The Problems of Legal Positivism
Montgomery Lawyers Chapter Event
Capital City Club201 Monroe St #2100
Montgomery, AL 36104
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Professor of Law, Widener University Commonwealth Law School
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Judge, United States District Court, Southern District of Florida
On April 4, 2019, Judge Altman was confirmed to a seat on the U.S. District Court for the Southern District of Florida. At 36, he became the youngest federal district court judge in the country—and the youngest federal judge ever appointed in the Southern District of Florida.
Judge Altman received a BA from Columbia University, where he played quarterback on the football team and pitched for the baseball team—earning All-Ivy honors. Judge Altman received his JD from the Yale Law School, where he was projects editor of the Yale Law Journal. After law school, the Judge clerked on the 11th Circuit Court of Appeals for the Honorable Stanley Marcus.
Judge Altman then became a federal prosecutor at the U.S. Attorney’s Office in Miami, where he twice received the Director of the Executive Office of U.S. Attorneys’ Award for Superior Performance by a federal prosecutor. In 2013, Judge Altman was named “Federal Prosecutor of the Year” by the Miami-Dade Chiefs of Police and the Law Enforcement Officers’ Charitable Foundation.
In 2014, Judge Altman became a partner at the Miami law firm of Podhurst Orseck, where he represented the victims of airplane crashes and bank fraud conspiracies.
Chief Judge, Florida Eleventh Judicial Circuit
Chief Judge Ariana Fajardo Orshan was appointed to the Circuit Court of the Eleventh Judicial Circuit of Florida in April 2012 and was sworn in as the Court's Chief Judge in July 2025. She has also served as a judge in the Criminal Division. Prior to her appointment, Judge Fajardo Orshan was a partner in her law firm where she specialized in the area of Family and Matrimonial Law. Judge Fajardo Orshan began her legal career as an Assistant State Attorney in Miami-Dade County and also worked in the area of civil litigation with the firm of Wilson Elser Moskowitz Edelman & Dicker LLP.
Throughout her legal and judicial career, Judge Fajardo Orshan has been involved with numerous civic and professional organizations, and in many, she assumed leadership positions. She continues to remain involved with Big Brothers Big Sisters, the Cuban American Bar Association, the Dade County Bar Association, the Federalist Society and Kidside. As a member of the judiciary, Judge Fajardo Orshan is also involved with the Eleventh Judicial Circuit Professionalism Committee, the Florida Conference of Circuit Judges, the Florida Bar Family Law Rules Committee, and the Florida Supreme Court Steering Committee on Families and Children.
Judge Fajardo Orshan also enjoys grooming future lawyers as adjunct professor at Florida International University College of Law where she teaches Family Law.
Judge Fajardo Orshan has been a member of the Florida Bar since 1996 and is a member of the Federal Bar for the Southern District of Florida. Judge Fajardo Orshan graduated from Nova Southeastern University Shepard Broad Law Center and received a Bachelor's in Science degree from Florida International University.
Criminal Trial and Appellate Lawyer, Markus/ Moss
David Oscar Markus is a magna cum laude graduate of Harvard Law School. David is known for his creative and unrelenting approach to cases, which leads to wins in trials and appeals. David focuses on high-stakes criminal litigation for both white collar and traditional criminal matters.
Best Lawyers named David “Lawyer of the Year” for White Collar Criminal Law in 2020 and for General Criminal Defense in 2017. And the Dade County Bar Association awarded him the “Legal Luminary” award for criminal defense, an honor voted on by members of the legal community. In 2015, the National Law Journal selected him as one of the Trailblazers for White Collar Criminal Defense in the entire country. Back when he was 29 years old (in 2002), the National Law Journal selected him as one of the top 40 litigators in the country under 40 years old, and it has recognized one of his federal trial victories as one of the top ten defense verdicts in the country that year.
In one trial victory, David not only beat all 141 counts in federal court for a doctor, but then won attorneys’ fees and costs of over $600,000 for his client in a first-of-its-kind victory. Based on that case, he was awarded the highest honor — the Rodney Thaxton “against all odds” award — by the Florida Association of Criminal Defense Lawyers. Although the 11th Circuit reversed the fee award in a number of controversial opinions, the court referred to Markus as an “elite” and “superb” attorney. In another case, David challenged the way the federal court system in Miami selected jurors (alphabetically by last name) and won, which changed the jury selection process in the District. After obtaining a fair jury, Markus’ client was found not guilty. He never stops fighting for his clients.
Based on this type of creative and unique lawyering, in 2010, David was one of eight finalists in the country for best white-collar criminal lawyer in the country by Chambers & Partners, which quoted market sources saying that David is “the whole package,” and “a creative, courageous and tenacious courtroom advocate.” And he was named to that very prestigious short list of 8 best white-collar criminal defense lawyers again in 2011 (he was the only lawyer listed who was not from a large firm). The 2012 Chambers said this: “David Markus received strong praise from peers and clients alike, who describe him as ‘a legal genius and brilliant strategist with a great demeanor.'” A recent Chambers & Partners described David as a “wickedly smart and a terrific trial lawyer. … Clients say that he is ‘thrilling’ to watch in court and that ‘his passion appreciation and enjoyment for his work are contagious.” And in 2014, that publication identified David as “one of the best trial lawyers around: very smart, highly respected and thoroughly prepared.” In 2016, Chambers said: “David Markus is one of the most talented criminal defense lawyers in Florida. He has a wealth of litigation experience and is regularly sought after for his counsel in high-stakes tax and criminal antitrust cases. Sources also describe him as an ‘extremely creative thinker and a great oral advocate’ who gets ‘tremendous results.'” Chambers has also explained: “David Markus is amazing, not only because of the strength and genius of his arguments and motions, but also because of his brilliant and astonishing performances during the hearings. Additionally, he radiates so much confidence, and that in itself soothes the usual anguish and anxiety that you endure during these types of situations. Last but not least, he is such a great human being.” In 2020, that publication said that David “is an exceptional trial lawyer,” “an incredible oral advocate” and that “he’s pretty fearless in terms of dealing with the government.”
Since 2010, David has been listed as one of the top 100 lawyers in Miami and in all of Florida by SuperLawyers. He is one of the few criminal defense lawyers to received such an honor. He is frequently named as one of the top lawyers in the Best Lawyers in America, South Florida Legal Guide, Florida Trend Magazine, Chambers & Partners, and the South Florida Business Journal. He was one of 20 lawyers named a key partner by the South Florida Business Journal in 2011 and again in 2012. The Daily Business Review named him a finalist for Most Effective Lawyer in Criminal Justice (one of three lawyers in Miami) in 2006, 2009, 2011, 2012, and 2015. He won the award in 2018. The district judges in the Southern District of Florida presented him with the Eugene Spellman Criminal Justice Act Award in 2013.
While at Harvard, David argued in front of Supreme Court Justice Anthony Kennedy who named him best oralist. David was mentored by Alan Dershowitz while in law school. After graduating from Harvard, David served as law clerk to the Honorable Edward B. Davis, then-Chief United States District Judge, Southern District of Florida. Following his clerkship, David worked as an associate at the leading criminal defense firm in the country, Williams & Connolly in Washington, D.C., and then practiced as an Assistant Federal Public Defender in Miami.
David is a past-president of the Florida Association of Criminal Defense Lawyers – Miami Chapter and past-president of the Federal Bar Association, South Florida Chapter, 2007-08. He served for ten years as the Southern District of Florida’s national representative for the Criminal Justice Act Panel, and is the vice-chair of the National Association of Criminal Defense Lawyer’s amicus committee. David also has co-authored the Fourth Amendment Forum, published in NACDL’s The Champion. He is frequently asked to serve on committees for the Southern District of Florida.
David frequently lectures on different aspects of the criminal trial and appeal. He currently teaches a White Collar Law seminar the the University of Miami School of Law and previously taught legal writing there. David also has taught Advanced Criminal Procedure and White Collar Law at Florida International University College of Law. He often speaks to other criminal defense lawyers on ethics and zealously representing criminal defendants charged with serious crimes. His lengthy list of lectures can be found on his resume.
David is often quoted in publications around the country, including The Miami Herald, The Sun-Sentinel, The Palm Beach Post, the Daily Business Review, USA Today, The New York Times, The Wall Street Journal, The Boston Globe, Law.com, and CNN.com. He has written opinion pieces for numerous publications, and is the author of the popular Southern District of Florida blog, which has been described by the New Times as “the definitive source on South Florida’s federal court system.” He recently wrote a chapter in a book for lawyers; his chapter was titled “Battling Goliath, Trying to Win in the Court of Appeals.” David is also a frequent opinion contributor, arguing for criminal justice reform and for individual rights. He has written pieces in the Washington Post, USA Today, Miami Herald, law.com Newsmax, and others.
Professor of Law, Hofstra University School of Law
Professor Colombo joined the Hofstra University School of Law faculty in the Fall of 2006. He teaches courses in corporate, securities, and contract law. His research and scholarship focuses primarily on corporate and securities law and, more specifically, the application of non-economic principles and norms to these fields.
Before coming to Hofstra, Professor Colombo served in the Complex Global Litigation Group of Morgan Stanley & Co., Inc., as vice president and counsel. In this position, Professor Colombo supervised investigations, litigations, and regulatory inquiries affecting Morgan Stanley's investment banking franchise. Prior to that, Professor Colombo practiced as a litigation associate at the New York office of Sullivan & Cromwell, where, among other things, he represented corporate and banking clients in civil and criminal investigations conducted by the S.E.C., the U.S. Attorney's Office, and the Federal Reserve Bank; in matters before state courts, federal courts, and arbitration panels; and in appeals before the Third Circuit, the D.C. Circuit, and the U.S. Supreme Court. From 2000-2003, Professor Colombo also served on the Committee on Professional and Judicial Ethics of the Association of the Bar of the City of New York.
Professor of Law, New York University School of Law
Robert J. Jackson, Jr. is Professor of Law, Co-Director of the Institute for Corporate Governance and Finance, and Director of the Program on Corporate Law and Policy at the New York University School of Law. He was nominated and unanimously confirmed by the Senate to be Commissioner of the U.S. Securities and Exchange Commission in 2017 and served in that role until February 2020. Commissioner Jackson was an outspoken advocate for protecting investors, consistently calling for more transparency in capital markets and championing evidence-driven policymaking.
Partner, Norton Rose Fulbright
Steven Lofchie advises financial institutions on regulatory issues and financial instruments.
In his regulatory practice, Steven counsels clients on securities laws, the CEA, and related bankruptcy issues. His transactional practice focuses on securities credit and derivative transactions.
Steven is the founder and manager of an acclaimed legal website (now renamed Fried Frank Regulatory Intelligence) that has been endorsed by former chairpersons of both the SEC and CFTC. Subscribers to the website include government regulators and major buy- and sell-side firms.
Chambers USA has ranked Steven in Band 1 for eight years running, for both financial services regulation and derivatives. He is the only lawyer in the country to be top-ranked in both of those categories. Steven was also part of the team that was named 2020 Regulatory Team of the Year by IFLR Americas. The Best Lawyers in America recognized Steven as “Lawyer of the Year” for Administrative/Regulatory Law in New York in 2017, and U.S. News and World Report ranked him as the best regulatory lawyer in New York for 2014. In 2012, a derivatives transaction developed by Steven was cited as the best international structured product of the year by International Financial Law Review.
General Counsel, Prospera Group
Dranias serves as NeWay Capital LLC’s General Counsel, handling all corporate legal matters. Prior to this, he was Senior Litigation Counsel with the Government Accountability & Special Litigation Unit of the Arizona Attorney General. He also serves as Policy Advisor and Research Fellow with the Heartland Institute, as an expert and Speaker’s Bureau member with the Federalist Society, a Law and Civil Liberties Speaker for Students for Liberty, a Council of Scholars member with Compact for America Educational Foundation, as well as an Adjunct Instructor teaching Business Ethics and Law at Grand Canyon University.
Previously, Dranias served as President & Executive Director of Compact for America Educational Foundation where he led national efforts to organize the states to propose and ratify a federal Balanced Budget Amendment. Prior to that, Dranias was General Counsel, Policy Development Director and Constitutional Policy Director at the Goldwater Institute. Dranias led the Institute’s successful challenge to Arizona’s system of government campaign financing to the U.S. Supreme Court. Prior to that, he was an attorney with the Institute for Justice for three years and an attorney in private practice in Chicago for eight years, where he served as Young Lawyers Section co-editor of the Chicago Bar Association Record and earned the Oliver Wendell Holmes Award for his service.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
Judge, United States Court of Appeals, Second Circuit
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Charles I. Francis Professorship in Law, University of Texas at Austin School of Law
Professor Aaron Nielson lectures and writes in the areas of administrative law, civil procedure, and federal courts. Before joining the faculty, he served as Solicitor General of Texas and represented Texas before the U.S. Supreme Court and the Texas Supreme Court, as well as overseeing all appellate litigation for the State. Earlier in his career, he was a professor at Brigham Young University and an appellate and antitrust partner in the Washington, D.C. office of Kirkland & Ellis LLP. He also clerked for Justice Samuel A. Alito, Jr. of the U.S. Supreme Court, Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.
As Solicitor General, Professor Nielson successfully defended against a First Amendment challenge Texas’s law requiring online pornographers to institute age verification. In 2020, the U.S. Supreme Court appointed him to defend the constitutionality of a federal agency. He currently serves as a Senior Fellow of the Administrative Conference of the United States after completing a six-year term as an appointed public member and chair of the Conference’s Administration & Management Committee.
Nielson’s research focuses on administrative law, federal litigation, and the separation of powers. He has published (or soon will publish) in the Harvard Law Review, Columbia Law Review, University of Chicago Law Review, University of Pennsylvania Law Review, Duke Law Journal, Georgetown Law Journal, Cornell Law Review, and Northwestern University Law Review, among others. Nielson has been recognized for teaching for teaching and scholarship and in 2021 received the Federalist Society’s Joseph Story Award, which recognizes a young academic for excellence in legal scholarship, a commitment to teaching, and a concern for students, and who has made a significant public impact in a manner that advances the rule of law in a free society. He is also an elected member of the American Law Institute.
Professor Nielson received his J.D. magna cum laude from Harvard Law School and an LL.M from the University of Cambridge, where he focused his studies on the institutions that regulate global competition and commerce. He received his undergraduate degree summa cum laude from the University of Pennsylvania, majoring in economics and political science.
Partner, Gibson Dunn
Lucas C. Townsend is a litigation partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the firm’s Appellate and Constitutional Law and Intellectual Property practice groups.
Mr. Townsend has litigated a wide range of appellate and trial matters in federal and state court. Mr. Townsend’s appellate practice includes representing corporate clients in high-stakes commercial disputes, litigating cutting-edge legal issues before the Supreme Court of the United States, and representing pro bono clients before the courts of appeals. Mr. Townsend’s intellectual property practice includes representing pharmaceutical, internet, and other technology companies in patent and trademark disputes. In addition, Mr. Townsend regularly represents clients in litigation under the Administrative Procedure Act and provides counseling on accounting regulation.
Representative matters include serving as appellate counsel for the world’s largest social networking website and drafting successful briefing in a significant noninfringement appeal; briefing appeals on behalf of pharmaceutical patent holders in Hatch-Waxman Act litigation; drafting successful briefing for a documentary filmmaker’s First Amendment challenge to Colorado’s campaign finance laws; briefing appeals from final judgments in a landmark securities-fraud class action; representing a national hospital network in appellate litigation resulting in a $60 million reduction in a punitive damages award; representing broadcasters in litigation against the Federal Communications Commission under the Administrative Procedure Act; representing a for-profit education company in an enforcement action brought by the Consumer Financial Protection Bureau; and briefing numerous matters in the Supreme Court of the United States involving class certification, antitrust, employment, and constitutional issues.
Before joining the firm, Mr. Townsend served as a law clerk to the Honorable Samuel A. Alito, Jr. of the Supreme Court of the United States, the Honorable Maryanne Trump Barry of the United States Court of Appeals for the Third Circuit, and the Honorable Harold A. Ackerman of the United States District Court for the District of New Jersey. Mr. Townsend also served as an Attorney Adviser in the United States Department of Justice, National Security Division, from 2007 to 2009.
Mr. Townsend graduated magna cum laude from the Seton Hall University School of Law, where he was Executive Editor of the Seton Hall Law Review. He received an undergraduate degree in biochemistry from Cornell University.
Mr. Townsend is admitted to practice in the District of Columbia, New York, and New Jersey.
Acting Assistant Commissioner of Customs and Border Protection, Office of Professional Responsibility, U.S. Department of Homeland Security
Brian M. Fish is currently the Senior Advisor to the General Counsel at the Department of Homeland Security where he works on immigration and law enforcement issues. Previously, he was a trial attorney with the United States Immigration and Customs Enforcement, where he represented the Department of Homeland Security in removal hearings before the U.S. Immigration Court. Additionally, he was a Special Assistant United States Attorney and a Baltimore City homicide prosecutor. He is a member of the Federalist Society's Criminal Law & Procedure Practice Group Executive Committee and the President of its Baltimore Lawyers Chapter. He earned his B.A. from LaSalle University in 1992 and his J.D. from Loyola University New Orleans School of Law in 1998.
Founder, CGCN Law, PLLC