Title VI, College Admissions, and Public Opinion
A Regulatory Transparency Project Webinar
With the Supreme Court about to hear two cases involving the use of race in...
The Regulatory Transparency Project was a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies.
Linda L. Chavez, Theodore Johnson, Althea Nagai
A Regulatory Transparency Project Webinar
With the Supreme Court about to hear two cases involving the use of race in...
Braden H. Boucek, David A. Carrillo, Luke A. Wake, John C. Yoo
A Regulatory Transparency Project Webinar
Are state governors subject to the same separation of powers restrictions as the federal president?...
Braden H. Boucek, David A. Carrillo, Luke A. Wake, John C. Yoo
A Regulatory Transparency Project Webinar
Are state governors subject to the same separation of powers restrictions as the federal president?...
Theodore Johnson, Althea Nagai, Linda L. Chavez
Regulatory Transparency Project's Fourth Branch Podcast
With the Supreme Court about to hear two cases involving the use of race in...
William Funk, Karen Harned, Jonah R. Hecht
A Regulatory Transparency Project Webinar
In January 2021, the Department of Health and Human Services (“HHS”) finalized its SUNSET Rule. Section...
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.
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.
Chairman, Center for Equal Opportunity
Linda Chavez is Chairman of the Center for Equal Opportunity. She has published opinions and columns in newspapers across the country and appears regularly on cable news. Chavez is the author of the three books: Out of the Barrio: Toward a New Politics of Hispanic Assimilation, An Unlikely Conservative: The Transformation of an Ex-Liberal, and Betrayal: How Union Bosses Shake Down Their Members and Corrupt American Politics. She has been honored by the Library of Congress as a "Living Legend" and as nominee for Secretary of Labor by President George W. Bush.
Chavez has held many appointed positions and has served on numerous corporate and nonprofit boards. Among her appointed positions has been Chairman, National Commission on Migrant Education (1988-1992); White House Director of Public Liaison (1985); Staff Director of the U.S. Commission on Civil Rights (1983-1985); and member of the Administrative Conference of the United States (1984-1986). Chavez was also the Republican nominee for U.S. Senator from Maryland in 1986 and was elected by the United Nations' Human Rights Commission to serve a four-year term as U.S. Expert to the U.N. Sub-commission on the Prevention of Discrimination and Protection of Minorities.
Chavez earned her BA from the University of Colorado.
Director, Fellows Program, Brennan Center for Justice
Theodore (Ted) R. Johnson is the director of the Fellows Program at the Brennan Center for Justice. His work explores the role that race plays in electoral politics, issue framing, and disparities in policy outcomes. Previously, he was a national fellow at New America and a research manager at Deloitte. He is also a retired commander in the U.S. Navy following a two-decade career that included service as a White House fellow, military professor at the U.S. Naval War College, and speechwriter to the chairman of the Joint Chiefs of Staff.
His work has appeared in the Washington Post, Atlantic, New York Times Magazine, Wall Street Journal, National Review, and Politico, among other publications. He teaches law and public policy to master’s and doctoral students. His debut book, When the Stars Begin to Fall: Overcoming Racism and Renewing the Promise of America, outlines a path toward a multiracial national solidarity to finally overcome the existential threat of racism in the United States. It was published by Atlantic Monthly Press in June 2021. He also writes a column for The Bulwark, which highlights relevant academic research on how race continues to operate in America.
Johnson holds a BS in mathematics from Hampton University, an ALM with a concentration in international relations from Harvard University, and a doctorate of law and policy from Northeastern University.
Senior Research Fellow, Center for Equal Opportunity
In D.C. area for over 20 years, Althea Nagai, Ph.D., is a research fellow at the Center for Equal Opportunity. She has conducted numerous statistical analyses on racial and ethnic preferences in higher education, including racial and ethnic preferences in undergraduate education at five public universities in Virginia, the University of Michigan, two Arizona universities, the University of Wisconsin-Madison, two Ohio universities, and various law and medical schools. In addition, she has written two essays for CEO focusing on Asian Americans, “Too Many Asian Americans,” and “Harvard Investigates Harvard.”
She has also has done work on other statistical studies in the field of social policy. Her first study was a content analysis and critique of the national history standards with John Fonte and Lynne Cheney. She has also conducted studies on marriage, religion, and family structure; on adolescent risk behavior; on philanthropy and social change; and on American elites (American Elites, with Robert Lerner and Stanley Rothman, 1996 Yale University Press).
U.S. Attorney, Middle District of Tennessee, U.S. Department of Justice
Braden Boucek was sworn in on December 24, 2025, as the United States Attorney for the Middle District of Tennessee. Prior to becoming United States Attorney, Mr. Boucek served as the senior vice president of litigation at the Southeastern Legal Foundation having previously served as the vice president of legal affairs at the Beacon Center. Mr. Boucek has extensive experience as a prosecutor, starting his career at the Tennessee Attorney General’s Office before serving for two years as an Assistant District Attorney General in Williamson County. He was a federal prosecutor for ten years, first serving as an Assistant United States Attorney in the Western District of Tennessee from 2005 to 2011. From 2011 to 2015, Mr. Boucek was an Assistant United States Attorney in the Middle District of Tennessee, the district he now leads as the United States Attorney.
Lecturer in Residence and Executive Director, California Constitution Center, University of California, Berkeley, School of Law
David A. Carrillo received his doctorate from Berkeley Law before joining the faculty as a lecturer in residence and the founding executive director of the California Constitution Center in 2012. The center is devoted to developing scholarship concerning the California constitution and the California Supreme Court. Dr. Carrillo coauthored a casebook on California constitutional law, teaches courses on the California constitution and the California Supreme Court, publishes articles on those subjects, and is editor-in-chief of SCOCAblog.com, a blog about the state high court.
Before starting his academic career Dr. Carrillo was in active practice for 16 years, as a Deputy Attorney General with the California Department of Justice, as a Deputy City Attorney in San Francisco, as a Deputy District Attorney in Contra Costa County, and as a commercial litigation associate in private practice. A member of the California bar since 1995, Dr. Carrillo is admitted to practice before the Supreme Court of the United States, the Ninth Circuit Court of Appeals, and the Northern, Southern, Central, and Eastern District Courts of California.
In October 2019, California Governor Gavin Newsom appointed Dr. Carrillo to a four-year term on the California Law Revision Commission, where he is serving as the 2021-22 vice-chair. He also serves on the board of the Constitutional Rights Foundation and chairs the Citrin Center advisory board. His past charitable and professional board service includes: the Bar Association of San Francisco; the California Bar Foundation; the National Advisory Council of the Institute of Governmental Studies; the Foundation for Democracy and Justice; the State Bar Committee on Appellate Courts; the Justice and Diversity Center of the Bar Association of San Francisco; the Volunteer Legal Services Corporation in Alameda County; and the Berkeley Law Alumni Association. Dr. Carrillo chaired the judicial appointments committee of the Alameda County Bar Association, and served on the State Bar Commission on Judicial Nominees Evaluation and the Committee of Bar Examiners, as well as San Francisco and Alameda bar association committees on judicial appointments. He is a life member of the La Raza Lawyers Association (San Francisco and East Bay) and the Hispanic National Bar Association.
Attorney, Pacific Legal Foundation
Luke A. Wake is an attorney at the Pacific Legal Foundation. Prior to joining PLF, he was a senior staff attorney at the NFIB Small Business Legal Center.
Wake has particular expertise on environmental and land use issues, and has worked on numerous other constitutional issues and matters of importance to small business owners. He is an ardent defender of private property rights, which he believes are essential to the free enterprise system and the foundation of American liberty. As a strong advocate of individual rights and economic liberties, he has built his career defending small business interests.
Wake has focused on a whole host of issues, from employment law matters to regulatory compliance. In addition to serving as a resource for small business owners, Wake is committed to ensuring that the voice of small business is heard in the nation’s courts. As an appellate practitioner, Wake has focused particularly on informing the courts on matters of administrative law and on issues under the Fifth Amendment’s Takings Clause. He is also working to advance small business interests in law review articles, and was recently published in the Berkeley Journal of Law & Ecology. See R.S. Radford & Luke A. Wake, Deciphering and Extrapolating: Searching for Sense in Penn Central, 38 Ecology L.Q. 731, 746-747 (2011).
Before joining the Legal Center’s team, Wake completed a prestigious two-year fellowship as an attorney in the Pacific Legal Foundation’s College of Public Interest Law. Wake is a graduate of Case Western Reserve University School of Law in Cleveland Ohio, and is a member of the California Bar. He completed his undergraduate studies at Elon University in North Carolina in 2006 where he focused on political theory and corporate communications.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Thomas Smith Senior Research Fellow, The Civitas Institute, University of Texas at Austin
John Yoo is the Emanuel Heller Professor of Law at the University of California at Berkeley. He is also the Thomas Smith Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War; Point of Attack: Preventive War, International Law, and Global Welfare; and Crisis and Command: A History of Executive Power from George Washington to George Bush.
He is a co-author of volumes 1 and 2 of R. Rossum, G. Tarr, V. Munoz & J. Yoo American Constitution Law (Routledge, 2026), and a co-editor of the eight-volume series on the 250th anniversary of the American Revolution, We Hold These Truths, with Yuval Levin and Adam White of the American Enterprise Institute.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at the University of Texas at Austin’s School of Civic Leadership, Seoul National University, the Interdisciplinary Center Herzliya, Keio University, Trento University, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of Founding Forward, the Washington Legal Foundation, the Pacific Legal Foundation, the Ulysses Grant Institute, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and the Heritage Foundation’s Edwin Meese III Originalism Lectureship.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
U.S. Attorney, Middle District of Tennessee, U.S. Department of Justice
Braden Boucek was sworn in on December 24, 2025, as the United States Attorney for the Middle District of Tennessee. Prior to becoming United States Attorney, Mr. Boucek served as the senior vice president of litigation at the Southeastern Legal Foundation having previously served as the vice president of legal affairs at the Beacon Center. Mr. Boucek has extensive experience as a prosecutor, starting his career at the Tennessee Attorney General’s Office before serving for two years as an Assistant District Attorney General in Williamson County. He was a federal prosecutor for ten years, first serving as an Assistant United States Attorney in the Western District of Tennessee from 2005 to 2011. From 2011 to 2015, Mr. Boucek was an Assistant United States Attorney in the Middle District of Tennessee, the district he now leads as the United States Attorney.
Lecturer in Residence and Executive Director, California Constitution Center, University of California, Berkeley, School of Law
David A. Carrillo received his doctorate from Berkeley Law before joining the faculty as a lecturer in residence and the founding executive director of the California Constitution Center in 2012. The center is devoted to developing scholarship concerning the California constitution and the California Supreme Court. Dr. Carrillo coauthored a casebook on California constitutional law, teaches courses on the California constitution and the California Supreme Court, publishes articles on those subjects, and is editor-in-chief of SCOCAblog.com, a blog about the state high court.
Before starting his academic career Dr. Carrillo was in active practice for 16 years, as a Deputy Attorney General with the California Department of Justice, as a Deputy City Attorney in San Francisco, as a Deputy District Attorney in Contra Costa County, and as a commercial litigation associate in private practice. A member of the California bar since 1995, Dr. Carrillo is admitted to practice before the Supreme Court of the United States, the Ninth Circuit Court of Appeals, and the Northern, Southern, Central, and Eastern District Courts of California.
In October 2019, California Governor Gavin Newsom appointed Dr. Carrillo to a four-year term on the California Law Revision Commission, where he is serving as the 2021-22 vice-chair. He also serves on the board of the Constitutional Rights Foundation and chairs the Citrin Center advisory board. His past charitable and professional board service includes: the Bar Association of San Francisco; the California Bar Foundation; the National Advisory Council of the Institute of Governmental Studies; the Foundation for Democracy and Justice; the State Bar Committee on Appellate Courts; the Justice and Diversity Center of the Bar Association of San Francisco; the Volunteer Legal Services Corporation in Alameda County; and the Berkeley Law Alumni Association. Dr. Carrillo chaired the judicial appointments committee of the Alameda County Bar Association, and served on the State Bar Commission on Judicial Nominees Evaluation and the Committee of Bar Examiners, as well as San Francisco and Alameda bar association committees on judicial appointments. He is a life member of the La Raza Lawyers Association (San Francisco and East Bay) and the Hispanic National Bar Association.
Attorney, Pacific Legal Foundation
Luke A. Wake is an attorney at the Pacific Legal Foundation. Prior to joining PLF, he was a senior staff attorney at the NFIB Small Business Legal Center.
Wake has particular expertise on environmental and land use issues, and has worked on numerous other constitutional issues and matters of importance to small business owners. He is an ardent defender of private property rights, which he believes are essential to the free enterprise system and the foundation of American liberty. As a strong advocate of individual rights and economic liberties, he has built his career defending small business interests.
Wake has focused on a whole host of issues, from employment law matters to regulatory compliance. In addition to serving as a resource for small business owners, Wake is committed to ensuring that the voice of small business is heard in the nation’s courts. As an appellate practitioner, Wake has focused particularly on informing the courts on matters of administrative law and on issues under the Fifth Amendment’s Takings Clause. He is also working to advance small business interests in law review articles, and was recently published in the Berkeley Journal of Law & Ecology. See R.S. Radford & Luke A. Wake, Deciphering and Extrapolating: Searching for Sense in Penn Central, 38 Ecology L.Q. 731, 746-747 (2011).
Before joining the Legal Center’s team, Wake completed a prestigious two-year fellowship as an attorney in the Pacific Legal Foundation’s College of Public Interest Law. Wake is a graduate of Case Western Reserve University School of Law in Cleveland Ohio, and is a member of the California Bar. He completed his undergraduate studies at Elon University in North Carolina in 2006 where he focused on political theory and corporate communications.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Thomas Smith Senior Research Fellow, The Civitas Institute, University of Texas at Austin
John Yoo is the Emanuel Heller Professor of Law at the University of California at Berkeley. He is also the Thomas Smith Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War; Point of Attack: Preventive War, International Law, and Global Welfare; and Crisis and Command: A History of Executive Power from George Washington to George Bush.
He is a co-author of volumes 1 and 2 of R. Rossum, G. Tarr, V. Munoz & J. Yoo American Constitution Law (Routledge, 2026), and a co-editor of the eight-volume series on the 250th anniversary of the American Revolution, We Hold These Truths, with Yuval Levin and Adam White of the American Enterprise Institute.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at the University of Texas at Austin’s School of Civic Leadership, Seoul National University, the Interdisciplinary Center Herzliya, Keio University, Trento University, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of Founding Forward, the Washington Legal Foundation, the Pacific Legal Foundation, the Ulysses Grant Institute, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and the Heritage Foundation’s Edwin Meese III Originalism Lectureship.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Director, Fellows Program, Brennan Center for Justice
Theodore (Ted) R. Johnson is the director of the Fellows Program at the Brennan Center for Justice. His work explores the role that race plays in electoral politics, issue framing, and disparities in policy outcomes. Previously, he was a national fellow at New America and a research manager at Deloitte. He is also a retired commander in the U.S. Navy following a two-decade career that included service as a White House fellow, military professor at the U.S. Naval War College, and speechwriter to the chairman of the Joint Chiefs of Staff.
His work has appeared in the Washington Post, Atlantic, New York Times Magazine, Wall Street Journal, National Review, and Politico, among other publications. He teaches law and public policy to master’s and doctoral students. His debut book, When the Stars Begin to Fall: Overcoming Racism and Renewing the Promise of America, outlines a path toward a multiracial national solidarity to finally overcome the existential threat of racism in the United States. It was published by Atlantic Monthly Press in June 2021. He also writes a column for The Bulwark, which highlights relevant academic research on how race continues to operate in America.
Johnson holds a BS in mathematics from Hampton University, an ALM with a concentration in international relations from Harvard University, and a doctorate of law and policy from Northeastern University.
Senior Research Fellow, Center for Equal Opportunity
In D.C. area for over 20 years, Althea Nagai, Ph.D., is a research fellow at the Center for Equal Opportunity. She has conducted numerous statistical analyses on racial and ethnic preferences in higher education, including racial and ethnic preferences in undergraduate education at five public universities in Virginia, the University of Michigan, two Arizona universities, the University of Wisconsin-Madison, two Ohio universities, and various law and medical schools. In addition, she has written two essays for CEO focusing on Asian Americans, “Too Many Asian Americans,” and “Harvard Investigates Harvard.”
She has also has done work on other statistical studies in the field of social policy. Her first study was a content analysis and critique of the national history standards with John Fonte and Lynne Cheney. She has also conducted studies on marriage, religion, and family structure; on adolescent risk behavior; on philanthropy and social change; and on American elites (American Elites, with Robert Lerner and Stanley Rothman, 1996 Yale University Press).
Chairman, Center for Equal Opportunity
Linda Chavez is Chairman of the Center for Equal Opportunity. She has published opinions and columns in newspapers across the country and appears regularly on cable news. Chavez is the author of the three books: Out of the Barrio: Toward a New Politics of Hispanic Assimilation, An Unlikely Conservative: The Transformation of an Ex-Liberal, and Betrayal: How Union Bosses Shake Down Their Members and Corrupt American Politics. She has been honored by the Library of Congress as a "Living Legend" and as nominee for Secretary of Labor by President George W. Bush.
Chavez has held many appointed positions and has served on numerous corporate and nonprofit boards. Among her appointed positions has been Chairman, National Commission on Migrant Education (1988-1992); White House Director of Public Liaison (1985); Staff Director of the U.S. Commission on Civil Rights (1983-1985); and member of the Administrative Conference of the United States (1984-1986). Chavez was also the Republican nominee for U.S. Senator from Maryland in 1986 and was elected by the United Nations' Human Rights Commission to serve a four-year term as U.S. Expert to the U.N. Sub-commission on the Prevention of Discrimination and Protection of Minorities.
Chavez earned her BA from the University of Colorado.
Lewis & Clark Distinguished Professor of Law Emeritus, Lewis & Clark Law School
Professor Funk is the author of American Constitutional Structure and a co-author of one of the leading administrative law casebooks, Administrative Procedure and Practice: Problems and Cases, as well as Administrative Law: Examples & Explanations and the Federal Administrative Procedure Sourcebook. Together with Professor Craig Johnston, Professor Funk is also a co-author of Legal Protection of the Environment, an environmental law casebook. In 2004-05, Funk was a Senior Fulbright Scholar at the University of Heidelberg, where he taught both American constitutional law and environmental law. Funk has published numerous articles on administrative and environmental issues, including in such publications as the Duke Law Journal, the Harvard Journal on Legislation, the Yale Journal on Regulation, the Administrative Law Review, and the U.C.L.A Journal of Environmental Law and Policy. He has chaired both the Administrative Law and Natural Resources Law Sections of the American Association of Law Schools. Funk is also active in the American Bar Association, where he recently served on the ABA’s President’s Task Force on Preemption of State Tort Law and where he is a Fellow of the Administrative Law and Regulatory Practice Section, which he formerly chaired and on whose Council he served. Professor Funk is also a Center for Progressive Reform Scholar, a member of the American Law Institute, and a Fellow of the American Bar Foundation. He has been admitted to practice in New York, the District of Columbia, and before the U.S. Supreme Court.
Before coming to the law school to teach, Professor Funk was an assistant general counsel at the U.S. Department of Energy and earned a special citation for exceptional performance from the Secretary of Energy. Prior to that Funk served as the principal staff member of the Legislation Subcommittee of the U.S. House of Representatives Permanent Select Committee on Intelligence, where he was instrumental in the drafting of the Foreign Intelligence Surveillance Act. Before joining the House Committee, Funk was a staff attorney in the Office of Legal Counsel of the U.S. Department of Justice, where he received a special commendation for outstanding service. Immediately after law school he clerked for Judge James Oakes of the U.S. Court of Appeals, Second Circuit.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.