Anne Shea Ransdell and William Garland "Buck" Ransdell, Jr. Distinguished Professor of Law, University of North Carolina School of Law
Carissa Byrne Hessick joined the Carolina Law faculty in 2016. She serves as the Anne Shea Ransdell and William Garland “Buck” Ransdell, Jr. Distinguished Professor of Law and as the director of the Prosecutors and Politics Project. Her teaching and research interests include criminal law, the structure of the criminal justice system, criminal sentencing, and child pornography crimes. Hessick is the author of multiple law review articles, essays, and op eds on plea bargaining, the powers and selection of prosecutors, Sixth Amendment sentencing rights, and criminal statutes. Her work has appeared in the California Law Review, the Cornell Law Review, the L.A. Times, the UCLA Law Review, and the Virginia Law Review, among others. She founded the Prosecutors and Politics Project in 2018. And she currently serves as the Reporter for the ABA Criminal Justice Section’s Sentencing Standards Task Force.
Hessick attended Yale Law School, where she was an editor of the Yale Law Journal and winner of the Potter Stewart Prize for the Morris Tyler Moot Court of Appeals. After graduating from law school, she clerked for Judge Barbara S. Jones on the Southern District of New York and for Judge A. Raymond Randolph on the D.C. Circuit. She also worked as a litigation associate at Wachtell, Lipton, Rosen & Katz in New York City. Before joining the faculty at Carolina Law, Hessick taught on the faculties at Arizona State University’s Sandra Day O’Connor College of Law and the University of Utah’s S.J. Quinney College of Law. She also spent two years as a Climenko Fellow at Harvard Law School.
Criminal Trial and Appellate Lawyer, Markus/ Moss
David Oscar Markus is a magna cum laude graduate of Harvard Law School. David is known for his creative and unrelenting approach to cases, which leads to wins in trials and appeals. David focuses on high-stakes criminal litigation for both white collar and traditional criminal matters.
Best Lawyers named David “Lawyer of the Year” for White Collar Criminal Law in 2020 and for General Criminal Defense in 2017. And the Dade County Bar Association awarded him the “Legal Luminary” award for criminal defense, an honor voted on by members of the legal community. In 2015, the National Law Journal selected him as one of the Trailblazers for White Collar Criminal Defense in the entire country. Back when he was 29 years old (in 2002), the National Law Journal selected him as one of the top 40 litigators in the country under 40 years old, and it has recognized one of his federal trial victories as one of the top ten defense verdicts in the country that year.
In one trial victory, David not only beat all 141 counts in federal court for a doctor, but then won attorneys’ fees and costs of over $600,000 for his client in a first-of-its-kind victory. Based on that case, he was awarded the highest honor — the Rodney Thaxton “against all odds” award — by the Florida Association of Criminal Defense Lawyers. Although the 11th Circuit reversed the fee award in a number of controversial opinions, the court referred to Markus as an “elite” and “superb” attorney. In another case, David challenged the way the federal court system in Miami selected jurors (alphabetically by last name) and won, which changed the jury selection process in the District. After obtaining a fair jury, Markus’ client was found not guilty. He never stops fighting for his clients.
Based on this type of creative and unique lawyering, in 2010, David was one of eight finalists in the country for best white-collar criminal lawyer in the country by Chambers & Partners, which quoted market sources saying that David is “the whole package,” and “a creative, courageous and tenacious courtroom advocate.” And he was named to that very prestigious short list of 8 best white-collar criminal defense lawyers again in 2011 (he was the only lawyer listed who was not from a large firm). The 2012 Chambers said this: “David Markus received strong praise from peers and clients alike, who describe him as ‘a legal genius and brilliant strategist with a great demeanor.'” A recent Chambers & Partners described David as a “wickedly smart and a terrific trial lawyer. … Clients say that he is ‘thrilling’ to watch in court and that ‘his passion appreciation and enjoyment for his work are contagious.” And in 2014, that publication identified David as “one of the best trial lawyers around: very smart, highly respected and thoroughly prepared.” In 2016, Chambers said: “David Markus is one of the most talented criminal defense lawyers in Florida. He has a wealth of litigation experience and is regularly sought after for his counsel in high-stakes tax and criminal antitrust cases. Sources also describe him as an ‘extremely creative thinker and a great oral advocate’ who gets ‘tremendous results.'” Chambers has also explained: “David Markus is amazing, not only because of the strength and genius of his arguments and motions, but also because of his brilliant and astonishing performances during the hearings. Additionally, he radiates so much confidence, and that in itself soothes the usual anguish and anxiety that you endure during these types of situations. Last but not least, he is such a great human being.” In 2020, that publication said that David “is an exceptional trial lawyer,” “an incredible oral advocate” and that “he’s pretty fearless in terms of dealing with the government.”
Since 2010, David has been listed as one of the top 100 lawyers in Miami and in all of Florida by SuperLawyers. He is one of the few criminal defense lawyers to received such an honor. He is frequently named as one of the top lawyers in the Best Lawyers in America, South Florida Legal Guide, Florida Trend Magazine, Chambers & Partners, and the South Florida Business Journal. He was one of 20 lawyers named a key partner by the South Florida Business Journal in 2011 and again in 2012. The Daily Business Review named him a finalist for Most Effective Lawyer in Criminal Justice (one of three lawyers in Miami) in 2006, 2009, 2011, 2012, and 2015. He won the award in 2018. The district judges in the Southern District of Florida presented him with the Eugene Spellman Criminal Justice Act Award in 2013.
While at Harvard, David argued in front of Supreme Court Justice Anthony Kennedy who named him best oralist. David was mentored by Alan Dershowitz while in law school. After graduating from Harvard, David served as law clerk to the Honorable Edward B. Davis, then-Chief United States District Judge, Southern District of Florida. Following his clerkship, David worked as an associate at the leading criminal defense firm in the country, Williams & Connolly in Washington, D.C., and then practiced as an Assistant Federal Public Defender in Miami.
David is a past-president of the Florida Association of Criminal Defense Lawyers – Miami Chapter and past-president of the Federal Bar Association, South Florida Chapter, 2007-08. He served for ten years as the Southern District of Florida’s national representative for the Criminal Justice Act Panel, and is the vice-chair of the National Association of Criminal Defense Lawyer’s amicus committee. David also has co-authored the Fourth Amendment Forum, published in NACDL’s The Champion. He is frequently asked to serve on committees for the Southern District of Florida.
David frequently lectures on different aspects of the criminal trial and appeal. He currently teaches a White Collar Law seminar the the University of Miami School of Law and previously taught legal writing there. David also has taught Advanced Criminal Procedure and White Collar Law at Florida International University College of Law. He often speaks to other criminal defense lawyers on ethics and zealously representing criminal defendants charged with serious crimes. His lengthy list of lectures can be found on his resume.
David is often quoted in publications around the country, including The Miami Herald, The Sun-Sentinel, The Palm Beach Post, the Daily Business Review, USA Today, The New York Times, The Wall Street Journal, The Boston Globe, Law.com, and CNN.com. He has written opinion pieces for numerous publications, and is the author of the popular Southern District of Florida blog, which has been described by the New Times as “the definitive source on South Florida’s federal court system.” He recently wrote a chapter in a book for lawyers; his chapter was titled “Battling Goliath, Trying to Win in the Court of Appeals.” David is also a frequent opinion contributor, arguing for criminal justice reform and for individual rights. He has written pieces in the Washington Post, USA Today, Miami Herald, law.com Newsmax, and others.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Anne Shea Ransdell and William Garland "Buck" Ransdell, Jr. Distinguished Professor of Law, University of North Carolina School of Law
Carissa Byrne Hessick joined the Carolina Law faculty in 2016. She serves as the Anne Shea Ransdell and William Garland “Buck” Ransdell, Jr. Distinguished Professor of Law and as the director of the Prosecutors and Politics Project. Her teaching and research interests include criminal law, the structure of the criminal justice system, criminal sentencing, and child pornography crimes. Hessick is the author of multiple law review articles, essays, and op eds on plea bargaining, the powers and selection of prosecutors, Sixth Amendment sentencing rights, and criminal statutes. Her work has appeared in the California Law Review, the Cornell Law Review, the L.A. Times, the UCLA Law Review, and the Virginia Law Review, among others. She founded the Prosecutors and Politics Project in 2018. And she currently serves as the Reporter for the ABA Criminal Justice Section’s Sentencing Standards Task Force.
Hessick attended Yale Law School, where she was an editor of the Yale Law Journal and winner of the Potter Stewart Prize for the Morris Tyler Moot Court of Appeals. After graduating from law school, she clerked for Judge Barbara S. Jones on the Southern District of New York and for Judge A. Raymond Randolph on the D.C. Circuit. She also worked as a litigation associate at Wachtell, Lipton, Rosen & Katz in New York City. Before joining the faculty at Carolina Law, Hessick taught on the faculties at Arizona State University’s Sandra Day O’Connor College of Law and the University of Utah’s S.J. Quinney College of Law. She also spent two years as a Climenko Fellow at Harvard Law School.
Criminal Trial and Appellate Lawyer, Markus/ Moss
David Oscar Markus is a magna cum laude graduate of Harvard Law School. David is known for his creative and unrelenting approach to cases, which leads to wins in trials and appeals. David focuses on high-stakes criminal litigation for both white collar and traditional criminal matters.
Best Lawyers named David “Lawyer of the Year” for White Collar Criminal Law in 2020 and for General Criminal Defense in 2017. And the Dade County Bar Association awarded him the “Legal Luminary” award for criminal defense, an honor voted on by members of the legal community. In 2015, the National Law Journal selected him as one of the Trailblazers for White Collar Criminal Defense in the entire country. Back when he was 29 years old (in 2002), the National Law Journal selected him as one of the top 40 litigators in the country under 40 years old, and it has recognized one of his federal trial victories as one of the top ten defense verdicts in the country that year.
In one trial victory, David not only beat all 141 counts in federal court for a doctor, but then won attorneys’ fees and costs of over $600,000 for his client in a first-of-its-kind victory. Based on that case, he was awarded the highest honor — the Rodney Thaxton “against all odds” award — by the Florida Association of Criminal Defense Lawyers. Although the 11th Circuit reversed the fee award in a number of controversial opinions, the court referred to Markus as an “elite” and “superb” attorney. In another case, David challenged the way the federal court system in Miami selected jurors (alphabetically by last name) and won, which changed the jury selection process in the District. After obtaining a fair jury, Markus’ client was found not guilty. He never stops fighting for his clients.
Based on this type of creative and unique lawyering, in 2010, David was one of eight finalists in the country for best white-collar criminal lawyer in the country by Chambers & Partners, which quoted market sources saying that David is “the whole package,” and “a creative, courageous and tenacious courtroom advocate.” And he was named to that very prestigious short list of 8 best white-collar criminal defense lawyers again in 2011 (he was the only lawyer listed who was not from a large firm). The 2012 Chambers said this: “David Markus received strong praise from peers and clients alike, who describe him as ‘a legal genius and brilliant strategist with a great demeanor.'” A recent Chambers & Partners described David as a “wickedly smart and a terrific trial lawyer. … Clients say that he is ‘thrilling’ to watch in court and that ‘his passion appreciation and enjoyment for his work are contagious.” And in 2014, that publication identified David as “one of the best trial lawyers around: very smart, highly respected and thoroughly prepared.” In 2016, Chambers said: “David Markus is one of the most talented criminal defense lawyers in Florida. He has a wealth of litigation experience and is regularly sought after for his counsel in high-stakes tax and criminal antitrust cases. Sources also describe him as an ‘extremely creative thinker and a great oral advocate’ who gets ‘tremendous results.'” Chambers has also explained: “David Markus is amazing, not only because of the strength and genius of his arguments and motions, but also because of his brilliant and astonishing performances during the hearings. Additionally, he radiates so much confidence, and that in itself soothes the usual anguish and anxiety that you endure during these types of situations. Last but not least, he is such a great human being.” In 2020, that publication said that David “is an exceptional trial lawyer,” “an incredible oral advocate” and that “he’s pretty fearless in terms of dealing with the government.”
Since 2010, David has been listed as one of the top 100 lawyers in Miami and in all of Florida by SuperLawyers. He is one of the few criminal defense lawyers to received such an honor. He is frequently named as one of the top lawyers in the Best Lawyers in America, South Florida Legal Guide, Florida Trend Magazine, Chambers & Partners, and the South Florida Business Journal. He was one of 20 lawyers named a key partner by the South Florida Business Journal in 2011 and again in 2012. The Daily Business Review named him a finalist for Most Effective Lawyer in Criminal Justice (one of three lawyers in Miami) in 2006, 2009, 2011, 2012, and 2015. He won the award in 2018. The district judges in the Southern District of Florida presented him with the Eugene Spellman Criminal Justice Act Award in 2013.
While at Harvard, David argued in front of Supreme Court Justice Anthony Kennedy who named him best oralist. David was mentored by Alan Dershowitz while in law school. After graduating from Harvard, David served as law clerk to the Honorable Edward B. Davis, then-Chief United States District Judge, Southern District of Florida. Following his clerkship, David worked as an associate at the leading criminal defense firm in the country, Williams & Connolly in Washington, D.C., and then practiced as an Assistant Federal Public Defender in Miami.
David is a past-president of the Florida Association of Criminal Defense Lawyers – Miami Chapter and past-president of the Federal Bar Association, South Florida Chapter, 2007-08. He served for ten years as the Southern District of Florida’s national representative for the Criminal Justice Act Panel, and is the vice-chair of the National Association of Criminal Defense Lawyer’s amicus committee. David also has co-authored the Fourth Amendment Forum, published in NACDL’s The Champion. He is frequently asked to serve on committees for the Southern District of Florida.
David frequently lectures on different aspects of the criminal trial and appeal. He currently teaches a White Collar Law seminar the the University of Miami School of Law and previously taught legal writing there. David also has taught Advanced Criminal Procedure and White Collar Law at Florida International University College of Law. He often speaks to other criminal defense lawyers on ethics and zealously representing criminal defendants charged with serious crimes. His lengthy list of lectures can be found on his resume.
David is often quoted in publications around the country, including The Miami Herald, The Sun-Sentinel, The Palm Beach Post, the Daily Business Review, USA Today, The New York Times, The Wall Street Journal, The Boston Globe, Law.com, and CNN.com. He has written opinion pieces for numerous publications, and is the author of the popular Southern District of Florida blog, which has been described by the New Times as “the definitive source on South Florida’s federal court system.” He recently wrote a chapter in a book for lawyers; his chapter was titled “Battling Goliath, Trying to Win in the Court of Appeals.” David is also a frequent opinion contributor, arguing for criminal justice reform and for individual rights. He has written pieces in the Washington Post, USA Today, Miami Herald, law.com Newsmax, and others.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law, The University of Utah College of Law
Paul G. Cassell is an internationally recognized legal scholar on criminal and civil justice, crime victims' rights, constitutional law, evidence, judicial process, and other legal issues. Cassell received a B.A. (1981) and a J.D. (1984) from Stanford University, where he graduated Order of the Coif and was President of the Stanford Law Review. He clerked for then-Judge Antonin Scalia when Scalia was on the U.S. Court of Appeals for the D.C. Circuit (1984-85) and for Chief Justice Warren Burger of the United States Supreme Court (1985-86). Cassell then served as an Associate Deputy Attorney General with the U.S. Justice Department (1986-88) and as an Assistant U.S. Attorney for the Eastern District of Virginia (1988 to 1991). Cassell joined the faculty at the College of Law in 1992, where he taught full-time until he was sworn in as a U.S. District Court Judge for the District of Utah in July 2002. In November 2007, he resigned his judgeship to return full-time to the College of Law to teach, write, and litigate concerning issues relating to crime victims' rights and criminal and civil justice reform. Professor Cassell has also published numerous law review articles in journals such as the Stanford Law Review, the Michigan Law Review, the Harvard Journal of Law and Public Policy, and the Journal of Criminal Law and Criminology. He is a co-author of the nation's only law school textbook on crime victims' rights, Victims in Criminal Procedure (various editions, most recently in its fifth edition published in 2025). Professor Cassell has argued pro bono cases relating to criminal procedure and crime victims' rights before the United States Supreme Court, the 2nd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and D.C. Circuits (including the 5th and 11th Circuits en banc), several U.S. District Courts, the Utah Supreme Court, and the Arizona Supreme Court. In 2020, Cassell received the Ronald Wilson Reagan Public Policy Award - National Crime Victims' Service Award from the U.S. Department of Justice. Cassell is a member of the American Law Institute, a fellow of the American Bar Foundation, and an inaugural member of the Council on Criminal Justice. He is also an occasional blogger at The Volokh Conspiracy.
Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
W. DeVier Pierson Professor of Law, University of Oklahoma College of Law
In 2001 Taiawagi Helton joined the faculty of the University of Oklahoma College of Law, where he teaches environmental law, property law, and Indian law. His research emphasizes environmental and natural resources issues relating to Native Americans, as well as nation building in Indian country.
Helton began his legal career as a clerk for the Honorable Robert H. Henry, U.S. Court of Appeals for the Tenth Circuit. He has served as a Special Justice for the Cheyenne and Arapaho Tribes Supreme Court (2004-2008) and as a member of the Board of Directors of Oklahoma Indian Legal Services. In 2012, Helton received the O.U. Regents’ Award for Superior Teaching, the University’s highest award for teaching excellence.
Helton earned his Master of Laws degree from Yale Law School in 2001. In 1999 he received a juris doctor degree with highest honors from the University of Tulsa College of Law, where he served as Editor-in-Chief of the Tulsa Law Journal and earned membership in the Order of the Curule Chair.
Partner, Spencer Fane LLP
Andy Lester has a civil litigation and appellate practice in both state and federal court. His fields of emphasis include complex business, civil rights, commercial, constitutional, and state and local government law. He has faced off against the White House over the use of Executive Privilege, has appeared as counsel before committees of the United States Senate and the United States House of Representatives, and has been a featured guest on television shows such as Hardball with Chris Matthews and The Situation Room with Wolf Blitzer. He has also served as Acting General Counsel for the Oklahoma House of Representatives, and has twice served as Chief Counsel to Special House Committees investigating public corruption.
While in law school, Lester served on President Ronald Reagan’s Transition Team for the Equal Employment Opportunity Commission. In 2002, he chaired Governor Brad Henry’s Law Enforcement/Corrections Transition Team and, as a member of the Budget/Finance Transition Team, helped write Governor Henry’s first State budget.
He is a former United States Magistrate Judge for the Western District of Oklahoma, and has served as Adjunct Professor at Oklahoma City University School of Law, having taught State & Local Government, Employment Law, Criminal Law, and International Law. Lester has written over 100 articles and papers on professional and public policy issues, and has published one book, Constitutional Law and Democracy, a collection of speeches he gave in 1993 in the former Soviet Union.
Lester is a former member of the Oklahoma State Regents for Higher Education, and in 2019 was named a State Regent Emeritus. He served on the board of Eureka College (President Reagan’s alma mater), is a former chairman of the Oklahoma Advisory Committee for the United States Commission on Civil Rights, and is a past president, past board chairman, and current board member of the Tenth Circuit Historical Society. He co-chaired the bipartisan Oklahoma Death Penalty Review Commission, which conducted the first-ever independent, objective, and thorough review of the state’s entire capital punishment system.
In 2012, Lester was named Citizen of the Year of Edmond, Oklahoma. He is a past president of the Rotary Club of Edmond, and in 2011 was named Rotarian of the Year.
Partner, Barr & Klein PLLC
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.
Acting Assistant Commissioner of Customs and Border Protection, Office of Professional Responsibility, U.S. Department of Homeland Security
Brian M. Fish is currently the Senior Advisor to the General Counsel at the Department of Homeland Security where he works on immigration and law enforcement issues. Previously, he was a trial attorney with the United States Immigration and Customs Enforcement, where he represented the Department of Homeland Security in removal hearings before the U.S. Immigration Court. Additionally, he was a Special Assistant United States Attorney and a Baltimore City homicide prosecutor. He is a member of the Federalist Society's Criminal Law & Procedure Practice Group Executive Committee and the President of its Baltimore Lawyers Chapter. He earned his B.A. from LaSalle University in 1992 and his J.D. from Loyola University New Orleans School of Law in 1998.
Jay Kingham Senior Research Fellow in International Regulatory Affairs, The Heritage Foundation
Brett D. Schaefer is the Jay Kingham Fellow in International Regulatory Affairs at Heritage's Margaret Thatcher Center for Freedom.
Schaefer analyzes a range of foreign policy issues, focusing primarily on the United Nations and affiliated funds and programs. He frequently speaks and publishes on issues related to the world body and its activities.
Schaefer is editor of the 2009 book, ConUNdrum: The Limits of the United Nations and the Search for Alternatives (Rowman & Littlefield). It features chapters written by fellow experts on an array of international activities and responsibilities conducted by the U.N. and related international organizations, among them diplomacy, international law, peacekeeping, the environment, disarmament, health, human rights, trade and development.
A frequent visitor to sub-Saharan Africa, Schaefer has written extensively on economic development and peace and security issues there and how those issues affect America's national interests.
Schaefer's writing and analysis include contributions to rankings of individual nations in the annual Index of Economic Freedom, published by Heritage and The Wall Street Journal.
He speaks frequently to audiences of business leaders, congressional staff and academics, and has testified before Congress on the United Nations and foreign assistance and development.
Schaefer's appearances on a variety of radio and television programs include CNN, Fox, MSNBC, BBC and C-SPAN.
He joined Heritage in 1995 and was named Kingham Fellow in September 1996. He worked at the Pentagon as an assistant for international criminal court policy from March 2003 to March 2004.Schaefer received his master's degree in international development from the School of International Service at American University in Washington, D.C. He also holds a bachelor's degree in anthropology from Florida State University.
Senior Legal Fellow and Manager, National Security Law Program, The Heritage Foundation
Charles “Cully” Stimson is a widely recognized expert in national security, homeland security, crime control, drug policy and immigration. A senior legal fellow at The Heritage Foundation since 2007, Stimson became Manager of the National Security Law Program in Heritage’s Institute for Constitutional Government in April 2013 after serving as Heritage’s chief of staff for a year.
Stimson writes and lectures on policy issues such as the law of armed conflict, terrorist detainee policy and interrogations, the Geneva Conventions, military commissions, the Patriot Act and FISA, criminal law and the death penalty, immigration and the war on drugs. As chief of staff to then-Heritage President Edwin J. Feulner, he was a key adviser on public policy matters as well as manager of Feulner’s office staff and Heritage’s day-to-day operations.
Stimson’s many research papers, op-eds and articles include special reports such as “Adult Time for Adult Crime,” a comprehensive study on the constitutionality of life sentences for teen-age murderers, and Sexual Assault in the Military: Understanding the Problem and How to Fix It, a ground-breaking paper detailing the inner workings of the military justice system compared to its civilian counterpart. His work on criminal and immigration law has been cited in briefs before the U.S. Supreme Court.
He testifies before the U.S. Senate and House on national security issues, and recently testified before the Senate Armed Services Committee on the Law of Armed Conflict, Law of War, and the 2001 Authorization for Use of Military Force.
Before joining the think tank in 2007, Stimson served as Deputy Assistant Secretary of Defense for Detainee Affairs. He advised then-Secretaries of Defense Donald Rumsfeld and Robert Gates and coordinated the Pentagon’s global detention policy and operations, including at Guantanamo Bay and in Iraq and Afghanistan. He was chairman of detainee-related panels such as the Defense Senior Leadership Oversight Committee, and the Special Detainee Follow Up Group. He represented the United States before the U.N. in Geneva, Switzerland in May 2006 where he led the DOD delegation in defense of the United States’ Second Period Report on the Convention Against Torture.
An accomplished trial lawyer, Stimson worked as a prosecutor at the local, state and federal levels, where he concentrated on violent crimes such as homicide, sexual assault and domestic violence. A third generation naval officer, Cully also served as a military prosecutor, defense counsel, and recently served as Deputy Chief Judge of the Navy-Marine Corps Trial Judiciary. He continues to serve, with the rank of Captain, as the Commanding Officer of the Preliminary Hearing Unit.
Stimson’s thousands of media interviews and appearances include Fox News Channel, MSNBC, CNN, BBC, NPR and C-SPAN. He has been quoted by most major newspapers, including The Washington Post, Wall Street Journal, New York Times, Los Angeles Times, and London Times.
A businessman and educator by training, Stimson is Vice Chairman of his family’s commercial real estate company in Seattle. Before 9/11, he was a Vice President at a New York-based global financial services and insurance brokerage firm where ran the private equity mergers and acquisitions D.C. operation.
Stimson holds a law degree from the George Mason University School of Law, where he later taught as an Adjunct Professor of Law. He is a graduate of Kenyon College, where he was Captain of the men’s varsity soccer team and an All-Conference player. He also studied at Harvard and Exeter universities. An avid soccer player and triathlete, he serves as Chairman of the Board of the United States Soccer Foundation, the charitable giving arm of U.S. Soccer.
Nick Ohnell Fellow, The Manhattan Institute
Rafael Mangual is the Nick Ohnell Fellow at the Manhattan Institute, a contributing editor of City Journal, and a member of the Council on Criminal Justice. His first book, Criminal (In)Justice, was released in July 2022. He has authored and coauthored a number of MI reports and op-eds on issues ranging from urban crime and jail violence to broader matters of criminal and civil justice reform. His work has been featured and mentioned in a wide array of publications, including the Wall Street Journal, The Atlantic, New York Post, The New York Times, The Washington Post, Philadelphia Inquirer and City Journal. Mangual also regularly appears on Fox News and has made a number of national and local television and radio appearances on outlets such as C-SPAN and Bloomberg Radio. In 2020, he was appointed to serve a four-year term as a member of the New York State Advisory Committee of the U.S. Commission on Civil Rights.
Prior to joining MI in 2015, Rafael worked in corporate communications for the International Trademark Association. He holds a B.A. in corporate communications from the City University of New York’s Baruch College and a J.D. from DePaul University in Chicago, where he was president of the Federalist Society and vice president of the Appellate Moot Court team. After graduating from law school, Mangual was inducted into the Order of the Barristers, a national honor society for excellence in oral and written advocacy.
Clash of the Titans: General Michael Flynn & Judge Emmett Sullivan - Does the DOJ have Unfettered Discretion to Dismiss the Flynn Prosecution?
Carissa Byrne Hessick, David Oscar Markus, Clark Neily
Miami Lawyers Chapter - Online Event
On June 4, 2020, the Miami Lawyers Chapter of the Federalist Society hosted an online...
Clash of the Titans: General Michael Flynn & Judge Emmett Sullivan - Does the DOJ have Unfettered Discretion to Dismiss the Flynn Prosecution?
Carissa Byrne Hessick, David Oscar Markus, Clark Neily
Miami Lawyers Chapter - Online Event
On June 4, 2020, the Miami Lawyers Chapter of the Federalist Society hosted an online...
Topics
We don’t need to abolish the police. We do need to fundamentally reform the institution.
Once a radical idea, “abolish the police” has now taken root in some corners of...
Topics
Changing attitudes put police-union reform on the table
As we explained recently in the Sacramento Bee, many Americans have been stunned by the...
Miranda v. Arizona [SCOTUSbrief]
Paul G. Cassell
Short video featuring Paul Cassell
Whenever law enforcement performs a custodial interrogation of a suspect in the United States, it...
Courthouse Steps Oral Argument Teleforum: McGirt v. Oklahoma
Anthony J. Ferate, Taiawagi "Tai" Helton, Andy Lester
Tribal jurisdiction is again before the Supreme Court. Following November 2018 arguments, Chief Justice John...
Courthouse Steps Decision Teleforum: Kelly v. United States
Stephen R. Klein
Bridget Anne Kelly and William Baroni were convicted of wire fraud, federal program fraud and conspiracy for orchestrating...
Courthouse Steps Decision Teleforum: United States v. Sineneng-Smith
Brian M. Fish
Today the Supreme Court released the decision in United States v. Sineneng-Smith. By a vote of 9-0,...
Legal Implications of the International Criminal Court's Decision to Investigate Americans
Brett Schaefer, Charles "Cully" Stimson
In 2017, the prosecutor for the International Criminal Court (ICC) announced her formal request to...
Police Use of Force and the Practical Limits of Popular Reform Proposals: A Response to Rizer and Mooney
Rafael A. Mangual
Federalist Society Review, Volume 21
Note from the Editor: The Federalist Society takes no positions on particular legal and public...