Associate Dean for Faculty Development; Diane and M.O. Miller II Research Professor of Law, University of Notre Dame Law School
Biography
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.
Gregg is an attorney, public policy professional, and veteran of the conservative legal movement. He served as Chief Nominations Counsel to the Senate Judiciary Committee, playing a key strategic role in the confirmation proceedings for scores of federal judges and executive branch appointees. He also served as policy counsel to the Senate Republican Policy Committee, and later as general counsel and domestic policy adviser to Sen. Marco Rubio. Earlier in his career, Gregg served in the U.S. Department of Justice’s Civil Rights Division and worked as a litigator in an international law firm.
Daniel Kelly brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience. Dan’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services, including emerging and established biomedical, intelligence, pharma, security, and textile R&D, manufacturing and production houses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies; Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers; and raw materials and component suppliers to large military prime contractors.
Dan is the author of the August 2018 edition Thomson Reuters’ Briefing Papers, which provides a comprehensive review of patent rights under “Other Transaction Agreements” (OTAs) with DoD and NASA. Heavily promoted by Congress, and only partially understood by industry, OTAs are quickly becoming DoD’s and NASA’s contractual vehicle of choice to lure commercial companies to sell the Government their latest and greatest technologies. However, OTAs are not governed by standard government contracts laws and regulations, meaning there are significant changes to the common provisions of ownership and license rights incident to government contracts and grants. The Briefing Paper should be required reading before entities enter into an OTA as a vehicle for developing new technologies for NASA and DoD to ensure their company’s intellectual property efforts are properly protected
In the matters, AdvanceMed Corporation, B-415360,B-415360.2,B-415360.3 (Dec 19, 2017), and AdvanceMed Corporation, B-414373.3 (Jan 10, 2018) Dan and the Government Contracts team at McCarter successfully defended its client Health Integrity, LLC (now Qlarant) against protests launched at the Government Accountability Office challenging awards by the Centers for Medicare and Medicaid Services (CMS) for Medicare and Medicaid audit and program integrity services.
Dan serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.
Dan serves as an adjunct member of the faculty at Suffolk University Law School where he has taught Government Contracts.
Dan receives Mentor of the Year Award in recognition of his contributions and support to NCMA Boston Chapter’s 2017-2018 Program Year.
Alexander Major is a partner and co-leader of the firm’s Government Contracts & Export Controls Practice Group. Mr. Major focuses his practice on federal procurement, cybersecurity liability and risk management, and litigation. A prolific author and thought leader in the area of cybersecurity, his professional experience involves a wide variety of litigation and counseling matters dealing with procurement laws and federal regulations and standards. His diverse experience includes complex litigation in federal court under the qui tam provisions of the False Claims Act and bid protest actions. He counsels all sizes of companies on issues relating to compliance with government regulations including, among other things, cybersecurity (NIST, FIPS, FedRAMP, and DFARS) requirements, multiple award schedule compliance, Section 508 issues, country of origin requirements under the Buy American and Trade Agreements Acts, cost accounting, and small business requirements. He also regularly conducts internal investigations to assist companies ensure that they are in full compliance with the law.
Mr. Major is a contributing author to Computer Software Protection-Liability-Law-Forms, “Chapter 21 - Cloud Computing” (Thomson Reuters), 2018-present. He was also a founding editor and contributing author to the Cloud Computing Legal Deskbook (Thomson Reuters), an annual publication addressing cloud computing issues and solutions for commercial and government end users and suppliers.
Mr. Major is a retired U.S. Air Force intelligence officer who most recently served as a U.S. Air Force Academy Admissions Liaison Officer for the state of Maryland in the Air Force Reserves.
Mr. Major has experience handling commercial and government contract compliance and litigation matters, including cases involving False Claims Act, fraud, embezzlement, and RICO. Mr. Major has also managed complex electronic discovery and pre-trial civil matters on behalf of Fortune 500 companies and individuals in diverse state and federal civil and criminal proceedings.
Franklin Turner is a Partner and Co-Leader of the Government Contracts & Export Controls Practice Group. He is an innovative business lawyer with significant experience resolving complex government contracts issues for a broad array of companies – ranging from multinational Fortune 100 corporations to mid‑market and small businesses. Mr. Turner routinely represents clients in the aerospace, defense, information technology, health care and industrial supply sectors.
Mr. Turner’s multifaceted practice includes assisting companies with comprehensive claims for payment, prosecuting and defending bid protests, counseling companies regarding small business regulations and related issues, conducting internal investigations to ensure his clients’ compliance with federal procurement regulations and related statutes, preparing and submitting mandatory and voluntary disclosures, counseling prime contractors and subcontractors regarding disputes, defending companies against False Claims Act allegations, counseling companies regarding issues of cost allowability, allocability and reasonableness, designing and implementing comprehensive regulatory compliance programs, and assisting government contractors in connection with mergers and acquisitions due diligence.
Mr. Turner is a prolific author and lecturer and is routinely called upon by national and international news organizations to offer his insight regarding developments in the federal procurement industry.
Over the course of his career, Mr. Turner has represented clients in connection with disputes involving a multitude of federal government entities, including the: General Services Administration, Department of Homeland Security, Department of the Navy, Department of the Air Force, Department of the Army, Department of State, Department of Health and Human Services, Department of Justice, Department of the Interior, Department of the Coast Guard, National Aeronautics and Space Administration, Defense Information Systems Agency, National Reconnaissance Office, United States Postal Service, Defense Contract Audit Agency and Defense Contract Management Agency.
Professor of Law, Northwestern University Pritzker School of Law
Biography
Joshua Kleinfeld teaches and writes about political, legal, and moral philosophy, criminal law, and criminal procedure. He also practices law in Northwestern's Juvenile Criminal Defense Clinic. He is a full professor with tenure at the Northwestern Pritzker School of the Law and (by courtesy) in Northwestern’s philosophy department. In 2017-18, he was a visiting professor at Harvard and Stanford Law Schools. He is the recipient of the Bator Award, given annually to one American law professor under the age of 40 who has demonstrated "excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact."
In philosophy, Kleinfeld's research focuses on the idea of "embodied ethical life," as developed in the socio-theoretic tradition of Hegel, Weber, and Durkheim. This tradition aims to understand and critique social life by bringing to light the normative ideas implicit in social practices and institutions. In law, this means that the most interesting philosophical concepts are often those reflected or actualized in legal practice – in the law as judges and lawyers think of it and wield it.
In criminal law and procedure, Kleinfeld has developed a theory known as "reconstructivism," which holds that the chief office of criminal law is not to dole out retributive justice, nor to optimize crime and cost control, but to reconstruct a violated normative order in the wake of a crime. This work, which draws on the thought of Hegel, Durkheim, Jean Hampton, and Antony Duff, develops an alternative to retributive and utilitarian theories of criminal law by focusing on the distinctive social function and sense of justice at work in the criminal system.
Kleinfeld is also involved in practical criminal justice reform. In this vein, he defends children accused of homicide in the Northwestern Juvenile Criminal Defense clinic and assists in litigation efforts meant to reform American criminal law through the courts. He has also developed a view of criminal justice reform known as "democratization," which holds that the root of the American criminal justice crisis is a set of bureaucratic attitudes, structures, and incentives divorced from the American public’s concerns and sense of justice, and that the primary solution is to make criminal justice more community-focused and responsive to lay influences. Working with others, he has developed a number of policy proposals meant to reform American criminal justice in a democratic direction.
Kleinfeld holds a JD from Yale Law School, a PhD in philosophy from the Goethe University of Frankfurt (supervised by Axel Honneth, Klaus Günther, and Rainer Forst), and a BA in philosophy from Yale College. He clerked for Judge J. Harvie Wilkinson on the United States Court of Appeals for the Fourth Circuit; Judge Janice Rogers Brown on the United States Court of Appeals for the D.C. Circuit; and President (chief justice) Aharon Barak of the Supreme Court of Israel. He worked as an Associate at Debevoise & Plimpton LLP in Frankfurt, Germany, in the area of corporate criminal law. Before law school, he worked as a Senior Research Analyst at the White House’s Council on Bioethics.
Jeffrey Harris is an experienced litigator who focuses on constitutional, appellate, and regulatory matters. He is currently a partner at Consovoy McCarthy Park PLLC. In 2015, he was named to the Legal Times list of “D.C.’s Rising Stars,” which identified “some of the most accomplished young attorneys in the D.C. area.” Mr. Harris previously served as Associate Administrator of the Office of Information and Regulatory Affairs (OIRA). In that role, he was second in charge of the 50-person office within the Executive Office of the President that reviews all significant federal regulatory actions and coordinates regulatory policy across the federal government.
Before his government service, Mr. Harris was a partner at Bancroft PLLC and Kirkland & Ellis LLP, where his practice focused on Supreme Court, appellate, and complex litigation. Mr. Harris has extensive experience litigating before the U.S. Supreme Court. He has been the lead drafter of more than 100 merits briefs, amicus briefs, and certiorari-stage briefs, and he has contributed to 10 wins in cases before the Court.
Mr. Harris has also litigated numerous high-profile cases in the federal courts of appeals, federal and state trial courts, administrative agencies, and arbitral tribunals. He has successfully argued before the U.S. Courts of Appeals for the Sixth, Ninth, Eleventh, and D.C. Circuits, achieving wins on behalf of airlines, telecommunications providers, and pro bono clients. He has also argued numerous dispositive motions in federal district court and has participated in the trial of a significant voting rights case.
Mr. Harris served as a law clerk to Chief Justice John G. Roberts, Jr., of the U.S. Supreme Court, and Judges David Sentelle and Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit. He earned his J.D. magna cum laude from Harvard Law School and his A.B. magna cum laude from Georgetown University. He is a member of the District of Columbia and Virginia bars.
Senior Counsel, Committee on Oversight and Accountability, U.S. House of Representatives
Biography
Daniel Flores is a Senior Counsel on the Republican staff of the Committee on Oversight and Accountability, U.S. House of Representatives. Prior to his current position, he served in the House as Chief Counsel for the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Before coming to the House, he served as an Acting Associate Deputy General Counsel for the U.S. Environmental Protection Agency and in other roles in EPA's Office of General Counsel, as a Senior Trial Attorney for the U.S. Department of Justice, Environment and Natural Resources Division, and as an attorney in private practice in Washington, D.C. He serves as a House liaison to the Administrative Conference of the United States and has served on the Council of the American Bar Association’s Section on Administrative Law & Regulatory Practice
Attorney-Adviser, Office of Legal Counsel, U.S. Department of Justice
Biography
Kristin Shapiro currently serves as an attorney in the Office of Legal Counsel of the Department of Justice. Prior to joining DOJ, Ms. Shapiro served as an Assistant General Counsel of the U.S. House of Representatives. She received her law degree from Northwestern in 2009, where she graduated magna cum laude and was second in her class. After law school, she clerked for Judge Alex Kozinski. Prior to joining the House, Ms. Shapiro was an associate at Williams & Connolly, where she litigated numerous cases in the Supreme Court and federal courts of appeal and district courts. Ms. Shapiro is also a senior fellow at the Independent Women's Forum, where she has developed a budget-neutral proposal for a federal parental leave policy upon which multiple congressional bills have been based. Ms. Shapiro's commentary has been published by the Wall Street Journal and the New York Times.
Judge, United States Court of Appeals, Eleventh Circuit
Biography
On March 20, 2018, Judge Elizabeth L. Branch (Lisa) was sworn in as a United States Circuit Judge for the Eleventh Circuit.
Judge Branch attended and graduated from Davidson College in North Carolina (B.A., cum laude, 1990), and Emory University School of Law (J.D., with distinction, 1994).
After graduating from law school, Judge Branch served as a federal law clerk to The Honorable J. Owen Forrester of the U.S. District Court for the Northern District of Georgia from 1994 to 1996. Following her clerkship, Judge Branch joined the litigation department of Smith, Gambrell & Russell, LLP in Atlanta as an associate and then a partner.
From 2004 to 2008, Judge Branch was a senior official in the Administration of President George W. Bush in Washington, D.C. She served first as the Associate General Counsel for Rules and Legislation at the U.S. Department of Homeland Security and then as the Counselor to the Administrator of the Office of Information and Regulatory Affairs at the U. S. Office of Management and Budget.
She returned to Smith Gambrell in 2008 as a litigation partner. Judge Branch then was appointed to the Court of Appeals of Georgia by Governor Nathan Deal, taking office on September 4, 2012, where she served until March 19, 2018.
Judge Branch is a member of the Board of Advisors of the Atlanta Lawyers Chapter for the Federalist Society for Law and Public Policy Studies.
Judge, United States Court of Appeals, Eleventh Circuit
Biography
Britt C. Grant is a judge on the U.S. Court of Appeals for the Eleventh Circuit. Judge Grant was appointed to the federal bench in August 2018 after serving as a Justice on the Supreme Court of Georgia. Prior to her judicial appointment, she served as the Solicitor General of Georgia and practiced in the Washington, D.C. office of Kirkland & Ellis. Upon graduation from law school, Judge Grant served as a law clerk to then-Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit. She earned her J.D., with distinction, from Stanford Law School, where she was the Co-Founder of the Stanford National Security and the Law Society, and the President of the Stanford Law chapter of the Federalist Society. Before enrolling in law school, Judge Grant served in The White House in a variety of domestic policy roles as well as on the staff of Congressman Nathan Deal. Judge Grant earned her B.A., summa cum laude, from Wake Forest University, where she was inducted into Phi Beta Kappa. She now lives in Atlanta, Georgia with her husband and three children.
President, American Constitution Society Penn State Law Student Chapter
Speaker Information
Dallas Kephart
President, Penn State-University Park Student Chapter
Speaker Information
Heidi Kitrosser
Robins, Kaplan, Miller & Ciresi Professor of Law, University of Minnesota Law School
Biography
Professor Heidi Kitrosser joined the University of Minnesota Law School faculty in 2006. She was a visiting professor at the Law School from 2005-06, and an assistant professor at Brooklyn Law School from 2003-2006.
Kitrosser is an expert on the constitutional law of federal government secrecy and on separation of powers and free speech law more broadly. She has written, spoken, and consulted widely on these topics. Her book, Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution, was published in 2015 by the University of Chicago Press. It was awarded the 2014 IIT Chicago-Kent College of Law / Roy C. Palmer Civil Liberties Prize. Kitrosser’s articles have appeared in many venues, including Supreme Court Review, Georgetown Law Journal, Journal of National Security Law and Policy, Minnesota Law Review, and Constitutional Commentary.
Kitrosser is a 2017 Guggenheim Fellow. She is spending the 2017-18 school year using her fellowship to work on a new book about the law and policy of whistleblowing among federal government employees and contractors.
Kitrosser graduated from UCLA in 1992, summa cum laude and Phi Beta Kappa, with a B.A. in political science. She received her J.D. degree from Yale Law School in 1996. During her third year at Yale, she won the Harlan Fiske Stone Prize for best oral argument in the Morris Tyler Moot Court of Appeals.
Following law school, she clerked for Judge William Rea on the District Court for the Central District of California and for Judge Judith Rogers on the U.S. Court of Appeals for the District of Columbia Circuit. She also worked as an associate at the Washington, D.C., office of Jenner & Block.
For more information, download Professor Kitrosser’s curriculum vitae.
Dean and Distinguished Professor of Law, Penn State Law
Biography
Hari M. Osofsky is Dean of Penn State Law and the Penn State School of International Affairs and Distinguished Professor of Law, Professor of International Affairs, and Professor of Geography. As dean, she is deeply committed to collaboratively building legal and international affairs education for a changing society, and is leading initiatives in mentoring, technology, and interdisciplinary and international partnerships. She has been recognized for her technology leadership by the American Bar Association’s Legal Technology Resource Center as one of the 2019 Women of Legal-Tech. She also has been very involved nationally in supporting more women and people of color to consider law school and university leadership.
Dean Osofsky’s over 50 publications focus on improving governance and addressing injustice in energy and climate change regulation. Her scholarship includes books with Cambridge University Press on climate change litigation, textbooks on both energy and climate change law, and articles in leading law and geography journals. Dean Osofsky’s Emory Law Journal article, Energy Partisanship, was awarded the 2018 Morrison Prize, which recognizes the most impactful sustainability-related legal academic article published in North America during the previous year. Dean Osofsky has collaborated extensively with business, government, and nonprofit leaders to make bipartisan progress on these issues through her leadership roles and teaching.
Her professional leadership roles have included, among others, serving as President of the Association for Law, Property, and Society; chair of the American Association of Law School’s Section on Property; and a member of the Executive Council of the American Society of International Law and the International Law Association’s Committee on the Legal Principles of Climate Change. She also is a member of the Board of Governors of the Society of American Law Teachers and the editorial board of Climate Law. Her leadership and mentorship work was recognized by the Association for Law, Property, and Society’s 2016 Distinguished Service Award and the University of Minnesota 2015 Sara Evans Faculty Woman Scholar/Leader Award.
Dean Osofsky received a Ph.D. in geography from the University of Oregon and a J.D. from Yale Law School. Prior to joining the Pennsylvania State University, Dean Osofsky served on the faculties of University of Minnesota Law School, Washington and Lee University School of Law, the University of Oregon School of Law, and Whittier Law School.
Keith E. Whittington is the David Boies Professor of Law at Yale Law School. He is the faculty director of the Center for Academic Freedom and Free Speech at Yale. Prior to joining Yale, Professor Whittington was the William Nelson Cromwell Professor of Politics at Princeton University. He writes about American constitutional law, politics and history and American political thought. He has been a visiting professor at the University of Texas School of Law, is a member of the American Academy of the Arts and Sciences, and served on the Presidential Commission on the Supreme Court of the United States. He did his undergraduate work at the University of Texas at Austin and completed his Ph.D. in political science at Yale University. His books include Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review. His most recent books include You Can't Teach That! The Battle over University Classrooms and Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present.
