Explainer Episode 77 - State Regulatory Reform and Overcoming Regulatory Inertia
Tanner Jones and Jonathan Wolfson from the Cicero Institute discuss their co-authored paper titled "Restoring...
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies.
Tanner H. Jones, Jonathan Wolfson
Tanner Jones and Jonathan Wolfson from the Cicero Institute discuss their co-authored paper titled "Restoring...
John Kennerly Davis, Daniel M. Flores, John Nay, Catherine M. Sharkey
A panel of experts will engage in a legal discussion about the implications of using...
John Kennerly Davis, Daniel M. Flores, John Nay, Catherine M. Sharkey
A panel of experts will engage in a legal discussion about the implications of using...
A Regulatory Transparency Project Fourth Branch Video
Fair Use allows for copyrighted works to be used in certain circumstances. When Fair Use...
Victor Flatt, Stephen Hall, Marc Marie, Trent McCotter
A Regulatory Transparency Project Webinar
A panel of distinguished legal scholars and practitioners will provide an overview of the current...
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Clinical Professor of Law, Cornell Law School
William A. Jacobson is a Clinical Professor of Law and Director of the Securities Law Clinic.
He is a 1981 graduate of Hamilton College and a 1984 graduate of Harvard Law School. At Harvard he was Senior Editor of the Harvard International Law Journal and Director of Litigation for the Harvard Prison Legal Assistance Project.
Prior to joining the Cornell law faculty in 2007, Professor Jacobson had a highly successful civil litigation and arbitration practice in Providence, Rhode Island, concentrating in investment, employment, and business disputes in the securities industry, including many high profile cases reported in leading newspapers and magazines.
Professor Jacobson has argued cases in numerous federal and state courts, including the Courts of Appeal for the First, Fifth and Sixth Circuits, and the Rhode Island Supreme Court.
Professor Jacobson has a national reputation as a leading practitioner in securities arbitration. He was Treasurer, and is a former member of the Executive Committee and Board of Directors of the Public Investors Arbitration Bar Association, a professional organization of attorneys dedicated to protecting public investors. He frequently is quoted in national media on issues related to investment fraud and investor protection, and in the past has served as one of a small number of private practice attorneys who trained new arbitrators for the Financial Industry Regulatory Authority.
Professor Jacobson is co-author of the Securities Arbitration Desk Reference (Thomson-Reuters), updated annually.
Professor Jacobson also is the founder and publisher of Legal Insurrection, a popular politics and law website. He is frequently quoted in the media on political and legal topics, has authored many Op-Eds in major publications, and appears on television and radio to discuss politics and the law.
Vice President and Deputy Counsel, Wisconsin Institute for Law and Liberty
Professor of Law and J. Philip Johnson Faculty Fellow, University of North Dakota School of Law
Michael S. McGinniss is Professor of Law and J. Philip Johnson Faculty Fellow at the University of North Dakota School of Law, where he joined the faculty in 2010 and served as the Dean from 2019 to 2022. He chairs the executive committee for the Federalist Society's Practice Group on Professional Responsibility and Legal Education.
Before entering the legal academy, Professor McGinniss served for twelve years as a Disciplinary Counsel for the Supreme Court of Delaware. He currently teaches courses on Professional Responsibility, Advanced Legal Ethics, Civil Procedure, and Federal Courts. He also serves as Faculty Advisor for the North Dakota Law Review and the UND Law Federalist Society student chapter.
Professor McGinniss’ research and scholarship interests are wide-ranging and include lawyer and judicial ethics, lawyer discipline and regulation of the profession, constitutional law (especially First Amendment, separation of powers, and federalism), and cultural challenges faced by conservatives in the law schools and the legal profession. His most recent law review article, Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct, was published in the Federalist Society Review. His article Expressing Conscience with Candor: Saint Thomas More and First Freedoms in the Legal Profession, was published in the Harvard Journal of Law & Public Policy.
Professor McGinniss has spoken to Federalist Society lawyer and student chapters across the country about judicial independence and ethics, especially relating to the federal courts and the United States Supreme Court Justices. In addition, he has spoken to several chapters about rising challenges to ideological diversity and targeting of conservative viewpoints in law schools and the legal profession. Although he is very pleased to speak on these and many other topics that may be of interest to lawyer and student chapters, in 2026-2027, he has particular interest in speaking on the topic “Lawyer Discipline as Political ‘Resistance’: Separation of Powers, Federalism, and the Rule of Law,” concerning his work-in-progress on the weaponization of professional disciplinary processes against conservative lawyers for political and ideological purposes.
Commissioner, U.S. Equal Employment Opportunity Commission
Founder, Chairman, and CEO, Louis D. Brandeis Center for Human Rights Under Law
Hon. Kenneth L. Marcus is an internationally recognized expert in civil and human rights, as well as a leader in the fight against anti-Semitism on and off university campuses. He is the Founder, Chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law, the leading civil rights legal organization fighting against anti-Semitism. The New York Times has called him “The Man Who Helped Redefine Campus Anti-Semitism.” He been described, in that paper, as “the single most effective and respected force” to combat anti-Semitism.
During his public service career, Marcus served as Assistant U.S. Secretary of Education for Civil Rights; Staff Director at the U.S. Commission on Civil Rights; and General Deputy Assistant U.S. Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity.
In academia, he serves as Professorial Lecturer in Law at George Washington University. He formerly held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York’s Bernard M. Baruch College, served as Visiting Research Professor of Political Science at Yeshiva University, and was a Board of Visitors member George Mason University and Distinguished Senior Fellow at that university’s law school. He is a member of the editorial board of the Journal of Contemporary Antisemitism and previously served as Associate Editor of the Journal for the Study of Anti-Semitism.
Marcus is also author of The Definition of Anti-Semitism (Oxford University Press) and Jewish Identity and Civil Rights in America (Cambridge University Press). He has published widely in academic journals as well as in more popular venues such as The Wall Street Journal, Washington Post, Newsweek, USA Today, and Politico. He is a graduate of Williams College and the University of California at Berkeley School of Law.
Earlier in his career, he was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He also serves as Chairman emeritus of the Executive Committee of the Federalist Society for Law & Public Policy Civil Rights Practice Group.
Assistant Secretary for Fair Housing and Equal Opportunity, United States Department of Housing and Urban Development
Craig Trainor is Assistant Secretary for Fair Housing and Equal Opportunity at the United States Department of Housing and Urban Development. President Trump nominated Mr. Trainor for this position on February 11, 2025, and the United States Senate confirmed him on October 7, 2025.
A “Day One” Trump-Vance Administration official, he previously served as Acting Assistant Secretary for Civil Rights and Principal Deputy Assistant Secretary for Civil Rights at the United States Department of Education, where he spearheaded the Department’s efforts to reorient America’s civil rights regime from an unjust spoils system to one that protects the rights of all Americans. Mr. Trainor’s February 14, 2025, “Dear Colleague” letter is widely considered the Trump Administration’s blueprint for enforcing civil rights laws and restoring the Constitution’s promise of equal protection.
Prior to serving in the Trump-Vance Administration, he was Senior Special Counsel with the United States House of Representatives Committee on the Judiciary under Chairman Jim Jordan (R-OH), and Senior Litigation Counsel with the America First Policy Institute under the Honorable Pam Bondi.
For over ten years, Mr. Trainor was a criminal defense and civil rights lawyer in New York City, litigating cases in New York state court and the United States District Court for the Southern and Eastern Districts of New York.
Prior to founding his law practice, he served as a New York City prosecutor, an associate attorney at a white collar criminal defense firm, and a law clerk to Chief Judge Frederick J. Scullin, Jr., United States District Court for the Northern District of New York.
Assistant Secretary for Civil Rights, U.S. Department of Agriculture
Devon Westhill is the Assistant Secretary for Civil Rights at the U.S. Department of Agriculture. The U.S. Senate confirmed President Donald Trump’s nomination of Westhill on October 7, 2025.
Westhill returns to the USDA where he previously headed the civil rights office as Deputy Assistant Secretary in President Trump’s first term. His previous government appointments also include service at the U.S. Department of Labor, liaison to the Administrative Conference of the U.S., and liaison to the White House Initiative on Historically Black Colleges and Universities. Prior to returning to government service, Westhill was President and General Counsel of a nonprofit civil rights organization.
Westhill has testified on civil rights matters before Congress, federal agencies, and as an expert witness in federal court. He has spoken hundreds of times at college campuses, conferences, and on radio and TV programs, and he is frequently quoted in print publications, and his writing has appeared in numerous national outlets. A U.S. Navy veteran, Westhill earned his BA from the University of North Carolina at Chapel Hill and his JD from the University of Florida.
Dwight D. Opperman Professor of Law; Director, Center for Labor, New York University School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Prof. Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Prof. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Shareholder, Ogletree Deakins
Brian Hayes is a Shareholder in the Washington, DC office of Ogletree Deakins and serves as Co-Chair of the law firm’s Traditional Labor Practice Group. Immediately prior to his joining the firm he was a Member of the National Labor Relations Board. He was confirmed to that post by the United States Senate in 2010 and his term ended in December of 2012. He is currently a Member of the U.S. Chamber of Commerce Litigation Advisory Committee and was recently named Chairman of the U.S. Chamber’s Subcommittee on the National Labor Relations Act. He also serves as editor in chief for The Practical NLRB Advisor.
Prior to his nomination and confirmation to the NLRB, Brian Hayes served as the Republican Labor Policy Director for the United States Senate Committee on Health, Education, Labor and Pensions. He came to Capitol Hill in 2005 after nearly thirty years in private legal practice devoted exclusively to representing management clients in labor and employment matters. While in private practice he represented clients in scores of cases before NLRB, state and federal courts, and a host of other federal agencies such as the EEOC, OFCCP, OSHA, the Department of Labor and their state counterparts. He also has had extensive private practice experience representing employers in collective-bargaining negotiations, arbitrations and other forms of dispute resolution. In addition to his private practice, he served as Counsel to the Employers’ Association of the Northeast, editor-in-chief and contributor to The Health Care Labor Manual, and also served on the adjunct faculty of Western New England Law School teaching courses in labor law, and collective-bargaining, arbitration and employment litigation. Before entering private practice he began his legal career at the NLRB working as a law clerk to the Chief Administrative Law Judge while in law school and subsequently as counsel to the then-Board Chairman. He is a graduate of Boston College and of Georgetown University Law School.
Principal, JacksonLewis
Marvin Kaplan is a principal in the New York City, New York, office of Jackson Lewis P.C.
Marvin, a former Chairman of the National Labor Relations Board (NLRB), advises clients on labor and employment issues, focusing on union organizing and labor-management relations. Over his eight years on the NLRB, Marvin participated in over 900 decisions, including decisions addressing the lawfulness of captive audience speeches and work rules, and the standards for determining the composition of a bargaining unit and whether an individual is an independent contractor, and several rulemakings, defining a joint-employer and laying out procedures governing representation elections.
Prior to his time on the NLRB, he served as Chief Counsel at the Occupational Safety and Health Review Commission and a Special Assistant at U.S. Department of Labor. His cross-disciplinary experience makes Marvin particularly well-suited to advise clients on strategic business planning.
His experience at all levels of government in different agencies and branches, including the U.S. House of Representatives, provides a unique perspective on Congressional oversight, legislation, regulations and federal investigations—enabling him to help clients navigate complex compliance challenges and anticipate regulatory developments that could impact their organizations.
He is a graduate of Cornell University and Washington University in St. Louis Law School.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Policy Analyst, Cicero Institute
Tanner contributes to Cicero’s research efforts, focusing on regulation, workforce, public safety, and healthcare. He excels in writing op-eds, drafting white papers, model legislation, and conducting in-depth research reports. Prior to Cicero, Tanner founded Downballot Solutions, successfully managing local political campaigns across seven states. Inspired by Cicero’s core values of accountability, transparency, and liberty, Tanner finds purpose in his work aligned with these principles. He is motivated by his colleagues and holds a strong track record in politics and policy, winning 94% of elections with Downballot Solutions. A native of Edina, MN, Tanner went on to study political philosophy, economics, and classics at Dartmouth. He now resides in Austin, TX, where he pursues his passion for competitive powerlifting, holding numerous records and achievements at both state and national levels.
Chief Legal Officer and Policy Director, Cicero Institute
Jonathan Wolfson is the Chief Legal Officer and Policy Director at the Cicero Institute. Before joining Cicero, he led the Policy Office at the U.S. Department of Labor where he managed DOL's deregulatory efforts and oversaw DOL's internal policy development think tank. He previously was a litigator and regulatory attorney at an international law firm representing clients before state and federal courts across the country. Following law school he served as a law clerk to The Honorable Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit. Before law school, Jonathan was a policy analyst at the White House Council of Economic Advisers.
Jonathan received an A.B. in Economics from Washington University in St. Louis and a J.D. from the University of Virginia School of Law, where he was an Olin Law and Economic Fellow and won the John M. Olin Prize for best original law and economics research.
Former Deputy Attorney General for Virginia
Kennerly Davis has over forty years of experience in corporate management, public service, and the private practice of law. He has held senior executive positions in a Fortune 500 electric and gas company. He has served as Deputy Attorney General for the Commonwealth of Virginia, and as a legislative aide to a U.S. Senator and a U.S. Congressman. He practiced law for 25 years with Hunton Andrews Kurth LLP.
Davis is active in the Federalist Society as a member of the Regulatory Process Working Group of the Regulatory Transparency Project, and as a member of the Execuitve Committee of the Administrative Law and Regulation Practice Group. He is active in the national Alumni Free Speech Alliance, and involved in AFSA-chapter initiatives, including litigation, to publicize and correct the serious legal problems created by university Diversity, Equity, and Inclusion programs and the anonymous bias reporting systems used to enforce those DEI programs.
Davis writes and speaks on a wide variety of topics, including those related to the Founding of America, the natural rights foundation of our Republic, the constitutional rule of law, equal protection and free speech, DEI programs and bias reporting systems, capitalism, regulation and regulatory reform, and economic development. His articles have appeared in The Wall Street Journal, the Washington Examiner, the Richmond Times-Dispatch, The Federalist Society Review, the FedSoc Blog, Real Clear Energy, Townhall, the Daily Caller, reports of the Center for Strategic & International Studies, and other publications. He appears frequently on radio, podcasts, and television.
Davis graduated with honors from Cornell University with an A.B. degree in Government. He earned an M.A. degree from Pembroke College, Oxford, in Philosophy, Politics, and Economics. He was awarded a J.D. degree from Harvard Law School, and an M.B.A. degree from Virginia Commonwealth University.
Davis lives in Richmond, Virginia. He can be contacted by email: j.kendavis@verizon.net, and by phone: (804) 624-8525.
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.
Founder & CEO, Norm AI
John Nay is the founder of Norm Ai after a decade of research at the intersection of AI & Law, most recently at Stanford. He was also the founding CEO of Brooklyn Investment Group, an AI-powered investment software platform and SEC Registered Investment Adviser, where he is now Chairman.
Segal Family Professor of Regulatory Law and Policy, New York University School of Law
Catherine Sharkey is the Segal Family Professor of Regulatory Law and Policy at NYU School of Law. She is a leading authority on torts, products liability, artificial intelligence in federal administrative agencies, public nuisance, punitive damages, and federal preemption of state tort law. She is a Senior Fellow of the Administrative Conference of the United States (ACUS), a member of its Roundtable on Artificial Intelligence in Federal Agencies, author of Algorithmic Tools in Retrospective Review (2023) and co-author of Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies (2020). Sharkey is co-author of Cases and Materials on Torts (13th edition, 2024) and Business, Defamation, and Privacy Torts (1st ed., forthcoming 2025), and co-editor of Foundations of Tort Law (2nd edition, 2009). She is an elected member of the American Law Institute and an adviser to the Restatement Third, Torts: Liability for Economic Harm and Restatement Third, Torts: Remedies projects.
Former Deputy Attorney General for Virginia
Kennerly Davis has over forty years of experience in corporate management, public service, and the private practice of law. He has held senior executive positions in a Fortune 500 electric and gas company. He has served as Deputy Attorney General for the Commonwealth of Virginia, and as a legislative aide to a U.S. Senator and a U.S. Congressman. He practiced law for 25 years with Hunton Andrews Kurth LLP.
Davis is active in the Federalist Society as a member of the Regulatory Process Working Group of the Regulatory Transparency Project, and as a member of the Execuitve Committee of the Administrative Law and Regulation Practice Group. He is active in the national Alumni Free Speech Alliance, and involved in AFSA-chapter initiatives, including litigation, to publicize and correct the serious legal problems created by university Diversity, Equity, and Inclusion programs and the anonymous bias reporting systems used to enforce those DEI programs.
Davis writes and speaks on a wide variety of topics, including those related to the Founding of America, the natural rights foundation of our Republic, the constitutional rule of law, equal protection and free speech, DEI programs and bias reporting systems, capitalism, regulation and regulatory reform, and economic development. His articles have appeared in The Wall Street Journal, the Washington Examiner, the Richmond Times-Dispatch, The Federalist Society Review, the FedSoc Blog, Real Clear Energy, Townhall, the Daily Caller, reports of the Center for Strategic & International Studies, and other publications. He appears frequently on radio, podcasts, and television.
Davis graduated with honors from Cornell University with an A.B. degree in Government. He earned an M.A. degree from Pembroke College, Oxford, in Philosophy, Politics, and Economics. He was awarded a J.D. degree from Harvard Law School, and an M.B.A. degree from Virginia Commonwealth University.
Davis lives in Richmond, Virginia. He can be contacted by email: j.kendavis@verizon.net, and by phone: (804) 624-8525.
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.
Founder & CEO, Norm AI
John Nay is the founder of Norm Ai after a decade of research at the intersection of AI & Law, most recently at Stanford. He was also the founding CEO of Brooklyn Investment Group, an AI-powered investment software platform and SEC Registered Investment Adviser, where he is now Chairman.
Segal Family Professor of Regulatory Law and Policy, New York University School of Law
Catherine Sharkey is the Segal Family Professor of Regulatory Law and Policy at NYU School of Law. She is a leading authority on torts, products liability, artificial intelligence in federal administrative agencies, public nuisance, punitive damages, and federal preemption of state tort law. She is a Senior Fellow of the Administrative Conference of the United States (ACUS), a member of its Roundtable on Artificial Intelligence in Federal Agencies, author of Algorithmic Tools in Retrospective Review (2023) and co-author of Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies (2020). Sharkey is co-author of Cases and Materials on Torts (13th edition, 2024) and Business, Defamation, and Privacy Torts (1st ed., forthcoming 2025), and co-editor of Foundations of Tort Law (2nd edition, 2009). She is an elected member of the American Law Institute and an adviser to the Restatement Third, Torts: Liability for Economic Harm and Restatement Third, Torts: Remedies projects.
Associate Professor, UNH Franklin Pierce School of Law
Zvi S. Rosen is an Associate Professor at UNH Franklin Pierce School of Law and the Faculty Director of the Franklin Pierce Society for Intellectual Property. He has served as a Assistant Professor at the Southern Illinois University School of Law, as a Visiting Assistant Professor at the Maurice A. Deane School of Law at Hofstra University, and as a Visiting Scholar and Professorial Lecturer in Law at George Washington University School of Law.
In 2015-2016, he was the Abraham L. Kaminstein Scholar in Residence at the U.S. Copyright Office. Mr. Rosen received his J.D. from Northwestern University School of Law in 2005 and LLM in Intellectual Property in 2006 from the George Washington University Law School. He has practiced at Fried, Frank, Harris, Shriver & Jacobson LLP as well as smaller firms and his own practice, and clerked for the Hon. Thomas B. Bennett of the U.S. Bankruptcy Court for the Northern District of Alabama. He has written extensively on the development of modern copyright and trademark law, as well as on bankruptcy law.
Coleman P. Burke Chair in Environmental Law, School of Law, Case Western Reserve University
Victor B. Flatt is the Coleman P. Burke Chair in Environmental Law and the Associate Director of the Burke Center for Environmental Law at Case Western University School of Law. He also holds an appointment as an Energy Fellow UH Energy at the University of Houston.
Professor Flatt is a recognized expert on environmental law, climate law and energy law, and the intersection of these areas. Since 2019, he has created and taught the first law school courses in the country concerning how law relates to sustainability planning and ESG policies in corporations, offering the courses at UHLC, Vermont Law School and Case Western University School of Law.
His research focuses on environmental legislation and enforcement, with particular expertise in the Clean Air Act, NEPA and Climate. He is co-author of a popular environmental law casebook, and has authored more than 50 law review articles, which have appeared in journals such as the Notre Dame Law Review, Ecology Law Quarterly, The Ohio State Law Journal, Washington Law Review, Houston Law Review and the Carolina Law Review. Seven of his articles have been recognized as finalists or winner of the best environmental law review article of the year, and one was recognized by Vanderbilt University Law School and the Environmental Law Institute as one of the three best environmental articles of 2010, leading to a seminar and panel on the article in a congressional staff briefing.
He has been a Visiting Law Professor at the University of Georgia Law School, the University of Washington Law School and Seattle University School of Law. He has been honored as a Distinguished Environmental Scholar in Residence at Vermont Law School, Pace Law School (Elisabeth Haub Distinguished Scholar) and Widener University Delaware Law School. He was previously the inaugural O’Quinn Chair in Environmental Law at UHLC from 2002-2009, and the Dwight Olds Chair in Law at UHLC from 2017-2023. Professor Flatt was also the inaugural Taft Distinguished Professor in Environmental Law and the Director of the Center for Climate, Energy, Environment, and Economics (CE3) at UNC Chapel Hill School of Law.
Professor Flatt has served on the AALS committees on Natural Resources and Environmental Law and was chair of the AALS Teaching Methods Section. He has served on many other board and committees in his career, including the national board of Lambda Legal and the Law School Admission Council’s Gay and Lesbian Interests section.
Professor Flatt received his B.A. in Chemistry and Math from Vanderbilt University where he was a Harold Stirling Vanderbilt Scholar, and his J.D. from Northwestern University, where he was a John Henry Wigmore Scholar. After graduating from Northwestern, Professor Flatt clerked for the Honorable Danny J. Boggs of the United States Sixth Circuit Court of Appeals.
Legal Director and Securities Specialist, Better Markets
Mr. Hall has been with Better Markets since its founding more than 10 years ago, and he serves as its Legal Director and Securities Specialist. His background includes extensive experience in securities and commodities regulation acquired through positions in the Federal government, private practice, and the nonprofit sector.
Mr. Hall oversees a highly accomplished legal team that files amicus briefs in important cases involving financial regulation; initiates litigation or intervenes in cases when necessary to advance the public interest; issues special reports on specific topics surrounding the law and financial regulation; and provides regulatory analysis in the areas of banking, securities, and consumer protection. And his team supports the work of other staff members at Better Markets as they fight for the public interest before the regulatory agencies.
Mr. Hall is one of Better Markets’ most prolific authors, having written or co-written more than 100 comment letters, reports and legal briefs in his nearly decade-long fight for the public interest at the organization.
A sought-after expert for his legal and regulatory expertise, Mr. Hall has testified before Congress and currently serves on the Commission on Sanctions and Fitness of the Certified Financial Planner Board of Standards.
Prior to joining Better Markets in early 2011, Mr. Hall served as Senior Counsel to the Committee on Financial Services of the U.S. House of Representatives. During the Conference leading to passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Mr. Hall worked on the titles dealing with securities and derivatives. He also handled other legislative initiatives relating to securities, including corporate governance, limited offering exemptions, the Freedom of Information Act, and the Securities Investor Protection Act.
From 2001 through 2009, Mr. Hall served as counsel to the North American Securities Administrators Association Inc. (NASAA), the association of state securities regulators. He supported all aspects of NASAA’s mission, including regulatory analysis, appellate advocacy, and enforcement. His written work included over 15 amicus briefs addressing a wide range of investor protection issues arising under State and Federal securities law, including four briefs filed in the U.S. Supreme Court. He also advised NASAA on corporate governance and transactional matters.
Mr. Hall began his legal career at the Commodity Futures Trading Commission, where he became Senior Trial Attorney and Associate Director of Enforcement. At the CFTC, he specialized in bringing injunctive actions in federal court against fraudulent commodity sales operations. And for almost a decade in private practice, he handled a wide range of civil litigation matters as well as transactional work in commercial real estate.
Mr. Hall is a graduate of the University of Michigan, and he received his law degree from Georgetown University.
Policy Fellow, Regulatory Policy, Americans for Prosperity Foundation
Marc Marie is a fellow for regulatory policy at Americans for Prosperity, where he focuses on energy, land use, and the administrative state. Before joining Americans for Prosperity, Marc advised early-stage energy companies on regulatory strategy. His government service includes senior counsel at the Department of Justice, Environment and Natural Resources Division; acting deputy solicitor at the Department of the Interior; and counsel to Sen. Mike Lee on the Senate Judiciary Committee, Antitrust Subcommittee.
He holds a Juris Doctor from the University of Maryland and a bachelor's degree from Kenyon College.
Partner, Boyden Gray PLLC
Trent McCotter is a partner with Boyden Gray PLLC. He previously served as Deputy Associate Attorney General of the United States and as an Assistant U.S. Attorney.
Mr. McCotter maintains an extensive appellate practice. He has considerable experience identifying and briefing cases that draw the Supreme Court’s attention, having persuaded the Court to grant certiorari in numerous cases raising issues of sovereignty, constitutional rights, due process, and criminal law. He has authored and submitted over 60 briefs at the Court.
He has also personally argued more than fifteen federal appeals across the Second, Fourth, Fifth, Sixth, Ninth, Eleventh, Federal, and D.C. Circuits—including once arguing three separate appeals in just four days. He has also twice argued before the 17-judge en banc Fifth Circuit. He has been counsel in over 50 other appeals raising matters from FOIA and the APA to constitutional rights and statutory construction.
As Deputy Associate Attorney General, Mr. McCotter oversaw DOJ’s Civil Appellate and Federal Programs branches, which are responsible for defending nearly all major litigation against the federal government. During his three years as a federal trial attorney in the Eastern District of Virginia’s “Rocket Docket,” Mr. McCotter won the Attorney General’s Award for Distinguished Service.
During his DOJ tenures, Mr. McCotter also assisted with the confirmations of two Supreme Court justices and over a dozen lower-court judges.
Mr. McCotter served as an inaugural clerk to the Hon. Steven J. Menashi on the U.S. Court of Appeals for the Second Circuit and also clerked for the Hon. R. Lanier Anderson III on the U.S. Court of Appeals for the Eleventh Circuit.