Bound by Red Tape? Chevron Deference & the Administrative Procedure Act
Texas Student Chapter
The University of Texas School of Law727 E Dean Keeton St
Austin, TX 78705
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Harry Reasoner Regents Chair in Law, The University of Texas at Austin School of Law
David Adelman teaches and writes in the areas of environmental law, intellectual property law, and climate change policy. Professor Adelman’s research focuses on the many interfaces between law and science. His articles have addressed such topics as the implications of emerging genomic technologies for toxics regulation, the tensions between legal and scientific evidentiary standards in regulatory decision making, and development of effective policies for promoting innovation relevant to addressing climate change. Professor Adelman clerked for the Honorable Samuel Conti of the United States District Court for the Northern District of California. Before entering academia, he was an associate with the law firm Covington & Burling in Washington, D.C., where he litigated patent disputes and provided counsel on environmental regulatory matters, and a Senior Attorney with the Natural Resources Defense Council also in Washington, D.C. Professor Adelman was an Associate Professor of Law at the University of Arizona Rogers College of Law from 2001 to 2009.
Hugh and Hazel Darling Foundation Professor of Law; Director, Center for the Study of Constitutional Originalism, University of San Diego School of Law
Former Justice, Wisconsin Supreme Court
Justice Daniel Kelly was appointed to the Supreme Court by Gov. Scott Walker in 2016 to fill the vacancy created by the retirement of Justice David T. Prosser, Jr.
A native of Santa Barbara, California, Kelly grew up in Arvada, Colorado. He came to Waukesha, Wisconsin to study at Carroll College (now Carroll University), where he earned a bachelor's degree in Political Science and Spanish in 1986. He earned his law degree from Regent University School of Law in Virginia Beach, Virginia in 1991.
Before joining the Court, Kelly had 19 years' experience as a private practice attorney in Wisconsin and represented clients in cases before the Wisconsin Supreme Court and the U.S. Supreme Court. Kelly spent most of his private practice career at one of the largest and oldest law firms in Wisconsin. Subsequently, he served as vice president and general counsel for a philanthropic foundation, and then practiced law at a firm he owned and founded in Waukesha.
Early in his legal career, Kelly was a law clerk and then staff attorney for the Office of Special Masters of the U.S. Court of Federal Claims, from 1992 to 1996. He worked as a law clerk for the late Wisconsin Court of Appeals Judge Ralph Adam Fine from 1991 to 1992.
Kelly is a member of the board of advisors and past president of the Milwaukee Lawyer's Chapter of the Federalist Society. He serves on the Carroll University President's Advisory Council and is a former member of the Wisconsin Advisory Committee of the U.S. Commission on Civil Rights.
Kelly is married and has five children. He lives in North Prairie, Wisconsin.
Partner, Ashbrook Byrne Kresge Flowers LLC
Ben Flowers, a partner at Ashbrook Byrne Kresge Flowers LLC, is an accomplished litigator with experience briefing, arguing, and winning high-stakes cases in courts throughout the country.
Before joining the law firm, Ben served as Ohio's 10th Solicitor General. In that role he regularly represented the State of Ohio before the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, and the Supreme Court of Ohio. Most prominently, in National Federation of Independent Business v. Department of Labor, Ben led a multi-state challenge to OSHA's vaccine mandate, ultimately prevailing before the Supreme Court.
Ben is a graduate of The Ohio State University and the University of Chicago Law School. Following law school, Ben clerked for Judge Sandra Ikuta of the U.S. Court of Appeals for the Ninth Circuit and for Justice Antonin Scalia of the Supreme Court of this United States. Ben lives in Upper Arlington, Ohio with his wife Denise and their three very active children.
Associate Attorney, Cooper & Kirk PLLC
Athie Livas rejoined Cooper & Kirk in 2022. Prior to joining the firm, Ms. Livas clerked for Justice Brett M. Kavanaugh on the United States Supreme Court. Ms. Livas also previously clerked for Judge Amul R. Thapar on the United States Court of Appeals for the Sixth Circuit and Judge Dabney L. Friedrich on the United States District Court for the District of Columbia.
Ms. Livas graduated from Yale Law School, where she served as President of the Yale Federalist Society, co-President of the Barristers’ Union trial competition, Student Director of the Supreme Court Litigation Clinic, and Editor on the Yale Law Journal. Ms. Livas is admitted to the bar of the Commonwealth of Kentucky.
Solicitor General, Montana Attorney General's Office
Christian is currently Solicitor General of Montana, where he serves as the chief litigator and principal legal advisor to Montana Attorney General Austin Knudsen. In that capacity, he manages litigation before the federal district courts, courts of appeal, and the United States Supreme Court, as well as the Montana Supreme Court. He previously served in the Trump Administration as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education. Prior to government service, he was a public interest constitutional litigator at Mountain States Legal Foundation and a fellow at the Institute for Justice. He clerked for Justice Caleb Stegall on the Kansas Supreme Court. He also served as Director of Publications for the Federalist Society's national headquarters.
Christian earned his B.A. in Political Science in 2009 from the University of Pennsylvania before attending the University of Kansas School of Law. Christian is admitted to practice law in Kansas and Montana. A Kansas native, he is a die-hard fan of the Kansas Jayhawks, Kansas City Chiefs, and Kansas City Royals.
Christian is a member of the Federalism & Separation of Powers Practice Group's Executive Committee.
Partner, Eimer Stahl LLP
Ryan is a partner at Eimer Stahl LLP and is based in the firm’s Madison office. He focuses his practice on appellate and complex litigation in a wide variety of areas, including antitrust, constitutional law, corporate law, environmental, ERISA, products liability, and white collar. As part of his practice, Ryan devotes significant time to matters of legal strategy and the art of written and oral advocacy.
Ryan previously served as Chief Deputy Solicitor General of Wisconsin, securing numerous wins in the Supreme Court of the United States, in three federal courts of appeal, and in the state supreme court. Ryan built national, bipartisan coalitions of attorneys general and agencies in support of several lawsuits and briefing efforts, including a Wisconsin-led, 12-state coalition whose suit against the Federal Communications Commission prompted that agency to reverse a major new rule. When he left government, Ryan had a perfect win record in all of his cases to have reached final judgment.
Earlier in his career, Ryan worked in Washington D.C. as an associate in the appellate group of one of the world’s largest law firms.
Ryan also served as a law clerk on the U.S. Supreme Court for the Honorable Antonin Scalia and on the U.S. Court of Appeals for the Ninth Circuit for the Honorable Diarmuid F. O’Scannlain.
Ryan was named to Forbes’ “30 Under 30: Law and Policy” list in 2017. His briefing has won awards from the National Association of Attorneys General and the International Municipal Lawyers Association. He has also won a “best brief” accolade from the State Bar of Wisconsin in the civil category for his written work defending Wisconsin’s right-to-work law.
Solicitor General, Iowa Office of the Attorney General
Eric Wessan serves as Iowa’s Solicitor General in the Iowa Attorney General’s Office. In that
role, Wessan leads Iowa’s litigation before State and federal appellate courts, including the Iowa
and U.S. Supreme Courts. Before that role, Wessan worked on complex commercial litigation at
two large law firms in Chicago. Wessan also served as a law clerk for the Honorable James C.
Ho on the U.S. Court of Appeals for the Fifth Circuit and for the Honorable John F. Kness on the
U.S. District Court for the Northern District of Illinois. Wessan is a graduate of the University of
Chicago Law School, with honors, and of the University of Chicago.
Director, Center for Energy, Climate, and Environment and The Herbert and Joyce Morgan Fellow in Energy and Environmental Policy, The Heritage Foundation
Diana Furchtgott-Roth is director of the Center for Energy, Climate, and Environment and the Herbert and Joyce Morgan Fellow in Energy and Environmental Policy at The Heritage Foundation. She is an Oxford-educated economist, a frequent guest on TV and radio shows, and a columnist for Forbes.
Diana worked in senior roles in the White House under Presidents Reagan, George H.W. Bush, and George W. Bush. She has served as Deputy Assistant Secretary for Research and Technology at the U.S. Department of Transportation; Acting Assistant Secretary for Economic Policy at the U.S. Department of Treasury; Chief Economist at the U.S. Department of Labor; Chief of Staff of the President’s Council of Economic Advisers; and Deputy Executive Secretary of the White House Domestic Policy Council.
Diana is the author or coauthor of six books and hundreds of articles on economic policy, including Regulating to Disaster: How Green Jobs Policies are Destroying America's Economy (Encounter Books, 2012). Her most recent book is United States Income, Wealth, Consumption, and Inequality (Oxford University Press, 2021). She received degrees in economics from Swarthmore College and Oxford University.
Vice President of Litigation, Southeastern Legal Foundation
Braden H. Boucek serves as Director of Litigation at the Southeastern Legal Foundation (SLF). His cases at SLF focus on restoring constitutional balance, equal protection, the First Amendment, and property rights. He is an avid defender of America's Founding and a constitutional law professor. He has also actively litigated school choice cases.
Prior to joining SLF, he served as Vice President of Legal Affairs at the Beacon Center of Tennessee, where he worked on economic liberty, dedicated himself to Tennessee's unique constitutional rights, and protecting the free speech rights of professionals.
Braden has been a litigator since 2001. Previously, Braden was an Assistant U.S. Attorney in both Nashville and Memphis for over nine years. During that time, he handled hundreds of cases ranging from Organized Crime, Drug Trafficking, Fraud, Counterfeiting, Terrorism and Immigration offenses. Braden has been recognized by his office for performance, winning both the Special Achievement award and Distinguished Service award. Two of his investigations were recognized as the district’s “Case of the Year” by the Department of Justice’s Organized Crime and Drug Enforcement Task Force. For nearly five years before joining the Department of Justice, Braden served as a prosecutor for the State of Tennessee, first as an Assistant Attorney General and later as an Assistant District Attorney. He has been lead counsel in many jury trials at both the state and federal level. He has also argued dozens of cases before state and federal appellate courts, including the Tennessee Supreme Court and Sixth Circuit Court of Appeals. Braden also served as an extern for the Florida Supreme Court. He obtained his J.D. at Florida State University College of Law, and his B.A. at the University of Richmond.
Professor, Cleveland State University College of Law
Professor Christa Laser comes to Cleveland Marshall after nearly a decade of practice experience as an intellectual property litigator at the law firms WilmerHale and Kirkland & Ellis LLP. She has deep expertise in patents, trademarks, copyrights, false advertising, pharmaceutical litigation and regulation, and technology law. She has represented leading life sciences and technology companies in all stages of trial and appellate matters and consulted on legislative changes to intellectual property laws.
Professor Laser's research focuses on intellectual property and innovation. Her patent law scholarship has been cited by numerous scholars, by judges of the U.S. Court of Appeals for the Federal Circuit, and in briefs to the U.S. Supreme Court. Her research envisions an intellectual property system that supports innovation, investment, and competition across all technology areas.
Professor Laser was the World Champion of the Lachs Space Law Moot Court Competition. Prior to law school, she worked as a scientific researcher, where her work studying protein dynamics of photosynthesis using genetically modified bacteria and laser spectroscopy was published in the prestigious journal Science.
Senior Associate, Intellectual Property Litigation, WilmerHale; Associate, Kirkland & Ellis LLP; judicial intern for Chief Judge Randall R. Rader, U.S. Court of Appeals for the Federal Circuit, and Judge Roger W. Titus, U.S. District Court for the District of Maryland; Scientific Researcher, The BioDesign Institute at Arizona State University, Department of BioOptical Nanotechnology.
J.D., The George Washington University Law School (World Champion, International & North American Lachs Space Law Moot Court Competition; Research Assistant, Professor Lawrence Cunningham; Notes Editor, American Intellectual Property Law Association Quarterly Journal); B.S., Arizona State University, Barrett Honors College (Beckman Scholar; Biochemistry Award).
Deputy Counsel, the President
Gary currently is the Deputy Counsel to the President. He was previously a partner at the Dhillon Law Group and worked at the Department of the Interior and Federal Election Commission. He is a native of Virginia, and earned his B.A. and J.D. from the University of Virginia.
Associate Attorney, Gibson, Dunn & Crutcher LLP
Laura Stanley is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. She practices in the firm’s Litigation Department and is a member of the Environmental Litigation and Mass Tort Practice Group. Laura previously served as an economist at the U.S. Environmental Protection Agency where she developed regulations under the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation, and Liability Act.
Laura graduated with high honors from The George Washington University Law School and was awarded Order of the Coif. Laura served as an Articles Editor of the George Washington Law Review, and she was awarded the ABA Gellhorn-Sargentich Award for the best student essay in administrative law. Laura received a Master of Arts degree in Economics from George Mason University and a Bachelor of Arts degree in Economics from James Madison University.
She previously served as a law clerk to the Honorable Ryan D. Nelson of the United States Court of Appeals for the Ninth Circuit and the Honorable Stephen S. Schwartz of the United States Court of Federal Claims.
She is admitted to practice law in the District of Columbia and before the United States Court of Appeals for the Ninth Circuit.
Senior Legal Fellow, The Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Amy Swearer is a leading national expert on a wide range of public policy, legal, and constitutional issues, including the Second Amendment, criminal justice, and mental health policy. She has long been a respected conservative voice on gun policy and is routinely asked to testify before state and federal legislative bodies. Her work on birthright citizenship, meanwhile, has been featured extensively in litigation over the meaning of the Fourteenth Amendment’s Citizenship Clause.
Swearer was formerly a Senior Legal Fellow in the Edwin Meese III Center for Legal & Judicial Studies at the Heritage Foundation. At Heritage, she ran the Defensive Gun Use Database and was the primary author of the e-book “The Essential Second Amendment.” She was also a driving force behind the organization’s School Safety Initiative.
She was the 2022 recipient of the Heritage Foundation’s Joseph Shattan Award for “writing that presents conservative ideas in a powerful and compelling fashion to policymakers and the American people.” She was also named the Second Amendment Institute’s 2022 Gun Rights Champion.
Swearer received her law degree from the University of Nebraska College of Law and was a member of the Nebraska Law Review. She holds a B.S. in Criminology & Criminal Justice from the University of Nebraska, where she was a Chancellor’s Scholar and a goalkeeper on the women’s soccer team
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
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.
Director of the Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute
Daren Bakst is Director of the Competitive Enterprise Institute’s Center for Energy and Environment and a Senior Fellow. In this role, he manages, develops, and leads the coalition, advocacy, and research activities of the Center, which is one of the most effective advocates for Free Market Environmentalism.
Before joining CEI as Deputy Director in March, 2023, Daren was a Senior Research Fellow in Environmental Policy and Regulation at the Heritage Foundation, where he played a leading role in the launch of the organization’s new energy and environment center, and created and hosted the Heritage Foundation’s energy and environment podcast the “PowerCast.” During his decade at Heritage, Daren wrote about energy and environmental policy, food and agricultural policy (including editing and co-authoring the book Farms and Free Enterprise), regulation, and trade among other topics.
Daren also worked on environmental policy and regulation at the U.S. Chamber of Commerce, where he was a policy counsel and served as the executive to the association’s Government Oversight, Operations & Consumer Affairs committee, which was responsible for issues such as regulatory process reform. Daren has significant state level experience, working for seven years at the Raleigh, N.C.-based John Locke Foundation, one of the largest state-based, free-market think tanks. As director of legal and regulatory studies, his broad portfolio included energy and environmental policy, regulatory reform, and property rights.
Daren has testified numerous times before Congress, regularly submits comments to federal agencies and has appeared in or been quoted by a wide range of media outlets such as The Wall Street Journal, USA Today, The Washington Times, CNN, Fox Business News, Al-Jazeera America, and U.S. News and World Report. He is a member of the Federalist Society’s Environmental Law and Property Rights Executive Committee and serves on the College Level Advisory Board for Constituting America, an organization that informs and educates about the importance of the U.S. Constitution.
Daren, who hails from Florida, received his bachelor’s and master’s degrees from George Washington University. A licensed attorney, he holds a law degree from the University of Miami and a master of laws degree from American University.
Government Affairs Director, American Conservation Coalition
Morgan Brummund is the Government Affairs Director for ACC. In this role, she leads ACC’s efforts to advance common-sense environmental and climate solutions on Capitol Hill. Morgan joined ACC from the energy policy world and has spent most of her professional career supporting the U.S. Department of Energy. Morgan was also selected for the 2022-2023 cohort of the Women Leaders in Energy and Climate Fellowship through the Atlantic Council.
Before joining DOE, Morgan worked as an energy policy analyst at the Idaho Governor’s Office of Energy and Mineral Resources. Morgan graduated summa cum laude from Boise State University, where her studies and co-curricular activities focused on the environment, the energy transition, and public policy. While at Boise State, she was selected as the Inaugural Cecil D. Andrus Center Scholar and given the opportunity to support the Idaho Bureau of Land Management’s public lands and NEPA portfolio.
Professor of Law, Georgetown Law
William W. Buzbee is a professor of law at Georgetown University Law Center. In his teaching and scholarship, he specializes in environmental law, legislation and regulation, and administrative law. Recent publications focus on climate regulation, deregulation and law governing agency policy change, and federalism. He also offers seminars on advanced environmental, regulatory, and constitutional law subjects, with his most recent seminar focused on “The Art of Regulatory War.”
Professor Buzbee’s books include the recently published Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War that Transformed New York City (Cornell University Press 2014) and Preemption Choice: The Theory, Law and Reality of Federalism’s Core Question(Cambridge University Press, hardcover 2009, paperback 2011) (William W. Buzbee editor and contributor). He has been a co-author of the 5th , 6th, 7th and forthcoming 8th editions of Environmental Protection: Law and Policy (Aspen/Wolters Kluwer). Law review scholarship includes publications in New York University Law Review, University of Pennsylvania Law Review, Michigan Law Review, Stanford Law Review (co-authored), Cornell Law Review (co-authored), Duke Law Journal (forthcoming), George Washington Law Review, Iowa Law Review, The Journal of Law and Politics and in an array of other journals, books, news outlets, and blogs. Three of his articles have been named among the 10 best environmental or land use law articles of that year and republished in the Land Use and Environment Law Review. He regularly assists with appellate and Supreme Court environmental, federalism, and regulatory litigation, and also has testified before congressional committees on environmental and regulatory matters. He has published op-eds on regulatory and environmental issues with The New York Times, The Hill, CNN, and been quoted and interviewed by numerous press and media outlets.
Professor Buzbee joined Georgetown from Emory Law School, where he was a professor of law and directed its Environmental and Natural Resources Law Program. He also co-directed Emory’s Center on Federalism and Intersystemic Governance. He has been a visiting professor of law at Columbia, Cornell and Illinois law schools. He has also served as a professor for the Leiden-Amsterdam-Columbia Law School Summer Program in American Law. Professor Buzbee is a founding Member Scholar of the Center for Progressive Reform, a Washington D.C.-based regulatory think tank. Professor Buzbee was awarded the 2007-2008 Emory Williams Teaching Award for excellence in teaching. Professor Buzbee clerked for United States Judge Jose A. Cabranes, and before becoming a professor was an attorney-fellow at the Natural Resources Defense Council, and did environmental, land use and litigation work for the New York City law firm, Patterson, Belknap, Webb & Tyler. JD, Columbia Law School, 1986; BA, Amherst College, magna cum laude, 1983.