The Decline of Mercy in Criminal Justice and Public Life
Virginia Student Chapter
Zoom webinar -- University of VirginiaVirtual
Charlottesville, VA 22903
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Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Senior fellow, Manhattan Institute; Columnist, Wall Street Journal
Jason Riley is a senior fellow at the Manhattan Institute and a columnist for the Wall Street Journal, where he worked for more than 20 years writing opinion pieces on politics, economics, education, immigration and race, among other subjects. He’s also a commentator for Fox News, where he’s appeared for more than a decade.
After joining the Journal in 1994, he was named a senior editorial page writer in 2000 and a member of the Editorial Board in 2005. He joined the Manhattan Institute in 2015. In 2008 he published Let Them In, which argues for a more free-market oriented U.S. immigration policy. His second book, Please Stop Helping Us, which is about the track record of government efforts to help the black underclass, was published in 2014. His most recent book, False Black Power?, is an assessment of why black political success has not translated into more black economic success and was published in June.
Born in Buffalo, N.Y., Mr. Riley earned a bachelor's degree in English from the State University of New York at Buffalo. He has also worked for USA Today and the Buffalo News. He lives in suburban New York City.
Associate Dean for Faculty Development; Diane and M.O. Miller II Research Professor of Law, University of Notre Dame Law School
Randy Kozel joined the Law School faculty in 2011. He was named the Distinguished Teacher of the Year by the Class of 2014. He also directs the Notre Dame Program on Constitutional Structure.
Kozel teaches and researches in fields including constitutional law, federal courts, information privacy, and contract law, with a particular focus on the role of precedent in legal decision making. His recent scholarship exploring the connection between precedent and interpretive philosophy has been published or is forthcoming in journals including the Northwestern University Law Review, the Michigan Law Review, the California Law Review, the Vanderbilt Law Review, and the Texas Law Review. His book, entitled Settled Versus Right: A Theory of Precedent, makes the case for using precedent to bridge interpretive disagreements.
Kozel received his J.D., magna cum laude, from Harvard Law School, where he was the Articles Committee Chair of the Harvard Law Review. He served as a law clerk for U.S. Supreme Court Justice Anthony M. Kennedy and for Judge Alex Kozinski at the U.S. Court of Appeals for the 9th Circuit. He has also practiced as a litigator with a large law firm and as Special Counsel to the General Counsel at General Electric Company.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Lori Windham is vice president and senior counsel at Becket, where she has represented clients on cutting-edge religious freedom issues since 2005. She has represented parties before the Supreme Court, arguing Becket’s unanimous victory on behalf of foster families in Fulton v. Philadelphia, as well as working with the Becket team on its Supreme Court victories in Hosanna-Tabor, Hobby Lobby, and Little Sisters of the Poor. She won a victory for the world’s largest religious media network in EWTN v. Azar, staving off millions of dollars in government fines under unlawful the HHS mandate. She has won more than a dozen victories in federal appellate courts, including successful defense of cities and school districts sued for accommodating religion, victories for houses of worship facing discrimination in the land use process, and overturning a multimillion-dollar judgment against a major evangelical ministry. She recently won a first-in-the-nation injunction for an adoption agency threatened with shutdown for its religious beliefs.
Recognized in Washington as an expert on religious freedom issues, Lori has testified in Congressional oversight hearings before the U.S. House of Representatives Judiciary Committee and before the U.S. Commission on Civil Rights. Outside Washington, Lori is sought-after speaker on First Amendment law, including appearances at Yale Law School, Harvard Law School, Stanford Law School, Georgetown University Law Center, Central European University, and many others.
In addition to these venues, Lori also defends her clients in the media, including television appearances on CBS This Morning, Hardball, CNN Tonight, On the Record, America’s Newsroom, Opinion Journal, and many others. Her work has been covered by the New York Times, Wall Street Journal, Washington Post, and dozens of other papers. She is also a regular guest on radio, with appearances on shows ranging from Sean Hannity to NPR.
Lori has successfully represented a wide array of clients, including a Santeria priest prohibited from making animal sacrifices, synagogues prohibited from building on their own land, and religious student organizations penalized for their religious speech. One of her most challenging cases involved travel to a remote farming community to ensure that members of the local Amish community were not jailed for using their traditional building methods.
Lori is a graduate of Harvard Law School and earned her B.A. summa cum laude at Abilene Christian University. She has served on the Board of Visitors of Abilene Christian University and received the ACU Young Alumnus of the Year award for her work at Becket. She sits on the board of Dominion Christian School and the visiting committee of the Fund for American Studies’ Summer Law Fellowship.
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).
Professor of Law and Faculty Director for the Georgetown Center for the Constitution, Georgetown University Law Center
Stephanie Barclay is a Professor of Law at Georgetown Law School, and the Faculty Director of the Georgetown Center for the Constitution. Her research focuses on the role our different democratic institutions play in protecting minority rights, particularly at the intersection of free speech and religious exercise. Barclay‘s work is published or is forthcoming in leading journals such as the Harvard Law Review, the Chicago Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal Forum. One of her articles was also selected for the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Her work has been featured in many media outlets, including The New York Times, The Wall Street Journal, The Washington Post, USA Today, Bloomberg BNA, The Hill, and Law 360. And her work has also been cited by the U.S. Supreme Court.
Prior to joining Georgetown, Barclay was twice voted Professor of the Year. Barclay has also litigated constitutional cases at both the trial and appellate level, including before the U.S. Supreme Court. Barclay served as a law clerk to Judge N. Randy Smith on the U.S. Court of Appeals for the Ninth Circuit, and to Justice Neil M. Gorsuch of the U.S. Supreme Court.
Barclay is a Faculty Affiliate at the Constitutional Law Center at Stanford Law School; and she is a Nootbaar Fellow at the Nootbaar Institute on Law, Religion, and Ethics at Pepperdine University. She currently serves as the Chair for the AALS Law and Religion Section and as a Member of the Executive Committee for the AALS Constitutional Law Section. She graduated summa cum laude from BYU Law School, where she was elected to the Order of the Coif. She is completing a Ph.D. in Law at Oxford University as a Clarendon Scholar and a Tang Scholar.
President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law School
Mark joined the Becket team in 2011 and splits his time as Associate Professor at The Catholic University of America, Columbus School of Law, and as Visiting Professor at Harvard Law School. Mark teaches constitutional law, religious liberty, torts, and evidence. He has been voted Teacher of the Year three years in a row by the Law School’s Student Bar Association.
Mark has broad experience litigating First Amendment religious exercise and free speech cases. He has represented the winning parties in a variety of Supreme Court First Amendment cases including Hobby Lobby, Little Sisters, Wheaton College, and Holt. In January 2014, Mark argued before the Supreme Court in McCullen v. Coakley, a First Amendment challenge to a Massachusetts speech restriction outside of abortion clinics. The Justices ruled in favor of his clients 9-0. Mark also led a successful eight-year litigation battle against Governor Blagojevich’s effort to force religious pharmacists to distribute the morning-after and week-after pills.
Mark’s academic writing focuses on the First and Fourteenth Amendments, and has appeared in a variety of prestigious journals, including the Harvard Law Review.
Mark is a widely sought after speaker on constitutional issues, particularly concerning abortion and the First Amendment. Professor Rienzi has been invited to discuss these issues at Harvard Law School, Columbia University Law School, Georgetown University Law Center, Boston College Law School, Notre Dame Law School, the National Press Club, and the Capitol. He has been quoted on constitutional law issues on NPR, in the Washington Times, The New York Daily News, and the Chicago Sun-Times. Mark has also been featured on the Kelly File, Fox News Sunday, Your World with Neil Cavuto, Geraldo at Large, CNN Tonight, CNN Live, Andrea Mitchell Reports, and Wall Street Journal Live.
Prior to joining Becket, Mark served as counsel for the litigation department and the intellectual property litigation practice group of WilmerHale LLP. His practice focused on complex civil and appellate litigation with a particular emphasis on intellectual property and First Amendment issues. Prior to joining WilmerHale, he served as law clerk to the Hon. Stephen F. Williams, senior circuit judge for the U.S. Court of Appeals for the D.C. Circuit. Prior to that, Mark was an editor of the Harvard Law Review, and earned his J.D. from Harvard Law School and B.A. from Princeton University, both with honors.
Attorney General, Commonwealth of Kentucky
Daniel Cameron is the CEO of the 1792 Exchange, working to protect free exercise, free speech, and free enterprise and help American corporations return to the winning formula of producing great products and services, not pushing agendas.
Daniel previously served as the 51st Attorney General of Kentucky from 2019 to 2023. He was the first black American elected to a standalone statewide office in Kentucky’s history. Daniel then went on to win the Republican nomination for governor of Kentucky.
He grew up in Elizabethtown, Kentucky and attended the University of Louisville, where he played football for the Cardinals. After graduating from Brandeis School of Law, he clerked for a federal judge. Daniel later served as legal counsel to United States Senator Mitch McConnell.
Daniel and his wife are blessed with two sons: Theodore and Bennett. They reside in Louisville, Kentucky, a place they proudly call home.
Of Counsel, Squire, Patton, Boggs
Chad served as solicitor general from 2019 to 2021, overseeing all civil and criminal appellate litigation involving the commonwealth, and leading a team of nearly 30 appellate lawyers.
Chad has also served as the chief deputy general counsel (2015-2019) to the governor of Kentucky. In that role, he represented the governor in litigation and advised the governor and other executive branch officials on a wide variety of legal and policy issues.
After graduating law school, he clerked for Judge John M. Rogers on the US Court of Appeals for the Sixth Circuit, and also for Judge Amul R. Thapar on the US District Court for the Eastern District of Kentucky.
Partner, Wyatt Tarrant & Combs LLP
Thomas Travis is a member of Wyatt Tarrant & Combs' Litigation & Dispute Resolution Service Team. He assists with the representation of a broad range of clients in a variety of cases, including appellate practice, constitutional law, commercial litigation and transactional matters.
He was a clerk for Chief Justice John D. Minton, Jr., Supreme Court of Kentucky, and a legal fellow for United States Senator Rand Paul.
Assistant Professor of Law, University of Michigan Law School
Prof. Kate Andrias teaches and writes in the areas of constitutional and administrative law, labor law, and the law of democracy. Prof. Andrias previously served as Special Assistant and Associate Counsel to the President of the United States, and as Chief of Staff of the White House Counsel's Office. While in the White House, she focused on constitutional and administrative law issues and on domestic policy, including labor and immigration. Prior to joining the Obama Administration, Prof. Andrias was an attorney in the Washington, D.C., office of Perkins Coie LLP, where she practiced in the political law and appellate litigation groups. In addition, she clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court and Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit, and taught American Constitutional Law as a visiting professor at L'Institut d'Études Politiques (Sciences Po) in Paris. Prof. Andrias graduated from Yale Law School, where she served on the Yale Law Journal and as a Coker Fellow. Prior to law school, Prof. Andrias worked as a union organizer.
Associate Corporate Counsel and Staff Attorney, National Right to Work Legal Defense and Education Foundation, Inc.
Since January 2020, Amanda Freeman has been the National Right To Work Legal Defense Foundation’s Associate Corporate Counsel, working closely with Corporate Counsel Richard Clair who has been with the Foundation for more than forty-five years.
Amanda has also been, and continues to be, a staff attorney at the Foundation since September 2013. As a staff attorney, Amanda represents both public and private sector employees in disputes in federal and state courts and administrative agencies. She has also handled many settlements with employers and unions resolving disputes before they reached a court or agency.
Amanda was lead attorney in many cases and unfair labor practice charges challenging and seeking implementation of Michigan’s Right to Work law, which was effective March 28, 2013 – February 13, 2024. Clarkston Educ. Ass’n v. Conwell, 319 Mich. App. 422 (2017), appeal denied, 501 Mich. 1027 (2019); Saginaw Educ. Ass’n v. Eady-Miskiewicz, 319 Mich. App. 422 (2017), appeal denied, 501 Mich. 1027 (2018) (lead counsel for Appellees Snyder and Carr).
Prior to joining the Foundation, Amanda clerked for the Honorable Glen A. Huff (August 2011 – August 2013) and for the Honorable Robert J. Humphreys (August 2009 – July 2011) who were both on the Court of Appeals of Virginia.
Before and during law school, Amanda gained experience in the legal field while working as an administrative assistant and then a paralegal at Mauck & Baker, LLC in Chicago, Illinois, and as an intern at Lentz, Stepanovich & Bergethon, PLC in Virginia Beach, VA.
Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University
In memoriam
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
Associate Professor of Law, Georgetown University Law Center
Shon Hopwood’s unusual legal journey began prior to him attending law school and included the U.S. Supreme Court granting two petitions for certiorari he prepared. Shon’s research and teaching interests include criminal law and procedure, civil rights, and the constitutional rights of prisoners. He received a J.D. as a Gates Public Service Law Scholar from the University of Washington School of Law. He served as a law clerk for Judge Janice Rogers Brown of the U.S. Court of Appeals for the District of Columbia Circuit. And his legal scholarship has been published in the Harvard Civil Rights-Civil Liberties, Fordham, and Washington Law Reviews, as well as the American Criminal Law Review and Georgetown Law Journal’s Annual Review of Criminal Procedure.
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.