Dobbs and the Future of Substantive Due Process
Jacksonville Lawyers Chapter
Duval County Courthouse - Jury Assembly Room501 W Adams St
Jacksonville, FL 32202
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James Wilson Endowed Professor, Pepperdine University
In law school, Robert Pushaw served as Notes Editor of the Yale Law Journal and received an Olin Foundation Fellowship. After graduation, he clerked for Judge James Buckley of the US Court of Appeals for the DC Circuit, then worked as an employment lawyer for Davis Wright Tremaine in Seattle.
Joining the University of Missouri School of Law faculty in 1992, Professor Pushaw taught Constitutional Law, Federal Courts and Contracts. In 1998, he won the Blackwell Sanders Distinguished Faculty Achievement Award as the law school's top teacher. In 2000, Pushaw received the William Kemper Fellowship for Teaching Excellence, the University of Missouri's highest teaching honor. He came to Pepperdine in 2001, and won the School of Law's Annual Teaching Award in 2007.
T. Terrell Sessums and Gerald Sohn Professor in Constitutional Law, University of Florida Levin College of Law
Professor Wright joined the Levin College of Law in 1998 and serves as the T. Terrell Sessums and Gerald Sohn Professor in Constitutional Law. At UF Law she has taught various subjects including, constitutional law, property, trusts and estates, legal history, feminist theory, constitutional law of property, and theories of property. As a legal historian, her research has delved into 19th century English divorce and marriage law, 19th century American property rights involving railroads and utilities, and women’s rights and constitutional protections in the 19th and early 20th centuries. She has written extensively, including several book chapters, on recreational trails and rails-to-trails conversions, on the history of English family law, on the Equal Rights Amendment, on constitutional takings law, on the logistics of drone delivery systems, and on the necessity for legal reforms in intestacy and probate law to better address land loss and the heirs’ property problem. Professor Wright has written dozens of articles, published in journals as diverse as the Iowa Law Review, the William & Mary Bill of Rights Journal, the Columbia Journal of Gender and the Law, Environmental Law, the Wisconsin Law Review, the Australia Journal of Legal History and Hawwa: Journal of Women of the Middle East and the Islamic world. She has written two chapters, on transfer-on-death deeds and on rail-trail conversions, for the preeminent property treatise, Powell on Real Property. And her empirical work on testate and intestate distributions has earned her a grant from the ACTEC foundation, as well as acclaim in the probate and trusts field. Her articles have tackled child custody in England; religion, law and women’s rights in India; the ratification issues in the Equal Rights Amendment; and the property rights in a drone delivery highway. She has authored a popular Trusts and Estates casebook and co-authored a skills book for introducing students to the practice of trusts and estates and a chapter in a forthcoming Disaster Law Handbook. Her most recent book is on the noted Chancery case in which the Romantic poet, Percy Bysshe Shelley, lost custody of his children because of his revolutionary and atheistic writings. And her work has been cited by the U.S. Supreme Court and numerous federal and state courts.
Wright has taught at the Arizona State University Law School, Indiana University School of Law at Indianapolis, and Georgetown Law Center. She received a B.A. in English Literature from Cornell University, an M.A. in English Literature from the University of Arizona, an M.A. in Liberal Education from St. John’s College, a J.D. from Cornell University, and a Ph.D. in Political Science from Johns Hopkins University. She is also serving as the co-director of the Center for Governmental Responsibility, the largest and oldest public policy law center in Florida.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Tocqueville Associate Professor Department of Political Science and Concurrent Associate Professor of Law, University of Notre Dame Law School
Vincent Phillip Muñoz is the Tocqueville Associate Professor of Religion & Public Life in the Department of Political Science at the University of Notre Dame. He is the founding director of Notre Dame's undergraduate minor in Constitutional Studies and directs Notre Dame's Tocqueville Program for Inquiry into Religion and Public Life.
Muñoz writes and teaches across the fields of constitutional law, American politics, and political philosophy with a focus on religious liberty and the American Founding. His first book, God and the Founders: Madison, Washington, and Jefferson (Cambridge University Press, 2009) won the Hubert Morken Award from the American Political Science Association for the best publication on religion and politics in 2009 and 2010. His First Amendment church-state case reader, Religious Liberty and the American Supreme Court: The Essential Cases and Documents (Rowman & Littlefield) was first published in 2013 (revised edition, 2015) and is being used at Notre Dame and other leading universities.
Muñoz's current project is a scholarly monograph on the natural right of religious liberty and the original meaning of the First Amendment's Religion Clauses. Articles from that project have appeared in American Political Science Review, The Harvard Journal of Law and Public Policy, Notre Dame Law Review, American Political Thought, and the University of Pennsylvania's Journal of Constitutional Law.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
Senior Legal Fellow and Manager, National Security Law Program, The Heritage Foundation
Charles “Cully” Stimson is a widely recognized expert in national security, homeland security, crime control, drug policy and immigration. A senior legal fellow at The Heritage Foundation since 2007, Stimson became Manager of the National Security Law Program in Heritage’s Institute for Constitutional Government in April 2013 after serving as Heritage’s chief of staff for a year.
Stimson writes and lectures on policy issues such as the law of armed conflict, terrorist detainee policy and interrogations, the Geneva Conventions, military commissions, the Patriot Act and FISA, criminal law and the death penalty, immigration and the war on drugs. As chief of staff to then-Heritage President Edwin J. Feulner, he was a key adviser on public policy matters as well as manager of Feulner’s office staff and Heritage’s day-to-day operations.
Stimson’s many research papers, op-eds and articles include special reports such as “Adult Time for Adult Crime,” a comprehensive study on the constitutionality of life sentences for teen-age murderers, and Sexual Assault in the Military: Understanding the Problem and How to Fix It, a ground-breaking paper detailing the inner workings of the military justice system compared to its civilian counterpart. His work on criminal and immigration law has been cited in briefs before the U.S. Supreme Court.
He testifies before the U.S. Senate and House on national security issues, and recently testified before the Senate Armed Services Committee on the Law of Armed Conflict, Law of War, and the 2001 Authorization for Use of Military Force.
Before joining the think tank in 2007, Stimson served as Deputy Assistant Secretary of Defense for Detainee Affairs. He advised then-Secretaries of Defense Donald Rumsfeld and Robert Gates and coordinated the Pentagon’s global detention policy and operations, including at Guantanamo Bay and in Iraq and Afghanistan. He was chairman of detainee-related panels such as the Defense Senior Leadership Oversight Committee, and the Special Detainee Follow Up Group. He represented the United States before the U.N. in Geneva, Switzerland in May 2006 where he led the DOD delegation in defense of the United States’ Second Period Report on the Convention Against Torture.
An accomplished trial lawyer, Stimson worked as a prosecutor at the local, state and federal levels, where he concentrated on violent crimes such as homicide, sexual assault and domestic violence. A third generation naval officer, Cully also served as a military prosecutor, defense counsel, and recently served as Deputy Chief Judge of the Navy-Marine Corps Trial Judiciary. He continues to serve, with the rank of Captain, as the Commanding Officer of the Preliminary Hearing Unit.
Stimson’s thousands of media interviews and appearances include Fox News Channel, MSNBC, CNN, BBC, NPR and C-SPAN. He has been quoted by most major newspapers, including The Washington Post, Wall Street Journal, New York Times, Los Angeles Times, and London Times.
A businessman and educator by training, Stimson is Vice Chairman of his family’s commercial real estate company in Seattle. Before 9/11, he was a Vice President at a New York-based global financial services and insurance brokerage firm where ran the private equity mergers and acquisitions D.C. operation.
Stimson holds a law degree from the George Mason University School of Law, where he later taught as an Adjunct Professor of Law. He is a graduate of Kenyon College, where he was Captain of the men’s varsity soccer team and an All-Conference player. He also studied at Harvard and Exeter universities. An avid soccer player and triathlete, he serves as Chairman of the Board of the United States Soccer Foundation, the charitable giving arm of U.S. Soccer.
Vice President, Kathryn and Shelby Cullom Davis Institute for National Security and Foreign Policy, and the E. W. Richardson Fellow, The Heritage Foundation
James Jay Carafano, a leading expert in national security and foreign policy challenges, is the vice president of Heritage's Kathryn and Shelby Cullom Davis Institute for National Security and Foreign Policy and the E. W. Richardson Fellow.
Carafano is an accomplished historian and teacher as well as a prolific writer and researcher. His most recent publication is an e-book, “Surviving the End”, which addresses emergency preparedness. He also authored “Wiki at War: Conflict in a Socially Networked World” (Texas A&M University Press, 2012), a survey of the revolutionary impact of the Internet age on national security. He was selected from thousands to speak on cyber warfare at the 2014 South by Southwest (SXSW) Interactive Conference in Austin, Texas, the nation’s premier tech and social media conference.
Before assuming responsibility for Heritage’s entire defense and foreign policy team in December 2012, Carafano had served as deputy director of the Davis Institute as well as director of its Douglas and Sarah Allison Center for Foreign Policy Studies since 2009.
His recent research has focused on developing the national security required to secure the long-term interests of the United States -- protecting the public, providing for economic growth and preserving civil liberties.
He is editor of a book series, The Changing Face of War, which examines how emerging political, social, economic and cultural trends will affect the nature of armed conflict. From 2012 to 2014, he served on the Homeland Security Advisory Council convened by the secretary of the U.S. Department of Homeland Security.
Carafano, a 25-year Army veteran with a master’s and doctorate from Georgetown University, joined Heritage in 2003 as a senior research fellow in homeland security and missile defense. He worked with Kim R. Holmes, his predecessor as vice president and director of Davis Institute, to produce Heritage’s groundbreaking documentary film “33 Minutes: Protecting America in the New Missile Age.”
Carafano now directs Heritage's team of foreign and defense policy experts in three centers on the front lines of international affairs: the Allison Center, the Asian Studies Center, the Margaret Thatcher Center for Freedom, and the Center for National Defense.
Carafano also is president of a nonprofit organization, Esprit de Corps, which educates the public about veteran affairs. In this capacity he co-produced and co-wrote the documentary “Veteran Nation,” an official selection of the 2013 G.I. Film Festival.
Before coming to Heritage, Carafano was a senior fellow at the Center for Strategic and Budgetary Assessments, a Washington policy institute dedicated to defense issues.
In his Army career, Carafano rose to the rank of lieutenant colonel. He served in Europe, Korea and the United States. His assignments included head speechwriter for the Army Chief of Staff, the service's highest-ranking officer. Before retiring, Carafano was executive editor of Joint Force Quarterly, the Defense Department's premiere professional military journal.
A graduate of West Point, Carafano holds a master's degree and a doctorate from Georgetown University as well as a master's degree in strategy from the U.S. Army War College.
He is an adjunct professor at Georgetown University and serves as a visiting professor at National Defense University. He currently sits on the Board of Advisors for Daniel Morgan Academy. He previously served as an assistant professor at the U.S. Military Academy in West Point, N.Y., and as director of military studies at the Army's Center of Military History. He taught at Mount Saint Mary College in New York and was a fleet professor at the U.S. Naval War College.
He is the co-author with Paul Rosenzweig of Winning the Long War: Lessons from the Cold War for Defeating Terrorism and Preserving Freedom (2005). The authors, first to coin the term “the long war,” argued that a successful strategy requires a balance of prudent military and security measures, continued economic growth, zealous protection of civil liberties and prevailing in the “war of ideas” against terrorist ideologies.
Carafano also co-authored a textbook, Homeland Security (McGraw-Hill, second edition 2012), designed as a practical introduction to everyday life in the era of terrorism. The textbook addresses such key details as the roles of first responders and volunteers, family preparedness techniques and in-depth looks at weapons of mass destruction.
His other works include Private Sector/Public Wars: Contracting in Combat--Iraq, Afghanistan and Future Conflicts (2008); G.I. Ingenuity: Improvisation, Technology and Winning World War II (2006); Waltzing Into the Cold War (2002); and After D-Day (2000), a Military Book Club main selection.
As an expert on foreign affairs, defense, intelligence and homeland security issues, Carafano has testified many times before Congress.
He is a regular guest analyst for the major U.S. network and cable television news organizations, from ABC to Fox to MSNBC to PBS, as well as such outlets as National Public Radio, Pajamas TV, Voice of America and the History Channel. From SkyNews to Al Jazeera, he also has appeared on TV news programs originating in Australia, Austria, Canada, China, Estonia, France, Great Britain, Greece, Hong Kong, Ireland, Iran, Japan, Norway, Poland, Portugal, Russia, Spain, Sweden and Vietnam.
Carafano’s op-ed columns and commentary are published widely, including the Baltimore Sun, Boston Globe, New York Post, Philadelphia Inquirer, USA Today and Washington Times in addition to Forbes.
He served on the board of trustees of the Marine Corps University Foundation and advisory boards for the West Point Center of Oral History, the Hamilton Society, the Spirit of America, and the Operation Renewed Hope Foundation, which serves homeless veterans. He formerly was a senior fellow at George Washington University's Homeland Security Policy Institute. He also previously served on the congressionally-mandated Advisory Panel on Department of Defense Capabilities for Support of Civil Authorities, the National Academy's Board on Army Science and Technology and the Department of the Army Historical Advisory Committee.
In 2005, he received Heritage's prestigious W. Glenn and Rita Ricardo Campbell Award. The honor goes to the staff member determined to have made “an outstanding contribution to the analysis and promotion of the free society.”
Associate Justice, Minnesota Supreme Court (ret.)
Former Minnesota Supreme Court Justice Barry Anderson is a 1976 graduate of Gustavus Adolphus College in St. Peter, Minnesota and a 1979 graduate of the University of Minnesota Law School. He was a member of the Minnesota Court of Appeals from August 1998 until his appointment to the Supreme Court. He was sworn in and joined the court on October 13, 2004, and served through to his retirement on May 10, 2024.
He previously was a partner in the Minneapolis and Hutchinson law firm of Arnold, Anderson & Dove, PLLP, and also served the City of Hutchinson as City Attorney from 1987 to 1998. He is certified by the Minnesota State Bar Association as a civil trial specialist.
Justice Anderson’s background includes substantial public service including as a board member and chair of variety of community organizations including service clubs, task forces and a local public access channel as well as a wide variety of other community activities.
Justice Anderson also served on the Minnesota Judicial Council, the managing body for the Minnesota Judicial Branch. He is also a frequent contributor to continuing legal education efforts on both appellate advocacy issues as well as general trial practice.
Judge, United States Court of Appeals, Sixth Circuit
Raymond M. Kethledge is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit, to which he was appointed on July 8, 2008. He received his BA in history from the University of Michigan in 1989, and his JD from the University of Michigan Law School in 1993. He clerked for Justice Anthony Kennedy of the United States Supreme Court and Judge Ralph B. Guy, Jr. of the United States Court of Appeals for the Sixth Circuit. He also worked in the United States Senate and later, with two partners, founded a boutique litigation firm, now known as Bush Seyferth PLLC, in Troy, Michigan. His practice there included a broad mix of trial-court, appellate, and class-action litigation.
Justice, Supreme Court of Arizona
Clint Bolick was appointed by Governor Doug Ducey in January 2016 to serve on the Arizona Supreme Court and was retained by the voters in 2018 and 2024.
Prior to joining the Court, Justice Bolick litigated constitutional cases in state and federal courts from coast to coast, including the U.S. Supreme Court. Among other positions, he served as Vice President for Litigation at the Goldwater Institute and as Co-founder and Vice President for Litigation at the Institute for Justice. He has litigated in support of school choice, freedom of enterprise, private property rights, freedom of speech, and federalism, and against racial classifications and government subsidies.
Justice Bolick received his Juris Doctor degree from the University of California at Davis, where he has been recognized as a distinguished alumnus, and his Bachelor of Arts degree magna cum laude from Drew University. He serves as a research fellow with the Hoover Institution. Among other honors, he was named one of the 90 Greatest DC Lawyers in the Last 30 Years by Legal Times in 2008, received a Bradley Prize in 2006, and was recognized as one of the nation’s three lawyers of the year by American Lawyer in 2002 for his successful defense of school vouchers in Zelman v. Simmons-Harris.
Justice Bolick is a prolific author of a dozen books and hundreds of articles. Among his most recent books are Unshackled: Freeing America’s K-12 Education System: Immigration Wars: Forging an American Solution, co-authored with former Florida Governor Jeb Bush; and David’s Hammer: The Case for an Activist Judiciary. Bolick serves as an adjunct professor of constitutional law at Arizona State University’s Sandra Day O’Connor School of Law and has served as a lecturer at Harvard University’s John F. Kennedy School of Government.
Director, Independent Women's Law Center, Independent Women's
Jennifer C. Braceras, a member of the Federalist Society Board of Visitors, is the director of Independent Women’s Law Center and a former member of the U.S. Commission on Civil Rights.
Ms. Braceras is a graduate of the Harvard Law School, where she served as an editor of the Law Review. After law school, she clerked for two federal judges and practiced labor and employment law with the Boston law firm Ropes & Gray.
A long time political columnist and editor, Ms. Braceras's writing has appeared in a variety of publications, including the Wall Street Journal, the Boston Globe, the Hill, and National Review Online. She co-hosts At the Bar, a bimonthly virtual happy hour discussion about issues at the intersection of law, politics, and culture.
Sho Sato Professor of Law; Faculty Director, Center for Law, Energy, & the Environment, University of California, Berkeley
Dan Farber is the Sho Sato Professor of Law at the University of California, Berkeley. He is also the Co-Director of the Center for Law, Energy, and the Environment. Professor Farber serves on the editorial board of Foundation Press. He is a member of the American Academy of Arts and Sciences and a Life Member of the American Law Institute. He is the editor of Issues in Legal Scholarship.
Professor Farber is a graduate of the University of Illinois, where he earned his B.A., M.A., and J.D. degrees. He graduated, summa cum laude, from the College of Law, where he was the class valedictorian and served as Editor-in-Chief of the University of Illinois Law Review. After graduation from law school, he was a law clerk for Judge Philip W. Tone of the United States Court of Appeals for the Seventh Circuit and then for Justice John Paul Stevens of the Supreme Court of the United States. Professor Farber practiced law with Sidley & Austin, where he primarily worked on energy issues, before joining the University of Illinois College of Law faculty in 1978. He was a member of the University of Minnesota Law School faculty from1981 to 2002, where he was the McKnight Presidential Professor of Public Law. He also has been a Visiting Professor at the Stanford Law School, Harvard Law School, and the University of Chicago Law School.
Among Professor Farber’s eighteen books are RESEARCH HANDBOOK ON PUBLIC CHOICE AND PUBLIC LAW (Elgar 2010) (with A. O’Connell); JUDGMENT CALLS: POLITICS AND PRINCIPLE IN CONSTITUTIONAL LAW (Oxford University Press 2008) (with S. Sherry); RETAINED BY THE PEOPLE: THE “SILENT” NINTH AMENDMENT AND THE RIGHTS AMERICANS DON’T KNOW THEY HAVE (Basic Books 2007); and LINCOLN’S CONSTITUTION (University of Chicago Press 2003).
Partner, McGuireWoods LLP
Farnaz is a skilled litigator with extensive experience in representing employers and institutions of higher education, including academic medical centers, in breach of contract, constitutional, discrimination, and tort litigation. She has conducted investigations, advised clients on employment and education laws, and represented them before federal agencies, including the U.S. Department of Labor and U.S. Department of Education.
Farnaz successfully has defended employers, state agencies, government officials, and institutions of higher education in over 30 civil actions as first chair before federal and state courts as well as trial and appellate courts. Farnaz also has advised clients on investigations under civil rights laws such as Title VI of the Civil Rights Act of 1964 (discrimination based on race, color, or national origin), Title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex, and national origin), and Title IX of the Education Amendments of 1972 (discrimination based on sex). Her deep knowledge of education laws and regulations includes the Higher Education Act of 1965, as amended; accreditation; borrower defense to repayment; gainful employment; financial responsibility standards; FERPA and other privacy laws; the Clery Act; and the Violence Against Women Act (VAWA).
Farnaz is experienced with student and employee disciplinary issues, including under Title IX, and has represented institutions in such matters in several of her previous roles. Representing institutions in Title IX cases requires a nuanced approach, as the institution must balance legal compliance with compassion and care, supporting victims while providing a fair process for both parties, including the accused. Farnaz strikes this balance and is a trusted resource for her clients.
Prior to joining McGuireWoods, Farnaz served as the Deputy General Counsel for Postsecondary Education at the U.S. Department of Education and also as in-house counsel at the University of Virginia. She advised the U.S. Department of Education on litigation strategy and worked closely with the U.S. Department of Justice in cases arising under federal antidiscrimination laws and the Administrative Procedure Act. Government officials also relied on her close counsel in preparation for congressional investigations and hearings. At the University of Virginia, she advised University officials on federal education and employment laws and represented the University and its academic medical center in litigation. She also drafted the University’s antidiscrimination and conduct policies, including free speech policies.
She began her legal career as a law clerk to the Honorable Eric G. Bruggink, Senior Judge, U.S. Court of Federal Claims, and later as a law clerk to the Honorable Leroy Rountree Hassell, Sr., the former Chief Justice, Supreme Court of Virginia.