Race at Work: Can Businesses Treat People Differently on the Basis of Race?
In June of last year, the Supreme Court held that consideration of applicants’ race in...
Jonathan Berry, Jay Edelson, Stacy Hawkins, Gregory G. Katsas, Jason C. Schwartz
In June of last year, the Supreme Court held that consideration of applicants’ race in...
David Bernstein, Marcella Burke, Jay Edelson, Eugene Volokh, Todd J. Zywicki
This panel will consider the symmetry and consistency of free speech norms in higher education....
David Bernstein, Marcella Burke, Jay Edelson, Eugene Volokh, Todd J. Zywicki
This panel will consider the symmetry and consistency of free speech norms in higher education....
James M. Burnham, Heather Gebelin Hacker, Kate Comerford Todd
2023 National Lawyers Convention
For the past several years, the Freedom of Thought Project has been showcasing those who’ve...
Mark A. Behrens, James M. Burnham, Andrew N. Ferguson, Ashley Keller, Brandon J. Smith
For decades, the plaintiffs' bar has been populated by liberal lawyers who support left-wing elected...
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).
Senior Fellow, Claremont Institute
Daniel J. Mahoney is professor emeritus at Assumption University (where he taught from 1986 until 2021), Senior Fellow at the Claremont Institute, Senior Writer at Law and Liberty, and executive editor of Perspectives on Political Science. He has written extensively (in a dozen books and over 500 articles, essays, and reviews) on statesmanship, French political thought, the art and political thought of Aleksandr Solzhenitsyn, conservatism, religion and politics, and various themes in political philosophy. His book, The Statesman as Thinker: Portraits of Greatness, Courage, and Moderation was awarded the Palouci Prize for Conservative Book of the Year by ISI in 2023. His forthcoming book, The Persistence of the Ideological Lie: The Totalitarian Impulse Then and Now, will be published by Encounter Books in the spring of 2025. Mahoney has written for a wide range of academic and public journals from The Political Science Reviewer and Perspectives on Political Science to the Public Interest, the National Interest, First Things, National Review, the Claremont Review of Books, The New Criterion, Modern Age, Commentaire, La Nef, The European Conservative, and the Hungarian Review, among others. He has also edited and introduced the writings of Raymond Aron, Aurel Kolnai, Pierre Manent, Bertrand de Jouvenel, Joszef Cardinal Mindszenty, and the Nobel Laureate Aleksandr Solzhenitsyn (see the acclaimed The Solzhenitsyn Reader: New and Essential Writings, 1947-2005, published in 2006). His writings have been translated into thirteen languages including French, Italian, Hungarian, Romanian, Portuguese, Spanish, and Korean. In his scholarship and public writings, Mahoney vigorously defends a conservative-minded liberalism informed by classical and Christian wisdom and the best currents of moderate modernity, as well as the practical wisdom of the American Founders and public-spirited statesman such as Burke, Lincoln, Churchill, and de Gaulle. His public writings have taken eloquent and pointed aim at the totalitarian temptation in its various forms.
Chief Deputy Attorney General
Ryan Newman is currently Chief Deputy Attorney General for Florida Office of the Attorney General.
During the first Trump Administration, he served as Counselor to the United States Attorney General for national security and international affairs, Deputy General Counsel (Legal Counsel) for the Department of Defense, and Acting Assistant Attorney General for the Office of Legal Policy at the Department of Justice. Prior to serving in the Executive Branch, Ryan was Chief Counsel to United States Senator Ted Cruz during the 114th Congress.
Ryan served as a law clerk to the Honorable Samuel A. Alito, Jr. on the United States Supreme Court, the Honorable Richard J. Leon on the United States District Court for the District of Columbia, and the Honorable J.L. Edmondson on the United States Court of Appeals for the Eleventh Circuit.
Prior to law school, Ryan was an armor officer in the United States Army assigned to the 1st Squadron, 10th U.S. Cavalry Regiment (Buffalo Soldiers). He deployed to Iraq in 2003 for Operation Iraqi Freedom.
Ryan graduated from the United States Military Academy at West Point in 1998. He earned his law degree with high honors from The University of Texas School of Law in 2007.
Senior Policy Analyst, Independent Women’s Forum
Inez Feltscher Stepman is a senior policy analyst at IWF and host of High Noon with Inez Stepman, a podcast that hosts conversations with heterodox thinkers on a variety of important cultural and political subjects. She has over a decade of experience in education policy, and also handles issues related to institutional capture and the definition of sex in law and culture.
She is a Lincoln Fellow with the Claremont Institute and a senior contributor to The Federalist. Her work has additionally appeared in outlets such as USA Today, The Wall Street Journal, and New York Post, and she has made appearances on Fox News, PBS, CSPAN, and NPR.
Inez has a BA in Philosophy from the University of California, San Diego, and a JD from the University of Virginia School of Law. She lives in New York City with her husband.
Solicitor, U.S. Department of Labor
Jonathan Berry is Solicitor at the U.S. Department of Labor, in service to President Trump’s agenda to put American workers first. He leads the Department’s lawyers in advising the Secretary and agency leadership on all aspects of law and in representing the Department in court. He was previously managing partner at Boyden Gray PLLC, where he provided strategic counsel and litigated on issues at the intersection of law, politics, and public policy. Earlier, he headed the regulatory office at Labor, and also served at the Department of Justice, in the first Trump Administration. Mr. Berry served as a law clerk to Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit, and to Associate Justice Samuel A. Alito, Jr., of the Supreme Court of the United States.
Founder & CEO, Edelson PC
Jay Edelson is the founder of Edelson PC. He is considered one of the nation’s leading plaintiff’s lawyers, with his firm having helped secure over $45 billion in settlements and verdicts on behalf of classes, individuals, and governmental entities. Law360 described Jay as a “Titan of the Plaintiff’s Bar.” Jay has been recognized as one of “America’s top trial lawyers” in the mass action arena. LawDragon named him one of the top Plaintiff Financial Lawyers in the country. He has been called “probably the best known, and most innovative, consumer privacy lawyer on the planet,” with he and his firm holding records for the largest trial verdict in a consumer privacy case ($925m), the largest consumer privacy settlement ($650m) and the largest TCPA settlement ($76m).
Jay has been appointed to represent state and local regulators on some of the largest issues of the day, ranging from opioids suits against pharmaceutical companies, to environmental actions against polluters, to breaches of trust against energy companies and for-profit hospitals, to privacy suits against Google, Facebook, and others.
Professor of Law, Rutgers Law School
Stacy Hawkins is a frequent writer and sought-after speaker on the issue of employment law and diversity. She’s served on the Philadelphia Diversity Law Group and the Pennsylvania Bar Association Commission on Women in the Profession Diversity Task Force. She worked as a senior labor and employment attorney and as the director of diversity for major law firms.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Partner, Gibson Dunn & Crutcher
Jason C. Schwartz is a litigation partner in the Washington, D.C. office of Gibson Dunn, co-chair of the Labor & Employment Practice Group, General Counsel of the law firm and a member of the firm’s Executive Committee. Jason was recognized as an MVP in employment law five times, awarded by Law360 to “attorneys whose achievements in major litigation or transactions have set a new standard for accomplishment in corporate law.” Law360 referred to Jason as “an expert dismantler of worker class actions.”
Jason is ranked in Band 1 in Labor & Employment by Chambers USA, which stated, “He is a whip-smart, results-oriented and zealous advocate who is really committed to the client. His judgment is impeccable.” According to Chambers USA, “[c]lients note: He’s an excellent litigator with a good sense of the client’s needs in a business environment. He’s just a pleasure to work with. He’s disciplined, a great writer and gets great results.” Jason has been recognized as a Top 20 Labor & Employment Litigator in the U.S. by Benchmark Litigation; on the Top 100 list of the Nation’s Most Powerful Employment Attorneys by Human Resource Executive magazine; as a Top Lawyer in Employment Defense by Washingtonian Magazine; as a Leading Lawyer in Labor & Employment Disputes by The Legal 500 US; by Lawdragon 500 Leading Corporate Employment Lawyers for Labor & Employment (Litigation); in The Best Lawyers in America in the Employment Law-Management category; as a Super Lawyer by Washington, D.C. Super Lawyers; and as an Am Law Litigation Daily “Litigator of the Week” for his win in an independent contractor misclassification/wage-and-hour class action. He is a Fellow of the College of Labor & Employment Lawyers.
The practice group Jason co-leads was named by The American Lawyer as the Labor & Employment Litigation Department of the Year in its most recent competition. The American Lawyer noted, “with novel labor and employment issues swirling, Gibson Dunn’s litigators set standards and settle the law,” and that a case “typical for Gibson Dunn’s labor and employment team” is “high-profile,” “cutting-edge,” and “a victory.” The group was also recognized ten times as a Law360 Employment Practice Group of the Year and won The National Law Journal’s D.C. Labor & Employment Litigation Department of the Year competition for the last seven years in a row.
Jason’s practice includes sensitive workplace investigations, high-profile trade secret and non-compete matters, wage-hour and discrimination class actions, Sarbanes-Oxley and other whistleblower protection claims, executive and other significant employment disputes, labor union controversies, and workplace safety litigation.
Recent representative matters include:
Jason has also successfully tried several sensitive whistleblower matters for major national employers, and he prevailed in a precedent-setting Labor Department appeal of one of the first Sarbanes-Oxley whistleblower cases to proceed to trial. He prevailed for Enterprise Rent-A-Car in a case of first impression in which the U.S. Court of Appeals for the Third Circuit created a new joint employer test (the Enterprise test) and affirmed summary judgment for a parent corporation in a series of wage-hour class actions, defeating the plaintiffs’ effort to form a nationwide class (In re Enterprise Rent-A-Car Wage & Hour Employment Practices Litig. (3rd Cir. 2012)). In another case of first impression, he successfully argued in the Utah Supreme Court against the recognition of a tort for spoliation of evidence. In addition, he served as lead trial counsel for a retailer in a highly-publicized OSHA enforcement action relating to crowd control at a day-after-Thanksgiving sale.
Jason also has significant experience in administrative law and rulemakings. He served as counsel to the Fair Labor Standards Reform Coalition, and he played a leading role in preparing comments on behalf of the business community relating to the U.S. Department of Labor’s overtime exemption regulations.
Jason served for many years as the Secretary of the Retail Litigation Center, and he testified before Congress regarding OSHA enforcement programs on behalf of the U.S. Chamber. He frequently speaks and writes on employment law and trade secret related topics. He is the co-author of the treatise Whistleblower Law: A Practitioner’s Guide, published by American Lawyer Media/Law Journal Press, and he previously authored the annual “Trade Secrets Litigation Round-Up” published by Bloomberg BNA.
Jason earned his law degree magna cum laude from Georgetown University Law Center, where he was elected to the Order of the Coif and received the George Brent Mickum III Prize and the Charles A. Keigwin Award for the best academic record in first year courses. From 1995 to 1996, he worked as a Legislative Assistant to Congressman Jon D. Fox. Jason received a B.A. degree in international affairs cum laude in 1994 from The George Washington University.
Jason is admitted to practice in the District of Columbia, Virginia and Maryland, as well as in numerous federal courts. He served for many years as an officer and board member of the Charles E. Smith Jewish Day School, currently serves as a member of the Washington Lawyers Committee of the U.S. Holocaust Memorial Museum, and provides pro bono employment counsel to numerous community organizations.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
Founder and Managing Partner, Burke Law Group PLLC
Marcella Burke of Houston, Texas is founder and managing partner of Burke Law Group PLLC, an elite, full-service commercial law firm specializing in complex litigation. Burke began her legal career as an energy attorney in AmLaw 20 law firms, where she earned equity partnership. She was appointed in the Trump Administration to serve in the Senior Executive Service at the Environmental Protection Agency and the Department of Interior, where she managed the litigation docket and regulatory portfolio of chemicals, and all energy and natural resource permitting and project development on federal lands, including the federal oil and gas, renewables, carbon capture, wind, and hydropower. She served as Counsel to the Royalty Policy Committee and received appointments to the DOI’s Regulatory Reform Task Force and as National Environmental Policy Act (NEPA) team lead for all energy project approvals.
Burke serves in leadership roles with the State Bar of Texas Environmental Division, the Foundation for Natural Resources and Energy Law, and the Institute for Energy Law. She has published numerous articles and papers on energy and natural resources issues, as well as been quoted on same in the New York Times, Wall Street Journal, Washington Post, Bloomberg Law, and others.
She participated in judicial clerkships and externships including clerking on the Texas Supreme Court for Hon. Don Willett, and externing on the U.S. Fifth Circuit Court of Appeals, Federal District Court for the Southern District of Texas, and two Texas appellate courts. Burke received a Bachelor of Arts from Texas A&M University and a Juris Doctor from the University of Houston Law Center, as well as fellowships in Constitutional Law with Claremont Institute and James Wilson Institute.
In 2023, Governor Abbott appointed Burke as one of four members of the School Land Board, which manages the sale and leasing of 13 million acres of state lands. Marcella also serves on the Board of Trustees for the University of St. Thomas in Houston, Texas. She was a delegate at the 2023 ARC Forum in London.
Additionally, she is the Founder of the Burke Law Mom Endowment at the University of Houston Law Center, and the Burke Law Chickasaw National Family Flourishing Endowment, both of which support law students with children. She has served as a board member for the Federalist Society Houston Lawyers Chapter for over 10 years.
Founder & CEO, Edelson PC
Jay Edelson is the founder of Edelson PC. He is considered one of the nation’s leading plaintiff’s lawyers, with his firm having helped secure over $45 billion in settlements and verdicts on behalf of classes, individuals, and governmental entities. Law360 described Jay as a “Titan of the Plaintiff’s Bar.” Jay has been recognized as one of “America’s top trial lawyers” in the mass action arena. LawDragon named him one of the top Plaintiff Financial Lawyers in the country. He has been called “probably the best known, and most innovative, consumer privacy lawyer on the planet,” with he and his firm holding records for the largest trial verdict in a consumer privacy case ($925m), the largest consumer privacy settlement ($650m) and the largest TCPA settlement ($76m).
Jay has been appointed to represent state and local regulators on some of the largest issues of the day, ranging from opioids suits against pharmaceutical companies, to environmental actions against polluters, to breaches of trust against energy companies and for-profit hospitals, to privacy suits against Google, Facebook, and others.
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).
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
Founder and Managing Partner, Burke Law Group PLLC
Marcella Burke of Houston, Texas is founder and managing partner of Burke Law Group PLLC, an elite, full-service commercial law firm specializing in complex litigation. Burke began her legal career as an energy attorney in AmLaw 20 law firms, where she earned equity partnership. She was appointed in the Trump Administration to serve in the Senior Executive Service at the Environmental Protection Agency and the Department of Interior, where she managed the litigation docket and regulatory portfolio of chemicals, and all energy and natural resource permitting and project development on federal lands, including the federal oil and gas, renewables, carbon capture, wind, and hydropower. She served as Counsel to the Royalty Policy Committee and received appointments to the DOI’s Regulatory Reform Task Force and as National Environmental Policy Act (NEPA) team lead for all energy project approvals.
Burke serves in leadership roles with the State Bar of Texas Environmental Division, the Foundation for Natural Resources and Energy Law, and the Institute for Energy Law. She has published numerous articles and papers on energy and natural resources issues, as well as been quoted on same in the New York Times, Wall Street Journal, Washington Post, Bloomberg Law, and others.
She participated in judicial clerkships and externships including clerking on the Texas Supreme Court for Hon. Don Willett, and externing on the U.S. Fifth Circuit Court of Appeals, Federal District Court for the Southern District of Texas, and two Texas appellate courts. Burke received a Bachelor of Arts from Texas A&M University and a Juris Doctor from the University of Houston Law Center, as well as fellowships in Constitutional Law with Claremont Institute and James Wilson Institute.
In 2023, Governor Abbott appointed Burke as one of four members of the School Land Board, which manages the sale and leasing of 13 million acres of state lands. Marcella also serves on the Board of Trustees for the University of St. Thomas in Houston, Texas. She was a delegate at the 2023 ARC Forum in London.
Additionally, she is the Founder of the Burke Law Mom Endowment at the University of Houston Law Center, and the Burke Law Chickasaw National Family Flourishing Endowment, both of which support law students with children. She has served as a board member for the Federalist Society Houston Lawyers Chapter for over 10 years.
Founder & CEO, Edelson PC
Jay Edelson is the founder of Edelson PC. He is considered one of the nation’s leading plaintiff’s lawyers, with his firm having helped secure over $45 billion in settlements and verdicts on behalf of classes, individuals, and governmental entities. Law360 described Jay as a “Titan of the Plaintiff’s Bar.” Jay has been recognized as one of “America’s top trial lawyers” in the mass action arena. LawDragon named him one of the top Plaintiff Financial Lawyers in the country. He has been called “probably the best known, and most innovative, consumer privacy lawyer on the planet,” with he and his firm holding records for the largest trial verdict in a consumer privacy case ($925m), the largest consumer privacy settlement ($650m) and the largest TCPA settlement ($76m).
Jay has been appointed to represent state and local regulators on some of the largest issues of the day, ranging from opioids suits against pharmaceutical companies, to environmental actions against polluters, to breaches of trust against energy companies and for-profit hospitals, to privacy suits against Google, Facebook, and others.
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).
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
General Counsel, xAI and X
Partner, Hacker Stephens LLP
Heather Gebelin Hacker is a partner at Hacker Stephens LLP. Before her time in the private sector, Heather served as an Assistant Solicitor General in the Texas Attorney General’s office, representing the State in its most critical appellate litigation and advising senior officials and state agencies on important legal issues. She has extensive appellate experience, including before the U.S. Supreme Court, Federal Appeals Courts, and the Texas Supreme Court. Her clients have included the Governor of Texas, the Attorney General of Texas, the University of Texas System, the University of Texas at Austin, and the Texas Legislature, among others.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
General Counsel, xAI and X
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Partner, Keller Postman
Ashley Keller is one of the founding Partners of Keller Postman LLC. An experienced trial and appellate lawyer, Ashley helps set strategic direction across virtually all of the firm’s cases. He represents clients in a wide variety of practice areas and types of claims, including product-liability, antitrust, class action, and arbitration matters.
Ashley is one of the leaders of Keller Postman’s national product-liability practice. He leverages his ability to detangle complex concepts and develop novel legal theories to support individual client matters and as counsel on numerous product-liability multidistrict litigation matters. He chairs the plaintiffs’ Law & Briefing Committee in the Zantac (Ranitidine) Product Liability MDL in the U.S. District Court for the Southern District of Florida.
Ashley also litigates complex antitrust and class action matters. Among his notable cases, Ashley represents numerous States in antitrust litigation against Google for monopolizing products and services used by advertisers and publishers in online-display advertising.
Ashley also has played a central role in developing the firm’s pioneering arbitration practice, which includes pursuing individual arbitrations for clients whose claims are subject to arbitration clauses with class-action waivers. In part through managing the complexity of pursuing these individual claims simultaneously, the firm has secured millions in settlements for more than 500,000 employees and consumers.
Before launching Keller Postman, Ashley co-founded the litigation finance firm Gerchen Keller Capital, which grew to more than $1.3 billion in assets under management and was the world’s largest private investment manager focused on legal and regulatory risk prior to being acquired by Burford Capital in 2016.
Previously, Ashley was a partner at Bartlit Beck Herman Palenchar & Scott LLP, The American Lawyer’s litigation boutique of the year. While there, he handled various trial and appellate matters involving multi-billion-dollar securities and patent cases, contract disputes, mass torts, and class actions.
Ashley also worked as an analyst at Alyeska Investment Group, a Chicago-based market-neutral hedge fund, where he focused on investments in companies facing litigation and other complicated regulatory matters.
Ashley was named a 2021 Plaintiffs’ Lawyers Trailblazer by the National Law Journal. He is also listed on Lawdragon’s 500 Leading Lawyers in America, Lawdragon’s 500 Leading Plaintiff Consumer Lawyers, Lawdragon’s Leading Plaintiff Financial Lawyers, National Trial Lawyers’ Top 100, and Illinois Super Lawyers.
Ashley was a law clerk for Justice Anthony M. Kennedy at the Supreme Court of the United States and Judge Richard Posner at the U.S. Court of Appeals for the Seventh Circuit. He graduated magna cum laude from Harvard College, received his M.B.A. from the University of Chicago Booth School of Business and received his J.D. from the University of Chicago Law School, where he graduated first in his class.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Brandon Smith is a partner at Holtzman Vogel, based in Tennessee, where he focuses on government investigations, white collar matters, and specialty litigation. A seasoned government leader and legal strategist, Brandon has played a central role in shaping conservative policy and litigation at the highest levels of state government.
Before joining the firm, Brandon served as Chief of Staff and Assistant Solicitor General in the Tennessee Attorney General’s Office. In that role, he led multi-state litigation, high-profile constitutional challenges, and efforts to counter federal overreach and ESG-related corporate activism. He worked closely with nearly every Republican Attorney General’s Office in the country, coordinating litigation, strategy, and multi-state policy efforts.
Earlier in his career, Brandon served as Executive Director of Legislative and Regulatory Affairs for Kentucky Governor Matt Bevin and as Policy Director to Kansas Governor Sam Brownback, where he helped drive key legislative and budget initiatives. He also held roles as Deputy Director of the Federalist Society and as an adjunct professor at American University.
Brandon’s career has been defined by a commitment to defending federalism, advancing conservative governance, and shaping legal and policy fights that matter.