Erica Smith is a senior attorney with the Institute for Justice. She joined IJ in August 2011 and litigates cutting-edge constitutional cases protecting economic liberty, school choice, and free speech in federal and state courts.
Erica’s economic liberty work has a special focus on “food freedom.” Erica won Wisconsin home bakers the constitutional right to legally sell their goods in Kivirist v. Wisconsin Department of Agriculture. As a result, hundreds of home bakers across the state can now sell their cookies, cakes, and muffins without fear of fines or jail time. Erica also successfully defended the rights of home bakers and canners to fight against Minnesota’s arbitrary restrictions on selling their goods in Astramecki v. Minnesota Department of Agriculture. Erica is currently suing New Jersey—the last state to have a ban on selling homemade food. Erica’s legislative activities have also helped change the homemade food laws of several states.
Erica’s educational choice work gives parents the opportunity to guide the education of their children. She was the lead attorney representing families in Asociación de Maestros v. Departamento de Educación, where she persuaded the Puerto Rico Supreme Court to reject a teachers union’s challenge to the Commonwealth’s new voucher program. Erica was also part of the winning teams that protected both Georgia and New Hampshire’s tax-credit scholarship programs at the state supreme courts in Gaddy v. Georgia Department of Revenue and Duncan v. State of New Hampshire. She is currently fighting to protect Montana’s school choice program at the U.S. Supreme Court. In addition, Erica testifies as to the constitutionality of other educational choice programs across the country.
Erica’s free speech work includes her successful defense of a family’s right to use signs to advertise its gym in Fears v. City of Sacramento. She was part of the team that successfully defended Central Radio Company’s right to protest the illegal taking of its land in Central Radio Co. v. City of Norfolk. Most recently, Erica won the right of a family-owned video game store to advertise using a 9-foot inflatable Mario in Fisher v. Town of Orange Park.
Erica has appeared on CBS Sunday Morning, CBS This Morning, and Fox & Friends, and her writing has been published in the Washington Times, New York Post, Times-Free Press, The Virginian-Pilot, National Law Journal, and Federalist Society Review. She has also been quoted in media outlets across the nation, including the New York Times and Washington Post.
Before joining IJ, Erica served as a law clerk for the Honorable Terrence Boyle of the U.S. District Court for the Eastern District of North Carolina.
Erica received her law degree cum laude from the University of Pennsylvania Law School in 2010. Erica received her undergraduate degree summa cum laude from Stony Brook University’s Honors College in 2007, where she studied literature and journalism.
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Biography
Bradley Smith is one of the nation’s foremost experts on campaign finance law. He served as a Commissioner on the Federal Election Commission, resigning as of Aug. 21, 2005. Smith was elected as Vice Chairman of the Commission in 2003 and Chairman of the Commission in 2004.
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
David Vandenberg is a staff attorney with the Eighth Texas Court of Appeals in El Paso. He is also the President-Elect of the Texas Association of Appellate Court Attorneys. Prior to working at the Texas Court of Appeals, he was Supervising Attorney for the Third Judicial District Court in Las Cruces, New Mexico, the second largest court of general jurisdiction in the state. He served as summer clerk at the Supreme Court of Micronesia, a former American territory, and at the Texas Third Court of Appeals in Austin. In addition to his law degree from John Marshall School of Law in Atlanta, he earned a doctorate in philosophy with a concentration in epistemology from the University of North Carolina at Chapel Hill with highest awards of the graduate faculty. He is the author of a highly cited article on royalty determination for horizontal and stacked (fracked) oil and gas wells in cross-boundary contexts with the Journal of World Business and Energy Law at Oxford University Press and is a designated reporter for developments in American law for OUP. He has been invited to speak on legal aspects of fracking technology at international energy conferences in Europe and Asia.
Deputy Director, Election Reform Program, Brennan Center for Justice, NYU Law
Speaker Information
Jennifer Huddleston
Senior Fellow, Technology Policy, Cato Institute
Biography
Jennifer’s research focuses on the intersection of emerging technology and law with a particular interest in the interactions between technology and the administrative state. Her work covers topics including judicial deference, liability protection for Internet platforms, autonomous vehicles and other disruptive transportation technologies, the regulation of data privacy, and the benefits of technology and innovation. Her work has appeared in USA Today, the Chicago Tribune, the New York Daily News, the Sacramento Bee, the Washington Times, Real Clear Policy, and U.S. News and World Report. Jennifer has a JD from the University of Alabama School of Law and a BA in political science at Wellesley College.
Senior Fellow and Academic Director, Penn Carey Law School
Biography
Gus Hurwitz is a Senior Fellow and the Academic Director of the Center for Technology, Innovation & Competition and the University of Pennsylvania Carey Law School where he is working to develop academic and scholarly programs at the intersecution of law, technology, and policy.
He is also Director of Law & Economics Programs at the International Center for Law & Economics (ICLE), a think tank based in Portland, Oregon, where he directs its law and economics-focused research program and helps to translate academic research into applied policy issues.
Hurwitz's research focuses on the regulation of technology, including administrative and regulatory law, antitrust law, torts and products liability, and media law - alongside cognate fields. Inrecent years he has worked on an AI standardization initiative with Seoul National University, a UNICEF-organized study of broadband deployment to public schools in Rwanda, and a book on conglomerate and ecosystems theories of antitrust.
He has published over 30 articles and book chapters, two books (one on cybersecurity law & policy, one on media regulation in the digital era) and have two more in process, over 100 shorter writings (op-eds, shorter analyses, blog posts, &c), hosted over 100 podcast episodes, and regularly appear or am quoted in popular media (including the NY Times, Wall Street Journal, Washington Post, and Associated Press). His work has been cited by legislators, federal courts of appeals, and federal regulatory agencies.
He was previously a full professor and founding director of the Governance & Technology Center at the University of Nebraska, prior to which he was the inaugural research fellow at the Center for Technology, Innovation & Competition (CTIC). From 2007 to 2010, he was a trial attorney with the U.S. Department of Justice Antitrust Division in the Telecommunications and Media Enforcement Section.
He also is, or has been, affiliated with the Classical Liberal Institute at New York University School of Law, the National Security Institute at George Mason University, and the American Enterprise Institute (AEI).
Before attending law school, Hurwitz worked at Los Alamos National Lab and interned at the Naval Research Lab. During this time his work was recognized by the Federal Laboratory Consortium, Los Alamos National Lab, IEEE & ACM, Corporation for Education Network Initiatives in California, R&D Magazine, and even the Guinness Book of World Records.
A current list of Hurwitz’s publications is available on his website: GusHurwitz.net.
Judge, U.S. District Court for the Southern District of Texas
Biography
Hon. Charles Eskridge, Judge, United States District Court for the Southern District of Texas, Houston Division, was born in Cleveland, Ohio, and arrived in Houston, Texas, at the age of 11 with his parents in 1974.
Judge Eskridge received a B.S. from Trinity University and a J.D. from Pepperdine University School of Law. He served as a law clerk to Chief Judge Charles Clark of the United States Court of Appeals for the Fifth Circuit, as a law clerk to Justice Byron White of the Supreme Court of the United States, and as a special assistant to the Hon. Howard Holtzmann of the Iran/U.S. Claims Tribunal in The Hague.
From 1994 to 2019, Judge Eskridge was in private practice in Houston, Texas, litigating complex commercial disputes. He teaches Origins of the Federal Constitution at the University of Houston Law Center and has served as the Distinguished Visiting Practitioner of Law at the Pepperdine University School of Law.
President Donald J. Trump nominated him to the federal bench on May 3, 2019. Following confirmation by the Senate, Judge Eskridge took his seat on October 22, 2019.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Biography
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Professor of Law, South Texas College of Law Houston
Biography
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Of Counsel, Christian Legal Society's Center for Law & Religious Freedom
Biography
Kim Colby has worked for Christian Legal Society’s Center for Law and Religious Freedom since graduating from Harvard Law School in 1981. She has represented religious groups in several appellate cases, including two cases heard by the United States Supreme Court. She has filed numerous amicus briefs in federal and state courts. In 1984, she assisted in congressional passage of the Equal Access Act, 20 U.S.C. § 4071, et seq., which protects the right of secondary school students to meet for prayer and Bible study on campus. Ms. Colby has prepared several CLS publications addressing issues about religious expression in public schools, including released time programs, implementation of the Equal Access Act, and teachers’ religious expression.
Ms. Colby graduated summa cum laude from the University of Illinois with a major in American History and a particular interest in slavery in colonial North America.
Rob Weiner has significant experience as a trial lawyer, appellate advocate, and legal strategist in complex litigation. He is skilled in developing creative legal approaches to bring cases to a quick, cheap and successful resolution. Mr. Weiner’s long experience representing business and sovereign clients in litigation, and his three tours of duty as a government lawyer, have honed his ability to deal with the regulatory, tactical, and constitutional issues arising when the federal government is, or may become, a party in litigation. From 2010-2012, Mr. Weiner was Associate Deputy Attorney General at the US Department of Justice, where his principal responsibility was to oversee the defense of the Affordable Care Act. He also handled sensitive negotiations with a foreign government involving bank secrecy, and dealt with or headed-off difficult issues across the range of the Department’s matters. Mr. Weiner also has served as Senior Counsel in the White House Counsel’s Office, and as an Associate Independent Counsel. He began his career as a law clerk for The Honorable Henry J. Friendly and for Justice Thurgood Marshall.
At the firm, Mr. Weiner has litigated major administrative and constitutional cases; served as national coordinating and trial counsel in product liability and toxic tort cases; represented clients in media-intensive Congressional regulatory, criminal, and disciplinary investigations; and was lead counsel for the State of Israel in litigation involving national security policies. In addition, clients frequently seek him out to author briefs in the US Supreme Court and other forums.
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Jaime A. Santos is a partner in the firm’s Appellate Litigation practice. Her work focuses on appellate matters and complex civil litigation in federal courts, and she has experience in a wide range of areas including ERISA litigation, patent litigation, constitutional law, and product litigation. Ms. Santos has been the primary author of dozens of briefs filed in the Supreme Court, many more briefs filed in federal courts of appeals and federal district courts, and she has presented oral argument in state and federal trial and appellate courts. Ms. Santos also co-hosts the Supreme Court podcast Strict Scrutiny.
Ms. Santos maintains an active pro bono practice. She has been counsel of record in numerous criminal, immigration, and civil rights appeals in the Fourth, Seventh, and Ninth Circuits. She has also advocated on behalf of transgender litigants asserting constitutional claims before the Fourth Circuit and the Supreme Court, and represented a criminal defendant challenging his sentence before the Supreme Court. In 2015, Ms. Santos was honored by the Lawyers’ Committee for Civil Rights for her commitment to pro bono civil rights work.
In addition to her pro bono practice, Ms. Santos has been a thought leader in preventing and addressing bias and harassment in the legal profession. She speaks at conferences across the country and has published several articles on the topic. Since January 2018, she has advised numerous state and federal courts on improving the policies and processes governing inappropriate conduct in the workplace.
Ms. Santos serves on the MacArthur Justice Center Supreme Court & Appellate Advisory Board, and on the National Women’s Law Center’s Leadership Advisory Council.
Before joining Goodwin in 2013, Ms. Santos served as a law clerk to the Honorable George H. King of the U.S. District Court for the Central District of California, and to the Honorable Raymond C. Fisher of the U.S. Court of Appeals for the Ninth Circuit. In law school, she was a supervising editor for the Harvard Law Review.
Senior Counsel and Director of Strategic Engagement, Alliance Defending Freedom
Biography
Jordan Lorence serves as senior counsel and director of strategic engagement with Alliance Defending Freedom, where he plays a key role with the Strategic Relations & Training Team. His work has encompassed a broad range of litigation, with a primary focus on religious liberty, free speech, student privacy, conscience rights of creative professionals, and the First Amendment freedoms of public university students and professors.
Lorence argued before the U.S. Supreme Court in the precedent-setting Southworth v. Board of Regents of the University of Wisconsin System case in 1999, challenging the university’s requirement that forced unwilling students to contribute to campus activist groups. He led the challenge to New York City’s ban on private worship services after hours in vacant public school buildings in the long-running Bronx Household of Faith v. Board of Education of the City of New York case. Lorence also defended the right of conscience in Elane Photography v. Willock at the New Mexico Supreme Court.
Lorence has made media appearances on television and radio shows including Fox News, NBC’s Today Show, and National Public Radio’s All Things Considered. His commentary has also appeared in The Wall Street Journal, USA Today, The New York Daily News, The New York Post, The Philadelphia Inquirer, The Washington Times, The Hill, and National Review.
Before officially joining the organization in 2001, Lorence was a productive allied attorney for many years, actively involved in significant litigation for ADF. He has also worked for the Home School Legal Defense Association, Concerned Women for America, and the American Center for Law and Justice. Lorence earned a J.D. from the University of Minnesota Law School and received a B.A. in journalism from Stanford University. He is admitted to the bar in Minnesota, Virginia, the District of Columbia, the U.S. Supreme Court, and multiple federal appellate and district courts.
Robert McNamara serves as Deputy Litigation Director with the Institute for Justice. He joined the Institute in August 2006 and litigates cutting-edge constitutional cases protecting free speech, property rights, economic liberty and other individual liberties in both federal and state courts.
Robert’s work has resulted in court victories for property owners fighting eminent domain abuse, tour guides fighting unconstitutional restrictions on their speech, taxi drivers seeking the right to own their own business, and many others. Robert also litigates in defense of innovation and entrepreneurship in medical care and was co-counsel in Flynn v. Holder, IJ’s landmark challenge to the federal prohibition on compensating bone marrow donors.
Robert’s writing has been published by outlets including The New York Times, The Wall Street Journal, The Washington Post and dozens more nationwide. His opinions and views on legal issues have been featured in radio and television programs ranging from National Public Radio’s All Things Considered to Fox News Channel’s Hannity & Colmes.
Robert is a graduate of Boston University and the New York University School of Law, where he was a founding member and eventual editor-in-chief of the NYU Journal of Law & Liberty. He currently lives in Virginia with his wife and children.