Should the Doctrine of Qualified Immunity Be Retained or Abolished?
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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.
University of Pennsylvania Law School
Professor of Law, Norman Adrian Wiggins School of Law, Campbell University
Richard T. Bowser serves as an adjunct faculty member for the School of Business and as a Professor of Law for the University’s law school. Bowser is a graduate of Campbell Law School, Westminster Theological Seminary and Grove City College.
He has taught and written upon a wide range of topics including constitutional law, legal philosophy, wills and trusts, and estate planning. He is a co-author of the treatise, Wiggins’ Wills and Administration of Estates in North Carolina.
On many occasions, Bowser has been recognized as an outstanding and demanding member of the faculty. Students have voted him “Professor of the Year” three times, he has received the Dean’s Award for Teaching Excellence twice, and in September of 2009, his students honored his service to them and to the school by naming the law school’s client counseling competition after him.
Newsweek Senior Editor-at-Large, Syndicated Columnist, Host of "The Josh Hammer Show," Article III Project Senior Counsel, Newsweek, Salem Media, Article III Project, David Horowitz Freedom Center
Josh Hammer is the senior editor-at-large of Newsweek and host of "The Josh Hammer Show," a podcast, a syndicated radio show, and TV program on Salem News Channel. A syndicated columnist through Creators Syndicate, Josh is a frequent pundit and essayist on political, legal, and cultural issues. He is also senior counsel for the Article III Project and Internet Accountability Project, as well as a Shillman Fellow with the David Horowitz Freedom Center and a fellow with the Palm Beach Freedom Institute.
An outspoken conservative, Josh opines on conservative intellectual trends, contemporary domestic and foreign policy debates, constitutional and legal issues, and the intersection of law, politics and culture. He has been published by many leading outlets, including the Los Angeles Times, the New York Post, Daily Mail, Newsweek, the Claremont Review of Books, National Affairs, American Affairs, The New Criterion, The National Interest, National Review, RealClearPolitics, First Things, City Journal, Public Discourse, Law & Liberty, Tablet Magazine, Deseret Magazine, Compact Magazine, Chronicles Magazine, The Spectator, The American Mind, The American Conservative, The European Conservative, American Greatness, American Compass, The Federalist, Blaze Media, TomKlingenstein.com, Townhall, The Daily Wire, The Daily Signal, The Daily Caller, The Epoch Times, Anchoring Truths, Fortune, Fox Business, The Jerusalem Post, The Times of Israel, The Forward, Jewish Telegraphic Agency and the Jewish Journal. He has also had legal scholarship published by the Harvard Journal of Law & Public Policy and the University of St. Thomas Law Journal.
Josh is a college campus speaker through Young America's Foundation and the Intercollegiate Studies Institute, and a law school campus speaker through the Federalist Society. Prior to Newsweek and The Daily Wire, where he was an editor, Josh worked at Kirkland & Ellis LLP and clerked for the Hon. James C. Ho on the U.S. Court of Appeals for the Fifth Circuit. Josh has also served as a John Marshall Fellow with the Claremont Institute and as a Fellow with the James Wilson Institute. He is the former host of "America on Trial with Josh Hammer," a one-season daily podcast with The First that covered the unique legal issues surrounding the 2024 presidential election.
Josh graduated from Duke University, where he majored in economics, and from the University of Chicago Law School. He lives in Florida, but remains an active member of the State Bar of Texas.
Deputy Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice
Josh Craddock is Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice. He is a graduate of the Harvard Law School, where he served as editor-in-chief of the Harvard Journal of Law & Public Policy. He later clerked for the Honorable Chief Judge Timothy Tymkovich of the U.S. Court of Appeals for the Tenth Circuit. Before law school, Mr. Craddock managed advocacy teams for several non-profit organizations at the United Nations. His writing has appeared in the Notre Dame Law Review, Harvard Journal on Legislation, Washington Post, Newsweek, and National Review.
Clinical Professor of Law, University of Arizona, James E. Rogers College of Law
Tessa L. Dysart is the Assistant Director of Legal Writing and Associate Clinical Professor of Law at the University of Arizona, James E. Rogers College of Law. With the Hon. Leslie H. Southwick of the United States Court of Appeals for the Fifth Circuit, she co-authored the third edition of Winning on Appeal: Better Briefs and Oral Arguments. She manages the Appellate Advocacy Blog, writes on human trafficking and constitutional law, and lectures nationally on developing effective state anti-trafficking laws.
Professor Dysart is a graduate of Willamette University and Harvard Law School. She clerked for the Hon. Dennis W. Shedd of the United States Court of Appeals for the Fourth Circuit. Her practice experience includes working for the United States Department of Justice Office of Legal Policy and the Senate Judiciary Committee. Prior to joining the College of Law faculty she taught appellate advocacy and constitutional law courses at Regent University School of Law, where she coached award-winning moot court teams and advised the program to a national ranking.
Global Technology Counsel, Sony Corporation of America
Christopher Ekren is Global Technology Counsel for Sony. Based out of Silicon Valley, he is currently the lead US in house counsel for key Sony advanced technology initiatives in the areas of Artificial Intelligence (Sony AI, Inc.) , Gene Therapy (Sony Biotechnology Inc.), Satellite Communications (Sony Space Communications Inc.), Semiconductor and Component Technologies (Sony Semiconductor Solutions of America), Sony’s Research Labs US operations, as well as engineering and product development activities part of Sony’s North American core electronics business. He has concurrent global roles supporting Sony’s technology standards, open source software and special technology projects.
Executive Vice President and Senior Policy Advisor, Stephens, Inc.
Mary Kissel is Executive Vice President and Senior Policy Advisor at Stephens Inc., where she provides advice on geopolitical risk and macroeconomic trends to Stephens clients and the Stephens management team. Previously, she served as Senior Advisor to Secretary of State Michael R. Pompeo from October 2018 to January 2021. Prior to joining the State Department, she had a long and distinguished career on The Wall Street Journal editorial board, including stints as chief foreign policy commentator in New York City and Asia-Pacific editorial page editor, based in Hong Kong. Ms. Kissel hosts the Nixon Seminar on Conservative Realism and National Security, is a member of the Council on Foreign Relations, and serves on the boards of the American Australian Council, The Marathon Initiative, and RXO, Inc. She is a graduate of Harvard University and the Johns Hopkins School of Advanced International Studies.
Member of Parliament for Chingford & Woodford Green, House of Commons
The Rt Hon Sir Iain Duncan Smith is the Conservative MP for Chingford and Woodford Green, and has been an MP continuously since 1992.
Between 1997 and 2001, he was Shadow Secretary of State for Social Security and then Shadow Secretary of State for Defence. From 2001 to 2003, he was leader of the Conservative Party.
He took a lead role in the Vote Leave campaign ahead of the EU referendum on 23 June 2016, appearing many times in the media and public debates, and is now working alongside colleagues to ensure the Government achieves a smooth and rapid exit from the EU and forms a new relationship based on trade, continuing friendship and cooperation.
Before entering politics, he served in the Scots Guards from 1975 to 1982. During this time, he saw service in Northern Ireland and Rhodesia/ Zimbabwe. After leaving the army, he worked in industry, first with the GUC, then as a Director of a property company and subsequently as a Director at the publishing company Jane’s Information Group.
Professor of Business and Professor of Law (by courtesy) | Executive Director, Georgetown Institute for the Study of Markets and Ethics McDonough School of Business, Georgetown University
John Hasnas is a professor of business at Georgetown's McDonough School of Business and a professor of law (by courtesy) at Georgetown University Law Center in Washington, DC, where he teaches courses in ethics and law.
Professor Hasnas is also the executive director of the Georgetown Institute for the Study of Markets and Ethics, whose tripartite mission is to produce high-quality research on matters related to the ethics of market activity, improve ethics pedagogy, and educate the broader, non-academic community about ethical issues related to the functioning of markets.
Professor Hasnas has held previous appointments as associate professor of law at George Mason University School of Law, visiting associate professor of law at Duke University School of Law and the Washington College of Law at American University, and Law and Humanities Fellow at Temple University School of Law. Professor Hasnas has also been a visiting scholar at the Kennedy Institute of Ethics in Washington, DC and the Social Philosophy and Policy Center in Bowling Green, Ohio.
He received his B.A. in Philosophy from Lafayette College, his J.D. and Ph.D. in Legal Philosophy from Duke University, and his LL.M. in Legal Education from Temple Law School. His scholarship concerns ethics and white collar crime, jurisprudence, and legal history.
Special Counsel, Campus Advocacy, Foundation for Individual Rights and Expression (FIRE)
One of FIRE’s longest-serving employees, Robert Shibley began at FIRE straight out of Duke Law School in 2003, with the intention of doing nonprofit work for a couple of years before finding a permanent job. This lasted 19 years, including six as FIRE’s executive director. During his time at FIRE, Robert launched FIRE’s first major litigation initiative, traveled to dozens of campuses to speak about the First Amendment and Title IX issues on campus, and oversaw FIRE’s expansion into off-campus issues before a stint representing students and faculty members in private practice at the firm of Allen Harris PLLC.
Having realized things on campus were even worse than he had believed, Robert returned to FIRE as Special Counsel for Campus Advocacy in order to finish the job he started: restoring free speech and due process to America’s college campuses. Robert is the author of Twisting Title IX, from Encounter Books. His writing has appeared everywhere from The Wall Street Journal to The Washington Post, USA Today, and TIME, and he has appeared on national and international broadcasts including the BBC and NPR, The O’Reilly Factor, CNN Tonight, Tucker Carlson Tonight, and (perhaps most famously) Dr. Phil.
David Boies Professor of Law, Yale Law School
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Dr. Dasgupta served as Assistant Secretary for Trade and Economic Security, responsible for a comprehensive national security portfolio. His duties included oversight of the Committee on Foreign Investment in the United States (CFIUS), Team Telecom, the Forced Labor Enforcement Task Force (FLETF), Information and Communications Technology and Services (ICTS), Arctic security initiatives, the Icebreaker Collaboration Effort (ICE) Pact, and related trade matters. Sohan Dasgupta also served as political head of the Millennium Challenge Corporation (MCC), supporting U.S. foreign policy and national security objectives. Previously, he had served as Deputy General Counsel of the U.S. Department of Homeland Security (DHS).
Dr. Dasgupta holds a JD from the University of California, Berkeley, where he was elected to the Order of the Coif; a PhD in international trade and arbitration from the University of Cambridge; MSc from the University of Oxford; and BA in Economics–Operations Research and History from Columbia University. He commenced his legal career with clerkships on the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Southern District of West Virginia.
Dr. Dasgupta has addressed the Hungarian, Romanian, and Guatemalan parliaments, and has spoken at the invitation of Members of the U.S. Congress, the British Parliament, the European Union Parliament, the Congress of the Philippines, and the Legislative Assembly of El Salvador.
Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Robert V. Percival is the Robert F. Stanton Professor of Law and the Director of the Environmental Law Program at the University of Maryland School of Law. He received a B.A. summa cum laude from Macalester College, a J.D. from Stanford Law School and an M.A. in economics from Stanford University. At Stanford Percival was named the Nathan Abbott Scholar for graduating first in his law school class. Following graduation, he served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. He joined the Maryland faculty in 1987 after serving as a senior attorney for the Environmental Defense Fund. Percival has served as a visiting professor of law at Harvard Law School, Georgetown University Law Center, the China University of Political Science and Law (Beijing), and Comenius University (Bratislava). He is the principal author of a leading environmental law casebook, now in its 9th edition, and the author of several articles about the Supreme Court and presidential authority over executive agencies. Percival wrote one of the first articles on the propriety of consent decrees to effectuate and enforce federal law “The Bounds of Consent: Consent Decrees, Settlements and Federal Environmental Policymaking,” 1987 Univ. Chic. Leg. F. 327 (1987). He also is the author of the first comprehensive analyses of what the papers of the late Justices Thurgood Marshall and Harry Blackmun reveal about the Supreme Court’s handling of environmental cases (“Environmental Law in the Supreme Court: Highlights from the Blackmun Papers,” 35 ELR 10637 (2005), and “Environmental Law in the Supreme Court: Highlights from the Marshall Papers,” 13 ELR 10606 (Oct. 1993)).
Associate, Wiley Rein LLP
Boyd litigates and provides regulatory advice for a wide variety of telecommunications and technology clients.
Senior Legal Fellow, The Future of Free Speech, Vanderbilt University
Ashkhen Kazaryan is a renowned expert in First Amendment law and technology policy, specializing in digital free speech, artificial intelligence, and the intersection of constitutional rights with emerging technologies. As a Senior Legal Fellow at the Future of Free Speech at Vanderbilt University, she leads initiatives to protect free expression and shape policies that uphold the First Amendment in the digital age.
Previously, Ashkhen was the lead for North and Latin America on the content regulation team at Meta, where she also served as the company’s policy lead on Section 230. She has also been a Senior Fellow at Stand Together and the Director of Civil Liberties at TechFreedom, where she worked extensively on platform liability, free speech, and internet governance. She is currently Fellow for the First Amendment at the Freedom Forum.
Ashkhen earned her specialist in law degree summa cum laude from Lomonosov Moscow State University in 2012 and later received a master of law degree from Yale Law School in 2016. During her time at Yale, she contributed as an articles editor for the Yale Journal of Law and Feminism, a senior editor for the Yale Law and Policy Review, and an editor for the Yale Journal of Law and Technology, while also serving as co-chair of the Public Interest Fellowship.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
President, Digital Progress Institute
Joel Thayer, President of the Digital Progress Institute, previously was an associate at Phillips Lytle. Before that, he served as Policy Counsel for ACT | The App Association, where he advised on legal and policy issues related to antitrust, telecommunications, privacy, cybersecurity and intellectual property in Washington, DC. His experience also includes working as legal clerk for FCC Chairman Ajit Pai and FTC Commissioner Maureen Ohlhausen. Additionally, Joel served as a congressional staffer for the Hon. Lee Terry and Hon. Mary Bono.