Engage Volume 3, Issue 3, October 2002
ADMINISTRATIVE LAW & REGULATION Restoring Congress’ Proper Role in Oversight of Covert Intelligence Operations by...
Free Speech Practice Group
ADMINISTRATIVE LAW & REGULATION Restoring Congress’ Proper Role in Oversight of Covert Intelligence Operations by...
2001 National Lawyers Convention Issue SHOWCASE PANEL I Judicial Decisionmaking: The Case of Life, Liberty...
Nelson Lund, Michael A. Carvin, Daniel H. Lowenstein, Joshua Rosenkranz, Abigail Thernstrom, Paul D. Clement
The Free Speech & Election Law Practice Group sponsored this panel during the 2001 National Lawyers...
John G. Malcolm, Lillian R. BeVier, Marc Rotenberg, Stuart S. Taylor, Eugene Volokh, Manuel S. Klausner
The Free Speech & Election Law Practice Group sponsored this panel during the 2001 National...
Free Speech & Election Law Practice Group Newsletter - Volume 3, Issue 3, Winter 2000
Remarks of Professor Joel M. Gora at the Federalist Society's September 1999 Conference Editor's Note:...
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.
Supervising Senior Attorney, Foundation for Individual Rights and Expression (FIRE)
Conor Fitzpatrick comes to FIRE by way of Detroit, Michigan, where he was a principal at Miller, Canfield, Paddock and Stone. Conor has extensive litigation experience at the state and federal level. He has first-chaired multiple jury trials and briefed and argued several eight-figure cases on appeal.
Conor also comes to FIRE with a track record of supporting civil liberties and the First Amendment. Before joining FIRE, he taught First Amendment law as an adjunct professor at the University of Detroit Mercy School of Law. He has extensive experience litigating First Amendment cases pro bono on behalf of the incarcerated: His First Amendment work for inmates includes trying a First Amendment free exercise case to a federal jury, which resulted in a six-figure, mid-trial settlement following his cross examination of the key defendant. In another case, Conor secured a published decision from the Sixth Circuit denying qualified immunity to five prison employees, cementing his client’s First Amendment right to peacefully criticize government employees. Conor’s work on these and other cases earned him the 2018 Richard J. Seryak Award for Pro Bono Service.
When not thinking about the First Amendment, Conor enjoys reading, running, and eating sushi. He also avidly supports Detroit’s sports teams, but he rarely enjoys it.
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.
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.
Professor and Director, Prolife Center, University of St. Thomas School of Law
Teresa Collett, J.D., is professor at the University of St. Thomas School of Law, where she serves as director of the school's Prolife Center. Collett received her doctorate at the University of Oklahoma College of Law. As a well-known advocate for the protection of human life and the family, Collett specializes in the subjects of marriage, religion and bioethics in her research.
Collett has published numerous legal articles and is the co-author of a law casebook on professional responsibility and co-editor of a collection of essays exploring “catholic” and “Catholic” perspectives on American law. She is an elected member of the American Law Institute, and has testified before committees of the U.S. Senate and House of Representatives, as well as before legislative committees in several states.
In 2009, Pope Benedict XVI appointed Collett to a five-year term on the Pontifical Council for the Family. Her appointment was renewed by His Holiness Pope Francis until 2016 when the responsibilities of the Council were assumed by the Dicastery for the Laity, Family and Life. In 2013, she served as a delegate to the International Conference on Population and Development (ICPD) for the Mission of the Holy See to the United Nations.
She represented Congressman Ron Paul and various medical groups in the defense of the U.S. federal ban of partial-birth abortion, and the governors of Minnesota and North Dakota defending the N.H. requirement of state parental involvement prior to performance of an abortion on a minor before the U.S. Supreme Court. Collett is often asked to represent the interests of government officials before federal appellate courts. She has served as special attorney general for the states of Oklahoma and Kansas, as well as assisting other state attorneys general in defending laws protecting human life and marriage. Prior to joining St. Thomas in 2003, Collett taught at the South Texas College of Law, where she established the nation's first annual symposium on legal ethics.
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.
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.
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.
Professor of Law, UCLA Law School
Daniel Lowenstein was the first American law professor to specialize in Election Law and established a leading reputation in that field. He authored the first twentieth century textbook in the field — Election Law: Cases and Materials (Carolina Academic Press, 1995), now in its sixth edition. As co-editor with Professor Rick Hasen he inaugurated the Election Law Journal, the leading journal in the field. On January 29, 2010, leading scholars in Election Law put on a festschrift celebrating Lowenstein’s work in the field.
On July 1, 2009, Lowenstein became Director of the new UCLA Center for the Liberal Arts and Free Institutions (CLAFI), intended to facilitate and promote study of the great works and achievements of western civilization. He currently teaches undergraduate courses, primarily in literature.
Lowenstein worked as a staff attorney at California Rural Legal Assistance for two and one-half years beginning in 1968. While working for California's Secretary of State, Edmund G. Brown Jr. starting in 1971, he specialized in Election Law and was the main drafter of the Political Reform Act, an initiative statute that California voters approved in 1974, thereby creating a new Fair Political Practices Commission. Governor Brown appointed Lowenstein as first chairman of the Commission in 1975. Lowenstein has served on the national governing board of Common Cause and has been a board member and a vice president of Americans for Nonsmokers' Rights. He has also served as chairman of the Board of Directors of the award-winning theatre troupe Interact and regularly brings the company to the School of Law to perform plays with legal themes, such as Sophocles' Antigone, Ibsen’s An Enemy of the People, and Wouk's The Caine Mutiny Court Martial.
Professor Lowenstein’s published research runs the gamut of Election Law subjects, including campaign finance, redistricting, voting rights, political parties, and initiatives. He has also published literary criticism on works such as The Merchant of Venice and Bleak House.
To obtain news and information about CLAFI or about the Interact play readings at the School of Law, please write to Lowenstein at Lowenstein@law.ucla.edu.
Vice-chair, U.S. Commission on Civil Rights, and Adjunct Scholar, American Enterprise Institute
Abigail Thernstrom is the vice-chair of the U.S. Commission on Civil Rights, and an adjunct scholar at the American Enterprise Institute. She was a senior fellow at the Manhattan Institute in New York from 1993 to 2009, and a member of the Massachusetts State Board of Education for more than a decade until her third term ended in November 2006. She also serves on the board of advisors of the U.S. Election Assistance Commission. She received her Ph.D. in 1975 from the Department of Government, Harvard University.
In 2007 she and her husband, Stephan Thernstrom, along with James Q. Wilson, Martin Feldstein, and John Bolton, were the recipients of a Bradley Foundation prizes for Outstanding Intellectual Achievement.
Thernstrom and her husband, Harvard historian Stephan Thernstrom, are the co-authors of No Excuses: Closing the Racial Gap in Learning (Simon & Schuster, October 2003), which has been awarded the 2007 Fordham Foundation prize for “for distinguished scholarship,” and was named by both the Los Angeles Times and the American School Board Journal as one of the best books of 2003.
They also collaborated on America in Black and White: One Nation, Indivisible (Simon & Schuster), which the New York Times Book Review, in its annual end-of-the-year issue, named as one of the notable books of 1997.
They are the editors of a Beyond the Color Line: New Perspectives on Race and Ethnicity. Their lengthy review of William G. Bowen and Derek Bok's much-noticed work, The Shape of the River, appeared in the June 1999 issue of the UCLA Law Review.
Whose Votes Count? Affirmative Action and Minority Voting Rights (Harvard University Press) won four awards, including the American Bar Association's Certificate of Merit, and the Anisfield-Wolf prize for the best book on race and ethnicity. It was named the best policy studies book of that year by the Policy Studies Organization (an affiliate of the American Political Science Association), and won the Benchmark Book Award from the Center for Judicial Studies. Along with her husband, she also won the 2004 Peter Shaw Memorial Award given by National Association of Scholars.
She is currently completing a book entitled Voting Rights and Wrongs: The Elusive Quest for Racially Fair Elections, and is working, as well, with her husband on another book with the tentative title of Don’t Call it Segregation: The Myth of Contemporary Apartheid. She (and two co-authors) submitted an amicus brief in Parents Involved in Community Schools v. Seattle, challenging the constitutionality of Seattle's racial balancing plan.
Her frequent media appearances have included Fox News Sunday, Good Morning America, and This Week with George Stephanopoulos. For some years, she was a stringer for The Economist, and continues to write for a variety of journals and newspapers, including the Wall Street Journal, the Los Angeles Times, the New York Times and the (London) Times Literary Supplement.
She serves on several boards, and from 1992 to 1997 was a member of the Aspen Institute's Domestic Strategy Group.
Partner, Clement & Murphy, PLLC
Paul served as the 43rd Solicitor General of the United States from June 2005 until June 2008. Before his confirmation as Solicitor General, he served as Acting Solicitor General for nearly a year and as Principal Deputy Solicitor General for over three years.
Paul has argued over 100 cases before the United States Supreme Court, including McConnell v. FEC, Tennessee v. Lane, United States v. Booker, MGM v. Grokster, Hobby Lobby v. Burwell, Epic Systems Corp. v. Lewis, Rucho v. Common Cause, Facebook v. Duguid, and TransUnion v. Ramirez. Paul has argued more Supreme Court cases since 2000 than any lawyer in or out of government. He has also argued many important cases in the lower courts, including Walker v. Cheney, United States v. Moussaoui and NFL v. Brady.
Paul’s practice focuses on appellate matters, constitutional litigation and strategic counseling. He represents a broad array of clients in the Supreme Court and in federal and state appellate courts. Last year, for example, he successfully argued Supreme Court cases involving significant issues of energy regulation, statutory interpretation, state sovereign immunity and Article III standing, and successfully argued a trademark appeal in the Fourth Circuit, and a constitutional appeal before the en banc Eleventh Circuit.
Paul focuses on high-stakes appeals. In recent years, he successfully defended a $1.2 billion jury verdict for clients in a Tenth Circuit case, while securing the reversal of an over $2 billion jury verdict for another client in the Seventh Circuit and the approval of a nearly $1 billion dollar class action settlement in the Third Circuit. He has initiated major administrative law challenges and constitutional litigation against the federal government, such as the successful challenge to the HHS drug-pricing rule and threatened challenges that led to the withdrawal of the Treasury Department’s proposed cryptocurrency regulations. He also counsels clients on a variety of strategic legal questions, whether arising from pending legislation, government inquiries or ongoing litigation.
Paul has undertaken substantial pro bono engagements in the Supreme Court, such as twice successfully representing the defendant in Bond v. United States and successfully representing the Omaha Tribe in Nebraska v. Parker, the guardian ad litem in Adoptive Couple v. Baby Girl, the defendant in Sekhar v. United States, a high school football coach in Kennedy v. Bremerton, and the Little Sisters of the Poor. Paul’s pro bono representation also precipitated the federal government’s confession of error in United States v. Rojas.
Following law school, Paul clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. After his clerkships, he went on to serve as Chief Counsel of the U.S. Senate Subcommittee on the Constitution, Federalism and Property Rights.
Paul is a Distinguished Lecturer in Law at the Georgetown University Law Center, where he has taught in various capacities since 1998. He also serves as a Senior Fellow of the Law Center’s Supreme Court Institute. He is the Justice Joseph Story Distinguished Practitioner in Residence at the Gray Center at Scalia Law School.
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.
David and Mary Harrison Distinguished Professor of Law Emeritus, University of Virginia School of Law
Lillian BeVier taught constitutional law (with special emphasis on First Amendment issues), intellectual property (trademark, copyright), real property and torts from 1973-2010 at the Law School, and now teaches a January Term course on judicial philosophy.
At Stanford Law School, BeVier was revising editor for the Stanford Law Review and a member of the Order of the Coif. Before coming to Virginia, she was associate professor of law at the University of Santa Clara Law School; practiced law with Spaeth Blase Valentine & Klein in Palo Alto, Calif.; served as research associate to Professor William F. Baxter at Stanford University Law School, working on the FAA-ABA study of the legal aspects of airport noise and the sonic boom; and was assistant to the general secretary and assistant staff legal counsel for Stanford University.
BeVier received the University of Virginia Alumni Association Distinguished Professor Award in 2006. The Raven Society elected her to membership in 1993 and honored her with the faculty award in 2010. She delivered the Henry Miller Memorial Lecture at Georgia State Law School in 2005, the Coen Memorial Lecture at the University of Colorado Law School in 2000, and the David C. Baum Lecture on Civil Rights and Civil Liberties at the University of Illinois Law School in 1996. In 1999, at the invitation of the Supreme Court Historical Society, she spoke to the Society on Free Expression in the Warren and Burger Courts. Suffolk University awarded her an honorary S.J.D. degree in 1998. In the fall of 2003, she was a visiting scholar at the National Constitution Center in Philadelphia.
Having been nominated by President Bush and confirmed by the Senate in 2003, she served as vice-chair of the Board of Directors of the Legal Services Corporation until 2009. She serves on the national Board of Visitors of the Federalist Society. Within the Charlottesville community, BeVier has served as chair of the Board of Trustees of St. Anne’s-Belfield School and of the Martha Jefferson Hospital. She is currently chair of the board of the Martha Jefferson Health Services Corporation and of Piedmont CASA (Court-Appointed Special Advocates).
President and Executive Director, Electronic Privacy Information Center
Marc Rotenberg is President and Executive Director of the Electronic Privacy Information Center (EPIC) in Washington, DC. He teaches information privacy law at Georgetown University Law Center and frequently testifies before Congress on emerging privacy and civil liberties issues. He testified before the 9-11 Commission on "Security and Liberty: Protecting Privacy, Preventing Terrorism." He has served on several national and international advisory panels, including the expert panels on Cryptography Policy and Computer Security for the OECD, the Legal Experts on Cyberspace Law for UNESCO, and the Countering Spam program of the ITU. He chairs the ABA Committee on Privacy and Information Protection. He is a founding board member and former Chair of the Public Interest Registry, which manages the .ORG domain. He is editor of "The Privacy Law Sourcebook," and co-editor of "Information Privacy Law" (Aspen Publishing 2006) and "Litigation Under the Federal Open Government Laws" (EPIC 2010). He is a graduate of Harvard College and Stanford Law School. He served as Counsel to Senator Patrick J. Leahy on the Senate Judiciary Committee after graduation from law school. He is the recipient of several awards, including the World Technology Award in Law, the American Lawyer Award for Top Lawyers Under 45, the Norbert Weiner Award for Social and Professional Responsibility, and the Vicennial medal from Georgetown University.
Freelance Journalist and Author
Stuart Taylor, Jr. is a Washington writer focusing on legal and policy issues and a National Journal contributing editor. He occasionally practices law.
Taylor has coauthored three books. All have been acclaimed by commentators across the ideological spectrum. In January 2017, KC Johnson and Taylor authored The Campus Rape Frenzy: The Attack on Due Process at America's Universities. In 2012, Richard Sander and Taylor authored Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It. In 2007, Taylor and Johnson authored Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Fraud. Sander and Taylor have also filed amicus briefs in Supreme Court cases involving admissions preferences.
Since 1980, Taylor has done reporting and commentary about issues ranging from the biggest Supreme Court cases to race, voting rights, mindlessly excessive criminal penalties, guilt-presuming campus rape processes, journalistic bias, the death penalty, war powers, gerrymandering, guns, polarization, civil liberties, national security, torture, campaign finance, education, impeachment, and other issues. He has often been called one of the nation's best legal journalists and is known for challenging both liberal and conservative conventional wisdom.
Taylor was a reporter for The New York Times from 1980-1988, covering legal affairs and then the Supreme Court. He wrote commentaries and long features for The American Lawyer, Legal Times and their affiliates from 1989-1997, and for National Journal and Newsweek from 1998 through 2010. He has written (less often) on a freelance basis for numerous publications since 2010. He has written op-eds for The Washington Post, The New York Times, The Wall Street Journal, The Los Angeles Times, USA Today, and The New York Daily News and longer commentaries for RealClearPolitics, The Atlantic, The New Republic, the (late) Weekly Standard, National Review, Slate, The Daily Beast, Harper’s, Reader’s Digest, Time and other magazines. He has been interviewed on all major television and radio networks. He taught “Law and the News Media” at Stanford Law School in 2011 and 2012 and practices law on occasion.
Taylor graduated from Princeton University in 1970 with an A.B. in History. After working as a reporter for the Baltimore Evening Sun and Sun from 1971-1974, he moved to Harvard Law School, was a Harvard Law Review note editor, and graduated in 1977 at the top of his class, with high honors. He also won a Frederick Sheldon Traveling Fellowship and traveled around the world in 1977-1978 while studying freedom of the press in the United Kingdom and Kenya.
Taylor practiced law with Wilmer, Cutler & Pickering, in Washington, D.C., from 1977-1980 before returning to journalism in 1980 by joining the Washington Bureau of The New York Times.
Taylor's journalism honors include the 2009 Northern California Innocence Project Media Award for his work on the Duke lacrosse rape fraud; a 2002 National Headliner Award for best special magazine column on one subject; and a share of The American Lawyer’s National Magazine Award for a March 1990 special issue on the drug war. He was a National Magazine Award finalist in 1993 and 1997 and was nominated by The New York Times for a Pulitzer Prize in 1988.
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).
Co-Founder, Trustee, and Legal Advisor, Reason Foundation and Ge, Individual Rights Foundation
Manuel "Manny" Klausner was one of the founding partners in Reason Enterprises, which began publishing Reason magazine in 1971, three years after the publication's creation. He became editor in the summer of 1972 and a senior editor in June 1978. In 1978 he co-founded the Reason Foundation with Tibor Machan and Bob Poole. He remains on the board of the Reason Foundation today, is a stalwart supporter of the Federalist Society, and a libertarian lawyer extraordinaire.
Professor of Law, Brooklyn Law School
Joel Gora has been a professor at Brooklyn Law School since 1978, teaching constitutional law, civil procedure and a number of other related courses. He also served as Associate Dean for Academic Affairs from 1993-1997 and again from 2002 through 2006. He is the author of a number of books and articles dealing with First Amendment and other constitutional law issues. He is also an expert on campaign finance law matters, working in the field as both an advocate and an academic. Prior to joining the Brooklyn Law School faculty, Professor Gora was a law clerk at the United States Court of Appeals for the Second Circuit for two years after he graduated from law school, and then a full-time lawyer with the American Civil Liberties Union for almost ten years. During his ACLU career, he worked on dozens of United States Supreme Court cases, including many landmark rulings. Chief among them was the case of Buckley v. Valeo, the Court’s historic 1976 decision on the relationship between campaign finance restrictions and First Amendment rights. He has worked, on behalf of the ACLU, on almost every one of the important campaign finance cases to come before the Court. He also served for more than 25 years on the board of directors of the New York Civil Liberties Union, and as one of its general counsel. He has served as well on a number of policy committees of the New York City Bar, and was also a member of the board of the Federal Bar Council. Professor Gora received his B.A. from Pomona College and LL.B. from Columbia Law School.