What Every American Needs to Know About the Fifth Amendment
Marquette Student Chapter
Marquette University Law School1215 W Michigan St.
Milwaukee, WI 53201
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Professor of Law and Director of the Center for Intellectual Property Law, Maurice A. Deane School of Law at Hofstra University
Professor Manta teaches intellectual property law subjects. Her research examines the intersection between intellectual property law and social science, with a focus on psychology. She has most recently written about the hedonic value of trademarks and its legal implications, the problem of cognitive bias in copyright infringement litigation, price discrimination through software licensing in the age of the Internet of Things, and the role of criminal sanctions in intellectual property. Professor Manta has published or has forthcoming work in the Emory Law Journal, William & Mary Law Review, Iowa Law Review, Alabama Law Review, Boston College Law Review, Ohio State Law Journal, Washington and Lee Law Review, Harvard Journal of Law & Technology, Stanford Technology Law Review, Florida Law Review, Arizona Law Review, and Cornell Law Review Online, among others. She is also a co-author for a forthcoming textbook on criminal law issues in intellectual property. Professor Manta has further been a guest blogger for PrawfsBlawg and for Concurring Opinions. In 2014, she received the Lawrence A. Stessin Prize for Outstanding Scholarly Publications, which is awarded to two junior faculty members across all disciplines at Hofstra University.
Before joining the law school faculty in 2012, Professor Manta was an Assistant Professor of Law at the Case Western Reserve University School of Law. She was a Bigelow Teaching Fellow and Lecturer in Law at the University of Chicago Law School from 2007 to 2009. Professor Manta has also served on the faculties of Brooklyn Law School, The George Washington University School of Law, and the University of Arkansas at Little Rock William H. Bowen School of Law. She clerked for Judge Morris S. Arnold on the U.S. Court of Appeals for the Eighth Circuit for the 2006-2007 term.
While earning her J.D. at Yale Law School, Professor Manta was the grand prize winner of the Foley & Lardner LLP Intellectual Property Writing Competition. She also served as tributes editor of the Yale Law Journal, articles editor of the Yale Law & Policy Review, and editor of the Yale Journal on Regulation. She graduated magna cum laude from Yale University with a B.A. in psychology.
Partner, Davis Polk & Wardwell LLP
Kannon is the head of our Supreme Court & Appellate practice. He has argued 39 cases before the U.S. Supreme Court and has argued more than 150 appeals in courts across the country, including every federal court of appeals and numerous state courts.
Kannon is ranked as a “Star Individual” in appellate law by Chambers USA, where a client notes, “It’s hard to think of enough superlatives to describe his talent, his judgment, his ability, his experience – he is as good as it gets.” Legal 500 U.S. recognizes Kannon in its Hall of Fame for appellate work. A client shares, “His work is the best in the business, and he is a wonderful human being in addition to being a world-class appellate litigator.”
In 2024 and 2022, Kannon was a finalist for the American Lawyer’s “Litigator of the Year” award. He was named “Appellate Litigator of the Year” by Benchmark Litigation in 2021 and was a 2026 finalist for that recognition.
Before entering private practice, Kannon served as an Assistant to the Solicitor General at the U.S. Department of Justice.
Welpton & Wise Professor of Law, University of Nebraska College of Law
Professor Rick Duncan is the Welpton & Wise Professor of Law at the University Of Nebraska College Of Law. He is a graduate of the Cornell Law School and served as an editor of the Cornell Law Review. He teaches Constitutional Law with a special emphasis on the law of religious freedom, free speech, and federalism. Duncan has written numerous books, articles, and commentaries on a wide variety of legal topics. His recent publications include an article on Justice Scalia’s legacy, another on Kermit Gosnell and Roe v. Wade, a piece on the Electoral College and Federalism, a 2019 piece on Masterpiece Cakeshop and the First Amendment, and three recent articles on the “no compelled speech” doctrine as a First Amendment defense against authoritarianism and tyranny. His most recent article, on School Choice and the First Amendment, will be published in 2023 in Case Western Law Review. He is also the co-author of a book on Secured Transactions under Article 9 of the UCC. He served as Chairman of the Nebraska Advisory Committee to the U.S. Commission on Civil Rights during the Reagan Administration. He also loves to speak at Federalist Society meetings around the country on life, liberty, and the pursuit of federalism.
Duncan has five children, five grandchildren, and a wonderful wife who help him pursue happiness. He loves lifting weights (particularly going heavy on the incline bench press), attending Broadway musicals and plays, including Hamilton: An American Musical which he has seen 12 times (possibly a Nebraska record). He regularly reads both the Bible and the New York Times because it is important to keep up with what both sides have to say. He loves following major league baseball, especially the San Diego Padres. And his favorite legal aphorism is “first come rights then comes government to secure those rights.”
Professor of Law, University of Wyoming College of Law
George Mocsary is an expert in corporate and small-business law, and the law of firearms.
Currently, he is Professor of Law, Founder & Director of Firearms Research Center, and Director of the Business Planning Practicum and at the University of Wyoming College of Law.
Professor Mocsary teaches and writes about Agency & Partnership, Contracts, Corporations, Securities Regulation, the Second Amendment, and Firearms Law, including the intersection of Firearms Law and private law. He is a co-author of Firearms Law and the Second Amendment: Regulation, Rights, and Policy (3rd ed. 2021), the first casebook on this topic.
Prior to his appointment at Wyoming, he served as an Associate Professor of Law at the Southern Illinois University School of Law and spent two years as a Visiting Assistant Professor at the University of Connecticut School of Law. He practiced corporate and bankruptcy law at Cravath, Swaine and Moore in New York, and clerked for the Honorable Harris L. Hartz of the U.S. Court of Appeals for the Tenth Circuit.
Professor Mocsary holds a J.D. from Fordham Law School and an M.B.A. from the University of Rochester Simon School of Business. At Fordham, he graduated first in his class, and served as Notes and Articles Editor of the Fordham Law Review. He has published in the George Washington Law Review, George Mason Law Review, Fordham Law Review, Duke Law Journal Online, and other journals. His work has been cited by the Supreme Court of the United States, several U.S. Courts of Appeals, the Supreme Court of Illinois, the Delaware Court of Chancery, and other courts.
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
Partner, Clement & Murphy PLLC
Erin Murphy is widely recognized as one of the nation’s leading Supreme Court and appellate advocates. She has argued dozens of cases in appellate and trial courts throughout the country, including the Supreme Court and nearly all of the federal courts of appeals. Erin is one of only seven women in the top two bands of Chambers & Partners rankings for Appellate Law–Nationwide, and the National Law Journal has named her one of the nation’s “Outstanding Women Lawyers.” Erin has litigated appeals involving myriad provisions of the Constitution, including several cases involving the Constitution’s structural protections of liberty. She has litigated a wide range of statutory issues as well, including cases involving the Affordable Care Act, the Bankruptcy Code, the False Claims Act, the Federal Arbitration Act, the Federal Power Act, the Natural Gas Act, the National Labor Relations Act, and more. The National Law Journal named Erin a “Litigation Trailblazer” for her work representing institutional clients, which includes successfully arguing before the Supreme Court on behalf of the U.S. House of Representatives and the Wisconsin State Legislature. Erin also has an active pro bono practice, through which she has successfully represented many religious organizations and adherents, criminal defendants, asylum applicants, adoptive parents, and more.
Erin is an adjunct professor at her alma mater the Georgetown University Law Center, a member and former officer of the Edward Coke Appellate Inn of Court, and a frequent speaker on topics relating to the Supreme Court and appellate advocacy. In her spare time, Erin serves on the boards of directors of Street Law and the Mother of Light Center.
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.
Professor of Law, University of Notre Dame Law School
Emily Bremer teaches and writes in the areas of administrative law, regulatory process, and civil procedure. Her scholarship focuses primarily on matters of procedural design, with a recent focus on the history and interpretation of the Administrative Procedure Act (APA). She is a recipient of the AALS’s award for the year’s best administrative law scholarship by a junior scholar and the AALL’s Joseph L. Andrew’s Legal Literature Award for her contribution to the Bremer-Kovacs Collection of Historical Documents Related to the APA (HeinOnline). Bremer’s articles include a defense forthcoming in the Virginia Law Review of the constitutionality of the APA’s regime for ensuring the competence and impartiality of Administrative Law Judges; a plea in the Yale Journal on Regulation for administrative law to take greater account of the on-the-ground reality of administration; twin articles uncovering the intellectual foundation and meaning of the APA’s adjudication and rulemaking provisions; and three separate studies that served as the basis of recommendations of the Administrative Conference of the United States (ACUS) on the subjects of agency declaratory orders, incorporation by reference, and statutory limitations on the jurisdiction of the Court of Federal Claims. Bremer serves as a Senior Fellow of ACUS, a co-editor of the administrative law section of Jotwell, and a regular contributor to the Yale Journal on Regulation’s Notice & Comment blog.
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
Donald Phillip Rothschild Research Professor, George Washington University Law School
Renée Lettow Lerner is Donald Phillip Rothschild Research Professor of Law at George Washington University Law School.
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She advises judges, lawyers, and government officials from the United States and countries in Europe, Latin America, and Asia about the differences between adversarial and nonadversarial legal systems.
She writes extensively about the history of American juries. Her work includes not only scholarly articles, but also online publications intended for a broader audience of legal professionals and the public. In many different settings, she has debated the role of juries with other academics and with lawyers. She has a book forthcoming with Oxford University Press in the Very Short Introduction Series entitled “The Jury.” She is also working on a book about the American civil jury, from the colonial period to the present.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009).
Her recent writings include a book review of Amalia D. Kessler’s Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877, 67 J. Legal Ed. 888 (2018); “How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury,” 40 Journal of the Legal Profession 215 (2016); “The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury,” in Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds., Cambridge University Press 2015); and “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014).
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She was a Rhodes Scholar at Oxford University, where she studied English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
Executive Director, Open Markets Institute
Barry Lynn directs the Open Markets Institute. Previously, he spent 15 years at the New America Foundation researching and writing about monopoly power. He is author of Cornered: The New Monopoly Capitalism and the Economics of Destruction (Wiley 2010) and End of the Line: The Rise and Coming Fall of the Global Corporation (Doubleday 2005).
Lynn's writings on the political and economic effects of the extreme consolidation of power in the United States have influenced the thinking of policymakers and antitrust professionals on both sides of the Atlantic. His work has been profiled on CBS and in the New York Times, and his articles have appeared in publications including Harper's, the Financial Times, Harvard Business Review, and Foreign Policy. He has appeared on CBS, PBS, CNN, the BBC, NPR, MSNBC, C-Span, and the Christian Broadcasting Network, among others. Prior to joining New America, Lynn was executive editor of Global Business Magazine for seven years, and worked as a correspondent in Peru, Venezuela, and the Caribbean for the Associated Press and Agence France Presse.
Judge, United States Court of Appeals, Third Circuit
Judge Paul Matey was appointed to the United States Court of Appeals for the Third Circuit in 2019 by President Trump.
Before his judicial service, Judge Matey was a partner at Lowenstein Sandler in New Jersey where he practiced complex commercial litigation and criminal defense. Earlier, Judge Matey was the Senior Vice President, General Counsel and Secretary for University Hospital Newark, an academic medical center and teaching hospital.
He also served as the Deputy Chief Counsel to Governor Chris Christie, and as an Assistant United States Attorney in the District of New Jersey, where he was awarded the Justice Department’s Director’s Award for Superior Performance. He also practiced at the Washington D.C. firm of Kellogg, Hansen, Todd, Figel & Frederick, and served as a law clerk to judges on the United States Court of Appeals for the Third Circuit and the United States District Court for the District of New Jersey.
He earned his bachelor’s degree from the University of Scranton, a Jesuit University, in 1993, and his juris doctorate, summa cum laude, from Seton Hall University School of Law in 2001, where he served as Editor-in-Chief of the Seton Hall Law Review.
In 2019, Judge Matey was elected to membership in the American Law Institute and, since 2020, has lectured on administrative law and the American legal history at Seton Hall.
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.
Partner, Baker Botts L.L.P.
Taylor Owings is a partner in the Antitrust and Competition Practice Group of Baker Botts L.L.P. She represents clients in civil merger and non-merger matters both in front of government agencies and in private litigation. She also counsels clients on the application of antitrust law to their business activities, with special experience in issues related to the digital economy.
Prior to joining the firm, Ms. Owings served as Senior Counsel and Chief of Staff in the Antitrust Division of the U.S. Department of Justice from 2018 to 2021. In that role, Ms. Owings was a key advisor to the Assistant Attorney General on the application of antitrust law to technology industries, including in the Department of Justice’s review of the business practices of market-leading online platforms and in the application of antitrust law to the exercise of intellectual property rights and standard setting organizations. As Chief of Staff of the Antitrust Division, Ms. Owings was responsible for ensuring the high quality of all public advocacy issued by the Division, including court filings, policy statements, and speeches.
Ms. Owings has experience crafting both trial and appellate strategy in headline-making antitrust litigations. She has argued in the First and Fourth Circuits. Earlier in her career, she clerked for the Honorable Douglas H. Ginsburg on the U.S. Court of Appeals for the D.C. Circuit, and for the Honorable Richard J. Leon on the U.S. District Court for the District of Columbia.
Ms. Owings handles all aspects of merger review. She draws on her first-hand experience investigating and reviewing mergers at the Antitrust Division to advise clients and to represent them in front of the agencies. She has special experience in merger matters with complex legal questions, for instance vertical mergers, the acquisition of a nascent or potential competitor, and the implications of a merger on innovation and data accumulation.
Judge, United States Court of Appeals, Third Circuit
David J. Porter is a judge on the United States Court of Appeals for the Third Circuit. He was nominated by President Donald Trump and confirmed on October 11, 2018. Before his appointment, he was a shareholder at Buchanan Ingersoll & Rooney PC, where he practiced commercial and civil litigation. Porter received his bachelor’s degree from Grove City College and his J.D. from the George Mason University School of Law. He clerked for Judge D. Brooks Smith on the United States District Court for the Western District of Pennsylvania.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
Professor of Legal Studies & Business Ethics, The Wharton School, The University of Pennsylvania
David Zaring’s scholarship addresses administrative and regulatory law from an international perspective. Professor Zaring comes to the business school from the Washington & Lee University School of Law. At Washington & Lee, he was an assistant professor and Alumni Faculty Fellow from 2005 to 2007. He had previously served as Acting Assistant Professor in the Lawyering Program at New York University School of Law from 2002 to 2005, and as a visiting professor at Vanderbilt Law School in the fall of 2007. After graduating magna cum laude from Harvard Law School, Professor Zaring clerked for Chief Judge William Matthew Byrne Jr. of the U.S. District Court for the Central District of California and then for Judge Judith Rogers on the US. Court of Appeals for the D.C. Circuit. He served as a trial attorney for the U.S. Department of Justice in the Federal Programs Branch of the Civil Division and as a special assistant to the General Counsel in the U.S. Department of Housing and Urban Development before entering the academy.
Adjunct Professor of Law, Scalia Law; Google, Corporate Counsel
Kathryn Ciano Mauler currently serves as a Corporate Counsel at Google. Prior to Google, Kathryn was Senior Regulatory Counsel at Uber Technologies, and also spent three years at i360, LLC as General Counsel. Before this, she also worked at a boutique law firm in Washington, D.C. and at the Institute for Justice.
She received her B.A. from the University of Florida. She also received her business degree from the University of Florida - Warrington College of Business, studying at the Ecole supérieure de Commerce de Toulouse in France. Kathryn's J.D. is from the George Mason University School of Law.