Cellphone Searches and the Fourth Amendment – Riley v. California and United States v. Wurie - Podcast
Criminal Law & Procedure Practice Group Podcast
On Tuesday, April 29, 2014 the Supreme Court held back-to-back hearings on cases testing the...
Criminal Law & Procedure Practice Group
Criminal Law & Procedure Practice Group Podcast
On Tuesday, April 29, 2014 the Supreme Court held back-to-back hearings on cases testing the...
Criminal Law & Procedure and Free Speech & Election Law Practice Groups Podcast
On Tuesday, April 22, 2014, the Supreme Court heard oral arguments in Susan B. Anthony...
Douglas A. Berman, Paul G. Cassell
Criminal Law & Procedure Practice Group Podcast
In 2005, Washington, D.C. resident Antwuan Ball was indicted for a massive drug conspiracy and...
John G. Malcolm, William G. Otis
Criminal Law & Procedure Practice Group Podcast
Numerous proposals in Congress, the Justice Department, and the Sentencing Commission would bring down the...
Engage Volume 14, Issue 3 October 2013
Maryland v. King: Possibly The Most Important Criminal Procedure Case in Decades An Exchange Between...
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.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Partner, Vinson & Elkins, and former U.S. Attorney for the Eastern District of Virginia
Zachary (“Zach”) Terwilliger, the former Senate confirmed United States Attorney for the Eastern District of Virginia, has extensive experience in all manner of federal investigations and trials. Those frontline skills combine with his mastery of involved management roles overseeing operational programs, setting policy parameters, and managing teams to accomplish strategic objectives. He gained this experience over a decades-long career in public service where he advanced from an office intern to serve as the presidentially appointed and Senate confirmed United States Attorney. He rounds out his Washington experience by having served as Associate Deputy Attorney General and Chief of staff to the Deputy Attorney General, whose office manages the entire Department of Justice and its various agencies, and as counsel to the Chair of the Senate Judiciary Committee.
In a testament to his professionalism, he was the sole and unanimous recommendation of Virginia’s two Democratic Senators to serve as U.S. Attorney. Following this recommendation, the President’s nomination, and confirmation by the entire U.S. Senate, Zach was sworn in as the then youngest U.S. Attorney in the country.
Zach’s knowledge of how the Justice Department and federal enforcement agencies function in both civil and criminal matters, particularly in regards to discretionary decision making, provides him with unique insights necessary to effectively assist companies and individuals facing federal enforcement matters, including allegations of domestic and international criminal and civil violations. Zach is skilled in navigating internal and government investigations, allegations of bribery under the Foreign Corrupt Practices Act, complex criminal grand jury investigations, criminal antitrust matters, and Congressional inquiries and select committee investigations, among other complex white collar issues.
As U.S. Attorney for the Eastern District of Virginia, Zach supervised a team of over 300 lawyers and support staff. He also managed multiple key corporate resolutions, and significantly enhanced the District’s white-collar footprint through collaboration with DOJ’s Fraud Section, as well as with other enforcement entities like the newly created Special Inspector General for Pandemic Recovery and the Procurement Collusion Strike Force. He is also a veteran litigator with years of investigative and in-court experience in trials, pre-trial proceedings, and appeals.
Director, Project on Criminal Justice, Cato Institute
Matthew Cavedon is the Director of the Cato Institute’s Project on Criminal Justice. He focuses on reforming plea-driven mass adjudication, ensuring police accountability, and defending constitutional criminal originalism. Cavedon’s scholarship has been published (or is forthcoming in) publications including the Arizona State Law Journal, Cato Supreme Court Review, Seattle University Law Review, and Georgetown Journal of Law and Public Policy. Formerly a Georgia public defender and fellow at the Institute for Justice, Cavedon has taught law school courses on criminal law and procedure, as well as the First Amendment. Cavedon clerked for a U.S. district court and the Supreme Court of Georgia. He came to Cato following a fellowship at the Emory University Center for the Study of Law and Religion.
Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime
Marc A. Levin is the Chief Policy Counsel for the Council on Criminal Justice (counciloncj.org) and Senior Advisor for Right on Crime.
An attorney and accomplished author on legal and public policy issues, Marc began the Foundation’s criminal justice program in 2005. This work contributed to nationally praised policy changes that have been followed by dramatic declines in crime and incarceration in Texas. Building on this success, in 2010, Levin developed the concept for the Right on Crime initiative, a TPPF project in partnership with Prison Fellowship and the American Conservative Union Foundation. Right on Crime has become the national clearinghouse for conservative criminal justice reforms and has contributed to the adoption of policies in dozens of states that fight crime, support victims, and protect taxpayers.
In 2014, Levin was named one of the “Politico 50” in the magazine’s annual “list of thinkers, doers, and dreamers who really matter in this age of gridlock and dysfunction.”
Marc has testified on criminal justice policy on four occasions before Congress and has testified before legislatures in states including Texas, Nevada, Kansas, Wisconsin, and California. He also has met personally with leaders such as U.S. Presidents, Speakers of the House, and the Justice Commtitee of the United Kingdom Parliament to share his ideas on criminal justice reform. In 2007, he was honored in a resolution unanimously passed by the Texas House of Representatives that stated, “Mr. Levin’s intellect is unparalleled and his research is impeccable.”
Since 2005, Marc has published dozens of policy papers on topics such as sentencing, probation, parole, reentry, and overcriminalization which are available on the TPPF website. Levin’s articles on law and public policy have been featured in publications such as the Wall Street Journal, USA Today, Texas Review of Law & Politics, National Law Journal, New York Daily News, Jerusalem Post, Toronto Star, Atlanta Journal-Constitution, Philadelphia Inquirer, San Francisco Chronicle, Washington Times, Los Angeles Daily Journal, Charlotte Observer, Dallas Morning News, Houston Chronicle, Austin American-Statesman, San Antonio Express-News and Reason Magazine.
In 1999, Marc graduated with honors from the University of Texas with a B.A. in Plan II Honors and Government. In 2002, Marc received his J.D. with honors from the University of Texas School of Law. Marc was a Charles G. Koch Summer Fellow in 1996. He served as a law clerk to Judge Will Garwood on the U.S. Court of Appeals for the Fifth Circuit and Staff Attorney at the Texas Supreme Court.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Partner, Secil Law
John Irving brings nearly three decades of experience in white collar criminal defense, government investigations, and high-stakes congressional and corporate inquiries. A former federal prosecutor and trusted advisor within the U.S. Department of Justice and the Environmental Protection Agency, John is known for his calm under pressure, strategic clarity, and unwavering discretion.
His clients have included Members of Congress, senior executives, political appointees, and corporate entities navigating complex criminal, civil, and regulatory matters—including matters that have dominated national headlines. John’s practice today is defined by sophisticated representation in sensitive investigations, classified matters, and strategic crisis response—often involving multiple enforcement authorities.
John served for over a decade in the U.S. Department of Justice, including as an Assistant U.S. Attorney in Washington, D.C., where he prosecuted a wide range of criminal cases and appeared regularly in court. He later served as Counsel to two Deputy Attorneys General and as Counsel to the Assistant Attorney General of DOJ’s Environment and Natural Resources Division, advising on departmental policy and enforcement matters at the highest levels.
Prior to his tenure at DOJ, John served as Investigative Counsel to the (then-named) U.S. House Committee on Government Reform & Oversight and as an Associate Independent Counsel in the investigation of former HUD Secretary Henry Cisneros.
Before joining SECIL Law, John was a Partner at E&W Law, a boutique firm focused on environmental and white-collar litigation, and previously spent over a decade at Holland & Knight LLP in Washington, D.C. There, he was a key member of the firm’s White-Collar Defense, Investigations & Compliance team.
His private practice experience includes:
John’s clients appreciate his deep fluency in government processes, his strategic precision in high-pressure moments, and his ability to quietly resolve matters that others cannot.
Partner, King & Spalding LLP
Granta Nakayama specializes in energy and environmental issues. A partner in our Environmental practice with a focus on energy, Granta represents companies in a range of regulatory and enforcement matters.
With training as a nuclear engineer and more than a decade of experience as a practicing engineer and technical manager, Granta represents clients with products or services regulated by the Environmental Protection Agency (EPA) and Consumer Product Safety Commission (CPSC), along with state government agencies such as the California Air Resources Board. He defends companies in enforcement actions and litigation involving regulations and rate proceedings, and represents their interests in agency rulemakings and Congressional matters.
From 2005 to 2009, Granta served as Assistant Administrator for the EPA Office of Enforcement and Compliance Assurance. In that role, he led 3,400 employees in a national enforcement and compliance program covering air, water, waste, toxic chemicals and pesticides. During his tenure, EPA achieved record annual pollutant reductions (more than 3 billion pounds) and injunctive relief (over $11 billion).
The National Law Journal has recognized Granta as a 2016 "Energy and Environmental Trailblazer." He has been listed by The Legal 500 every year since 2010, and was recognized as a "Hall of Famer" in both the environmental litigation and regulatory and the rail and road litigation and regulatory sections in 2020. He has also been ranked in each edition of Chambers USA since 2010.
Partner, Sidley Austin LLP
JUSTIN SAVAGE is a global co-leader of the firm’s Environmental, Health, and Safety practice and co-leads the Automotive and Mobility sector team, where he is a leading strategist for companies navigating the intersection of complex regulation, high-stakes litigation, and transformative industry change. For nearly three decades, he has led clients through their most consequential environmental, health, and safety (EH&S) disputes and mobility-sector challenges, earning a reputation as both a trusted counselor and a forceful advocate in the courtroom and the boardroom. A core part of Justin’s practice also focuses on regulatory strategy and market entry, advising emerging technology companies, new market entrants, and established industry leaders on launching new products, technologies, and business models. He regularly counsel clients in emerging fields such as robotics and AI on engaging with regulators, anticipating enforcement and compliance risk, and building defensible regulatory strategies that support growth rather than slow it.
Clients praise Justin as “an excellent litigator… strategically clever and creative… attentive, thoughtful and willing to go above and beyond” (Chambers USA 2025). Chambers USA has ranked him for Band 1 for Environment in District of Columbia (2017–2025) and Band 3 for Transportation: Road (Automotive) in USA—Nationwide (2023–2025).
Justin has won some of the most closely watched EH&S and transportation disputes of the past two decades and guided companies through crises where business continuity, brand reputation, and regulatory survival were on the line. His leadership has been repeatedly recognized: he is a three-time Law360 Environmental “MVP” (2018, 2024, 2025) and a Lawdragon “500 Global Leaders in Crisis Management” (2025-2026). He is the first call for companies facing bet-the-company challenges.
Justin’s clients concentrate in heavily regulated industries, including auto and mobility, aviation, chemicals, data centers, energy, mining, and refining. Justin litigates and counsels across the spectrum of U.S. environmental, transportation, and administrative laws, including the Clean Air Act (Title I, mobile sources, and fuels), incident response, RMP, NHTSA, Clean Water Act, TSCA, CSB investigations, APA claims, FOIA litigation, NEPA, and the Safe Drinking Water Act.
Prior to joining Sidley, Justin served for nearly a decade at the Environmental Enforcement Section of the U.S. Department of Justice, where he led teams in several multi-billion dollar enforcement cases. In his career, Justin has regularly taught on a range of environmental and litigation topics. For several years, Justin served as an instructor at the Justice Department’s National Advocacy Center where he taught hundreds of Assistant U.S. Attorneys and other agency lawyers on topics that included trial advocacy and evidence. Since rejoining private practice, Justin has served eight times as a faculty member for the American Law Institute’s Environmental Litigation program. He also lectured on a range of litigation and trial topics for bar associations and organizations, including serving as an instructor for the FAA on trial advocacy.
Office of the Florida Attorney General
JEFFREY DESOUSA served as the Acting Solicitor General in the Florida Attorney General’s Office, where he focused on criminal appeals and constitutional litigation, primarily in the United States and Florida Supreme Courts, the Eleventh Circuit Court of Appeal, and the Florida district courts. He is a member of the Florida Bar’s Appellate Court Rules Committee and the First District Appellate American Inn of Court. After graduating with honors from Georgetown Law, Jeffrey served as an appellate attorney for the Miami-Dade Public Defender’s Office. He has worked on hundreds of appellate cases and presented oral argument in approximately 70, including 18 in the Florida Supreme Court.
Senior Legal Fellow, the Meese Institute for the Rule of Law, Advancing American Freedom
Paul J. Larkin is a Senior Legal Fellow in the Meese Institute for the Rule of Law at Advancing American Freedom. Paul has held various positions in the federal and state governments throughout his career, such as being an attorney in the Organized Crime and Racketeering Section of the Criminal Division at the U.S. Department of Justice, an Assistant to the Solicitor General in the Office of the Solicitor General at the U.S. Department of Justice, Special Agent-in-Charge and Acting Director of the Criminal Investigation Division at the Environmental Protection Agency, and a member of the Parole Abolition and Sentencing Reform Commission and of the Juvenile Justice Reform Commission in the Office of Virginia Governor George Allen.
He has also worked at Verizon Communications and two law firms in Washington, D.C. His current research is principally in the fields of drug policy, criminal justice policy, and administrative law and policy. He has published numerous articles in law and public policy journals, both in print and online.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
Member, Ifrah Law
After 27 years as a prosecutor, James (“Jim”) Trusty brings to Ifrah Law extensive experience in complex, multi-district white collar litigation, especially in matters involving RICO, The Computer Fraud and Abuse Act, and The Money Laundering Control Act of 1986.
Jim has represented a wide variety of individuals and corporations in the white-collar space. He regularly represents professional athletes, both criminally and civilly, and during 2022 and 2023 he represented President Trump during pre-indictment litigation relating to the Mar-a-Lago and January 6 cases.
Prior to joining Ifrah Law, Jim had a long career in public service, most recently as Chief of the Organized Crime Section at the United States Department of Justice. For seven years, Jim was ultimately responsible for investigating and prosecuting regional, national, and international cases, supervising significant pleadings, and providing strategic and tactical guidance in investigations and multi-defendant trials. In addition to running the RICO Review Unit, which reviewed and approved all criminal RICO cases brought by federal prosecutors, he also was in charge of establishing and promoting policies focused on immigration reform, firearms trafficking, proposed Congressional testimony for DOJ officials, and internet gambling. Significant and sensitive matters on which he worked include the post-conviction review of the Alaska corruption case related to U.S. v. Theodore Stevens and the investigation into allegations of misconduct by a sitting U.S. Attorney and one of her subordinates.
Prior to his work at DOJ, Jim acted as Assistant U.S. Attorney in Greenbelt, Maryland, where he investigated and prosecuted a wide variety of white-collar and other criminal cases, including The Washington area Sniper investigation. He also prosecuted three death penalty cases and was a member of the Attorney General’s Capital Review Committee, responsible for assessing capital-eligible cases such as the Boston Marathon Bomber and the Charleston Church massacre.
In 2018, Jim was appointed by the Governor of Maryland to serve on The Task Force to Study Maryland’s Criminal Gang Statutes. The Task Force assessed the efficacy of existing state laws as they apply to gang-related criminal activity in the state and presented its findings and recommendations to the Governor.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
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.
Newton D. Baker-Baker & Hostetler Chair in Law, Moritz College of Law, The Ohio State University
Professor Douglas A. Berman is Newton D. Baker-Baker & Hostetler Chair in Law and Executive Director of the Drug Enforcement and Policy Center, housed in the Moritz College of Law. Berman’s principal teaching and research focus is in the area of criminal law and criminal sentencing, though he also has teaching and practice experience in the fields of legislation and intellectual property. He has taught Criminal Law, Criminal Punishment and Sentencing, Criminal Procedure – Investigation, Marijuana Law, Policy & Reform Seminar, Federal and State Clemency Decision-making, The Death Penalty, Legislation, Introduction to Intellectual Property, Second Amendment Seminar, and the Legislation Clinic.
Professor Berman attended Princeton University and Harvard Law School. In law school, he was an editor and developments office chair of the Harvard Law Review and also served as a teaching assistant for a Harvard University philosophy course. After graduation from law school in 1993, Professor Berman served as a law clerk for Judge Jon O. Newman and then for Judge Guido Calabresi, both on the United States Court of Appeals for the Second Circuit. After clerking, Professor Berman was a litigation associate at the law firm of Paul, Weiss, Rifkind, Wharton, and Garrison in New York City.
Professor Berman is the co-author of two casebooks. Sentencing Law and Policy: Cases, Statutes and Guidelines, published by Aspen Publishers, is now in its fifth edition. Marijuana Law and Policy was released by Carolina Academic Press in 2020. In addition to authoring numerous articles on topics ranging from capital punishment to the federal sentencing guidelines, Professor Berman has served as a managing editor of the Federal Sentencing Reporter for more than twenty five years, and also serves as an editor of the Ohio State Journal of Criminal Law.
Professor Berman is the sole creator and author of the widely-read and widely-cited blog, Sentencing Law and Policy. The blog often receives nearly 50,000 page views per month (and had over 20,000 hits the day of the Supreme Court’s major sentencing decision in United States v. Booker). Professor Berman’s work on the Sentencing Law and Policy blog, which he describes as a form of “scholarship in action,” has been profiled or discussed at length in articles appearing in the Wall Street Journal, Legal Affairs magazine, Lawyers Weekly USA, Legal Times, Columbus Monthly, and in numerous other print and online publications.
In addition, Sentencing Law and Policy has the distinction of being the first blog cited by the U.S. Supreme Court (for a document appearing exclusively on the site), and substantive analysis in particular blog posts has been cited in numerous appellate and district court rulings, in many briefs submitted to federal and state courts around the country, and in hundreds of law review articles.
Professor Berman is a member of the Council on Criminal Justice and frequently is consulted by national and state policymakers, sentencing commissioners, and public policy groups concerning sentencing law and policy reforms. He has testified before the U.S. House of Representatives and before numerous sentencing commissions. He also is frequently contacted by national and local media concerning sentencing and marijuana reform developments.
Professor Berman has appeared on national television, radio and podcast news programs and has been extensively quoted in newspaper articles appearing in nearly every major national paper and many local papers, including The New York Times, The Washington Post, The Wall Street Journal, Legal Times, and in pieces from the Associated Press, Reuters, and Knight-Ridder news services.
Professor Berman sometimes serves as a consultant to lawyers working on important or interesting sentencing cases. In most instances, Professor Berman’s consulting has been on an ad hoc and pro bono basis, and it usually involves a quick review of draft briefs and other court filings and then providing general advice on litigation strategies. On some occasions, however, Professor Berman has been formally retained to play a more sustained role in certain cases, including being retained by law firms to provide consulting service on various cutting-edge federal sentencing issues.
Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law, The University of Utah College of Law
Paul G. Cassell is an internationally recognized legal scholar on criminal and civil justice, crime victims' rights, constitutional law, evidence, judicial process, and other legal issues. Cassell received a B.A. (1981) and a J.D. (1984) from Stanford University, where he graduated Order of the Coif and was President of the Stanford Law Review. He clerked for then-Judge Antonin Scalia when Scalia was on the U.S. Court of Appeals for the D.C. Circuit (1984-85) and for Chief Justice Warren Burger of the United States Supreme Court (1985-86). Cassell then served as an Associate Deputy Attorney General with the U.S. Justice Department (1986-88) and as an Assistant U.S. Attorney for the Eastern District of Virginia (1988 to 1991). Cassell joined the faculty at the College of Law in 1992, where he taught full-time until he was sworn in as a U.S. District Court Judge for the District of Utah in July 2002. In November 2007, he resigned his judgeship to return full-time to the College of Law to teach, write, and litigate concerning issues relating to crime victims' rights and criminal and civil justice reform. Professor Cassell has also published numerous law review articles in journals such as the Stanford Law Review, the Michigan Law Review, the Harvard Journal of Law and Public Policy, and the Journal of Criminal Law and Criminology. He is a co-author of the nation's only law school textbook on crime victims' rights, Victims in Criminal Procedure (various editions, most recently in its fifth edition published in 2025). Professor Cassell has argued pro bono cases relating to criminal procedure and crime victims' rights before the United States Supreme Court, the 2nd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and D.C. Circuits (including the 5th and 11th Circuits en banc), several U.S. District Courts, the Utah Supreme Court, and the Arizona Supreme Court. In 2020, Cassell received the Ronald Wilson Reagan Public Policy Award - National Crime Victims' Service Award from the U.S. Department of Justice. Cassell is a member of the American Law Institute, a fellow of the American Bar Foundation, and an inaugural member of the Council on Criminal Justice. He is also an occasional blogger at The Volokh Conspiracy.
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.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Shareholder, Brownstein, Hyatt, Farber, Shreck
With more than 20 years of experience both as a first-chair litigator and in public service, Greg Brower’s practice focuses on civil and criminal litigation, as well as regulatory and enforcement actions, corporate investigations, cybersecurity matters and federal and state government relations.
Most recently, Greg served as the assistant director for the Office of Congressional Affairs at the Federal Bureau of Investigation (FBI), serving as the FBI’s chief liaison to Congress on a wide range of critical oversight and investigative matters. He previously served as the FBI’s Deputy General Counsel, managing a diverse portfolio of legal matters, including litigation, privacy, procurement, compliance and ethics. During his time as a senior FBI executive, spanning two administrations, he worked closely with high-ranking officials in the U.S. Department of Justice (DOJ), the U.S. intelligence community and with key leaders on Capitol Hill. Greg is a regular commentator and contributor on national security, legal and cybersecurity issues, regularly appearing on CNN and MSNBC, and he is the featured contributor on white collar crime and corporate compliance for the Washington Legal Foundation’s Legal Pulse blog.
Greg has a long history of public service. At the federal level, he previously served as the U.S. Attorney for the District of Nevada, and as both General Counsel and Inspector General at the U.S. Government Publishing Office. Greg also served at DOJ as Legislative Counsel in the Executive Office for U.S. Attorneys. At the state level, he has served in a variety of public policy roles, including five terms in the Nevada Legislature, where he was chairman of the Senate Judiciary Committee. He has also served on the Nevada Gaming Policy Committee, the Nevada Advisory Commission on the Administration of Justice, the Nevada Sentencing Commission and the Nevada Juvenile Justice Commission.
Throughout his career, Greg has served the Nevada legal community as an adjunct professor of law at the William S. Boyd School of Law at the University of Nevada, Las Vegas, where he has taught courses in national security law and trial advocacy. Before attending law school, Greg served in the U.S. Navy as a Surface Warfare Officer.
Executive Director, National Association of Criminal Defense Lawyers
Norman Reimer is the Executive Director of the National Association of Criminal Defense Lawyers (NACDL). Prior to assuming this post, he practiced as a criminal defense lawyer for 28 years, most recently at Gould Reimer Walsh Goffin Cohn LLP in New York City.