Special Event: Judge Patrick Bumatay - Judicial Restraint in Modern Originalism
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Judge, United States Court of Appeals, Ninth Circuit
Patrick J. Bumatay was confirmed as a U.S. Circuit Judge for the U.S. Court of Appeals for the Ninth Circuit in December 2019. He is based in San Diego, California.
Prior to his appointment, Judge Bumatay served as an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of California, where he was a member of the Appellate and Narcotics Sections. He also served as a Counselor to the Attorney General on criminal law issues, including on national opioid strategy and combating transnational organized crime. Judge Bumatay has also worked in the Office of the Deputy Attorney General, the Office of the Associate Attorney General, and the Office of Legal Policy at the U.S. Department of Justice. Judge Bumatay has twice received the Attorney General’s Distinguished Service Award.
Judge Bumatay previously worked as an associate at Morvillo, Abramowitz, Grand, Iason, and Bohrer in New York, New York. Judge Bumatay clerked for the Honorable Timothy M. Tymkovich of the U.S. Court of Appeals for the Tenth Circuit and the Honorable Sandra L. Townes of the U.S. District Court for the Eastern District of New York. Judge Bumatay earned his B.A., cum laude, from Yale University and his J.D. from Harvard Law School.
Sterling Professor of Law, Yale Law School
Akhil Reed Amar is Sterling Professor of Law and Political Science at Yale University, where he teaches constitutional law in both Yale College and Yale Law School. After graduating from Yale College, summa cum laude, in 1980 and from Yale Law School in 1984, and clerking for Judge (later Justice) Stephen Breyer, Amar joined the Yale faculty in 1985 at the age of 26. He is Yale’s only living professor to have won the University’s unofficial triple crown — the Sterling Chair for scholarship, the DeVane Medal for teaching, and the Lamar Award for alumni service.
Amar’s work has won awards from both the American Bar Association and the Federalist Society, and he has been cited by Supreme Court justices across the spectrum in more than 50 cases — tops among scholars under age 70. According to both Fred Shapiro’s landmark 2021 study of lifetime scholarly citations and Heinonline’s most recent tabulation of lifetime law-review citations, Amar is America’s second most-cited legal scholar still under age 70. He is a member of the American Academy of Arts and Sciences and has written widely for popular publications, including The New York Times, The Washington Post, The Wall Street Journal, Time, and The Atlantic. He was an informal consultant to the popular TV show The West Wing and his scholarship has been showcased on many broadcasts, including The Colbert Report, Morning Joe, AC360, Velshi, Fox News @ Night with Shannon Bream, Fareed Zakaria GPS, Erin Burnett Outfront, and Constitution USA with Peter Sagal.
He is the author of more than a hundred law review articles and several books, including The Bill of Rights (1998 — winner of the Yale University Press Governors’ Award), America’s Constitution (2005 — winner of the ABA’s Silver Gavel Award), America’s Unwritten Constitution (2012 — named one of the year’s 100 best nonfiction books by The Washington Post), and The Constitution Today (2016 — named one of the year’s top ten nonfiction books by Time magazine). The first volume of his ambitious trilogy on American constitutional history from the Founding to the present, The Words That Made Us: America’s Constitutional Conversation, 1760-1840, came out in May 2021. The second volume, Born Equal: Remaking America’s Constitution, 1840-1920, will be published in September 2025 and is already available for pre-order. All together, his nonfiction books have won two starred reviews from Publishers Weekly and three starred reviews from Kirkus—tops, it is believed, among legal scholars under age 70. Together with Vikram David Amar (YLS ’88), he has a bi-weekly column on the Supreme Court on the distinguished website SCOTUSblog. Along with Andy Lipka, he co-hosts a popular and free weekly podcast, Amarica’s Constitution, whose listeners are eligible for CLE credit in most American jurisdictions. A wide assortment of his articles and op-eds and video links to many of his public lectures and free online courses may be found at akhilamar.com.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Associate Professor of Law, Antonin Scalia Law School at George Mason University
Robert Luther III was appointed Associate Professor of Law in 2025 after serving as Distinguished Professor of Law from 2024-2025 and Adjunct Professor of Law from 2019-2024. He teaches and writes on the federal courts, legal and judicial ethics, political law, Congress, and professional sports. He has served at high levels in all three branches of the federal government and recently founded Constitutional Solutions PLLC—a law firm that navigates judicial candidates, judges, elected officials, professional athletes, and executives through high-stakes hearings, investigations, and reputational attacks.
Immediately before joining the Scalia Law faculty, Professor Luther spent over five years in the Washington, D.C. office of Jones Day, where his practice focused on strategic counseling, crisis management, and litigation. Prior to joining Jones Day, he served as Associate Counsel to the President of the United States in the White House Counsel’s Office. In the White House, he co-managed the judicial selection process and supervised the preparation of over 150 federal judicial nominees for their successful U.S. Senate confirmation hearings. The New York Times Magazine referred to his work on judicial selection during this period as “unique in White House history.” Before joining the White House, Professor Luther served as Counsel to then–U.S. Senator Jeff Sessions (R-Ala.) on the U.S. Senate Judiciary Committee, where he served as a core member of the team that prepared the Senator for confirmation as United States Attorney General. Professor Luther was also a law clerk to Judge Daniel A. Manion of the U.S. Court of Appeals for the Seventh Circuit. Earlier in his career, Professor Luther practiced civil and appellate litigation at a boutique firm in Williamsburg, Va. and taught at William & Mary Law School.
Professor Luther frequently speaks on the legal profession, political law, and federal judicial selection. His public work has been covered by or appeared in The New York Times, The Washington Post, The Wall Street Journal, Bloomberg, Fox News, The Hill, Politico, the Washington Examiner, National Law Journal, Law360, The Washington Reporter, and elsewhere, while his scholarship is published in the law journals of nearly twenty universities including three journals of Harvard University. He holds active law licenses in Virginia, the District of Columbia, the U.S. Supreme Court, and half of the U.S. Courts of Appeals.
In 2025, Virginia Governor Glenn Youngkin appointed Professor Luther to the Board of Visitors to Mount Vernon. He is an elected member of the American Law Institute (ALI) and serves on the Advisory Board of the Wilson Center for Leadership at Hampden-Sydney College. Since 2019, he has helped over 200 of his students secure clerkships with federal judges.
Judge, United States Court of Appeals, Sixth Circuit
Judge Readler earned his undergraduate and law degrees from the University of Michigan. After graduating, he served as a law clerk to Judge Alan Norris of the United States Court of Appeals for the Sixth Circuit. Judge Readler then began practicing law in the Columbus office of the international law firm Jones Day, eventually spending ten years as a partner in the firm’s Issues and Appeals Practice Group. While at Jones Day, Judge Readler appeared in state and federal trial and appellate courts around the country, most frequently the Supreme Court of Ohio and the Sixth Circuit. Judge Readler also successfully argued before the United States Supreme Court in McQuiggin v. Perkins on behalf of an inmate claiming actual innocence. His other pro bono representations include representing capital defendants before the Tenth Circuit and the Supreme Court of Ohio, as well as representing defendants sentenced to life in prison before the Sixth Circuit. While at Jones Day, Judge Readler traveled to Nairobi with Lawyers Without Borders to train Kenyan lawyers in prosecuting domestic violence cases, and he was also a recipient of the American Marshall Memorial Fellowship awarded by the German Marshall Fund of the United States. Following his career in private practice, Judge Readler served as Acting Assistant Attorney General for the Civil Division of the United States Department of Justice from 2017 to 2019. In that role, Judge Readler led and supervised over 1,000 lawyers in the Department’s largest litigating division, briefing and arguing several cases on behalf of the United States in federal courts across the country, including high-profile cases significant to the Administration and the Department. In March 2019, Judge Readler was confirmed to serve as a Circuit Judge on the Sixth Circuit. He resides in Columbus.
Partner, Sullivan & Cromwell LLP
Andrei Iancu is a partner at Sullivan & Cromwell and one of the leading voices in intellectual property law and innovation policy. He is a former Undersecretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), a position to which he was confirmed unanimously by the Senate. Andrei has decades of experience representing plaintiffs and defendants in IP matters across the technical and scientific spectra, including medical devices, genetic testing, therapeutics, the Internet, telephony, TV broadcasting, video game systems and computer peripherals. He represents clients in litigation and trials before the district courts, the U.S. International Trade Commission and the USPTO, the Federal Circuit and U.S. Supreme Court, and also counsels clients on obtaining, licensing, enforcing and defending against IP rights globally.
Executive Director, High Tech Inventors Alliance
David W. Jones is the Executive Director of the High Tech Inventors Alliance. Prior to HTIA, David was Assistant General Counsel for Patent Policy at Microsoft, where he spent more than a decade handling both domestic and international patent issues. He previously held multiple positions on Capitol Hill, most recently as antitrust and IP counsel to Senator Orrin Hatch on the Senate Judiciary Committee. David clerked for Chief Judge Sharon Prost on the Federal Circuit and Judge Will Garwood on the Fifth Circuit and is a graduate of the University of Virginia School of Law.
Principal, Clear IP, LLC
Joseph Matal is the Principal at Clear IP, LLC.
Joe has served as both the U.S. Patent and Trademark’s Acting Director and Acting Solicitor. As Acting Solicitor, he defended the agency in intellectual property cases before the U.S. Court of Appeals for the Federal Circuit and U.S. Supreme Court. In his role in the Solicitor’s Office, he participated in briefing almost every major case involving PTAB trials that has come before the Federal Circuit, including cases that have defined the Board’s powers and the evidence that it may consider, the content of final decisions, and the burdens and scope of motions to amend. Recent cases include Uniloc v. Hulu, Thryv v. Click-to-Call, and Aqua Products v. Matal. Previously, Joe served in senior legal roles for more than a decade for the U.S. Senate Judiciary Committee. In that capacity, he negotiated and drafted many of the key provisions of the America Invents Act.
In his roles at the USPTO, Joe briefed and argued numerous appeals of patent and trademark decisions before the Federal Circuit; oversaw the management of the USPTO and its 13,000 employees; and advised the U.S. Solicitor General’s Office in key IP cases before the Supreme Court.
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.
Partner, Patrick Doerr
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.
Partner, Torridon Law
Pat Cipollone most recently served as Counsel to the President for President Donald J. Trump, where he managed and led legal strategy on matters throughout the Administration and provided counsel on issues of highest national importance in the federal government.
Pat has a distinguished record of service as counsel in a broad variety of complex legal matters. For most of his career, Pat was a senior partner in the Washington, D.C. office of Kirkland & Ellis LLP. After Kirkland & Ellis, Pat became a member of the Management Committee and head of the litigation practice at Stein Mitchell Cipollone Beato & Missner LLP, a leading litigation firm based in Washington, D.C.
Throughout his career, Pat has served as counsel in a broad variety of cases including complex litigation matters and class actions; significant investigations and regulatory disputes involving state and federal agencies; consumer fraud and insurance litigation and investigations; product liability cases; constitutional cases; complex contract and commercial disputes; business torts; campaign finance; corporate crisis matters; health care matters; and large construction disputes. Most recently, Pat served as lead counsel for the defense in the third presidential impeachment trial in U.S. history.
Pat graduated from the University of Chicago Law School, where he was managing editor of the Chicago Law Review. He received his undergraduate degree from Fordham University.
U.S. District Court for the Northern District of Texas
Reed Charles O'Connor is a federal judge on the United States District Court for the Northern District of Texas. He joined the court in 2007 after being nominated by President George W. Bush.
A native of Houston, Texas, O'Connor graduated from the University of Houston with his bachelor's degree in 1986 and from South Texas College of Law with his J.D. in 1989.
General Counsel, xAI and X
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Associate Attorney General, Department of Justice
Stanley E. Woodward, Jr. was nominated by President Donald J. Trump and confirmed by the U.S. Senate to serve as the Associate Attorney General of the United States in October 2025. As the third highest-ranking official at the Department of Justice, Mr. Woodward assists the Attorney General and Deputy Attorney General with overseeing DOJ civil matters and components, including the Antitrust, Civil, Civil Rights, and Environmental and Natural Resources Divisions, as well as the Department’s grant-making components. Prior to his confirmation as Associate Attorney General, Mr. Woodward served as Counselor to Attorney General Pam Bondi. Before his tenure at the Department of Justice, Mr. Woodward served as Assistant to the President and Senior Counselor to President Donald J. Trump at the White House. Prior to entering federal service, Mr. Woodward was in private practice as a high-profile litigator and co-founder of Brand Woodward Law, LP where he represented numerous prestigious clients in complex, high-stakes litigation, including multiple federal jury trials. Previously, he worked at a top international law firm where his experience included the representation of multiple international corporations in defense of alleged violations of the U.S. Foreign Corrupt Practices Act as well as serving as coordinating counsel to companies involved in nationwide federal litigation.
Mr. Woodward has served as an adjunct professor with The Catholic University of America, Columbus School of Law, where he taught labor and employment law, trial advocacy, and complex civil litigation. Mr. Woodward began his legal career clerking for multiple judges on the D.C. Court of Appeals and the D.C. Superior Court. Mr. Woodward obtained his Juris Doctor from the Catholic University of America Columbus School of Law and earned a Bachelor of Arts and a Master of Science from American University.
Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime
Marc A. Levin is the Chief Policy Counsel for the Council on Criminal Justice (counciloncj.org) and Senior Advisor for Right on Crime.
An attorney and accomplished author on legal and public policy issues, Marc began the Foundation’s criminal justice program in 2005. This work contributed to nationally praised policy changes that have been followed by dramatic declines in crime and incarceration in Texas. Building on this success, in 2010, Levin developed the concept for the Right on Crime initiative, a TPPF project in partnership with Prison Fellowship and the American Conservative Union Foundation. Right on Crime has become the national clearinghouse for conservative criminal justice reforms and has contributed to the adoption of policies in dozens of states that fight crime, support victims, and protect taxpayers.
In 2014, Levin was named one of the “Politico 50” in the magazine’s annual “list of thinkers, doers, and dreamers who really matter in this age of gridlock and dysfunction.”
Marc has testified on criminal justice policy on four occasions before Congress and has testified before legislatures in states including Texas, Nevada, Kansas, Wisconsin, and California. He also has met personally with leaders such as U.S. Presidents, Speakers of the House, and the Justice Commtitee of the United Kingdom Parliament to share his ideas on criminal justice reform. In 2007, he was honored in a resolution unanimously passed by the Texas House of Representatives that stated, “Mr. Levin’s intellect is unparalleled and his research is impeccable.”
Since 2005, Marc has published dozens of policy papers on topics such as sentencing, probation, parole, reentry, and overcriminalization which are available on the TPPF website. Levin’s articles on law and public policy have been featured in publications such as the Wall Street Journal, USA Today, Texas Review of Law & Politics, National Law Journal, New York Daily News, Jerusalem Post, Toronto Star, Atlanta Journal-Constitution, Philadelphia Inquirer, San Francisco Chronicle, Washington Times, Los Angeles Daily Journal, Charlotte Observer, Dallas Morning News, Houston Chronicle, Austin American-Statesman, San Antonio Express-News and Reason Magazine.
In 1999, Marc graduated with honors from the University of Texas with a B.A. in Plan II Honors and Government. In 2002, Marc received his J.D. with honors from the University of Texas School of Law. Marc was a Charles G. Koch Summer Fellow in 1996. He served as a law clerk to Judge Will Garwood on the U.S. Court of Appeals for the Fifth Circuit and Staff Attorney at the Texas Supreme Court.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Founder & President, Due Process Institute
Shana founded the Due Process Institute because, after years of first-hand defense work and criminal legal reform advocacy, she became convinced that the Constitution needed and deserved its own lobbying firm--particularly in the area of procedural due process rights.
With 20 years of project management, lobbying, legal defense, and teaching experience, Shana's goal is to achieve meaningful solutions to as many of these problems, in the shortest amount of time possible, for the betterment of as many people as possible, as well as to prevent any of it from getting worse on her watch.
Chancellor’s Professor of Law, UC Irvine School of Law
Professor Simons is a leading scholar of tort law, criminal law, and law and philosophy and Co-director of the Center for Legal Philosophy. He has served since 2014 as Chief Reporter for the American Law Institute’s Restatement Third of Torts: Intentional Torts to Persons. In January 2019, he was the recipient of the 2019 William L. Prosser Award by the Association of American Law Schools Section on Torts and Compensation Systems, which recognizes “outstanding contributions of law teachers in scholarship, teaching and service” related to tort law and compensation systems.
Professor Simons has published influential scholarship concerning consent, assumption of risk and contributory negligence; the nature and role of mental states in criminal, tort and constitutional law; and negligence as a moral and legal concept. He has also explored such topics as bias crimes, corrective justice, the logic of egalitarian norms, mistake and impossibility in criminal law, and strict criminal liability.
Before joining UC Irvine School of Law, Prof. Simons was Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar in Law at Boston University School of Law. He was a law clerk to U.S. Supreme Court Justice Thurgood Marshall and to Judge James L. Oakes, U.S. Court of Appeals for the Second Circuit. Prof. Simons also worked as an associate at Goodwin, Procter & Hoar in Boston, in the field of civil litigation. He received his J.D. from Michigan Law School, magna cum laude, and graduated from Yale University, summa cum laude, with a B.A. in philosophy.
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.