The Impact of COVID-19 on the Legal Profession
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Founder, Original Jurisdiction
David Lat is a lawyer turned writer. He publishes Original Jurisdiction, a newsletter on Substack about law and legal affairs, and he writes for newspapers and magazines, including the New York Times, Washington Post, and Wall Street Journal. Prior to launching Original Jurisdiction, David founded Above the Law, one of the nation's most widely read legal news websites, and Underneath Their Robes, a popular blog about federal judges that he wrote under a pseudonym. He is also the author of a novel set in the world of the federal courts, Supreme Ambitions. Before entering the media world, David worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz, in New York; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. David graduated from Harvard College and Yale Law School, where he served as an editor of the Yale Law Journal.
Dean and Bernard G. Segal Professor of Law, University of Pennsylvania Law School
Theodore Ruger brings fresh insight to the study of some of the oldest questions of American law – namely the theoretical justifications for, and empirical contours of, the application of judicial authority. In exploring these issues, Ruger supplements traditional legal analysis with the methods of other disciplines, including history and political science. His work has appeared in the Harvard Law Review, the Columbia Law Review, the University of Pennsylvania Law Review, the University of Pennsylvania Journal of Constitutional Law, the Northwestern Law Review, and as the centerpiece of a symposium in Perspectives on Politics, a leading peer-reviewed political science journal. In addition to his interests in constitutional law and legislation, Ruger also teaches and writes in the area of health law and pharmaceutical regulation. His current research in that field draws on his broader work on judicial power and constitutionalism, and addresses the manner in which American legal institutions – including the U.S. Supreme Court – have shaped the field of health law over the past two centuries.
Attorney, Institute for Justice
Anya Bidwell (née Cherkasova) leads IJ’s Project on Immunity and Accountability (“PIA”). Through this project, Anya works to promote judicial engagement and ensure that government officials are held to account when they violate individuals’ constitutional rights. Anya also serves as an adviser on the American Law Institute’s Restatement of the Law, Constitutional Torts project.
One of Anya’s PIA cases—Gonzalez v. Trevino—was heard by the United States Supreme Court on March 20, 2024. She argued the case for the petitioner, with the goal of convincing the Justices that retaliatory arrests not involving on-the-spot decisions by police officers should be actionable under the First Amendment regardless of probable cause. The decision is expected in June.
This was Anya’s third appearance before the U.S. Supreme Court. She second-chaired Brownback v. King (an excessive force case) and Tennessee Wine & Spirits Retailers Association v. Thomas (a commerce clause case) in November 2020 and January 2019 respectfully.
Before joining IJ, Anya worked for a top national law firm, handling cases in trial and appellate courts. She earned her J.D. with honors from the University of Texas. Two years prior to entering law school, Anya received a master’s degree in Global Policy Studies, also from the University of Texas, and wrote a thesis on asymmetric warfare.
Anya spent her childhood in Ukraine and Kyrgyzstan. At 16, she left her family behind and came to America on a university scholarship. Her upbringing motivated her to study law and become an advocate for a strong, independent judiciary.
Anya’s work has been featured in numerous publications, including the Washington Post, the Wall Street Journal, the New York Times, USA Today, and the Guardian. She is also the host of live recordings of our Short Circuit podcast and a co-producer of our documentary-style podcast Bound by Oath.
Justice Thurgood Marshall Distinguished Professor of Law, University of Virginia School of Law
Brandon L. Garrett joined the law faculty in 2005. His research and teaching interests include criminal procedure, wrongful convictions, habeas corpus, corporate crime, scientific evidence, civil rights, civil procedure and constitutional law. Garrett’s recent research includes studies of DNA exonerations and organizational prosecutions. The research web pages below provide data related to those studies.
Garrett’s recent book examining corporate prosecutions, titled “Too Big to Jail: How Prosecutors Compromise with Corporations,” was published by Harvard University Press in Fall 2014. Translations are forthcoming in Spain and Taiwan. A new book titled “End of its Rope: How Killing the Death Penalty Can Revive Criminal Justice,” examining the implications of the decline of the death penalty, is forthcoming in Fall 2017 from Harvard University Press. In 2011, Harvard University Press published Garrett’s book, "Convicting the Innocent: Where Criminal Prosecutions Go Wrong," examining the cases of the first 250 people to be exonerated by DNA testing. That book was the subject of a symposium issue in New England Law Review, and received an A.B.A. Silver Gavel Award, Honorable Mention, and a Constitutional Commentary Award. It was translated for editions in China, Japan and Taiwan. In 2013, Foundation Press published Garrett’s casebook, “Federal Habeas Corpus: Executive Detention and Post-Conviction Litigation,” co-authored with Lee Kovarsky. Garrett’s work has been widely cited by courts, including the U.S. Supreme Court, lower federal courts, state supreme courts, and courts in other countries, such as the Supreme Courts of Canada and Israel. Garrett also frequently speaks about criminal justice matters before legislative and policymaking bodies, groups of practicing lawyers, law enforcement, and to local and national media.
Garrett attended Columbia Law School, where he was an articles editor of the Columbia Law Review and a Kent Scholar. After graduating, he clerked for the Hon. Pierre N. Leval of the U.S. Court of Appeals for the Second Circuit. He then worked as an associate at Neufeld, Scheck & Brustin LLP in New York City.
Partner, Eimer Stahl LLP
Ryan is a partner at Eimer Stahl LLP and is based in the firm’s Madison office. He focuses his practice on appellate and complex litigation in a wide variety of areas, including antitrust, constitutional law, corporate law, environmental, ERISA, products liability, and white collar. As part of his practice, Ryan devotes significant time to matters of legal strategy and the art of written and oral advocacy.
Ryan previously served as Chief Deputy Solicitor General of Wisconsin, securing numerous wins in the Supreme Court of the United States, in three federal courts of appeal, and in the state supreme court. Ryan built national, bipartisan coalitions of attorneys general and agencies in support of several lawsuits and briefing efforts, including a Wisconsin-led, 12-state coalition whose suit against the Federal Communications Commission prompted that agency to reverse a major new rule. When he left government, Ryan had a perfect win record in all of his cases to have reached final judgment.
Earlier in his career, Ryan worked in Washington D.C. as an associate in the appellate group of one of the world’s largest law firms.
Ryan also served as a law clerk on the U.S. Supreme Court for the Honorable Antonin Scalia and on the U.S. Court of Appeals for the Ninth Circuit for the Honorable Diarmuid F. O’Scannlain.
Ryan was named to Forbes’ “30 Under 30: Law and Policy” list in 2017. His briefing has won awards from the National Association of Attorneys General and the International Municipal Lawyers Association. He has also won a “best brief” accolade from the State Bar of Wisconsin in the civil category for his written work defending Wisconsin’s right-to-work law.
Partner, Eimer Stahl LLP
Ryan is a partner at Eimer Stahl LLP and is based in the firm’s Madison office. He focuses his practice on appellate and complex litigation in a wide variety of areas, including antitrust, constitutional law, corporate law, environmental, ERISA, products liability, and white collar. As part of his practice, Ryan devotes significant time to matters of legal strategy and the art of written and oral advocacy.
Ryan previously served as Chief Deputy Solicitor General of Wisconsin, securing numerous wins in the Supreme Court of the United States, in three federal courts of appeal, and in the state supreme court. Ryan built national, bipartisan coalitions of attorneys general and agencies in support of several lawsuits and briefing efforts, including a Wisconsin-led, 12-state coalition whose suit against the Federal Communications Commission prompted that agency to reverse a major new rule. When he left government, Ryan had a perfect win record in all of his cases to have reached final judgment.
Earlier in his career, Ryan worked in Washington D.C. as an associate in the appellate group of one of the world’s largest law firms.
Ryan also served as a law clerk on the U.S. Supreme Court for the Honorable Antonin Scalia and on the U.S. Court of Appeals for the Ninth Circuit for the Honorable Diarmuid F. O’Scannlain.
Ryan was named to Forbes’ “30 Under 30: Law and Policy” list in 2017. His briefing has won awards from the National Association of Attorneys General and the International Municipal Lawyers Association. He has also won a “best brief” accolade from the State Bar of Wisconsin in the civil category for his written work defending Wisconsin’s right-to-work law.
Partner, Williams & Connolly
Sarah Harris is a partner in Williams & Connolly’s Supreme Court and Appellate practice, where she represents clients in high-stakes appeals in the U.S. Supreme Court and federal and state appellate courts across the country. She has argued five cases before the U.S. Supreme Court, and she has presented many arguments in federal courts of appeals and state appellate courts. Her cases have run the gamut of substantive areas, including constitutional law—especially First Amendment and separation-of-powers issues—as well as administrative law, arbitration, class actions, antitrust, False Claims Act litigation, commercial litigation, and federal civil procedure.
Sarah is widely recognized for her appellate advocacy. Chambers USA has recognized her as “Up and Coming” in Appellate Law. She has been named to Bloomberg Law’s 40 Under 40 list of top lawyers nationwide and to Benchmark Litigation’s “40 & Under Hot List,” as well as a an appellate “Rising Star” by The National Law Journal and Law360, a “Next Generation Lawyer” by The Legal 500, and as one of Bloomberg Law’s “Five Fresh Faces to Know in Appellate.”
Sarah clerked for Justice Clarence Thomas on the Supreme Court of the United States, Judge Laurence Silberman on the United States Court of Appeals for the D.C. Circuit, and Judge Sandra Lynch on the United States Court of Appeals for the First Circuit. Before joining Williams & Connolly, she served as a Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel.
Sarah received her undergraduate degree summa cum laude from Princeton University, and her J.D. magna cum laude from Harvard Law School. She also holds a Ph.D. and M. Phil. from the University of Cambridge.
Senior Counselor, The Cohen Group
Over the course of a 34-year career in the Foreign Service, Ambassador Jeffrey Davidow became one of America's most senior and well-respected diplomats. He has extensive experience in both Latin America and Africa, having served as US Ambassador to Mexico, Venezuela, and Zambia. He also headed the State Department's efforts in Latin America, serving as Assistant Secretary of State for Western Hemisphere Affairs. He retired in 2003 from the US State Department with the rank of Career Ambassador, the highest position in the Foreign Service which, by law, can be held by no more than five individuals at one time.
In 1993, President Clinton nominated Ambassador Davidow to be US Ambassador to Venezuela, a position he held until 1996. From 1996 to 1998, he was the State Department's chief policymaker for the Western Hemisphere, serving as Assistant Secretary of State for that region. President Clinton nominated Ambassador Davidow again in 1998, this time as US Ambassador to Mexico. Ambassador Davidow held this post from 1998 until 2002. After leaving Mexico in September 2002, he became a Visiting Fellow at the John F. Kennedy School of Government and the David Rockefeller Center for Latin American Studies.
Ambassador Davidow joined the US Foreign Service in 1969 and began his career at the American Embassy in Guatemala. He later became the head of the liaison office at the US Embassy in Zimbabwe and later returned to the US to act as the Director of the Office of Southern African Affairs in 1985. He also pursued a fellowship at Harvard University. In 1988, President Ronald Reagan nominated him to be US Ambassador to Zambia, a position he held until 1990. After his ambassadorship to Zambia, he served as Deputy Assistant Secretary of State for Africa. Ambassador Davidow spent many years involved in multiple negotiations in southern Africa - Angola, Namibia, Mozambique, Zimbabwe, and South Africa itself - that helped bring relative peace to that region.
Since leaving the Foreign Service, Ambassador Davidow has served as President of the Institute of the Americas in San Diego. Established in 1983, the Institute of the Americas is a leading institution in United States-Canada-Latin America cooperation. The Institute, best known for its energy and technology programs, brings together business and government leaders and representatives of civil society in forums designed to seek ways in which public and private entities can collaborate, clarify rules and regulations so private enterprise can flourish, promote the development of infrastructure through public-private funding, and implement effective policies for managing economic growth in Latin America.
Ambassador Davidow is also an accomplished public speaker and author. He has published articles in Foreign Policy and Foreign Affairs and authored two books, one on international negotiations and the other, The US and Mexico: The Bear and the Porcupine, a bestseller in Mexico and a prominent textbook at American universities. He speaks frequently on hemispheric policy and on Mexican developments for organizations such as the North American Forum, the Trilateral Commission, the Woodrow Wilson Center, the Pacific Council, the Chinese Academy of Social Sciences, the InterAmerican Development Bank, and many university and other groups. He also served as an adviser to President Obama for the 2009 Summit of the Americas.
A native of Massachusetts, Ambassador Davidow received a BA from the University of Massachusetts in 1965 and an MA from the University of Minnesota in 1967. He also did postgraduate work in India in 1968 on a Fulbright travel grant.
Senior Policy Analyst, Latin America and the Western Hemisphere, The Heritage Foundation
Ana Rosa Quintana leads The Heritage Foundation’s efforts on U.S. policy toward Latin America.
She has authored numerous policy studies included but not limited to Mexico, Central America, Cuba, Colombia and Venezuela. She has written articles for a wide range of outlets including The Atlantic, Real Clear World, the National Interest, The Hill, and various publications. She has presented at the State Department and other U.S. government agencies. Her work has been cited in media venues such as The Washington Post, The Wall Street Journal, Bloomberg Business, The Guardian, and she has been a commentator on media outlets like Fox News, MSNBC, and Al Jazeera. She has also testified multiple times before the U.S. Congress.
Quintana holds a Master of Arts degree in global affairs and a bachelor’s degree in political science, both from Florida International University. She also received certificates in National Security, Latin American and Caribbean studies. She was a scholar in the university’s Jack D. Gordon Institute for Public Policy and Citizenship Studies. She’s fluent in Spanish and studied in Minas Gerais, Brazil, on a scholarship sponsored by the Department of Defense.
She was formerly a National Security Fellow with the Foundation for Defense of Democracies and a former Penn Kemble Democracy Forum Fellow with the National Endowment for Democracy.
Prior to joining Heritage, she was a student trainee at the Defense Intelligence Agency. She also held internships at Virginia-based International Relief and Development, where she worked on rule of law issues in Latin America, and at the U.S. Agency for International Development, where she worked on civilian-military cooperation.
Of Counsel, DLA Piper LLP (US)
Harout J. Samra – a Board Certified Specialist in International Law – focuses his practice on international dispute resolution and arbitration matters, including international civil litigation in US courts.
Harout has represented clients from both the public and private sectors, including foreign governments, public officials and clients from a variety of industries. He has experience in international arbitrations administered under the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), United Nations Commission on International Trade Law (UNCITRAL), China International Economic and Trade Arbitration Commission (CIETAC), Bogota Chamber of Commerce, Madrid Court of Arbitration and International Centre for Settlement of Investment Disputes (ICSID) arbitration rules.
Harout currently serves as a member of the Florida Supreme Court Judicial Nominating Commission, by appointment of Governor Ron DeSantis. He previously served, by appointment of Governor Rick Scott, as a member of the Florida Third District Court of Appeal Judicial Nominating Commission, and was elected as Chair of the Commission from 2018-2019.
Michael J. Marks Professor of Law, University of Chicago Law School
M. Todd Henderson is the Michael J. Marks Professor of Law at the University of Chicago Law School. Professor Henderson’s research interests include corporations, securities regulation, and law and economics. He has taught classes ranging from Banking Regulation to Torts to American Indian Law.
Professor Henderson received an engineering degree cum laude from Princeton University in 1993. He worked for several years designing and building dams in California before matriculating at the Law School. While at the Law School, Todd was an editor of the Law Review and captained the Law School's all-University champion intramural football team. He graduated magna cum laude in 1998 and was elected to the Order of the Coif. Following law school, Todd served as clerk to the Hon. Dennis Jacobs of the US Court of Appeals for the Second Circuit. He then practiced appellate litigation at Kirkland & Ellis in Washington, DC, and was an engagement manager at McKinsey & Company in Boston, where he specialized in counseling telecommunications and high-tech clients on business and regulatory strategy.
Partner, Jones Day
Don McGahn represents clients before government agencies, in enforcement matters, and in court disputes arising from government regulation or action. He handles litigation, crisis management, regulatory compliance, and political issues.
Prior to rejoining Jones Day in 2019, Don served as Counsel to the President of the United States, advising Donald J. Trump on all legal issues concerning the President and his administration, including constitutional and statutory authority, executive orders, international agreements, tariffs, trade, administrative law, and national security. Don also managed the judicial selection process for the President. During Don's tenure, a historic number of judges were appointed to the federal bench, including two Supreme Court justices. In addition, he spearheaded President Trump's deregulation efforts, which resulted in deregulation at record rates. Following Don's departure from the White House, the President appointed him to the Council of the Administrative Conference of the United States, a nonpartisan, independent agency dedicated to promoting improvement to administrative agency processes.
Don's accomplishments have been recognized at the highest levels of government. Senate Majority Leader Mitch McConnell stated that Don concluded his tenure "not only as the best White House Counsel I've seen on the job, but more broadly, as one of the most successful and consequential aides to any President in recent memory."
Don was nominated by President George W. Bush in 2008, and confirmed in the Senate by unanimous consent, to serve as a member of the Federal Election Commission. He also served as outside Counsel to the Committee on House Administration during the 113th and 114th Congresses and as general counsel to the National Republican Congressional Committee.
Dean and Sol & Lillian Goldman Professor of Law, Yale Law School
Heather Gerken is the Dean and Sol & Lillian Goldman Professor of Law at Yale Law School. Dean Gerken is one of the country’s leading experts on constitutional law and election law. A founder of the “nationalist school” of federalism, her work focuses on federalism, diversity, and dissent.
Hailed as an “intellectual guru” in the New York Times, Gerken’s scholarship has been featured in The Atlantic, the Boston Globe, NPR, the New York Times, and Time. In 2017, Politico Magazine named Gerken one of The Politico 50, a list of idea makers in American politics. Her work on election reform has affected policy at a national level.
At Yale, she founded and runs the country’s most innovative clinic in local government law, the San Francisco Affirmative Litigation Project (SFALP). Professor Gerken is also a renowned teacher who has won awards at both Yale and Harvard. She was named one of the nation’s “twenty-six best law teachers” in a book published by the Harvard University Press.
A native of Massachusetts, Gerken graduated from Princeton University, where she received her A.B. degree, summa cum laude in 1991. A Darrow Scholar, she graduated from the University of Michigan Law School summa cum laude in 1994. Gerken currently serves as a trustee for Princeton University.
After law school, Dean Gerken clerked for Judge Stephen Reinhardt of the 9th Circuit and Justice David Souter of the United States Supreme Court. She then served as an appellate lawyer in Washington, D.C., before joining the Harvard Law School faculty in 2000. Gerken came to Yale in 2006 and became the inaugural J. Skelly Wright Professor of Law in 2008. She became dean of Yale Law School on July 1, 2017.
Gerken has published extensively. Her work has been featured in the Harvard Law Review, the Yale Law Journal, the Stanford Law Review as well as numerous popular publications. Her work has been the subject of four symposia, and she has served as a commentator for a number of major media outlets, including The New York Times, The New Yorker, NPR, CNN, MSNBC, and NBC News. Dean Gerken served as a senior advisor to the Obama campaign in 2008 and 2012. In 2013, her proposal for creating a “Democracy Index” – a national ranking of election systems — was adopted by the Pew Charitable Trusts, which created the nation’s first Election Performance Index. She has been featured in the National Law Journal for balancing teaching and research, won a Green Bag award for legal writing, and has testified before the Senate three times. Gerken is a member of the American Academy of Arts and Sciences.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.