Director, Center for American Freedom, America First Policy Institute
James Sherk was born in Ontario, Canada, and immigrated with his family to Midland, Michigan while in middle school. He serves as AFPI’s Director of the Center for American Freedom. Sherk previously served as Special Assistant to the President for Domestic Policy on the White House Domestic Policy Council under President Donald Trump. James served as the Administration’s top civil service reform and labor policy advisor from 2017 to 2021. At the White House, he was the principal author of and/or policy lead for approximately two dozen executive orders and presidential memoranda. Sherk also served as a member of the President’s Council on Improving Federal Civic Architecture. Prior to his White House service, Sherk was a Research Fellow at the Heritage Foundation, where he was a nationally recognized expert on the civil service and labor policy. Sherk received a Bachelor of Science in Mathematics and Economics from Hillsdale College and an Master of Arts in Economics from the University of Rochester. Sherk and his wife, Jill, live in Northern Virginia with three beloved children who teach their parents to ponder inscrutable questions like “how much drawing can go on the walls before we have to repaint them?”
Vice President for Litigation & General Counsel, Goldwater Institute
Jon Riches is the Vice President for Litigation for the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation and General Counsel for the Institute. He litigates in federal and state trial and appellate courts in the areas of economic liberty, regulatory reform, free speech, taxpayer protections, public labor issues, government transparency, and school choice, among others.
Jon has developed and authored several pieces of legislation, including the landmark Right to Earn a Living Act, which provides some of the greatest protections in the country to job-seekers and entrepreneurs facing arbitrary licensing regulations. He also developed legislation eliminating deference to administrative agencies in Arizona—a first-of-its-kind regulatory reform that can serve as a model for the rest of the country.
His work at the Institute has been covered by national media, including the Wall Street Journal, New York Times, CBS This Morning, Bloomberg News, and Politico. Jon is also a member of the Federalist Society’s Regulatory Transparency Project: State and Local Working Group.
Prior to joining the Goldwater Institute, Jon served on active duty in the U.S. Navy Judge Advocate General’s (JAG) Corps. While on active duty, Jon represented hundreds of clients, litigated dozens of court-martial cases, and advised commanders on a vast array of legal issues.
He previously clerked for Sen. Jon Kyl on the U.S. Senate Judiciary Committee, worked for the Rules Committee in the Arizona State Senate, and clerked in the Office of Counsel to the President at the White House. Jon received his B.A. from Boston College, where he graduated magna cum laude and Phi Beta Kappa. He earned his J.D. from the University of Arizona, James E. Rogers College of Law.
Jon served as a presidentially appointed Panel Member on the Federal Service Impasses Panel. He is an officer in the U.S. Navy Reserve and an Adjunct Professor at Arizona State University School of Law. Jon is a native of Phoenix.
Senior Fellow, Independent Institute
Dr. Stephen P. Halbrook is a Senior Fellow at the Independent Institute. He has taught legal and political philosophy at George Mason University, Howard University, and Tuskegee Institute, and he received his J.D. from the Georgetown University Law Center and Ph.D. in social philosophy from Florida State University.
The winner of three cases before the U.S. Supreme Court (Printz v. United States, United States v. Thompson/Center Arms Company, and Castillo v. United States), he has testified before the Subcommittee on the Constitution of the Senate Judiciary Committee, Senate Subcommittee on the Constitution, Subcommittee on Crime of the House Judiciary Committee, Senate Governmental Affairs Committee, and House Committee on the District of Columbia.
A contributor to numerous scholarly volumes, he is the author of the books, Gun Control in Nazi-Occupied France: Tyranny and Resistance; Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State”; The Founders’ Second Amendment: Origins of the Right to Bear Arms; That Every Man Be Armed: Evolution of a Constitutional Right; A Right to Bear Arms; Firearms Law Deskbook: Federal and State Criminal Practice; Securing Civil Rights: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms; State and Federal Bills of Rights and Constitutional Guarantees; and Target Switzerland: Swiss Armed Neutrality in World War II. Dr. Halbrook’s scholarly articles have appeared in such journals as the Arizona Journal of International and Comparative Law, Drug Law Report, George Mason University Law Review, Journal of Air Law and Commerce, Journal of Law and Policy, Law & Contemporary Problems, National Law Journal, Northern Kentucky Law Review, St. John’s Journal of Legal Commentary; Seton Hall Constitutional Law Journal, Tennessee Law Review, University of Dayton Law Review, Valparaiso University Law Review, Vermont Law Review, and William & Mary Bill of Rights Journal.
Dr. Halbrook's popular articles have appeared in such publications as the Wall Street Journal, Newsday, San Francisco Chronicle, National Review, Investor’s Business Daily, Kansas City Star, Washington Examiner, Shreveport Times, Sacramento Bee, Providence Journal, Tampa Tribune, Pittsburgh Tribune-Review, History News Network, San Antonio Express-News, The Daily Caller, Detroit News, Honolulu Star Advertiser, Birmingham News, Environmental Forum, USA Today, and Washington Times. He has also appeared on numerous national TV/radio programs on CNN, Fox News Channel, Fox Business Network, Court TV, NewsMax TV, CBN, Voice of America, and C-SPAN.
Assistant Professor of Law, George Mason University, Antonin Scalia Law School
Robert Leider is an Assistant Professor of Law at Antonin Scalia Law School, George Mason University. His scholarly interests are in criminal law, criminal procedure, and constitutional law, especially concerning questions about the use of force and the rule of law. He has written on the law of self-defense, the constitutional allocation of military power, and gun control. Among other places, he has published in the Florida Law Review (forthcoming), the Indiana Law Journal, and the Wall Street Journal.
Before joining Antonin Scalia Law School, Professor Leider was at Arnold & Porter in Washington, DC. He was previously with Mayer Brown LLP and was an Olin-Searle-Smith Fellow at the University of Pennsylvania Law School. He has clerked for Judge Diane S. Sykes, of the U.S. Court of Appeals for the Seventh Circuit, and Justice Clarence Thomas. Professor Leider earned a BA, summa cum laude, from The George Washington University, a JD from Yale Law School, and a PhD in Philosophy (dissertation defended with distinction) from Georgetown University. While at Yale, he served as an articles editor for the Yale Law Journal.
Professor Leider teaches criminal law and torts.
Senior Fellow, Independent Institute
Dr. Stephen P. Halbrook is a Senior Fellow at the Independent Institute. He has taught legal and political philosophy at George Mason University, Howard University, and Tuskegee Institute, and he received his J.D. from the Georgetown University Law Center and Ph.D. in social philosophy from Florida State University.
The winner of three cases before the U.S. Supreme Court (Printz v. United States, United States v. Thompson/Center Arms Company, and Castillo v. United States), he has testified before the Subcommittee on the Constitution of the Senate Judiciary Committee, Senate Subcommittee on the Constitution, Subcommittee on Crime of the House Judiciary Committee, Senate Governmental Affairs Committee, and House Committee on the District of Columbia.
A contributor to numerous scholarly volumes, he is the author of the books, Gun Control in Nazi-Occupied France: Tyranny and Resistance; Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State”; The Founders’ Second Amendment: Origins of the Right to Bear Arms; That Every Man Be Armed: Evolution of a Constitutional Right; A Right to Bear Arms; Firearms Law Deskbook: Federal and State Criminal Practice; Securing Civil Rights: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms; State and Federal Bills of Rights and Constitutional Guarantees; and Target Switzerland: Swiss Armed Neutrality in World War II. Dr. Halbrook’s scholarly articles have appeared in such journals as the Arizona Journal of International and Comparative Law, Drug Law Report, George Mason University Law Review, Journal of Air Law and Commerce, Journal of Law and Policy, Law & Contemporary Problems, National Law Journal, Northern Kentucky Law Review, St. John’s Journal of Legal Commentary; Seton Hall Constitutional Law Journal, Tennessee Law Review, University of Dayton Law Review, Valparaiso University Law Review, Vermont Law Review, and William & Mary Bill of Rights Journal.
Dr. Halbrook's popular articles have appeared in such publications as the Wall Street Journal, Newsday, San Francisco Chronicle, National Review, Investor’s Business Daily, Kansas City Star, Washington Examiner, Shreveport Times, Sacramento Bee, Providence Journal, Tampa Tribune, Pittsburgh Tribune-Review, History News Network, San Antonio Express-News, The Daily Caller, Detroit News, Honolulu Star Advertiser, Birmingham News, Environmental Forum, USA Today, and Washington Times. He has also appeared on numerous national TV/radio programs on CNN, Fox News Channel, Fox Business Network, Court TV, NewsMax TV, CBN, Voice of America, and C-SPAN.
Assistant Professor of Law, George Mason University, Antonin Scalia Law School
Robert Leider is an Assistant Professor of Law at Antonin Scalia Law School, George Mason University. His scholarly interests are in criminal law, criminal procedure, and constitutional law, especially concerning questions about the use of force and the rule of law. He has written on the law of self-defense, the constitutional allocation of military power, and gun control. Among other places, he has published in the Florida Law Review (forthcoming), the Indiana Law Journal, and the Wall Street Journal.
Before joining Antonin Scalia Law School, Professor Leider was at Arnold & Porter in Washington, DC. He was previously with Mayer Brown LLP and was an Olin-Searle-Smith Fellow at the University of Pennsylvania Law School. He has clerked for Judge Diane S. Sykes, of the U.S. Court of Appeals for the Seventh Circuit, and Justice Clarence Thomas. Professor Leider earned a BA, summa cum laude, from The George Washington University, a JD from Yale Law School, and a PhD in Philosophy (dissertation defended with distinction) from Georgetown University. While at Yale, he served as an articles editor for the Yale Law Journal.
Professor Leider teaches criminal law and torts.
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.
Associate, Covington
John Kendrick represents clients in antitrust matters before government agencies (both domestic and foreign) and in federal court. His experience includes complex, high-profile antitrust litigation spanning multiple jurisdictions. He also represents clients in antitrust investigations, including merger investigations under the HSR Act.
John has advised clients in the cellular, medical device, retail, semiconductor, and travel industries. He has particular experience handling complex issues for technology companies and intellectual property licensing companies.
Angus G. Wynne, Sr. Professor in Civil Jurisprudence, The University of Texas at Austin School of Law
Susan Morse joined the University of Texas law faculty in 2013. She studies and writes about regulatory design and about international tax policy and tax compliance. She is interested in the interaction between legal systems and private ordering.
Recent writings in tax policy include Do Tax Compliance Robots Follow the Law? (symposium contribution), 16 Ohio State Tech. L. J. 278 (2020); GILTI: The Co-operative Potential of a Unilateral Minimum Tax, 2019 British Tax Rev. 512; Does Parenting Matter? U.S. Firms, Non-U.S. Firms, and Global Tax Accruals (with Eric J. Allen), 4 J. L. Fin. & Acct'g 239 (2019); International Cooperation and the 2017 Tax Act, 128 Yale L. J. Forum 362 (Oct. 25, 2018) and Seeking Comparable Transactions in Patent and Tax, 37 Rev. Litig. Brief (2018).
Recent writings in regulatory design include Government-to-Robot Enforcement, 2019 Ill. L. Rev. 1497; When Robots Make Legal Mistakes, 72 Okla. L. Rev. 213 (2019); Regulating by Example, 35 Yale J. Reg. 127 (2018) (with Leigh Osofsky) (featured in online symposium, How Agencies Communicate, at JREG); Safe Harbors, Sure Shipwrecks, 49 U.C. Davis L. Rev. 1385 (2016) (selected for Yale/Stanford/Harvard Junior Faculty Forum, 2015); and Entrepreneurship Incentives for Resource-Constrained Firms, Handbook of Law and Entrepreneurship (forthcoming).
Morse cowrote a Supreme Court amicus brief in 2020 supporting the government in CIC Services, LLC v. Internal Revenue Service (blog coverage here). Morse submitted cowritten Ninth Circuit amicus briefs in 2016, 2018 and 2019 in Altera Corp. v. Commissioner, supporting the government's position that it had validly issued a Treasury regulation that requires cost-sharing arrangements to include stock-based compensation. The Ninth Circuit held for the government and denied rehearing en banc, and the Supreme Court denied cert in 2020. Blog coverage here, here, here, here, here, and here.
Professor Morse teaches Property and Federal Income Tax, as well as the Financial Methods for Lawyers course, which she pioneered at Texas Law. She won the Women's Law Caucus Teacher of the Year award in 2016 and 2020. She edits the tax section at JOTWELL.com.
Professor Morse clerked for the Honorable Michael Boudin of the United States Court of Appeals for the First Circuit and spent seven years in business tax practice at Ropes & Gray, Boston and Wilson Sonsini Goodrich & Rosati, Palo Alto. Prior to joining the Texas faculty, she served as Associate Professor at UC Hastings College of the Law and as Research Assistant Professor at Santa Clara University School of Law.
Morse has also written Innovation and Taxation at Start-Up Firms, 69 Tax L. Rev. 357 (2016); Tax Anti-Avoidance Law in Australia and the United States, 49 Int'l Law. 111 (2015); A Simpler Offshore Profits Transition Tax, 76 Tax Notes Int'l 629 (Feb. 17, 2014); Startup Ltd.: Tax Planning and Initial Incorporation, 14 Fla. Tax Rev. 319 (2013); Tax Haven Incorporation for U.S. Firms: No Exodus Yet, 66 Nat’l Tax J. 395 (2013); The Transfer Pricing Regs Need a Good Edit, 40 Pepperdine L. Rev. 1415 (2013); and A Corporate Offshore Profits Transition Tax, 91 N.C. L. Rev. 549 (2013).
Senior Fellow in Executive Power, Cato Institute
Molly Nixon is a senior fellow at the Cato Institute, where she focuses on the scope, use, and history of executive power as well as its limits under the Constitution. Molly was previously an attorney with Pacific Legal Foundation’s separation of powers practice, where she litigated cases challenging congressional delegations of legislative power and executive branch overreach. Before that, she served as an Attorney-Advisor at the Department of the Interior and as Legislative Counsel for Congressman Justin Amash.
Molly holds a J.D. from New York University School of Law and a B.A. in History and International Relations from Boston University. She clerked for the U.S. District Court for the District of Alaska and practiced law at a firm in New York City for several years before moving to Washington, D.C.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
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