professor at the University of Illinois College of Law and as an associate professor at Boston University School of Law. He then spent several years at the University of San Diego School of Law as the Herzog Research Professor of Law. Prakash has been a visiting professor at Northwestern University and the University of Chicago. He also has served as a James Madison Fellow at Princeton University and Visiting Research Fellow at the Hoover Institution of War & Peace at Stanford University.
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.
Executive Director, Committee for Justice
Ashley Baker is Executive Director of the Committee for Justice and founder of the Alliance on Antitrust coalition. Her work focuses on antitrust law, technology regulation, administrative-agency authority, the Supreme Court, and judicial nominations. She closely follows the Federal Trade Commission and the Department of Justice’s Antitrust Division, with particular attention to merger review, agency procedure, and the effects of regulation on American innovation and competitiveness. She is also founder of the Alliance on Antitrust Coalition.
Ashley has testified before the United States Senate on antitrust law. Her writing has appeared in Fox News, USA Today, The Boston Globe, The Hill, RealClearPolitics, The American Spectator, and other national publications. She also provides policy analysis through congressional testimony and correspondence, regulatory comments, and public commentary.
Ashley serves on the Federalist Society’s Regulatory Transparency Project and Antitrust and Consumer Protection Practice Group Executive Committee. She is also active in the Republican National Lawyers Association and has spoken on the Supreme Court and the federal judiciary. An authority on the judicial-confirmation process, she worked closely on the successful confirmation efforts for Justices Neil Gorsuch and Brett Kavanaugh, as well as multiple federal appellate judges.
Founder and Managing Principal, Elevecon LLC
Jay Ezrielev is the former economic advisor to Federal Trade Commission Chairman Joseph Simons. He specializes in the economics of industrial organization, econometrics, and antitrust policy. With more than 19 years in economic consulting and government, Dr. Ezrielev has advised clients on numerous high-profile antitrust and other matters. He has worked with many Fortune 500 companies. Dr. Ezrielev participated in drafting the Vertical Merger Guidelines. Dr. Ezrielev has extensive experience leading economic analyses, providing agency advocacy, assisting in preparation of expert reports and testimony, advising counsel on expert examinations, developing economic models, and performing econometric analysis of large data sets. He has been retained on a wide range of matters, including merger reviews, monopolization litigation, regulatory hearings, price–fixing litigation, intellectual property matters, contractual disputes, and class certification matters. He also taught financial economics as adjunct professor at Johns Hopkins University. Dr. Ezrielev earned a Ph.D. in Economics from New York University, an M.S. in Electrical Engineering from Rutgers University, and a B.S. in Electrical Engineering from Rutgers University. Dr. Ezrielev previously worked as a scientist and software developer at Siemens Medical Systems and Goldman Sachs.
Partner, Cleary Gottlieb Steen & Hamilton LLP
D. Bruce Hoffman’s practice focuses on antitrust enforcement, including merger clearance and conduct investigations, and antitrust and other complex commercial litigation.
Bruce joined the firm as a partner after serving as Director of the Federal Trade Commission’s Bureau of Competition from August 2017 until late December of 2019. As Director, he was the head of the FTC’s antitrust enforcement and was responsible for developing Bureau policy, supervising all of the Bureau’s investigations and litigation, and conducting high-level relations with other leading antitrust enforcers, including the U.S. Department of Justice Antitrust Division, the Directorate-General for Competition of the European Commission and other international enforcers, and state Attorneys General, as well as communications with Congress. Bruce also spearheaded the creation of the Bureau of Competition’s Technology Task Force (now known as the Technology Enforcement Division) to monitor competition in U.S. technology markets, investigate potential anticompetitive conduct in those markets, and take enforcement actions when warranted.
Bruce’s role as Bureau Director was his second stint at the FTC. He previously served at the agency from 2001-2004, starting as Associate Director for Regional Litigation and then being elevated to Deputy Director of the Bureau of Competition. In these roles, Bruce oversaw the Bureau’s programs, activities, and investigations. He also led numerous high-profile cases involving mergers, price fixing, monopolization, conspiracies, and other issues in a broad range of industries, and he participated in amicus brief efforts before the U.S. Supreme Court.
Prior to joining the FTC in 2001, and then again from 2005 to 2017, Bruce developed and led successful antitrust practices as a partner at leading global law firms. Bruce had an extensive merger review practice, including transactions before the DOJ, FTC, EC, several U.S. states, and other enforcers. He also has wide-ranging experience in high-profile antitrust litigation and investigations, including representing clients in some of the largest antitrust class actions ever filed, as well as competitor lawsuits and conduct investigations. Bruce has handled every aspect of federal and state court litigation, including appellate arguments, jury and bench trials, and numerous court hearings and arguments, as well as arbitration proceedings.
Policy Counsel, Public Knowledge
Alex is a Policy Counsel at Public Knowledge, where he focuses on digital platform competition issues. Prior to joining Public Knowledge, Alex worked for Senator Amy Klobuchar, Senator Richard Blumenthal, the House Committee on Oversight and Reform, and Senator Joe Donnelly. Alex received his J.D., cum laude, from Georgetown University Law Center and his B.A. from Yale College in Economics and Political Science with distinction. He was born and raised in Lexington, KY and enjoys Kentucky basketball, trivia, fantasy football, and romantic comedies.
Executive Director, Committee for Justice
Ashley Baker is Executive Director of the Committee for Justice and founder of the Alliance on Antitrust coalition. Her work focuses on antitrust law, technology regulation, administrative-agency authority, the Supreme Court, and judicial nominations. She closely follows the Federal Trade Commission and the Department of Justice’s Antitrust Division, with particular attention to merger review, agency procedure, and the effects of regulation on American innovation and competitiveness. She is also founder of the Alliance on Antitrust Coalition.
Ashley has testified before the United States Senate on antitrust law. Her writing has appeared in Fox News, USA Today, The Boston Globe, The Hill, RealClearPolitics, The American Spectator, and other national publications. She also provides policy analysis through congressional testimony and correspondence, regulatory comments, and public commentary.
Ashley serves on the Federalist Society’s Regulatory Transparency Project and Antitrust and Consumer Protection Practice Group Executive Committee. She is also active in the Republican National Lawyers Association and has spoken on the Supreme Court and the federal judiciary. An authority on the judicial-confirmation process, she worked closely on the successful confirmation efforts for Justices Neil Gorsuch and Brett Kavanaugh, as well as multiple federal appellate judges.
James G. Dinan University Professor, Carey Law School, University of Pennsylvania
Herbert Hovenkamp is a Fellow of the American Academy of Arts and Sciences, and in 2008 won the Justice Department’s John Sherman Award for his lifetime contributions to antitrust law. In 2012 he served on the ABA’s Committee to advise the President-elect on antitrust matters. His principal writing includes The Opening of American Law: Neoclassical Legal Thought, 1870-1970 (Oxford, 2015); Antitrust Law (formerly with Phillip E. Areeda and Donald F. Turner) (22 vols., Aspen 2008-18); Principles of Antitrust (West, 2017); Creation Without Restraint: Promoting Liberty and Rivalry in Innovation (Oxford, 2012, with Bohannan); The Making of Competition Policy (Oxford, 2012, with Crane); The Antitrust Enterprise: Principle and Execution (Harvard, 2006); Federal Antitrust Policy: The Law of Competition and Its Practice (West, 5th ed. 2015); IP and Antitrust (2 vols., Aspen, 2017, with Janis, Lemley, Leslie, and Carrier); and Enterprise and American Law, 1836-1937 (Harvard, 1991). He has also co-authored casebooks in antitrust, property law, and a free open source casebook on innovation and competition policy. He has consulted on numerous antitrust cases for various government entities and private plaintiffs. He has two sons.