Lee v. Tam: “Disparaging” Trademarks & the First Amendment
Short video featuring John Shu
Can the Patent and Trademark Office (PTO) deny a trademark to a group with an...
Free Speech Practice Group
Short video featuring John Shu
Can the Patent and Trademark Office (PTO) deny a trademark to a group with an...
On November 28, 2016, the Department of Justice (DOJ) filed an amicus curiae brief urging the Supreme...
Federalist Society Review, Volume 18
Note from the Editor: This article discusses different types of state anti-SLAPP laws and argues that...
Professional Responsibility & Legal Education and Free Speech & Election Law Practice Groups Podcast
Professor Eugene Volokh of the UCLA School of Law joined us Monday, December 12 to...
Short video featuring Brett Shumate
Do Internet Service Providers have a right to edit our Internet access? Brett Shumate, Partner...
CEO & Founder, Learned Hand
Raymond & Miriam Ehrlich Eminent Scholar Chair in US Constitutional Law, University of Florida Levin College of Law
Lyrissa Lidsky is the Raymond & Miriam Ehrlich Eminent Scholar Chair in U.S. Constitutional Law at Florida Law. She previously served as Dean of the University of Missouri School of Law from 2017-2022. The focus of her research and teaching is the intersection of Tort Law and the First Amendment, with an emphasis on defamation and free speech issues in social media. Missouri Lawyers Media named Lidsky its 2020 Woman of the Year based on her scholarship, passion for law, mentorship of students, and engagement of constituencies supporting the school of law.
Before becoming dean at Missouri, Lidsky served in a variety of leadership roles at UF Law, including as associate dean for graduate and international programs and associate dean for faculty development. She also held the Stephen C. O’Connell Chair in Law and received a number of teaching awards during her 23-year tenure at UF, including student-selected awards such as Teacher of the Year (twice) and Faculty Graduation Speaker (three times), as well as Teacher of the Year, which was selected by a faculty committee.
Lidsky is co-reporter on the Restatement of Defamation and Privacy, which is now in progress. She is co-author of a leading Media Law casebook, a First Amendment casebook, and a reference book on press freedom and has published dozens of articles, culminating in a forthcoming article in the Virginia Law Review, co-authored with Professor Christina Koningisor, called First Amendment Disequilibrium. Her work on anonymous speech has been cited by a number of state supreme courts and the highest courts of Canada and Hong Kong.
Before becoming a law professor, Lidsky served as a clerk for the Honorable Joseph T. Sneed of the United States Court of Appeals for the Ninth Circuit in San Francisco, Calif. Lidsky received her law degree from the University of Texas School of Law with high honors. She was initiated into Order of the Coif in recognition of her scholastic achievement and served as articles editor of the Texas Law Review. Before law school, she was a Fulbright Scholar at Cambridge University in England, studying medieval legal history and early development of the Common Law. She received her bachelor’s degree, summa cum laude, in English and political science from Texas A&M University.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
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.
Senior Vice President, Strategic Initiatives & Special Counsel to the President, Alliance Defending Freedom
Ryan Bangert serves as senior vice president for strategic initiatives and special counsel to the president at Alliance Defending Freedom. He oversees ADF’s regulatory practice, government relations, and corporate engagement teams. He also advises executive leadership with strategic initiatives and appears as counsel for ADF clients.
Before joining ADF, Bangert served as deputy first assistant attorney general and deputy for legal counsel in the office of the Texas attorney general. In those roles, he oversaw the state’s Special Litigation Unit, which handled critical litigation against the federal government, and oversaw multiple divisions within the office. Prior to that, he served as deputy for civil litigation for Missouri Attorney General Josh Hawley, overseeing the state’s civil litigation divisions, including the consumer protection and antitrust divisions, with over 200 attorneys and staff. During his time in government service, Bangert handled a diverse array of matters involving Big Tech, election law, civil rights, multistate antitrust and consumer protection investigations, and many other issues.
Prior to his government service, Bangert was a litigation partner at Baker Botts L.L.P., where he was a member of the firm’s commercial litigation and appellate practice sections. A seasoned trial attorney, The Texas Lawyer ranked the verdict Bangert achieved in the Janvey v. Maldonado case as the #1 verdict in the securities category for 2015-2019, and The National Law Journal ranked it in its “Top 100 Verdicts of 2015.” He was named a “Texas Rising Star” for multiple years by Texas Lawyer and Law and Politics magazines. While at Baker Botts, he was a volunteer attorney for ADF and served as amicus counsel in numerous cases, including Trinity Lutheran v. Comer and Salazar v. Buono, receiving the firm’s Opus Justitae Award in recognition of his outstanding commitment to pro bono service.
Bangert earned his J.D. from Southern Methodist University, where he was a Hatton Sumner’s scholar and graduated first in his class. He also participated in ADF’s Blackstone program and is a Blackstone Fellow. Following law school, he clerked for the Honorable Patrick E. Higginbotham on the Fifth Circuit Court of Appeals.
Bangert is a member of the Philadelphia Society and Federalist Society. He is admitted to practice law in Texas, California (inactive), Missouri (inactive), the U.S. Supreme Court and numerous federal district and appellate courts. A frequent op-ed contributor, his work has appeared in National Review, Daily Wire, The Hill, Washington Examiner, The Federalist, Fox News, and RealClear Religion. He speaks nationally on constitutional, cultural, and religious liberty issues.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Partner, Schaerr Jaffe LLP
Gene Schaerr specializes in handling—and usually winning—civil appeals, writ proceedings and similar matters, both in appellate courts and in the law-focused proceedings at the trial-court or agency level that often determine success or failure on appeal. He has argued and won dozens of cases in a variety of forums—including the U.S. Supreme Court (where he has argued six cases), every federal circuit, and numerous federal district courts and state appellate courts. His win rate in the dozens of federal appeals he has argued in the past six years is over 75 percent.
He was a coordinator of Sidley Austin's appellate practice from 1993 until 2005, and from 2005 until 2014 was the chair of the nationwide appellate practice at Winston & Strawn—a practice he led to numerous recognitions in such publications as the Appellate Hot List. His personal practice successes have won him repeated recognition in such publications as Best Lawyers in Washington, D.C., Legal 500, D.C. Superlawyers, and Best Lawyers in America. In January 2014, Mr. Schaerr formed his own boutique litigation firm so that he could serve his clients without the conflicts and inefficiencies inherent in big-firm law practice.
Substantively, Mr. Schaerr's experience includes not only virtually every area of federal law, defamation, higher education law, immigration, insurance coverage, labor and employment, patent and trademark, privacy, product liability and warranty, statutory interpretation and tax.He has represented clients in virtually every sector, including automotive, communications, energy, financial services, health care, higher education, insurance, maritime, pharmaceuticals, technology and state and local government. He also teaches courses in Supreme Court litigation, religious freedom litigation and advanced litigation skills as an adjunct professor of law at the Brigham Young University law school.
Mr. Schaerr began law practice in 1987 following clerkships on the U.S. Supreme Court (for Chief Justice Warren Burger and Justice Antonin Scalia) and on the U.S. Court of Appeals for the D.C. Circuit (for then- Judge Kenneth Starr). He graduated in 1985 from the Yale Law School, where he was Editor-in-Chief of the Yale Journal on Regulation and Senior Editor of the Yale Law Journal. From 1991 to 1993, he served in the White House as Associate Counsel to the President, where he had responsibility for a wide range of constitutional and administrative-law issues, including those involving economic regulation, higher education, separation of powers, federalism and religious freedom. He serves as Chairman of the Constitutional Sources Project, a digital resource providing free public access to historical materials relevant to the U.S. Constitution.
General Counsel, Center for Individual Rights
Darpana Sheth joined CIR as General Counsel in May 2025. She is a nationally recognized constitutional litigator with over two decades of experience serving in in leadership roles at other nonprofit organizations.
Before joining CIR, Darpana served for four years as Vice President of Litigation for the Foundation for Individual Rights and Expression. Prior to that, Darpana was a Senior Attorney with the Institute for Justice, where she also served as Director of the Institute’s National Initiative to End Forfeiture Abuse.
Before finding her calling as a public-interest attorney, Darpana served as an Assistant Attorney General for the State of New York and worked in private practice as a litigation associate at the Manhattan law firm of Chadbourne & Parke, LLP. She also served as law clerk to the Honorable Jerome A. Holmes of the U.S. Court of Appeals for the Tenth Circuit.
A native of Philadelphia, Darpana graduated from the University of Pennsylvania with a Bachelor of Arts in Political Science and History. She earned her law degree from Georgetown University Law Center.
Senior Attorney, Institute for Free Speech
Owen Yeates is a Senior Attorney on the litigation team and plays an important role in their regulatory, legislative, and policy work. Owen joined the Institute in 2015 as a Staff Attorney and was promoted in 2021 to Senior Attorney and Deputy Vice President for Litigation, after serving as Acting Legal Director following the departure of Allen Dickerson to the Federal Election Commission. From May 2022 to May 2025, Owen served as a Deputy District Attorney for Multnomah County, Oregon. He re-joined the Institute for Free Speech as a Senior Attorney in May 2025.
He received his J.D. from Stanford Law School after completing a Ph.D. in Political Science at Duke University and a B.S., summa cum laude, in Physics from Brigham Young University. Owen clerked for the Honorable Scott Matheson, Jr., of the United States Court of Appeals for the Tenth Circuit (2012-2013), the Honorable J. Jerome Farris of the United States Court of Appeals for the Ninth Circuit (2011-2012), and the Honorable James L. Robart of the United States District Court for the Western District of Washington (Summer 2012). After clerking, he was a litigation associate in intellectual property law at Klarquist Sparkman, LLP, in Portland, Oregon, where he was involved with the Legal Aid Society of Oregon’s domestic violence program. Before law school, he taught Ancient Political Theory, American Politics, Theories of Human Freedom, and Religion and American Politics at Brigham Young University and Wake Forest University. During law school, Owen interned with the U.S. Attorney’s Office and the U.S. Department of Defense, and he worked with the school’s Three Strikes Clinic and Domestic Violence pro bono program.
Owen is licensed to practice law in the District of Columbia, Oregon, Utah (inactive), and Washington state (inactive). He is admitted to practice before the United States Supreme Court; the United States Courts of Appeals for the Third, Sixth, Eighth, Ninth, Tenth, Eleventh, and D.C. Circuits; and the United States District Courts for the Districts of Colorado, Columbia, Oregon, and Utah, as well as the Eastern District of Texas and the Western District of Tennessee.
Research Scholar in Law and Executive Director, Center for Academic Freedom and Free Speech, Yale Law School
Joe Cohn is a research scholar in law at Yale Law school and the executive director of the Center for Academic Freedom and Free Speech (CAFFS).
Cohn has served as a staff attorney at the AIDS Law Project of Pennsylvania, a staff attorney for the Court of Appeals for the 3rd Circuit, an adjunct professor of law at the University of Pennsylvania Law School, where he supervised law students representing clients in litigation in state and federal courts, and as the interim legal director for ACLU affiliates in Nevada and Utah.
A majority of Cohn’s career has been dedicated to defending civil liberties on college campuses and free expression in society at large. As the Foundation for Individual Rights and Expression’s (FIRE’s) founding legislative and policy director, from 2012 to 2023, he testified on numerous occasions in legislatures across America and in Congress, drafted legislation on campus free speech, campus due process, and academic freedom that has been enacted in states across the country. Immediately before joining CAFFS, Cohn advocated for open inquiry, viewpoint diversity, and constructive disagreement in higher education as Heterodox Academy’s director of policy.
Cohn writes extensively on civil liberties, with articles published in a wide array of media outlets, including the Wall Street Journal, the Washington Post, Newsweek, the Hill, the New York Daily News, the Chicago Tribune, the Las Vegas Review Journal, the Minnesota Star Tribune, the Chronicle of Higher Education, Inside Higher Ed, and the Volokh Conspiracy.
He earned his bachelor of arts from the University of Nevada at Las Vegas in 2000. He is a 2004 graduate of the University of Pennsylvania Carey School of Law and the Fels Institute of Government Administration, where he earned his J.D. and M.A. in Government Administration.
Senior Counsel, Director of Center for Academic Freedom, Alliance Defending Freedom
Tyson Langhofer serves as senior counsel and director of the Center for Academic Freedom with Alliance Defending Freedom.
Langhofer represents students and faculty at public high schools and colleges in defending their First Amendment rights. For example, in Denton v. Hecht, he successfully defended a Florida State University student after he was removed as Student Senate President simply for sharing his Catholic views in a private group chat. In Cross v. Loudoun County Public Schools, he successfully defended an elementary school gym teacher after the school suspended him for peacefully sharing his views on a proposed policy at a public school board meeting.
Langhofer has extensive experience in civil litigation and constitutional law. Before joining ADF, Langhofer was a partner with Stinson LLP, where he worked as a commercial litigation attorney from 2000 until he joined ADF in 2015.
Langhofer is Peer Review Rated AV® Preeminent in Martindale-Hubbell. He is a sought-after speaker on legal and cultural issues. He regularly comments on free speech issues in television, radio, and print media. He has appeared as a guest and written pieces for numerous major media outlets, including The Washington Post, The Washington Times, USA Today, Townhall, The Federalist, and The Daily Wire.
Langhofer earned his Juris Doctor from Regent University School of Law in 1999, graduating cum laude. Langhofer is admitted to practice in multiple states, the Supreme Court, and numerous federal district and appellate courts.
Founder, MPL Strategies
Vice President for Legal Strategy, Stand Together
Casey Mattox is Vice President for Legal Strategy at Stand Together and Senior Advisor at
Americans for Prosperity. In these roles he advocates for and creates strategies and
partnerships to ensure a constitutionally limited government that protects the civil liberties of all
Americans. Prior to joining Stand Together and AFP Casey’s legal career focused on defending
the First Amendment rights of students, faculty, healthcare workers and religious organizations.
Casey has a J.D. from Boston College School of Law and an undergraduate degree from the
University of Virginia. You can find him on Twitter at @CaseyMattox_ and on LinkedIn at
@Casey-Mattox-ST.
Justice, Texas First Court of Appeals
Susanna Dokupil was elected to the First Court of Appeals in November 2024. With over two decades of experience, Susanna’s career has spanned all three branches of government as well as private practice. She has been a Special Counsel and Assistant Solicitor General in the Office of the Attorney General of Texas as well as a Special Counsel to the United States Senate Judiciary Committee and a law clerk to the Hon. Jerry Smith on the U.S. Court of Appeals for the Fifth Circuit.
In her role as Special Counsel at the Texas Attorney General’s office, Susanna led teams of litigators focused on protecting Texas’s interests against agency regulations that exceeded the agency’s statutory and constitutional power. As an Assistant Solicitor General, she drafted briefs before the Fifth Circuit and United States Supreme Court, primarily focused on First Amendment issues. Susanna’s experience in private practice has combined traditional commercial litigation with advising technology companies and founders on strategic communications.
Susanna has been a prolific speaker and writer on law and public policy topics, including articles in The Harvard Journal of Law & Public Policy, The Texas Review of Law & Politics, American Enterprise, the Washington Times, and the Houston Chronicle, among others.
Susanna is a graduate of Harvard Law School and also holds degrees from The George Washington University and Baylor University. She lives in Houston and has four children.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Associate, Consovoy McCarthy PLLC
Ms. Bates assists clients with a variety of litigation and appellate matters that encompass constitutional law, administrative law, and commercial litigation. Before joining the firm, Ms. Bates was a law clerk to Judge Kyle Duncan of the U.S. Court of Appeals for the Fifth Circuit. She previously served as a Legal Policy Analyst at the Heritage Foundation, where she researched and wrote about the courts, judicial nominations, and various constitutional issues. She also co-hosted Heritage’s SCOTUS 101 podcast. She earned her B.A. magna cum laude in Politics from Hillsdale College, and her J.D. from the Antonin Scalia Law School at George Mason University. Ms. Bates is a member of the Virginia Bar.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
General Counsel, U.S. Department of Homeland Security
James H. Percival graduated from the University of California, Santa Barbara and the University of Virginia School of Law. Before his work at the Department of Homeland Security, he was Chief of Staff to then Florida Attorney General Ashley Moody. James previously served in a number of other roles for Attorney General Moody and as Senior Counsel at the U.S. Department of Justice. Before beginning his public service, James worked for a global law firm and clerked for Judge Emmett Ripley Cox of the U.S. Court of Appeals for the Eleventh Circuit. In between college and law school, James worked as a substitute teacher and as a missionary in South America.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. - China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
Attorney at Law
James P. Scanlan is an attorney specializing in the use of statistics in litigation. He has published about 60 articles on legal or public policy issues. About half have pertained to the use of statistics in the law and the social and medical sciences, especially regarding the patterns by which standard measures of differences between outcome rates tend to be systematically affected by the prevalence of an outcome. Most notably, the rarer an outcome the greater tends to be the relative difference in experiencing and the smaller tends to be the relative difference in avoiding it, a pattern termed “Scanlan’s Rule” by scholars in the UK. Thus, for example, improvements in health or healthcare tend to decrease relative differences in favorable health outcomes, while increasing relative differences in the corresponding adverse outcomes; increasing loan approval rates tends to decrease relative differences in approval rates while increasing relative differences in rejection rates. Without recognizing this and related patterns it is not possible to soundly interpret data on group differences in outcome rates.
Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Partner, Horvitz & Levy LLC
Felix Shafir is a partner at the firm. He has argued appeals in the California Supreme Court and the California Courts of Appeal, and has been lead and amicus counsel in numerous proceedings in the United States Court of Appeals for the Ninth Circuit.
Mr. Shafir focuses his practice on two areas at the cutting edge of California law: (1) the law of protected speech, including the First Amendment, defamation, California’s anti-SLAPP statute, and the litigation privilege; and (2) the defense of class and representative actions, often through resisting class certification efforts or the enforcement of arbitration agreements. He has also developed unique expertise in handling appeals involving employment disputes and employer liability, commercial litigation, intellectual property, environmental litigation, unfair competition lawsuits, and federal and state securities issues.
Mr. Shafir often works with clients and trial counsel before an appeal begins, advising them to preserve issues and present evidence in the best posture for appeal. He also prepares amicus briefs seeking to move or clarify the law in ways favorable to his clients and their members.
Mr. Shafir has represented many significant companies and organizations, including American Medical Response, the Chamber of Commerce of the United States of America, Omega S.A., See’s Candy Shops, Shell Oil Company, and the Southern California Gas Company.
Mr. Shafir is a past member of the California State Bar Committee on Appellate Courts and the Los Angeles County Bar Association’s State Appellate Judicial Evaluation Committee.
In 2013, 2014, and 2016, the Los Angeles & San Francisco Daily Journal honored Mr. Shafir by naming him to its list of California’s “Top Labor and Employment Lawyers.” He was also named a Rising Star by California Super Lawyers from 2007 to 2014.
Before joining the firm, Mr. Shafir held judicial clerkships with the Honorable Thomas J. Meskill, U.S. Court of Appeals, Second Circuit, and the Honorable Whitman Knapp, U.S. District Court, Southern District of New York. Mr. Shafir previously practiced at Mayer, Brown, Rowe & Maw LLP and Littler Mendelson, P.C., where he focused on all aspects of labor and employment defense and counseling.
Northwestern University School of Law, J.D., cum laude, 1999
University of California, Los Angeles, B.A., cum laude, 1996
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Assistant Attorney General, Civil Division, United States Department of Justice
Brett A. Shumate was sworn in as the Civil Division’s 36th Assistant Attorney General on June 11, 2025. He previously served in the Civil Division from 2017 to 2019 as the Deputy Assistant Attorney General for the Federal Programs Branch. Prior to rejoining the Department, Mr. Shumate was a partner at Jones Day in Washington, D.C.
Mr. Shumate clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit. He graduated from Wake Forest University School of Law and Furman University.