Amy Gajda, Tulane Law School’s Class of 1937 Professor of Law, is a journalist turned lawyer recognized internationally for her expertise in privacy and media law. Much of her scholarship explores the tensions between social regulation and First Amendment values, particularly the shifting boundaries of press freedoms and rising public anxieties about the erosion of privacy.
Viking published Gajda’s Seek and Hide: The Tangled History of the Right to Privacy in 2022 to significant critical acclaim. The New York Times called it “wry and fascinating” and named it as one of the 100 most notable books of the year; the courts of the United States Court of Appeals for the Seventh Circuit chose it as the Circuit’s inaugural “One Court. One Book” summer reading for 2022. Harvard University Press published her two earlier books, The First Amendment Bubble and The Trials of Academe.
Gajda’s scholarly articles have appeared in journals that include the American Historical Review, California Law Review, Georgia Law Review, Indiana Law Journal, and Washington Law Review; and, in addition to a number of chapter contributions, she is an author of the leading casebooks Media Law (Foundation Press) and Law and Higher Education (Carolina Academic Press). Gajda is also currently serving as an advisor on the American Law Institute’s new Restatement on Defamation and Privacy, a multi-year project.
On the journalism side, Gajda’s opinion pieces have appeared in The New York Times, Wired, Slate, Time, the Daily Beast, and the New York Daily News, among others, and she is regularly quoted and appears in media including The Guardian, The New Yorker, Marketplace, C-SPAN, and the CBS Morning News. Her weekly commentaries on legal issues aired on Illinois Public Radio stations and won seven Associated Press awards.
As a first-generation college student, Gajda is a particularly proud winner of both the Felix Frankfurter Award for Distinguished Teaching, Tulane Law School’s highest teaching honor, and the Tulane President's Award for Excellence in Teaching, Tulane University’s highest teaching honor.
Before joining Tulane’s faculty in 2010, Gajda worked as a television news anchor and reporter in cities mainly in the Northeast. After attending law school in Detroit, the city where she grew up, she practiced law in Washington, D.C., and thereafter held faculty appointments in the law and journalism schools at the University of Illinois. She’s been a visiting professor at Brooklyn Law School and at several universities in Europe and Asia, teaching mainly privacy law and media law. She has chaired the Association of American Law Schools’ Section on Defamation and Privacy and its Section on Communication, Media & Information Law, and also led the Law and Policy Division of the Association for Education in Journalism and Mass Communication.
Robert J. Rando is a partner at Patrick | Doerr, where he brings over three decades of experience in intellectual property, complex commercial litigation, and appellate advocacy. His practice spans patent and trademark litigation, constitutional and administrative law, and high-stakes federal litigation across a wide spectrum of industries and technologies.
Mr. Rando has represented clients in matters involving computer hardware and software, silicon chip manufacturing, biotechnology, medical devices, pharmaceuticals, chemical compounds, food additives, alternative energy, AI, autonomous vehicles, blockchain, consumer electronics, communications, internet, and e-commerce. He has appeared in courts across the country, including the Southern and Eastern Districts of New York and multiple U.S. Courts of Appeals.
As appellate counsel, Mr. Rando has served as counsel of record or co-counsel in more than 30 amicus briefs filed before the U.S. Supreme Court and Federal Circuit on issues of patent law, statutory interpretation, separation of powers, and constitutional law. Noteworthy filings include eBay Inc. v. MercExchange (2006), Oil States v. Greene’s Energy (2017), American Axle v. Neapco (2021), Amgen v. Sanofi (2023), and Cellect v. Vidal (2024).
Mr. Rando is a Fellow of the Academy of Court-Appointed Masters, having served by judicial appointment as Special Master in numerous complex patent cases, including multi-day Markman hearings and post-discovery proceedings. He also serves as a court-appointed Mediator and Neutral in both patent and commercial disputes.
He has played an active role in judicial and legislative engagement. Mr. Rando co-developed and conducted lecture series for the SDNY and EDNY Patent Pilot Program Judges and Clerks, covering the America Invents Act and Section 101 eligibility post-Alice and Mayo. He represented both the Federal Bar Association (FBA) and New York Intellectual Property Law Association (NYIPLA) at the Tillis/Coons Section 101 Patent Reform Roundtable, and submitted written testimony to the U.S. Senate Judiciary Committee in 2019.
Mr. Rando is a former president of the NYIPLA (2023–2024) and has held nearly every leadership position in the organization. He also served as Chair of the FBA’s Intellectual Property Law Section and was a founding member and president of the FBA’s EDNY Chapter. He is a founding member of the Association of Amicus Counsel, and an active contributor to the Federalist Society IP Practice Group Executive Committee.
He frequently lectures at CLE programs, universities, and legal associations on IP, constitutional law, and appellate advocacy. He has been quoted extensively in publications such as Law360, Bloomberg Law, WIPR, and National Law Journal. His scholarly publications include articles in The Federal Lawyer, Touro Law Review, and IPWatchdog.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Biography
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.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Biography
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.
Michael R. Klein Professor of Law, Harvard Law School
Biography
Randall Kennedy is Michael R. Klein Professor at Harvard Law School where he teaches courses on contracts, criminal law, and the regulation of race relations. He was born in Columbia, South Carolina. For his education he attended St. Albans School, Princeton University, Oxford University, and Yale Law School. He served as a law clerk for Judge J. Skelly Wright of the United States Court of Appeals and for Justice Thurgood Marshall of the United States Supreme Court. He is a member of the bar of the District of Columbia and the Supreme Court of the United States. Awarded the 1998 Robert F. Kennedy Book Award for Race, Crime, and the Law, Mr Kennedy writes for a wide range of scholarly and general interest publications. His other books are For Discrimination: Race, Affirmative Action, and the Law (2013), The Persistence of the Color Line: Racial Politics and the Obama Presidency (2011), Sellout: The Politics of Racial Betrayal (2008), Interracial Intimacies: Sex, Marriage, Identity, and Adoption (2003), and Nigger: The Strange Career of a Troublesome Word (2002). A member of the American Law Institute, the American Academy of Arts and Sciences, and the American Philosophical Association, Mr. Kennedy is also a Trustee emeritus of Princeton University.
Managing Partner - Washington, D.C., Lewis Brisbois Bisgaard & Smith LLP
Biography
Jane Luxton is the Managing Partner of Lewis Brisbois’ Washington, D.C. office, co-chair of the Government Investigations & White Collar Defense Practice, co-chair of the Government Relations Group Leadership, co-chair of the Environmental and Administrative Law Practice, and vice-chair of the Consumer Financial Services Practice. Jane has extensive experience in environmental as well as other federal regulatory, policy, and litigation matters. She advises businesses, associations, and coalitions in navigating all levels of the federal regulatory process, including appellate advocacy.
Recent matters include:
Advising a major national company on advocacy efforts before the U.S. Department of Energy
Representing a multinational company in environmental litigation relating to the largest Superfund site in U.S. history
Leading and arguing an appellate challenge in the D.C. Circuit on administrative law grounds on behalf of companies and associations opposing a Securities and Exchange Commission final rule
Advising national trade associations in two major rulemaking proceedings before the Consumer Financial Protection Bureau, and representing a consumer financial services provider in a CFPB enforcement proceeding
Representing a national trade association in federal environmental regulatory matters concerning chemically treated products and recycled materials
Serving as “first chair” in a two-day arbitration trial before a federal Board of Appeals
Jane’s knowledge of environmental and administrative law gained key insights from her experience serving in several prominent positions in the U.S. government. From 2007-2009, she served as general counsel of the National Oceanic and Atmospheric Administration, advising the Undersecretary of Commerce for Oceans and Atmosphere on legal and policy issues related to natural resource damages, coastal zone and fisheries management, endangered species and marine mammal protection, and weather and climate change science. In this role, in which she held a top secret/SCI security clearance, Jane was appointed by the President to head the U.S. delegation to the 2008 Western and Central Pacific Fisheries Commission. She also received the U.S. Department of Commerce Gold Medal Award in 2008 and 2009.
Jane’s experience includes “first chair” prosecution of antitrust and other criminal cases at the U.S. Department of Justice and U.S. Attorneys office, Eastern District of Virginia. In private practice, Jane has represented clients in grand jury and other government investigations.
The Honorable Paul J. Ray is currently Of Counsel at Covington & Burling LLP where he advises clients on regulatory opportunities and challenges and helps them formulate and execute advocacy strategies for their regulatory policy priorities before the executive branch and Congress.
During the first Trump Administration, Paul held various senior positions at the Office of Information and Regulatory Affairs (OIRA) within the White House’s Office of Management and Budget, including as acting, and then Senate-confirmed, head of the office. As OIRA Administrator (the "regulations czar"), Paul supervised the review of hundreds of regulations from across the government, drafted numerous executive orders governing the regulatory process, and led the Administration’s regulatory reform effort. As a result of this experience, Paul is well-positioned to help clients understand and achieve regulatory policy priorities in the context of the government’s regulatory agenda and ongoing reform efforts.
Most recently, Paul was also the Director of the Roe Institute for Economic Policy Studies at The Heritage Foundation. In that role, he supervised the formulation of the Foundation’s economic and regulatory policy recommendations and provided technical assistance to congressional committees and staff regarding legislative changes to the regulatory process. In addition to his role at The Heritage Foundation, Paul also served as a Senior Advisor at a strategic advisory firm. Before his time in government, Paul practiced law at a law firm in Washington, specializing in administrative law matters.
Prior to his role at the White House, Paul was Counselor to the Secretary at the U.S. Department of Labor. There he led departmental efforts in high-profile rulemakings and helped formulate the Department’s legal positions and strategy.
Paul served as a law clerk to Supreme Court Justice Samuel Alito and as a law clerk to the Honorable Debra Livingston of the U.S. Court of Appeals for the Second Circuit.
Paul is a thought leader in the conservative legal movement and is a frequent commentator and speaker on regulatory policy and reform matters, including at law schools, professional gatherings, and other venues. He is the Chairman of Innovations in Peacebuilding International and the Regulatory Process Working Group of the Federalist Society’s Regulatory Transparency Project and a public member of the Administrative Conference of the United States. Paul is also an adjunct lecturer at the Hillsdale College School of Government.
District Judge, United States District Court, District of Kansas
Biography
The President nominated Toby Crouse to become a judge for the United States District Court for the District of Kansas on May 21, 2020. The Senate confirmed his nomination on November 17, 2020. President Trump signed his commission on December 2, 2020. He was sworn in December 8, 2020.
From 2018 to 2020, Judge Crouse served as the Solicitor General for the State of Kansas. In that role, he presented two arguments to the United States Supreme Court, Kahler v. Kansas, 140 S. Ct. 1021 (2020), and Kansas v. Glover, 140 S. Ct. 1183 (2020). In addition, he established a solo practice focusing on appellate and constitutional litigation.
Before representing the State of Kansas, he maintained a private practice for fifteen years. Both during law school and after graduation, he worked with and learned from the lawyers at Foulston Siefkin LLP, where he was a partner for seven years, Shook, Hardy & Bacon, LLP, and Bremyer & Wise, LLC (now Wise & Reber, L.C.).
Following law school, Judge Crouse served as a law clerk to two federal judges. From 2002 to 2003, he clerked for the Honorable Mary Beck Briscoe of the United States Court of Appeals for the Tenth Circuit. He clerked for the Honorable Monti L. Belot of the United States District Court for the District of Kansas from 2000 to 2002.
Judge Crouse is a lifelong Kansan. He obtained his law degree from the University of Kansas School of Law and his undergraduate degree from Kansas State University.
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Duke University School of Law J.D. and L.L.M. in International and Comparative Law, Order of the Coif, magna cum laude, 1997
Cornell University B.A., Phi Beta Kappa, magna cum laude, 1993
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Biography
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Professor of Law, Northwestern University Pritzker School of Law
Biography
Joshua Kleinfeld teaches and writes about political, legal, and moral philosophy, criminal law, and criminal procedure. He also practices law in Northwestern's Juvenile Criminal Defense Clinic. He is a full professor with tenure at the Northwestern Pritzker School of the Law and (by courtesy) in Northwestern’s philosophy department. In 2017-18, he was a visiting professor at Harvard and Stanford Law Schools. He is the recipient of the Bator Award, given annually to one American law professor under the age of 40 who has demonstrated "excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact."
In philosophy, Kleinfeld's research focuses on the idea of "embodied ethical life," as developed in the socio-theoretic tradition of Hegel, Weber, and Durkheim. This tradition aims to understand and critique social life by bringing to light the normative ideas implicit in social practices and institutions. In law, this means that the most interesting philosophical concepts are often those reflected or actualized in legal practice – in the law as judges and lawyers think of it and wield it.
In criminal law and procedure, Kleinfeld has developed a theory known as "reconstructivism," which holds that the chief office of criminal law is not to dole out retributive justice, nor to optimize crime and cost control, but to reconstruct a violated normative order in the wake of a crime. This work, which draws on the thought of Hegel, Durkheim, Jean Hampton, and Antony Duff, develops an alternative to retributive and utilitarian theories of criminal law by focusing on the distinctive social function and sense of justice at work in the criminal system.
Kleinfeld is also involved in practical criminal justice reform. In this vein, he defends children accused of homicide in the Northwestern Juvenile Criminal Defense clinic and assists in litigation efforts meant to reform American criminal law through the courts. He has also developed a view of criminal justice reform known as "democratization," which holds that the root of the American criminal justice crisis is a set of bureaucratic attitudes, structures, and incentives divorced from the American public’s concerns and sense of justice, and that the primary solution is to make criminal justice more community-focused and responsive to lay influences. Working with others, he has developed a number of policy proposals meant to reform American criminal justice in a democratic direction.
Kleinfeld holds a JD from Yale Law School, a PhD in philosophy from the Goethe University of Frankfurt (supervised by Axel Honneth, Klaus Günther, and Rainer Forst), and a BA in philosophy from Yale College. He clerked for Judge J. Harvie Wilkinson on the United States Court of Appeals for the Fourth Circuit; Judge Janice Rogers Brown on the United States Court of Appeals for the D.C. Circuit; and President (chief justice) Aharon Barak of the Supreme Court of Israel. He worked as an Associate at Debevoise & Plimpton LLP in Frankfurt, Germany, in the area of corporate criminal law. Before law school, he worked as a Senior Research Analyst at the White House’s Council on Bioethics.
Carter Burwell is a litigation counsel based in the Washington, D.C. office of Debevoise & Plimpton and a member of the firm’s White Collar & Regulatory Defense practice. His practice focuses on white collar criminal defense, government investigations and internal investigations, and national security matters.
Mr. Burwell joins Debevoise with more than 15 years of experience in senior roles across the federal government. Most recently, Mr. Burwell served as Counselor to the Secretary of the Treasury for Terrorism and Finance Intelligence, where he advised on matters involving financial sanctions and illicit finance, international corruption and human rights abuses and digital assets. At Treasury, Mr. Burwell worked directly with the National Security Council, other senior executive branch officials, foreign leaders and the private sector to develop and implement policies to protect domestic and international financial systems from national security threats. He also participated in the CFIUS review process and advanced anti-money laundering reforms under the Bank Secrecy Act.
Prior to his role at the Treasury Department, Mr. Burwell served as one of the top lawyers on the U.S. Senate Judiciary Committee, including as Chief Counsel to former Assistant Majority Leader and U.S. Senator John Cornyn and as Counsel to former Chairman and U.S. Senator Chuck Grassley. In the Senate, Mr. Burwell worked on bipartisan efforts to modernize national security and technology laws, reform the criminal justice system and conduct rigorous oversight of government officials and the private sector on matters of national consequence. Mr. Burwell also served as an Assistant U.S. Attorney in the Violent Crime and Terrorism Unit in the U.S. Attorney's Office in the Eastern District of New York (EDNY) and in the National Security and International Crimes Unit in the U.S. Attorney’s Office in the Eastern District of Virginia (EDVA). As a federal prosecutor at EDNY and EDVA, Mr. Burwell supervised and participated in a wide variety of investigations and prosecutions involving international and domestic terrorist groups, international cartels and racketeering organizations, as well as financial and cyber crimes. He successfully tried numerous cases to verdict and briefed and argued appeals in the U.S. Court of Appeals.
Earlier on in his career, Mr. Burwell served as a law clerk to U.S. District Court Judge Gleeson, now a Debevoise litigation partner, before going on to clerk on the U.S. Court of Appeals for the D.C. Circuit for the Hon. Judge Karen Henderson. Mr. Burwell was also a litigation associate at another international law firm.
He received his J.D. from the University Virginia School of Law in 2002, an M.Phil from the University of Cambridge in 1998, and his B.A. from Columbia College in 1996.
