The Future of Racial Preferences: Is the Issue on the Brink of Resolution at Last? - Transcript
The Civil Rights Practice Group sponsored this panel during the 2001 National Lawyers Convention on...
Civil Rights Practice Group
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The Civil Rights Practice Group sponsored this panel during the 2001 National Lawyers Convention on...
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Civil Rights Practice Group Newsletter - Volume 3, Issue 3, Winter 2000
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Civil Rights Practice Group Newsletter - Volume 3, Issue 3, Winter 2000
The U.S. Department of Education's Office for Civil Rights ("OCR") has decided to wade into...
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In his 35 years at the Justice Department and in private practice, Mike Carvin was one of the leading appellate and trial lawyers challenging state and federal regulations on constitutional and statutory grounds, with 10 Supreme Court arguments and numerous high-profile victories. In addition to his numerous cases in the United States Supreme Court, he argued in virtually every federal appeals court. His major cases include the recent constitutional challenge to the Affordable Care Act and the decisions invalidating Sarbanes-Oxley's accounting board, preventing the Justice Department from obtaining monetary relief against the tobacco industry under RICO, overturning the federal government's plan to statistically adjust the census, limiting the Justice Department's ability to create "majority-minority" districts, and upholding Proposition 209's ban on racial preferences in California.
Mike was one of the lead lawyers, and argued before the Florida Supreme Court, on behalf of George W. Bush in the 2000 presidential election Florida recount controversy. He also has represented state governments, financial institutions, telecommunications, and energy companies in "takings," First Amendment, civil rights, and statutory challenges to federal government actions.
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.
Adjunct Professor of Law; Director, N.Y. Census and Redistricting Institute, New York Law School
Jeff Wice is a Distinguished Adjunct Professor and Senior Fellow at New York Law School where he directs the New York Elections, Census & Redistricting Institute and teaches classes on redistricting, election law, and the census. He is now working on his sixth redistricting cycle. In past years, he served as a redistricting counsel to New York State Legislativbe Leaders and as counsel to three New York City Districting Commissions and to numerous counties and localities across New York and the nation.
During the 2000 census cycle, Professor Wice served as counsel to President Bill Clinton’s members of the U.S. Census Monitoring Board. He is the co-editor/author of the National Conference of State Legislatures' 2020 Redistricting Redbook, a comprehensive handbook on the census and redistricting.
‘’City & State NY’ recognized Professor Wice as one of New York’s “Top 50 Over 50” in 2022 and just last month as a "New York legal trailblazer" for his efforts promoting fair representation and the census. He is a graduate of the George Washington University and Antioch School of Law.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Chief Deputy Solicitor General, Director of the Tenth Amendment Center, Ohio Attorney General's Office
John serves in the Office of the Solicitor General as a Deputy Solicitor General and as the Director of the Tenth Amendment Center. In his role, John monitors federal actions, orders, statutes, and regulations for potential overreach and advises the Solicitor General about potential actions to protect the interests of the State of Ohio. John works in both state and federal courts, including the U.S. Supreme Court, the U.S. Courts of Appeals, and the Ohio Supreme Court.
John previously practiced as a litigator at two large law firms in Columbus. He clerked for Judge Joseph Hood on the U.S. District Court for the Eastern District of Kentucky and Judge Eugene Siler for the U.S. Court of Appeals for the Sixth Circuit.
Senior Fellow in Executive Power, Cato Institute
Molly Nixon is a senior fellow at the Cato Institute, where she focuses on the scope, use, and history of executive power as well as its limits under the Constitution. Molly was previously an attorney with Pacific Legal Foundation’s separation of powers practice, where she litigated cases challenging congressional delegations of legislative power and executive branch overreach. Before that, she served as an Attorney-Advisor at the Department of the Interior and as Legislative Counsel for Congressman Justin Amash.
Molly holds a J.D. from New York University School of Law and a B.A. in History and International Relations from Boston University. She clerked for the U.S. District Court for the District of Alaska and practiced law at a firm in New York City for several years before moving to Washington, D.C.
Attorney, Separation of Powers, Pacific Legal Foundation
Josh Robbins is an attorney in Pacific Legal Foundation’s separation of powers group. He litigates cases to defend the structural protections of the U.S. and state constitutions that guarantee liberty for all Americans. He wants to help ensure Americans receive due process from the government when their lives and property are at stake and that the laws are made by our democratically elected representatives and not by unaccountable bureaucrats.
As an attorney in private practice, Josh saw firsthand how the government can embroil people (and even large corporations) in years-long legal battles. At PLF, he works to provide those without great resources an opportunity to vindicate their right to a properly ordered government, which is the right of all Americans.
Prior to joining PLF, Josh was an associate at a large law firm where he litigated cases in federal and state courts. He clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston.
Josh earned a B.A. in economics and international studies from Yale University and a J.D. from the University of Virginia School of Law. While at UVA, he served as an articles editor for the Virginia Law Review. He lives in Alexandria, Virginia, and enjoys hiking, swimming, and attending Washington Nationals games.
Josh is a member of the bar only in the states of Virginia and D.C.
Executive Director, Alliance For Consumers
O.H. leads Alliance For Consumers, which fights to ensure that consumer protection efforts, class action lawsuits, and attorney general enforcement actions are consistent with the rule of law and benefit everyday consumers, not just class action lawyers and career bureaucrats.
His work with AFC builds off his time with the Arizona Attorney General's Office under Attorney General Mark Brnovich, where he not only defended constitutional questions and served as the State's lead counsel in the U.S. Supreme Court, but also had the privilege of leading Arizona's consumer protection lawsuit against Google over the tracking of consumers' location, and the successful case against Volkswagen over well-publicized diesel-related consumer deception.
O.H. is a 2010 graduate of Harvard Law School. Before joining Attorney General Brnovich in 2016, O.H. practiced at WilmerHale and Ropes & Gray in Boston and clerked for the Hon. J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit in Atlanta, Georgia.
Vice President and Deputy Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of Commerce
Jennifer B. Dickey is vice president and deputy chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. Dickey handles a variety of litigation matters for the Chamber.
Dickey joined the Chamber following her service as Acting Assistant Attorney General and Principal Deputy Assistant Attorney General in the Civil Division at the U.S. Department of Justice. She also previously served as Deputy Associate Attorney General, providing strategic oversight of the Civil Division, Civil Rights Division, and Foreign Claims Settlement Commission, as well as Special Assistant to the President and Associate Counsel to the President. In the latter capacity, she provided legal advice on a wide array of executive actions and rulemakings, civil litigation, and judicial nominations.
Dickey also practiced law at Kirkland & Ellis LLP before her government service. She was a commercial and appellate litigator, representing businesses in federal and state courts.
Earlier in her career, Dickey served as a law clerk for the Honorable Clarence Thomas of the Supreme Court of the United States and the Honorable William H. Pryor Jr. of the United States Court of Appeals for the Eleventh Circuit.
Dickey earned her law degree magna cum laude from Duke University School of Law, where she was an Executive Editor of the Duke Law Journal, and her undergraduate degree magna cum laude from Dartmouth College.
Associate Counsel, The Wisconsin Institute for Law & Liberty (WILL)
Lauren Greuel is Associate Counsel at WILL. She focuses on legal and policy issues related to K-12 education in Wisconsin.
Lauren returned to Wisconsin this year after receiving her law degree, from Regent University School of Law in Virginia Beach, VA. She also holds a Bachelor of Arts degree in Political Economy, from Hillsdale College in Hillsdale, MI.
Lauren worked for WILL from 2018-2020 as a policy intern and is happy to return as an attorney—to continue to fight for an education system that is student-centered and prioritizes the freedom of families to choose the best education for their children.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
State District Judge, Austin, Texas
Cory Liu is a state district judge in Austin, Texas. He previously served as assistant general counsel to Texas Governor Greg Abbott. Mr. Liu clerked for Judge Andrew Oldham on the U.S. Court of Appeals for the Fifth Circuit and Judge Danny Boggs on the U.S. Court of Appeals for the Sixth Circuit. He was Editor-in-Chief of the Harvard Journal of Law & Public Policy and is a graduate of Harvard Law School and the University of Chicago.
Vice President for Legal Affairs, Goldwater Institute
Fred Gray Endowed Chair for Civil Rights and Constitutional Law, Texas Tech University School of Law
Professor Kenneth Williams is a graduate of the University of Virginia School of Law and currently the Fred Gray Endowed Chair for Civil Rights and Constitutional Law at Texas Tech University School of Law where he teaches Race, Racism and the Law, Civil Rights, Constitutional Law and Capital Punishment, Professor Williams is also a national expert on Capital Punishment. He is the author of a book on the death penalty, “Most Deserving of Death?” Professor Williams is also a co-author of a Criminal Law textbook published by the Carolina Academic Press, Criminal Law: Concepts, Crimes and Defenses. He has also authored numerous law review articles on issues related to Criminal Law Constitutional Law and the Death Penalty. Professor Williams was selected as a Fulbright Specialist and during the summer of 2013 where he taught a course on the American Legal System at the Federal University of Bahia in Brazil. Professor Williams has continued his relationship with this institution as a visiting professor. Professor Williams has also taught in summer abroad programs in Argentina, Chile and Canada. In addition to his teaching responsibilities, Professor Williams has represented several death row inmates during their federal habeas corpus proceedings. In 2017, the U.S. Supreme Court granted a writ of certiorari that Professor Williams prepared on behalf of his death sentenced client. He has also been successful before both the United States Court of Appeals for the Fifth Circuit and the United States District Court for the Southern District of Texas in obtaining relief for inmates who were sentenced to death in violation of their constitutional rights. Professor Williams has also made numerous media appearances discussing issues related to criminal law and capital punishment. He has been quoted in the New York Times, Washington Post, Houston Chronicle, Charlotte Observer, NBC news, USA Today, Beaumont Enterprise, Daily Beast, Virginia Pilot, Texas Tribune and Associated Press. Professor Williams has also been interviewed on News nation, Al Jazeera, and local ABC, CBS, NBC and Fox affiliates. He has also been interviewed on numerous radio programs including National Public Radio.
Commissioner, U.S. Equal Employment Opportunity Commission
Founder, Chairman, and CEO, Louis D. Brandeis Center for Human Rights Under Law
Hon. Kenneth L. Marcus is an internationally recognized expert in civil and human rights, as well as a leader in the fight against anti-Semitism on and off university campuses. He is the Founder, Chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law, the leading civil rights legal organization fighting against anti-Semitism. The New York Times has called him “The Man Who Helped Redefine Campus Anti-Semitism.” He been described, in that paper, as “the single most effective and respected force” to combat anti-Semitism.
During his public service career, Marcus served as Assistant U.S. Secretary of Education for Civil Rights; Staff Director at the U.S. Commission on Civil Rights; and General Deputy Assistant U.S. Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity.
In academia, he serves as Professorial Lecturer in Law at George Washington University. He formerly held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York’s Bernard M. Baruch College, served as Visiting Research Professor of Political Science at Yeshiva University, and was a Board of Visitors member George Mason University and Distinguished Senior Fellow at that university’s law school. He is a member of the editorial board of the Journal of Contemporary Antisemitism and previously served as Associate Editor of the Journal for the Study of Anti-Semitism.
Marcus is also author of The Definition of Anti-Semitism (Oxford University Press) and Jewish Identity and Civil Rights in America (Cambridge University Press). He has published widely in academic journals as well as in more popular venues such as The Wall Street Journal, Washington Post, Newsweek, USA Today, and Politico. He is a graduate of Williams College and the University of California at Berkeley School of Law.
Earlier in his career, he was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He also serves as Chairman emeritus of the Executive Committee of the Federalist Society for Law & Public Policy Civil Rights Practice Group.
Assistant Secretary for Fair Housing and Equal Opportunity, United States Department of Housing and Urban Development
Craig Trainor is Assistant Secretary for Fair Housing and Equal Opportunity at the United States Department of Housing and Urban Development. President Trump nominated Mr. Trainor for this position on February 11, 2025, and the United States Senate confirmed him on October 7, 2025.
A “Day One” Trump-Vance Administration official, he previously served as Acting Assistant Secretary for Civil Rights and Principal Deputy Assistant Secretary for Civil Rights at the United States Department of Education, where he spearheaded the Department’s efforts to reorient America’s civil rights regime from an unjust spoils system to one that protects the rights of all Americans. Mr. Trainor’s February 14, 2025, “Dear Colleague” letter is widely considered the Trump Administration’s blueprint for enforcing civil rights laws and restoring the Constitution’s promise of equal protection.
Prior to serving in the Trump-Vance Administration, he was Senior Special Counsel with the United States House of Representatives Committee on the Judiciary under Chairman Jim Jordan (R-OH), and Senior Litigation Counsel with the America First Policy Institute under the Honorable Pam Bondi.
For over ten years, Mr. Trainor was a criminal defense and civil rights lawyer in New York City, litigating cases in New York state court and the United States District Court for the Southern and Eastern Districts of New York.
Prior to founding his law practice, he served as a New York City prosecutor, an associate attorney at a white collar criminal defense firm, and a law clerk to Chief Judge Frederick J. Scullin, Jr., United States District Court for the Northern District of New York.
Assistant Secretary for Civil Rights, U.S. Department of Agriculture
Devon Westhill is the Assistant Secretary for Civil Rights at the U.S. Department of Agriculture. The U.S. Senate confirmed President Donald Trump’s nomination of Westhill on October 7, 2025.
Westhill returns to the USDA where he previously headed the civil rights office as Deputy Assistant Secretary in President Trump’s first term. His previous government appointments also include service at the U.S. Department of Labor, liaison to the Administrative Conference of the U.S., and liaison to the White House Initiative on Historically Black Colleges and Universities. Prior to returning to government service, Westhill was President and General Counsel of a nonprofit civil rights organization.
Westhill has testified on civil rights matters before Congress, federal agencies, and as an expert witness in federal court. He has spoken hundreds of times at college campuses, conferences, and on radio and TV programs, and he is frequently quoted in print publications, and his writing has appeared in numerous national outlets. A U.S. Navy veteran, Westhill earned his BA from the University of North Carolina at Chapel Hill and his JD from the University of Florida.
Fellow, Ethics and Public Policy Center
Rachel N. Morrison is an attorney and Fellow at the Ethics and Public Policy Center, where she directs EPPC’s Administrative State Accountability Project. Her legal and policy work focuses on religious liberty, health care rights of conscience, the right to life, nondiscrimination, and civil rights.
Before joining EPPC, Ms. Morrison served as an Attorney Advisor and Special Assistant to General Counsel Sharon Fast Gustafson at the Equal Employment Opportunity Commission (EEOC), where she focused on religious discrimination issues and was a member of the General Counsel’s Religious Discrimination Work Group. Before that, she served as Litigation Counsel for Americans United for Life and as a Constitutional Law Fellow at the Becket Fund for Religious Liberty, defending the right to life and religious freedom for all. She also clerked on the U.S. Court of Federal Claims.
Ms. Morrison’s legal analysis has been published in the Seton Hall Law Review, the Pepperdine Law Review, and the Ave Maria Law Review, as well as various other print media outlets.
Ms. Morrison earned her J.D., magna cum laude, from the Pepperdine University School of Law, where she was elected to the Order of the Coif and served as an editor for the Pepperdine Law Review and the Harvard Journal of Law & Public Policy. She received her B.A. in Mathematics and Speech Communication, summa cum laude, from Whitworth University (Spokane, WA). She is a member of the District of Columbia and the Washington State bars.
Ms. Morrison lives with her husband and daughter in Virginia.
Vice President & Senior Legal Fellow, Defending Education
Sarah Parshall Perry is vice president and senior legal fellow at Defending Education.
Before coming to Defending Education, Sarah served as a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies, part of the Institute for Constitutional Government at Heritage, where her work centered on civil rights and the proper role of the courts.
Sarah joined Heritage after serving as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education where she focused on policy reform, technical guidance, and the Office for Civil Rights’ (OCR) annual report to Congress. While at OCR, she was appointed by the Acting Assistant Secretary to co-chair the Employment Engagement, Diversity, & Inclusion Council and, in coordination with the Deputy Assistant Secretary for Enforcement oversee the hiring of dozens of attorneys for OCR’s 12 regional offices nationwide. Prior to her tenure at the Department of Education, she spent six years at the Family Research Council in Washington, D.C. where she was Senior Fellow for Education Reform and later, became the regular substitute host for the “Washington Watch” radio show. Her work at the Family Research Council also included the building and oversight of multiple policy coalitions geared toward the fight against antisemitism in academia, curbing tech censorship, and protecting religious liberty.
Before joining FRC, Sarah was in-house counsel and director of development for a Baltimore advertising agency, providing management of all new business transactions from pitch to contract execution for the multi-million-dollar enterprise. She began her practice at the litigation firm of Simms Showers, LLP where her work included Title VII employment discrimination, maritime/admiralty, and False Claims Act (“Qui Tam”) law. Sarah has a law degree from the University of Virginia School of Law, where she was an editor of the Virginia Journal of International Law, a recipient of the American Jurisprudence award, a Phi Delta Phi honor society member, and a student practitioner in the appellate litigation clinic where she argued before the 4th Circuit Court of Appeals. She holds a B.S. in Journalism with honors from Liberty University.
Her commentary and analysis have appeared in media outlets across the country, including the AP, BBC, Fox News, NPR, The Hill, Washington Post, Washington Times, and the New York Times. She is the mother of three children, and the author of just as many books on the trials and triumphs of parenting children on the autism spectrum. Sarah is a member of the Kirkpatrick Society at the American Enterprise Institute, and makes her home north of Baltimore, Maryland.
John S. Bradway Distinguished Professor of the Practice of Law; Director, Wrongful Convictions Clinic; Director, Center for Criminal Justice and Professional Responsibility, Duke Law School
Jim Coleman is the John S. Bradway Distinguished Professor of the Practice of Law, Director of the Center for Criminal Justice and Professional Responsibility, and Director of the Wrongful Convictions Clinic at Duke Law School. He is a graduate of Columbia University (J.D. 1974), and Harvard University (A.B. 1970).
Jim is a native of Charlotte, North Carolina. His experience includes fifteen years in private practice in Washington, D.C., the last twelve as a partner at Wilmer, Cutler & Pickering. In private practice, Jim specialized in federal court and administrative litigation; he also represented criminal defendants in capital collateral proceedings and was an active participant in his firm’s pro bono program. Jim also has had a range of government experience during the early part of his career, including stints as an assistant general counsel for the Legal Services Corporation, chief counsel for the U.S. House of Representatives' Committee on Standards of Official Conduct, and deputy general counsel for the U.S. Department of Education.
During his career, Jim has been active in the American Bar Association, where he served as Chair of the ABA Section of Individual Rights and Responsibilities and of the ABA Death Penalty Moratorium Implementation Project, and has served on various state commissions focused on wrongful convictions, the death penalty, and criminal justice generally.
Jim joined the Duke faculty full-time in 1996, where his teaching responsibilities have included criminal law, wrongful convictions, and the appellate litigation clinic, which he and Erwin Chemerinsky started. His academic work, conducted through the Center for Criminal Justice and Professional Responsibility, centers on the legal, political, and scientific causes of wrongful convictions and how they can be prevented. His administrative work for the University has included chairing the Lacrosse ad hoc Review Committee and the Duke Athletic Council.
General Counsel, The Center for Individual Rights
Michael E. Rosman is CIR’s General Counsel. He graduated summa cum laude from the University of Rochester in 1981, majoring in economics and political science. He received his J.D. in 1984 from Yale Law School. Mr. Rosman worked as an associate at Rosenman & Colin in New York City from 1984-93.
Mr. Rosman joined CIR in March 1994. Mr. Rosman is the author of several articles, including: “Ambiguity and the First Amendment: Some Thoughts On All-White Advertising,” 61 Tenn. L. Rev. 289 (1993); and “Standing Alone: Standing Under The Fair Housing Act,” 60 Mo. L. Rev. 547 (1995), “Thoughts on Bakke and Its Effect on Race- Conscious Decision-Making,” 2002 U. Chi. Legal F. 45 Book Review of Kent Greenawalt’s Fighting Words, 13 Constitutional Commentary 317 (1996)
Mr. Rosman has litigated throughout the federal court system, and has argued many times in the federal courts of appeals. He also successfully argued on behalf of CIR client Tony Morrison in the United States Supreme Court in the landmark case of United States v. Morrison, 529 U.S. 598 (2000).
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Roger Williams University School of Law
Professor Bogus has achieved national prominence in two areas -- (1) tort law, and especially, products liability; and (2) gun control, including issues involving the Second Amendment.
His work in the first area includes Why Lawsuits Are Good for America: Disciplined Democracy, Big Business and the Common Law (NYU Press). His Constitutional Law research proposes the thesis that James Madison wrote the Second Amendment to ensure that the federal government could not subvert the slave system by disarming the militia, on which the South relied for slave control. Professor Bogus has testified before Congress and spoken about and debated these subjects at many venues across the country, including at Harvard, Columbia, Chicago, Stanford, and Vanderbilt law schools, and his writings on these subjects have been published by law reviews, as well as opinion journals such as The Nation and The American Prospect, and newspapers including USA Today, Boston Globe, Washington Times, and the Providence Journal. Most recently, he was interviewed by National Public Radio. One of his interests is how ideology influences the law, and he is presently at work on a biography of William F. Buckley, Jr. and the conservative movement.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
Of Counsel, Erickson & Sederstrom
Professional Positions
Former Member of National Association of Attorneys General Executive Committee (2002)
Member, Society of Attorneys General Emeritus (SAGE)
Washington Legal Foundation, Policy Advisory Board
Federalist Society, Member of the Federalism Subcommittee for Federalism and Separation of Powers
Former Member, TRANSLink Transmission Co., Board of Directors
Former Member, U.S. Chamber of Commerce Federalism Working Group
Former Chair, Nebraska Crime Commission
Honors and Accomplishments
Argued cases in the United States Supreme Court
Phi Beta Kappa
Republican Nominee for U.S. Senate in Nebraska (2000)
Founding Member of the Republican Attorneys General Association
Nebraska Fertilizer and Ag Chemical Institute's Government Official of the Year (2000)
Nebraska Coalition for Victims of Crime's Public Policy Award (1999)
Lincoln Independent Business Association's Business Champion Award (1997)
Lincoln Jaycees Outstanding Young Individual Award (1981)
Prior to Becoming of Counsel to Erickson & Sederstrom, P.C.
Attorney General of Nebraska (1991-2003)
Legal Counsel to the Governor of Nebraska (1979-1983)
University of Nebraska, Lincoln, B.A. (1970)
Harvard Business School, M.B.A. (1974)
Harvard Law School, J.D. (cum laude) (1974)
Partner, Shook, Hardy & Bacon LLP
Victor Schwartz chairs the firm's Public Policy Practice Group, which focuses on integrating litigation, government affairs and public relations. The group seeks to be the vanguard of developing public policy issues that will help improve our civil justice system. Mr. Schwartz also has an active appellate practice and advises product manufacturers on liability prevention, litigation and public relations issues.
Sought by print and broadcast media, Mr. Schwartz is frequently quoted in The Wall Street Journal, The Washington Post and The New York Times. He has appeared on Oprah, 60 Minutes and leading news programs. The Legal Times of Washington has named Mr. Schwartz one of Washington’s Top 30 “Visionary” lawyers, and The National Law Journal named Mr. Schwartz one of the 100 most influential lawyers in the United States in March 2013.
Mr. Schwartz is on the Board of Directors of the Searle Civil Justice Institute at George Mason University School of Law. He is a frequent participant in judicial education programs. Mr. Schwartz serves as General Counsel to the American Tort Reform Association.
Prior to entering the full time practice of law, Mr. Schwartz was a professor and dean at the University of Cincinnati College of Law. He currently serves on the College’s Board of Visitors. In 2012, the College established the Professor Victor E. Schwartz Chair in Tort Law.
Mr. Schwartz, while at the U.S. Department of Commerce, served as chair of the Federal Inter-Agency Task Force on Product Liability, and the Federal Inter-Agency Council on Insurance. He was the principal author of the Uniform Product Liability Act and the Federal Risk Retention Act. He received the Secretary of Commerce’s Award for Professional Excellence.
Mr. Schwartz is co-author of the most widely used torts casebook in the United States, Prosser, Wade and Schwartz’s Torts (12th ed. 2010). He is author of the leading text Comparative Negligence (5th ed. 2010).
Mr. Schwartz has been an advisor for each of the American Law Institute’s (ALI) Restatement (Third) of Torts projects; Products Liability, Apportionment of Liability, and Liability for Physical Injury and Emotional Harm. He is a life member of the ALI.
Mr. Schwartz’s law review articles have analyzed almost every major subject of modern tort and civil justice public policy issues. His articles are frequently cited by both state and federal courts.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).