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.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Professor of Law, University of San Diego School of Law
Maimon Schwarzschild is Professor of Law at the University of San Diego, where he has taught
since 1982. He has published extensively on constitutional law, jurisprudence, law and religion,
and civil rights. He is an English barrister and an American lawyer: he was an attorney in the
Civil Rights Division of the US Department of Justice from 1976 to 1981 and practised as a
barrister in London in the 1980s. He was a visiting professor at the Sorbonne for several years,
and has been a visiting professor at the Hebrew University in Jerusalem. He is a Director of the
Institute of Law and Religion at the University of San Diego and a member of the editorial board
of Law and Philosophy. With Gail Heriot he recently co-edited a volume entitled “A Dubious
Expediency: How Race Preferences Damage Higher Education”, published by Encounter Books.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Special Assistant/Counsel, United States Commission on Civil Rights
Alexander Heideman is Special Assistant/Counsel at the United States Commission on Civil Rights.
Professor Emeritus of Political Science and Professor Emeritus of Public Policy, Univ. of Maryland Baltimore County
George R. La Noue is Professor Emeritus of Political Science and Professor Emeritus of Public Policy at the University of Maryland Baltimore County. He has served as a trial expert in twenty cases involving public procurement preferences. For thirty years, he was Director of the Project on Civil Rights and Public Contracts at UMBC which recently contributed 289 public contracting disparity studies to the Library of Congress. He has been a consultant to nine governments and trial expert in thirty cases where the validity of disparity studies was at issue.
Prof. La Noue can be reached by email at [email protected].
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
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.
President, Center for Individual Rights
Todd Gaziano is the President of the Center for Individual Rights. Mr. Gaziano received his J.D. in 1988 from the University of Chicago Law School, where he was a John M. Olin Fellow in Law and Economics. He received his B.A. from West Virginia University, summa cum laude in 1985. He was selected as a Truman Scholar from West Virginia while an undergraduate.
Mr. Gaziano’s previous legal work includes service as a law clerk for U.S. Court of Appeals for the Fifth Circuit Judge Edith Jones, as an attorney in the U.S. Department of Justice Office of Legal Counsel, as a chief subcommittee counsel in the U.S. House of Representatives, as a Houston trial attorney, and as a chief corporate legal officer. He also served a six-year term as commissioner on the U.S. Commission on Civil Rights (2008-2013), where he helped conduct oversight and investigations of civil rights agencies.
For most of the last 25 years, Mr. Gaziano was a legal scholar and public interest law leader, promoting individual liberty in the Supreme Court and Congress. From 1997 to 2013, he was the founding director of the Edwin Meese Center for Legal and Judicial Studies at The Heritage Foundation. From 2014 until he joined CIR, he was the Chief of Legal Policy and Strategic Research, and Director of the Center for the Separation of Powers, at Pacific Legal Foundation.
Executive Director, Consumers’ Research
Will Hild is the Executive Director of Consumers’ Research. Will has a decade of non-profit, legal and public policy experience. Prior to joining CR, Will served as the Deputy Director of the Regulatory Transparency Project. Before that, he worked at the Philanthropy Roundtable as the Director of External Affairs for the Culture of Freedom Initiative, and as the Chief Operating Officer of that Initiative when it grew to become a separate organization. He helped co-found the public interest law firm, Cause of Action, and served as the firm’s acting communications director for nearly a year.
Will received his J.D. from Georgetown University Law Center, and a B.A. in Political Science from the University of Florida. He is licensed to practice law in the Commonwealth of Virginia.
Will resides in Bethesda, MD, with his wife Cheryl, a practicing OB/GYN, and their son Liam.
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).
Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights, University of North Carolina School of Law
Theodore M. Shaw is the Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights at the University of North Carolina School of Law at Chapel Hill. Professor Shaw teaches Civil Procedure and Advanced Constitutional Law/Fourteenth Amendment. Before joining the faculty of UNC Law School, from 2008-2014 Professor Shaw taught at Columbia University Law School, where he was Professor of Professional Practice. During that time he was also “Of Counsel” to the law firm of Norton Rose Fulbright (formerly Fulbright & Jaworski, LLP). His practice involved civil litigation and representation of institutional clients on matters concerning diversity and civil rights.
Professor Shaw was the fifth Director-Counsel and President of the NAACP Legal Defense and Educational Fund, Inc., for which he worked in various capacities over the span of twenty-six years. He has litigated education, employment, voting rights, housing, police misconduct, capital punishment and other civil rights cases in trial and appellate courts, and in the United States Supreme Court.From 1982 until 1987, he litigated education, housing, and capital punishment cases and directed LDF's education litigation docket. In 1987, under the direction of LDF's third Director-Counsel, Julius Chambers, Mr. Shaw relocated to Los Angeles to establish LDF's Western Regional Office. In 1990, Mr. Shaw left LDF to join the faculty of the University of Michigan Law School, where he taught Constitutional Law, Civil Procedure and Civil Rights. While at Michigan, he played a key role in initiating a review of the law school's admissions practices and policies, and served on the faculty committee that promulgated the admissions program that was upheld by the U.S. Supreme Court in 2003 in Grutter v. Bollinger.
In 1993, Mr. Shaw returned to LDF as Associate Director-Counsel, and in 2004, he became LDF's fifth Director-Counsel. Mr. Shaw's legal career began as a Trial Attorney in the Honors Program of the United States Department of Justice, Civil Rights Division in Washington, D.C., where he worked from 1979 until 1982.
Mr. Shaw has testified on numerous occasions before Congress and before state and local legislatures. His human rights work has taken him to Africa, Asia, Europe, and South America. In addition to teaching at Columbia and at Michigan Law School, Professor Shaw held the 1997-1998 Haywood Burns Chair at CUNY School of Law at Queens College and the 2003 Phyllis Beck Chair at Temple Law School. He was a visiting scholar at the Constitution Center in Philadelphia in 2008-2009. He is a member of the faculty of the Practicing Law Institute (PLI).
Mr. Shaw served on the Obama Transition Team after the 2008 presidential election, as team leader for the Civil Rights Division of the Justice Department.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Should Regulators Mandate ESG Practices and Disclosures?
Trent McCotter
A Regulatory Transparency Project Fourth Branch Video
Environmental, Social, and Governance (ESG) standards have recently been mandated by the Securities and Exchange...
Deep Dive Episode 191 – Talks with Authors: A Dubious Expediency
Gail L. Heriot, Maimon Schwarzschild
Regulatory Transparency Project's Fourth Branch Podcast
“A Dubious Expediency: How Race Preferences Damage Higher Education” is a collection of eight essays...
Topics
Amici Argue Harvard’s Use of Race in Admissions Should Face Supreme Court Scrutiny
A Petition for Writ of Certiorari filed by the Students for Fair Admissions (SFFA) reveals...
Topics
Racial Preferences in Government Contracting: How It Happens and Why It's Wrong
Last Wednesday, President Joe Biden promoted his plan to spend trillions of dollars on infrastructure....
Should the Supreme Court Take Note of “Th’ Iliction Returns” Next Time It Addresses Race-Preferential Admissions Policies?
Gail L. Heriot, Alexander M. Heideman
Federalist Society Review, Volume 22
“[N]o matter whether th’ constitution follows th’ flag or not, th’ Supreme Court follows th’...
Topics
Why Did California's Prop 16 Fail? A County-by-County Assessment
By a margin of 57% to 43%, California voters in 2020 rejected Proposition 16, which...
Public Contracting Litigation After Croson: Data, Disparities, & Discrimination
George R. La Noue
Federalist Society Review, Volume 22
What causes racial disparities, and what, if anything, can and should be done to remedy...
Unleashed and Unbound: Living Textualism in Bostock v. Clayton County
Nelson Lund
Federalist Society Review, Volume 21
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Explainer Episode 10 – Did Harvard Admissions Discriminate Against Asians?
Regulatory Transparency Project's Fourth Branch Podcast
In Students for Fair Admissions, Inc. v. Harvard, it is alleged that Harvard admissions discriminated...
Accounting for Race 101: Virginia Universities and Racial Preferences
Linda L. Chavez, Todd F. Gaziano, Will Hild, Althea Nagai, Theodore M. Shaw, Hans A. Von Spakovsky
Regulatory Transparency Project
On September 10, 2019, The Federalist Society hosted a luncheon cosponsored with the Center for...