The Use of Force Against Terrorists and Rogue State Collaborators
Remarks on Customary International Law
Vincent J. Vitkowsky's 2007 ILSA Journal of International and Comparative Law paper addressing the use of...
Litigation Practice Group
Theodore Eisenberg, David M. Schizer, Timothy Courtney
Remarks on Customary International Law
Vincent J. Vitkowsky's 2007 ILSA Journal of International and Comparative Law paper addressing the use of...
Glen Nager, Jan Crawford, Timothy Courtney
I would like to thank everyone who stopped by the blog table at the Convention!...
The Atlantic reports: The U.S. Fifth Circuit Court of Appeals blocked a series of President...
Daniel T. Richards, Timothy Courtney
The 2015 National Lawyers Convention is in full swing! (We were trending on Twitter.) This year...
Next week, I will participate in the Federalist Society’s National Lawyers Convention, in Washington, D.C.,...
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Chief Deputy Solicitor General, Director of the Tenth Amendment Center, Ohio Attorney General's Office
John serves in the Office of the Solicitor General as a Deputy Solicitor General and as the Director of the Tenth Amendment Center. In his role, John monitors federal actions, orders, statutes, and regulations for potential overreach and advises the Solicitor General about potential actions to protect the interests of the State of Ohio. John works in both state and federal courts, including the U.S. Supreme Court, the U.S. Courts of Appeals, and the Ohio Supreme Court.
John previously practiced as a litigator at two large law firms in Columbus. He clerked for Judge Joseph Hood on the U.S. District Court for the Eastern District of Kentucky and Judge Eugene Siler for the U.S. Court of Appeals for the Sixth Circuit.
Senior Fellow in Executive Power, Cato Institute
Molly Nixon is a senior fellow at the Cato Institute, where she focuses on the scope, use, and history of executive power as well as its limits under the Constitution. Molly was previously an attorney with Pacific Legal Foundation’s separation of powers practice, where she litigated cases challenging congressional delegations of legislative power and executive branch overreach. Before that, she served as an Attorney-Advisor at the Department of the Interior and as Legislative Counsel for Congressman Justin Amash.
Molly holds a J.D. from New York University School of Law and a B.A. in History and International Relations from Boston University. She clerked for the U.S. District Court for the District of Alaska and practiced law at a firm in New York City for several years before moving to Washington, D.C.
Attorney, Separation of Powers, Pacific Legal Foundation
Josh Robbins is an attorney in Pacific Legal Foundation’s separation of powers group. He litigates cases to defend the structural protections of the U.S. and state constitutions that guarantee liberty for all Americans. He wants to help ensure Americans receive due process from the government when their lives and property are at stake and that the laws are made by our democratically elected representatives and not by unaccountable bureaucrats.
As an attorney in private practice, Josh saw firsthand how the government can embroil people (and even large corporations) in years-long legal battles. At PLF, he works to provide those without great resources an opportunity to vindicate their right to a properly ordered government, which is the right of all Americans.
Prior to joining PLF, Josh was an associate at a large law firm where he litigated cases in federal and state courts. He clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston.
Josh earned a B.A. in economics and international studies from Yale University and a J.D. from the University of Virginia School of Law. While at UVA, he served as an articles editor for the Virginia Law Review. He lives in Alexandria, Virginia, and enjoys hiking, swimming, and attending Washington Nationals games.
Josh is a member of the bar only in the states of Virginia and D.C.
Executive Director, Alliance For Consumers
O.H. leads Alliance For Consumers, which fights to ensure that consumer protection efforts, class action lawsuits, and attorney general enforcement actions are consistent with the rule of law and benefit everyday consumers, not just class action lawyers and career bureaucrats.
His work with AFC builds off his time with the Arizona Attorney General's Office under Attorney General Mark Brnovich, where he not only defended constitutional questions and served as the State's lead counsel in the U.S. Supreme Court, but also had the privilege of leading Arizona's consumer protection lawsuit against Google over the tracking of consumers' location, and the successful case against Volkswagen over well-publicized diesel-related consumer deception.
O.H. is a 2010 graduate of Harvard Law School. Before joining Attorney General Brnovich in 2016, O.H. practiced at WilmerHale and Ropes & Gray in Boston and clerked for the Hon. J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit in Atlanta, Georgia.
Managing Partner, Boyden Gray PLLC
Michael Buschbacher is the managing partner of Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Counsel, Sen. Schmitt and the Senate Judiciary Committee
Senior Counsel, Committee on Oversight and Government Reform, U.S. House of Representatives
Daniel Flores is a Senior Counsel on the Republican staff of the Committee on Oversight and Government Reform, U.S. House of Representatives. Prior to his current position, he served in the House as Chief Counsel for the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Before coming to the House, he served as an Acting Associate Deputy General Counsel for the U.S. Environmental Protection Agency and in other roles in EPA's Office of General Counsel, as a Senior Trial Attorney for the U.S. Department of Justice, Environment and Natural Resources Division, and as an attorney in private practice in Washington, D.C. He serves as a House liaison to the Administrative Conference of the United States and has served on the Council of the American Bar Association’s Section on Administrative Law & Regulatory Practice.
Senior Advisor, Burke Law Group
Anne Idsal Austin is an environmental health and safety attorney. Founder of Austin Legal & Public Affairs. Anne served in the highest ranks of state and federal government, where she shaped environmental and energy policy at the highest levels of government. She provides strategic counseling and policy guidance in the complex arenas of environmental and natural resources law. She handles complex environmental and natural resources litigation. Her experience includes air, water and waste governmental enforcement actions; citizen suits under RCRA, CERCLA, the Clean Water Act and the Clean Air Act; climate change litigation; toxic tort lawsuits involving chemical exposures, dust exposures and industrial accidents and toxic tort claims;.
Anne served as the principal deputy assistant administrator for the U.S. Environmental Protection Agency’s Office of Air & Radiation (OAR). In this role, she had a significant impact on U.S. clean air policy and regulation. Additionally, she served as the EPA Regional Administrator for Region 6, responsible for the implementation of federal environmental statutes and programs across Texas, Louisiana, Oklahoma, Arkansas, and New Mexico. Before serving in the federal government, Anne was the Chief Clerk and Deputy Land Commissioner for the Texas General Land Office and served as the general counsel for the Texas Commission on Environmental Quality.
Prior to joining Burke Law Group and founding Austin Legal & Public Affairs, Anne was environmental partner with an AMLAW100 firm, where she represented regulated clients to position them for success before state and federal regulatory agencies.
General Counsel, Senior Litigation Counsel, New Civil Liberties Alliance
Zhonette brings a quarter-century of litigation experience to NCLA. After a federal clerkship, she spent many years litigating at large law firms in Washington, D.C., and Denver, Colorado, before beginning public interest litigation in 2018.
Zhonette has litigated in state, federal, and international venues and in matters ranging from pro bono custody issues to multi-district and class action cases for Fortune 100 companies. Zhonette spent the first part of her career focused on high-stakes complex commercial litigation and white-collar defense. Since changing her legal practice to taming the Administrative State, Zhonette has focused on the Administrative Procedure Act, natural resources, takings issues and other constitutional claims.
Zhonette is a graduate of Georgetown University Law Center and is admitted to practice in the District of Columbia, the State of Colorado, the Commonwealth of Virginia, and various federal courts.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Abhishek (Abhi) Kambli is a partner at Holtzman Vogel who represents clients in high-stakes appellate and complex litigation, constitutional challenges, and matters involving state attorneys general and federal agencies. He is one of a handful of lawyers nationally who has both led federal litigation from inside the Department of Justice and multi-state coalition work from a State Attorney General’s office—giving clients a 360-degree perspective on government enforcement, regulatory challenges, and constitutional advocacy.
Prior to joining Holtzman Vogel, Abhi served as Deputy Associate Attorney General at the United States Department of Justice, where he acted as lead counsel in high-priority matters for the Trump Administration, oversaw the Department’s civil components on behalf of the Associate Attorney General, advised the White House Counsel’s Office and federal agencies on litigation risk and strategy, and developed the Department’s national affirmative civil litigation strategy.
Earlier, he served as Deputy Attorney General and Division Chief of the Special Litigation and Constitutional Issues Division at the Kansas Attorney General’s Office, where he launched the division and led multi-state coalitions in trial and appellate courts nationwide, including the United States Supreme Court. He began his career as an Assistant United States Attorney in the Southern District of Indiana, prosecuting more than 100 federal cases from investigation through appeal.
Abhi is also a Lieutenant Colonel in the United States Air Force Judge Advocate General's Corps, having served on active duty and in the reserves since 2013. His military service includes criminal trials as both prosecutor and defense attorney, appellate representation before the Court of Appeals for the Armed Forces, and representation of a high-profile detainee before the Military Commissions at Guantánamo Bay.
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.
Partner, Shook, Hardy & Bacon, LLP
Phil Goldberg is the office managing partner of Shook in Washington, D.C., and co-chair of the firm’s Public Policy Practice Group. He has more than 25 years of experience advising clients on high stakes and high profile liability-related public policy, public affairs and public relations issues. He counsels businesses and their trade associations on some of the most cutting-edge liability issues of the day.
As part of this work, Phil co-chairs the firm’s National Amicus Practice, which files more than three dozen amicus briefs every year. He has filed amicus briefs for many of the most influential trade and civil justice groups with courts at every level, from the U.S. Supreme Court to the U.S. Courts of Appeals and state appellate courts. He has testified before Congress and state legislatures, has authored leading legal scholarship and is a regular speaker at judicial education conferences. He also is a resource for journalists, podcasters and others who report on and discuss pressing liability issues.
President and Co-Founder, America First Legal Foundation
Gene Hamilton is the President of America First Legal, which he co-founded, and where he was previously the Executive Director, Executive Vice President, and General Counsel. He most recently served as Deputy White House Counsel to President Donald Trump. Earlier in his career, Gene served as Counselor to Attorney General at the U.S. Department of Justice and as Senior Counselor to the Secretary of Homeland Security. He also served as General Counsel on the Senate Judiciary Committee and held several roles at the Department of Homeland Security, including with U.S. Immigration Enforcement, U.S. Customs and Border Protection and the Office of the General Counsel. He holds a B.A. from the University of Georgia and a J.D. from Washington and Lee University School of Law.
Executive Director, Alliance For Consumers
O.H. leads Alliance For Consumers, which fights to ensure that consumer protection efforts, class action lawsuits, and attorney general enforcement actions are consistent with the rule of law and benefit everyday consumers, not just class action lawyers and career bureaucrats.
His work with AFC builds off his time with the Arizona Attorney General's Office under Attorney General Mark Brnovich, where he not only defended constitutional questions and served as the State's lead counsel in the U.S. Supreme Court, but also had the privilege of leading Arizona's consumer protection lawsuit against Google over the tracking of consumers' location, and the successful case against Volkswagen over well-publicized diesel-related consumer deception.
O.H. is a 2010 graduate of Harvard Law School. Before joining Attorney General Brnovich in 2016, O.H. practiced at WilmerHale and Ropes & Gray in Boston and clerked for the Hon. J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit in Atlanta, Georgia.
Counsel, Boyden Gray PLLC
Jim Wedeking is counsel at Boyden Gray PLLC. He has extensive experience with environmental regulations, providing compliance counseling for large industrial and agricultural companies and their related trade associations, drafting comments on proposed environmental rulemakings from a variety of federal agencies, and challenging those rules in court. For over 20 years he has helped companies obtain various permits and other authorizations for constructing major infrastructure projects, including fossil fuel-fired power plants, natural gas pipelines, and offshore wind turbines, as well as defend those permits and authorizations through litigation. Mr. Wedeking frequently writes on federal environmental law topics, including for the Washington Legal Foundation.
He has also counseled clients on several Freedom of Information Act matters, including the protection of confidential business information from disclosure to third parties and how the Supreme Court’s Food Marketing Institute v. Argus Leader Media decision increased protections for company information provided to regulatory agencies.
Before joining the firm, Mr. Wedeking was counsel in Sidley Austin’s Washington, D.C. environmental, health, and safety practice group. There, he represented industrial companies in defending against civil and criminal enforcement actions and toxic tort suits.
Mr. Wedeking received a J.D., cum laude, from the Catholic University of America Columbus School of Law and a B.A. in Criminology and Criminal Justice from the University of Maryland.
Dean Emeritus and Harvey R. Miller Professor of Law & Economics, Columbia Law School
David Schizer served as Dean of Columbia Law School from 2004 to 2014, and as CEO of the American Jewish Joint Distribution Committee, a global Jewish humanitarian organization, from 2017 to 2019. A co-chair of Columbia University's new task force on antisemitism, he also is a co-founder and co-chair of the Center for Israeli Legal Studies at Columbia Law School; co-founder and co-chair of the Richman Center for Law, Business, and Public Policy; and a Charter Trustee of Ramaz. He served as a law clerk to Justice Ruth Bader Ginsburg on the U.S. Supreme Court.
Assistant Director, Practice Groups, The Federalist Society
Partner, Jones Day
Glen Nager has argued 13 cases before the U.S. Supreme Court, as well as other appeals in subject areas such as antitrust, civil rights, employment, environmental law, government contracts, and intellectual property. He also defends employers in class action discrimination and employee benefits cases and conducts mediations and neutral case evaluations. In addition, Glen is the Client Affairs Partner for the Firm.
Glen represents clients such as General Electric, H&R Block, IBM, and Sodexo. Among other matters, he argued the American Needle case against the National Football League and won Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007).
Glen serves as an adjunct professor at the Georgetown University Law Center, where he teaches administrative and constitutional law. From 2012 to 2014, he served as President of the United States Golf Association. He served on the USGA's board from 2009 to 2014 and served as its general counsel from 2006 to 2008.
From 1995 to 2000, by joint appointment of the majority and minority leaders of the House and Senate, Glen chaired the Board of Directors of the Office of Compliance of the U.S. Congress. This board is responsible for promulgating regulations and adjudicating cases under the Congressional Accountability Act, a federal statute that made 11 employment laws applicable to the legislative branch.
Chief Legal Correspondent, CBS News
Jan Crawford is CBS News' chief legal correspondent and contributes regularly to the "CBS Evening News," "CBS This Morning," and "Face the Nation," as well as CBS News Radio and CBSNews.com.
Crawford joined CBS News in October 2009. She had been a regular contributor to CBS News in 2005 to 2006.
Crawford is a recognized authority on the Supreme Court whose 2007 book, "Supreme Conflict: The Inside Story of the Struggle for the Control of the United States Supreme Court" (Penguin Press), gained critical acclaim and became an instant New York Times Bestseller. She began covering the Court in 1994 for the Chicago Tribune and went on to become a law and political correspondent for all ABC News programs, a Supreme Court analyst for The NewsHour With Jim Lehrer on PBS and a legal analyst for CBS News' "CBS Evening News" and "Face the Nation." She has reported on most of the major judicial appointments and confirmation hearings of the past 15 years and amassed crucial sources in the White House, the Justice Department and Congress along the way.
Chief Justice John Roberts granted his first network television interview to Crawford, just one of the rare interviews she was able to obtain with a total of five of the Court's current members, as well as retired Justice Sandra Day O'Connor. Crawford also sat down with then-86-year-old Justice John Paul Stevens in his first television interview, as well as Justices Clarence Thomas, Antonin Scalia and Stephen Breyer.
Crawford's in-depth reports on the Bush Administration's legal war on terror and her exclusive reports on controversial interrogation techniques used for terror suspects have received wide acclaim and been credited with being a catalyst for congressional hearings. Washingtonian Magazine named her one of Washington's top journalists.
Crawford began her journalistic career at the Tribune in 1987, joining the legal affairs beat in 1993, after her graduation from the University of Chicago Law School. The newspaper awarded Crawford its highest award in 2001, for her role on a team of reporters covering the presidential election of 2000, and the legal battles over the White House. She won the same prize for her 13-part series on the post-civil rights South, a project that brought her back to her native Alabama.
Crawford graduated from the University of Alabama in 1987. She has taught journalism at American University and frequently speaks about the Court to universities, law schools, legal organizations and civic groups across the country. She is a member of the New York Bar. She and her family live in Washington D.C.
Assistant Director, Practice Groups, The Federalist Society
Daniel T. Richards is Vice President & Director, Digital at the Federalist Society, overseeing strategy, operations, and value measurement for FedSoc Digital. In this role, he manages the Society's video content (FedSoc Films) and marketing—including social media, advertising, analytics, and graphic design. He is an executive producer for the feature-length documentary, They Say It Can't Be Done. He holds a Bachelor of Arts degree in English Writing from Millikin University and a Master of Arts degree in Professional Communication from Clemson University.
Daniel T. Richards is Vice President & Director, Digital at the Federalist Society, overseeing strategy, operations, and value measurement for FedSoc Digital. In this role, he manages the Society's video content (FedSoc Films) and marketing—including social media, advertising, analytics, and graphic design. He is an executive producer for the feature-length documentary, They Say It Can't Be Done. He holds a Bachelor of Arts degree in English Writing from Millikin University and a Master of Arts degree in Professional Communication from Clemson University.
Assistant Director, Practice Groups, The Federalist Society
Distinguished University Chair and Professor of Law, University of St. Thomas School of Law
Michael Stokes Paulsen is Distinguished University Chair & Professor of Law at the University of St. Thomas, where he has taught since 2007. Professor Paulsen was previously the McKnight Presidential Professor of Law & Public Policy and Associate Dean at the University of Minnesota Law School, where he taught from 1991-2007. He is a graduate of Northwestern University, Yale Law School, and Yale Divinity School. He has served as a federal prosecutor, as Attorney-Advisor in the Office of Legal Counsel of the U.S. Department of Justice, and as counsel for the Center for Law & Religious Freedom.
Paulsen has taught as a visiting professor at Princeton University, Pepperdine University, Georgetown University, Bethel University, Uppsala University (Sweden), Daystar University (Kenya), and University of the Andes (Chile). He has been a guest lecturer at universities around the nation, including Harvard, Yale, Columbia, Princeton, Penn, NYU, Georgetown, Virginia, Stanford, Berkeley, Michigan, University of Chicago, and Northwestern.
Professor Paulsen is the author of more than ninety scholarly articles and book chapters on a wide variety of constitutional law topics, published in law journals including the Harvard Law Review, the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the Michigan Law Review, the Georgetown Law Journal, and the Northwestern University Law Review. He is the author or co-author of three books, including The Constitution: An Introduction (Basic Books, 2015) (co-authored with Luke Paulsen) and the casebook The Constitution of the United States, now in its fifth edition with Foundation Press, co-authored with Michael McConnell, Samuel Bray, and Will Baude.