Supreme Court Roundup
Columbus Lawyers Chapter
The Athletic Club of Columbus136 East Broad Street
Columbus, OH 43215
Here are the latest events.
Partner, Ashbrook Byrne Kresge Flowers LLC
Ben Flowers, a partner at Ashbrook Byrne Kresge Flowers LLC, is an accomplished litigator with experience briefing, arguing, and winning high-stakes cases in courts throughout the country.
Before joining the law firm, Ben served as Ohio's 10th Solicitor General. In that role he regularly represented the State of Ohio before the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, and the Supreme Court of Ohio. Most prominently, in National Federation of Independent Business v. Department of Labor, Ben led a multi-state challenge to OSHA's vaccine mandate, ultimately prevailing before the Supreme Court.
Ben is a graduate of The Ohio State University and the University of Chicago Law School. Following law school, Ben clerked for Judge Sandra Ikuta of the U.S. Court of Appeals for the Ninth Circuit and for Justice Antonin Scalia of the Supreme Court of this United States. Ben lives in Upper Arlington, Ohio with his wife Denise and their three very active children.
Director, Center to Protect Free Speech, American Legislative Exchange Council
Shelby Emmett graduated from James Madison College at Michigan State University (GO GREEN!!) in 2006 with a dual-major in Political Theory & Constitutional Democracy and Social Relations & Policy. Shelby attended the David A. Clarke School of Law in Washington, D.C., where she participated in the school’s Legislative Clinic.
After law school, Shelby served as the Policy Coordinator for a national non-profit in Baltimore. In 2012, Shelby was the Legislative Fellow with the Republican Study Committee, the largest caucus in the House of Representatives. During the 113th session of Congress, Shelby served as Legislative Counsel for Michigan’s 11th district, responsible for a broad legislative portfolio including education and civil rights. Most recently, Shelby was the Legal & Legislative Policy Advocate and Strategic Outreach Officer at the Foundation for Individual Rights in Education (FIRE), a nonprofit organization devoted to protecting free speech rights on college campuses.
Shelby, a native of Detroit, Michigan is an attorney licensed in the state of Maryland and lives in Washington, D.C. In her down time, Shelby enjoys traveling and kickboxing–and is looking forward to competing in her first competition in 2017.
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.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Chairman, Center for Equal Opportunity
Linda Chavez is Chairman of the Center for Equal Opportunity. She has published opinions and columns in newspapers across the country and appears regularly on cable news. Chavez is the author of the three books: Out of the Barrio: Toward a New Politics of Hispanic Assimilation, An Unlikely Conservative: The Transformation of an Ex-Liberal, and Betrayal: How Union Bosses Shake Down Their Members and Corrupt American Politics. She has been honored by the Library of Congress as a "Living Legend" and as nominee for Secretary of Labor by President George W. Bush.
Chavez has held many appointed positions and has served on numerous corporate and nonprofit boards. Among her appointed positions has been Chairman, National Commission on Migrant Education (1988-1992); White House Director of Public Liaison (1985); Staff Director of the U.S. Commission on Civil Rights (1983-1985); and member of the Administrative Conference of the United States (1984-1986). Chavez was also the Republican nominee for U.S. Senator from Maryland in 1986 and was elected by the United Nations' Human Rights Commission to serve a four-year term as U.S. Expert to the U.N. Sub-commission on the Prevention of Discrimination and Protection of Minorities.
Chavez earned her BA from the University of Colorado.
President, Center for Individual Rights
Todd Gaziano is the President of the Center for Individual Rights. Mr. Gaziano received his J.D. in 1988 from the University of Chicago Law School, where he was a John M. Olin Fellow in Law and Economics. He received his B.A. from West Virginia University, summa cum laude in 1985. He was selected as a Truman Scholar from West Virginia while an undergraduate.
Mr. Gaziano’s previous legal work includes service as a law clerk for U.S. Court of Appeals for the Fifth Circuit Judge Edith Jones, as an attorney in the U.S. Department of Justice Office of Legal Counsel, as a chief subcommittee counsel in the U.S. House of Representatives, as a Houston trial attorney, and as a chief corporate legal officer. He also served a six-year term as commissioner on the U.S. Commission on Civil Rights (2008-2013), where he helped conduct oversight and investigations of civil rights agencies.
For most of the last 25 years, Mr. Gaziano was a legal scholar and public interest law leader, promoting individual liberty in the Supreme Court and Congress. From 1997 to 2013, he was the founding director of the Edwin Meese Center for Legal and Judicial Studies at The Heritage Foundation. From 2014 until he joined CIR, he was the Chief of Legal Policy and Strategic Research, and Director of the Center for the Separation of Powers, at Pacific Legal Foundation.
Executive Director, Consumers’ Research
Will Hild is the Executive Director of Consumers’ Research. Will has a decade of non-profit, legal and public policy experience. Prior to joining CR, Will served as the Deputy Director of the Regulatory Transparency Project. Before that, he worked at the Philanthropy Roundtable as the Director of External Affairs for the Culture of Freedom Initiative, and as the Chief Operating Officer of that Initiative when it grew to become a separate organization. He helped co-found the public interest law firm, Cause of Action, and served as the firm’s acting communications director for nearly a year.
Will received his J.D. from Georgetown University Law Center, and a B.A. in Political Science from the University of Florida. He is licensed to practice law in the Commonwealth of Virginia.
Will resides in Bethesda, MD, with his wife Cheryl, a practicing OB/GYN, and their son Liam.
Senior Research Fellow, Center for Equal Opportunity
In D.C. area for over 20 years, Althea Nagai, Ph.D., is a research fellow at the Center for Equal Opportunity. She has conducted numerous statistical analyses on racial and ethnic preferences in higher education, including racial and ethnic preferences in undergraduate education at five public universities in Virginia, the University of Michigan, two Arizona universities, the University of Wisconsin-Madison, two Ohio universities, and various law and medical schools. In addition, she has written two essays for CEO focusing on Asian Americans, “Too Many Asian Americans,” and “Harvard Investigates Harvard.”
She has also has done work on other statistical studies in the field of social policy. Her first study was a content analysis and critique of the national history standards with John Fonte and Lynne Cheney. She has also conducted studies on marriage, religion, and family structure; on adolescent risk behavior; on philanthropy and social change; and on American elites (American Elites, with Robert Lerner and Stanley Rothman, 1996 Yale University Press).
Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights, University of North Carolina School of Law
Theodore M. Shaw is the Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights at the University of North Carolina School of Law at Chapel Hill. Professor Shaw teaches Civil Procedure and Advanced Constitutional Law/Fourteenth Amendment. Before joining the faculty of UNC Law School, from 2008-2014 Professor Shaw taught at Columbia University Law School, where he was Professor of Professional Practice. During that time he was also “Of Counsel” to the law firm of Norton Rose Fulbright (formerly Fulbright & Jaworski, LLP). His practice involved civil litigation and representation of institutional clients on matters concerning diversity and civil rights.
Professor Shaw was the fifth Director-Counsel and President of the NAACP Legal Defense and Educational Fund, Inc., for which he worked in various capacities over the span of twenty-six years. He has litigated education, employment, voting rights, housing, police misconduct, capital punishment and other civil rights cases in trial and appellate courts, and in the United States Supreme Court.From 1982 until 1987, he litigated education, housing, and capital punishment cases and directed LDF's education litigation docket. In 1987, under the direction of LDF's third Director-Counsel, Julius Chambers, Mr. Shaw relocated to Los Angeles to establish LDF's Western Regional Office. In 1990, Mr. Shaw left LDF to join the faculty of the University of Michigan Law School, where he taught Constitutional Law, Civil Procedure and Civil Rights. While at Michigan, he played a key role in initiating a review of the law school's admissions practices and policies, and served on the faculty committee that promulgated the admissions program that was upheld by the U.S. Supreme Court in 2003 in Grutter v. Bollinger.
In 1993, Mr. Shaw returned to LDF as Associate Director-Counsel, and in 2004, he became LDF's fifth Director-Counsel. Mr. Shaw's legal career began as a Trial Attorney in the Honors Program of the United States Department of Justice, Civil Rights Division in Washington, D.C., where he worked from 1979 until 1982.
Mr. Shaw has testified on numerous occasions before Congress and before state and local legislatures. His human rights work has taken him to Africa, Asia, Europe, and South America. In addition to teaching at Columbia and at Michigan Law School, Professor Shaw held the 1997-1998 Haywood Burns Chair at CUNY School of Law at Queens College and the 2003 Phyllis Beck Chair at Temple Law School. He was a visiting scholar at the Constitution Center in Philadelphia in 2008-2009. He is a member of the faculty of the Practicing Law Institute (PLI).
Mr. Shaw served on the Obama Transition Team after the 2008 presidential election, as team leader for the Civil Rights Division of the Justice Department.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Partner, McCarter & English, LLP
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.
Partner, McCarter & English, LLP
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.
Partner, McCarter & English, LLP
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, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Senior Vice President and Litigation Director, Institute for Justice
Dana Berliner serves as Senior Vice President and Litigation Director at the Institute for Justice, where she has worked as a lawyer since 1994.
The focus of Dana’s litigation at IJ has been property rights. She successfully represented the Community Youth Athletic Center, a boxing gym and mentoring program for at-risk youth, which challenged the city of National City’s authorization of taking the CYAC’s property for private development; the California Court of Appeal ruled in 2013 that the authorization of eminent domain was invalid and that National City had violated California’s Public Records Act. Dana also represented the home and business owners in Norwood, Ohio, who, on July 26, 2006, secured a unanimous ruling from the Ohio Supreme Court that the city could not take their property for a privately owned shopping mall and “lifestyle center.” Along with co-counsel Scott Bullock, she represented the homeowners in Kelo v. New London, in which the U.S. Supreme Court ruled that cities could condemn property because other uses may produce an increase in tax dollars and jobs. Dana, along with many others at IJ, worked to turn the nationwide outrage caused by the decision into new state statutes, constitutions and judicial decisions that cut back on eminent domain abuse. She secured a ruling that the Village of Port Chester, N.Y., violated due process in its use of eminent domain to secure waterfront property. Since 2008, Dana has been recognized every year as a “Best Lawyer” in eminent domain and condemnation law by the publication Best Lawyers in America.
On issues of free speech and economic liberty, Dana successfully defended Carla Main and Encounter Books, who wrote and published a book about eminent domain abuse in Texas and across the country, against a defamation suit brought by a developer who stood to receive property taken by eminent domain. She secured a victory in favor of two New Orleans entrepreneurs in a federal First Amendment challenge to the city of New Orleans’ ban on sidewalk book vending. As trial counsel, Dana also secured a ruling that the Nevada Transportation Services Authority violated the rights of several would-be limousine entrepreneurs by subjecting them to an onerous and arbitrary licensing process that gave undue power to existing companies opposing competition. And she successfully represented an aspiring teacher of African hair braiding in Mississippi, as well as two of her students, challenging restrictions on learning and teaching African hair braiding in Mississippi.
In 2012, Dana became IJ’s Litigation Director. She now oversees all of IJ’s litigation, helping other attorneys craft both their major legal theories and their day-to-day litigation strategies. And she helps to set the litigation directions that IJ will take. In 2016, Dana began her role as IJ’s Senior Vice President.
Dana authored Opening the Floodgates: Eminent Domain Abuse in the Post-Kelo World, a report on the use and threatened use of eminent domain for private development in the year since the Kelo decision. Dana also authored Public Power, Private Gain: A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain, the first-ever nationwide study on the abuse of eminent domain, released in 2003.
Dana has been quoted in The New York Times, USA Today, Wall Street Journal, NPR and The Washington Post as well as on various radio and television broadcasts, including 60 Minutes.
Dana received her law and undergraduate degrees from Yale University where she was a member of the Yale Law Journal and represented clients through the legal services program. After law school, she clerked for Judge Jerry Smith on the 5th U.S. Circuit Court of Appeals.
Dana Berliner is a member of the DC and Pennsylvania bars.
Robert E. Scott Distinguished Professor of Law Emeritus, University of Virginia School of Law; Alice McKean Young Regents Chair in Law Emeritus, University of Texas
Douglas Laycock is perhaps the nation’s leading authority on the law of religious liberty and also on the law of remedies. He has taught and written about these topics for more than four decades at the University of Chicago, the University of Texas, the University of Michigan and the University of Virginia. He retired from teaching at UVA Law School in May 2023.
Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court, where he has served as lead counsel in six cases and has also filed influential amicus briefs. He is the author (co-author in the most recent edition) of the leading casebook Modern American Remedies, the award-winning monograph The Death of the Irreparable Injury Rule and many articles in leading law reviews. He co-edited a collection of essays, Same-Sex Marriage and Religious Liberty.
His many writings on religious liberty have been republished in a five-volume collection:
Laycock resigned from the council and as first vice president of the American Law Institute to become co-reporter for the Restatement (Third) of Torts: Remedies. He is a fellow of the American Academy of Arts and Sciences. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago.
Senior Counsel and Director of Strategic Engagement, Alliance Defending Freedom
Jordan Lorence serves as senior counsel and director of strategic engagement with Alliance Defending Freedom, where he plays a key role with the Strategic Relations & Training Team. His work has encompassed a broad range of litigation, with a primary focus on religious liberty, free speech, student privacy, conscience rights of creative professionals, and the First Amendment freedoms of public university students and professors.
Lorence argued before the U.S. Supreme Court in the precedent-setting Southworth v. Board of Regents of the University of Wisconsin System case in 1999, challenging the university’s requirement that forced unwilling students to contribute to campus activist groups. He led the challenge to New York City’s ban on private worship services after hours in vacant public school buildings in the long-running Bronx Household of Faith v. Board of Education of the City of New York case. Lorence also defended the right of conscience in Elane Photography v. Willock at the New Mexico Supreme Court.
Lorence has made media appearances on television and radio shows including Fox News, NBC’s Today Show, and National Public Radio’s All Things Considered. His commentary has also appeared in The Wall Street Journal, USA Today, The New York Daily News, The New York Post, The Philadelphia Inquirer, The Washington Times, The Hill, and National Review.
Before officially joining the organization in 2001, Lorence was a productive allied attorney for many years, actively involved in significant litigation for ADF. He has also worked for the Home School Legal Defense Association, Concerned Women for America, and the American Center for Law and Justice. Lorence earned a J.D. from the University of Minnesota Law School and received a B.A. in journalism from Stanford University. He is admitted to the bar in Minnesota, Virginia, the District of Columbia, the U.S. Supreme Court, and multiple federal appellate and district courts.
John S. Battle Professor of Law, University of Virginia School of Law
Julia D. Mahoney teaches courses in property, government finance, constitutional law and nonprofit organizations. A graduate of Yale Law School, she joined the University of Virginia faculty as an associate professor in 1999 and is now John S. Battle Professor of Law. She has also taught at the University of Southern California Law School and the University of Chicago Law School, and before entering the legal academy, practiced law at the New York firm Wachtell, Lipton, Rosen & Katz. Her scholarly articles include works on land preservation, eminent domain, health care reform and property rights in human biological materials.
Vice President, Practice Groups, The Federalist Society
James A. Baker III Chair in the Rule of Law and World Affairs and Associate Dean for Academic Affairs, The University of Texas at Austin School of Law
Bobby Chesney holds the James Baker Chair and also serves as the Associate Dean for Academic Affairs at the University of Texas School of Law. In addition, he is the Director of the Robert S. Strauss Center for International Security and Law, a University-wide research unit bridging across disciplines to improve understanding of international security issues.
In 2009, Professor Chesney served in the Justice Department in connection with the Detention Policy Task Force created by Executive Order 13493. He also previously served the Intelligence Community as an associate member of the Intelligence Science Board and as a member of the Advanced Technology Board. In addition to his current positions at the University of Texas, he is a member of the American Law Institute, and a senior editor for the Journal of National Security Law & Policy, and a former non-resident Senior Fellow of the Brookings Institution.
Professor Chesney is a co-founder and contributor to www.lawfareblog.com, the leading source for analysis, commentary, and news relating to law and national security. In addition to his blogging at Lawfare, those interested in national security law should consider following Professor Chesney on Twitter (@bobbychesney) as well as subscribing to the National Security Law Podcast (which he co-hosts with his colleague Steve Vladeck). Professor Chesney's scholarship focuses on U.S. national security policies and institutions, encompassing both domestic and international law issues. His articles may be downloaded from SSRN here.
Professor Chesney is a magna cum laude graduate of both Texas Christian University and Harvard Law School. After law school he clerked for the Honorable Lewis A. Kaplan of the United States District Court for the Southern District of New York and the Honorable Robert D. Sack of the United States Court of Appeals for the Second Circuit. He then practiced with the firm Davis Polk & Wardwell in New York (litigation), before beginning his academic career with Wake Forest University School of Law. There he received a teacher of the year award from the student body in one year, and from the school's dean in another. In 2008 he came to the University of Texas School of Law as a visiting professor, and then joined UT on a permanent basis in 2009. He became the Associate Dean for Academic Affairs in 2011.
Professor Chesney teaches a variety of courses, including: Constitutional Law, National Security Law, Foundations of Cybersecurity: Law, Institutions, and Policy; Law of the Intelligence Community; History of U.S. Counterterrorism Law & Policy: 1970 to Present; Evidence, Civil Procedure, and an array of seminars. He is from San Antonio.
Executive Vice President, Chief Legal Officer, Gates Corporation
Matthew R. A. Heiman joined the Company in May 2026 and has served as the Company’s Chief Legal Officer and Corporate Secretary since June 2026. As Chief Legal Officer, Mr. Heiman is responsible for all legal functions for Gates, including securities and corporate governance, M&A, litigation, commercial, regulatory, compliance, patents and trademarks, real estate, employment and labor, sustainability and environmental matters. Prior to joining Gates, Mr. Heiman held senior legal leadership roles at Waystar, where he served as Chief Legal & Administrative Officer from 2023 to 2025 and as General Counsel and Corporate Secretary from 2020 to 2023. Prior to that, he was with Johnson Controls, where he served as Vice President, Corporate Secretary, and Associate General Counsel. Mr. Heiman has been a Senior Fellow for the National Security Institute at George Mason University’s Antonin Scalia School of Law since 2018.
Partner, Davis Polk & Wardwell LLP
Kenneth Wainstein is a partner at Davis Polk & Wardwell, where he focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. Ken spent over 20 years in a variety of law enforcement and national security positions in the government. Between 1989 and 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled criminal prosecutions ranging from public corruption to gang prosecution cases and held a variety of supervisory positions, including Acting United States Attorney. In 2001, he was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys’ Offices. Between 2002 and 2004, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller III. In 2004, Ken was appointed and then confirmed as United States Attorney for the District of Columbia, where he had the privilege to lead the largest United States Attorney’s Office in the country. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ’s law enforcement and intelligence activities on counterterrorism and counterintelligence matters. In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.