Professor of Law, Emeritus, Washington and Lee University School of Law
David Bruck directed Washington and Lee's death penalty defense clinic, the Virginia Capital Case Clearinghouse, from 2004 to 2020. Prior to coming to W&L, Bruck practiced criminal law in South Carolina for 28 years, and specialized in the defense of capital cases at the trial, appellate and post-conviction stages. Over the course of his career, he has served as Richland County (Columbia, S.C.) Public Defender, as Chief Attorney of the South Carolina Office of Appellate Defense, and since 1992 as Federal Death Penalty Resource Counsel to the federal defender system nationwide.
Bruck has argued seven death penalty cases in the United States Supreme Court, including Skipper v. South Carolina, 476 U.S. 1 (1986), and Simmons v. South Carolina, 512 U.S. 154 (1994), and over 70 capital appeals in state and lower federal courts. He has represented capital defendants at trial in more than 20 cases, including State v. Susan Smith (1995), in which he and co-counsel Judy Clarke obtained a life sentence after their client was convicted of drowning her two small children.
Bruck has testified before U.S. Congressional committees on death penalty-related legislation on nine occasions, has presented CLE trainings and federal judicial workshops on capital litigation in more than thirty states and U.S. territories, and since 2005 has served as Chair of the National Consortium for Capital Defense Training. In 1996 the ABA Section of Litigation selected Bruck to receive the John Minor Wisdom Public Service & Professionalism Award, and in 2001 he received the Significant Contributions to Criminal Justice Award from the California Attorneys for Criminal Justice.
Retired Assistant United States Attorney
Steve Mellin is a recently retired federal prosecutor. He worked for the Department of Justice for over 30 years in offices all over the United States. His career focused on prosecuting violent criminals, including terrorism and death penalty homicide cases. While working in Alexandria, Virginia, Mr. Mellin was involved in the 9-11 terrorism investigations and prosecutions. While at Main Justice, he worked on numerous death penalty cases across the US, culminated his terrorism work with the successful prosecution of the Boston Marathon bomber.
Steve is a graduate of the University of Texas and George Mason University School of Law.
Partner, Ashcroft Law Firm
With more than 20 years government experience, Johnny Sutton has acquired expertise as a front-line trial prosecutor and a top policy advisor to a Governor and a President. Mr. Sutton runs the Austin office of the Ashcroft Law Firm which specializes in internal investigations, white-collar criminal defense and helping companies comply with federal law.
From November 2001 to April 2009, Sutton led one of the largest and busiest United States Attorney’s Offices in the nation. The Western District of Texas covers 93,000 square miles, 68 counties and 660 miles of U.S.-Mexico border. As U.S. Attorney, Mr. Sutton managed more than 300 employees, a $28 million annual budget and directed 43,000 federal prosecutions and thousands of civil cases. Under Mr. Sutton’s leadership, the office led the nation in drug convictions, was second in illegal alien prosecutions, won more than 105 public corruption convictions and sent nearly 400 violent criminal gang members to prison.
In 2003, then-United States Attorney General John Ashcroft appointed Mr. Sutton to the Attorney General’s Advisory Committee—a panel of 17 U.S. Attorneys that advise the General and help carry out the President’s national goals. Sutton served from 2003 until 2009 and was chairman for nearly two years.
After leading the Bush-Cheney Department of Justice Transition Team in 2000, Mr. Sutton was named Associate Deputy Attorney General. He held the position until becoming U.S. Attorney.
From 1995 to 2000, Mr. Sutton served as the Criminal Justice Policy Director for then-Governor George W. Bush. Mr. Sutton was the chief policy advisor to the Governor on all criminal justice issues.
From 1988 to 1995, Mr. Sutton was a prosecutor in the Harris County District Attorney’s Office (Houston, TX) where he tried more than 60 first chair felony jury trials and had only three acquittals. He also successfully tried 17 murder jury trials, including seven for capital murder.
Mr. Sutton attended the University of Texas at Austin on a baseball scholarship where he was a two year lettermen and the starting left fielder for the 1983 University of Texas National Championship baseball team. Mr. Sutton was voted the Most Valuable Player of the NCAA Central Regional Baseball Tournament in 1983. Mr. Sutton is fluent in Spanish and conversant in Portuguese.
Mr. Sutton has dedicated his career to defending the innocent and standing up for the rule of law.
Member, Ifrah Law
After 27 years as a prosecutor, James (“Jim”) Trusty brings to Ifrah Law extensive experience in complex, multi-district white collar litigation, especially in matters involving RICO, The Computer Fraud and Abuse Act, and The Money Laundering Control Act of 1986.
Jim has represented a wide variety of individuals and corporations in the white-collar space. He regularly represents professional athletes, both criminally and civilly, and during 2022 and 2023 he represented President Trump during pre-indictment litigation relating to the Mar-a-Lago and January 6 cases.
Prior to joining Ifrah Law, Jim had a long career in public service, most recently as Chief of the Organized Crime Section at the United States Department of Justice. For seven years, Jim was ultimately responsible for investigating and prosecuting regional, national, and international cases, supervising significant pleadings, and providing strategic and tactical guidance in investigations and multi-defendant trials. In addition to running the RICO Review Unit, which reviewed and approved all criminal RICO cases brought by federal prosecutors, he also was in charge of establishing and promoting policies focused on immigration reform, firearms trafficking, proposed Congressional testimony for DOJ officials, and internet gambling. Significant and sensitive matters on which he worked include the post-conviction review of the Alaska corruption case related to U.S. v. Theodore Stevens and the investigation into allegations of misconduct by a sitting U.S. Attorney and one of her subordinates.
Prior to his work at DOJ, Jim acted as Assistant U.S. Attorney in Greenbelt, Maryland, where he investigated and prosecuted a wide variety of white-collar and other criminal cases, including The Washington area Sniper investigation. He also prosecuted three death penalty cases and was a member of the Attorney General’s Capital Review Committee, responsible for assessing capital-eligible cases such as the Boston Marathon Bomber and the Charleston Church massacre.
In 2018, Jim was appointed by the Governor of Maryland to serve on The Task Force to Study Maryland’s Criminal Gang Statutes. The Task Force assessed the efficacy of existing state laws as they apply to gang-related criminal activity in the state and presented its findings and recommendations to the Governor.
Associate Attorney, Gibson Dunn
David Casazza is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. He practices in the firm’s Appellate and Constitutional Law, and Administrative Law and Regulatory Practice groups.
Mr. Casazza has represented clients in appellate and regulatory litigation before the Supreme Court of the United States, federal appellate courts, and federal district courts. These cases have involved a wide range of subjects including separation of powers, federal rulemaking challenges, data privacy protections, anti-terrorism claims and foreign sovereign immunity, energy infrastructure permitting, and a variety of First Amendment speech and religious liberty claims. He has also represented clients in complex litigation, obtaining dismissal with prejudice of consumer class actions attacking major brand names. He has been named by Best Lawyers as a 2021 and 2022 “One to Watch” in Appellate Practice.
He graduated magna cum laude from Harvard Law School, where he served as a Managing Editor for the Harvard Journal of Law and Public Policy and as Executive Vice President of the Harvard Federalist Society. Mr. Casazza received an A.B. magna cum laude in history from Princeton and an M.A. in history from the Johns Hopkins University.
Mr. Casazza served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and for Judge Jennifer Walker Elrod on the United States Court of Appeals for the Fifth Circuit.
He is a member of the bars of New York and the District of Columbia and is admitted to practice in the United States Courts of Appeals for the Third, Fourth, Fifth, and Ninth Circuits and in the United States District Court for the District of Columbia.
Associate, Wiley Rein LLP
Boyd litigates and provides regulatory advice for a wide variety of telecommunications and technology clients.
Litigation Associate, Weil, Gotshal & Manges LLP
Jill Jacobson is an Appeals and Strategic Counseling and Complex Commercial Litigation associate at Weil, Gotshal & Manges LLP. She is a former law clerk to Judge Aileen M. Cannon on the District Court for the Southern District of Florida and a future law clerk to Judge Elizabeth L. Branch on the Court of Appeals for the Eleventh Circuit.
Jill a fellow emeritus at the Independent Women's Law Center and a Senior Contributor at Young Voices. She has also been a Litigation Contractor at the Institute for Justice. She holds a J.D. from Boston College Law School and a Masters from Northeastern University.
Litigation Director, Center for Individual Rights
Caleb Kruckenberg is CIR’s Litigation Director.
Caleb previously worked as a prosecutor, a public defender, a lobbyist for a national advocacy organization and, most recently, an impact litigator protecting the separation of powers at both the Pacific Legal Foundation and the New Civil Liberties Alliance. He has won major victories against numerous federal agencies, including the U.S. Department of Justice, Department of Labor, Bureau of Alcohol Tobacco and Firearms, and the Securities and Exchange Commission. He is also proud to have sued every U.S. attorney general, eight so far, since he has been litigating against the government on behalf of liberty-minded clients. Caleb has also argued more than 20 times in the U.S. Courts of Appeals, winning cases in 8 of the 12 regional circuit courts.
He graduated cum laude from Temple University Beasley School of Law in Philadelphia, where he was the lead articles editor for the Temple Law Review. Caleb also attended the Pennsylvania Academy of the Fine Arts, where he studied figurative painting.
Sheila M. McDevitt Professor of Law and Faculty Director of the Election Law Center, Florida State University College of Law
Professor Morley joined FSU Law in 2018, and teaches and writes in the areas of election law, constitutional law, remedies, and the federal courts. He is best known for his work on election emergencies and post-election litigation, nationwide and other defendant-oriented injunctions, the jurisdiction of the federal courts and their equitable powers more generally. He has testified before congressional committees, made presentations to election officials for the U.S. Election Assistance Commission and participated in bipartisan blue-ribbon groups to develop election reforms. The governor of Florida also appointed Professor Morley to the Criminal Punishment Code Task Force, to propose potential revisions to the legislature.
The U.S. Supreme Court has cited several of his articles, and he was counsel of record for the successful Petitioner in a landmark campaign finance case. Professor Morley has appeared on C-SPAN, Court TV, Fox News and numerous local news programs, and has been quoted in the Washington Post, Los Angeles Times, Roll Call, Politico, U.S. News and World Report, and a wide range of other national publications. His work has been published in many of the nation’s top law reviews, including the Georgetown Law Journal, Northwestern University Law Review, Boston University Law Review and Emory Law Journal.
Before joining FSU Law, Professor Morley was a Climenko Fellow and Lecturer in Law at Harvard Law School. Prior to his experience in academia, he served in government as special assistant to the General Counsel of the Army at the Pentagon, as well as a law clerk for Judge Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. During his tenure with the Army General Counsel’s office, he was awarded the Meritorious Civilian Service Award and the Army Staff Lapel Pin. He also worked as an associate at Williams & Connolly LLP and the Supreme Court & Appellate group of Winston & Strawn, LLP, both in Washington, D.C.
Professor Morley earned his J.D. from Yale Law School in 2003, where he was a senior editor on the Yale Law Journal; served on the moot court board; and received the Thurman Arnold Prize for Best Oralist in the Morris Tyler Moot Court of Appeals.
Associate, Wiley Rein LLP
Joel S. Nolette is an associate at Wiley Rein LLP, where he advocates on behalf of corporate and individual clients in a broad spectrum of complex litigation matters. In 2017, Joel graduated cum laude from the Georgetown University Law Center, where he served as the Editor in Chief of Volume 15 of the Georgetown Journal of Law and Public Policy. From 2019 to 2021, Joel clerked for the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit; and from 2021 to 2022, he clerked for the Honorable Timothy J. Kelly of the U.S. District Court for the District of Columbia. Before attending law school, Joel graduated summa cum laude from Gordon College in Wenham, MA, with his Bachelor of Arts in Biblical Studies and worked as a letter carrier with the U.S. Postal Service.
Associate Professor, UNH Franklin Pierce School of Law
Zvi S. Rosen is an Associate Professor at UNH Franklin Pierce School of Law and the Faculty Director of the Franklin Pierce Society for Intellectual Property. He has served as a Assistant Professor at the Southern Illinois University School of Law, as a Visiting Assistant Professor at the Maurice A. Deane School of Law at Hofstra University, and as a Visiting Scholar and Professorial Lecturer in Law at George Washington University School of Law.
In 2015-2016, he was the Abraham L. Kaminstein Scholar in Residence at the U.S. Copyright Office. Mr. Rosen received his J.D. from Northwestern University School of Law in 2005 and LLM in Intellectual Property in 2006 from the George Washington University Law School. He has practiced at Fried, Frank, Harris, Shriver & Jacobson LLP as well as smaller firms and his own practice, and clerked for the Hon. Thomas B. Bennett of the U.S. Bankruptcy Court for the Northern District of Alabama. He has written extensively on the development of modern copyright and trademark law, as well as on bankruptcy law.
Associate Attorney, Gibson Dunn
David Casazza is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. He practices in the firm’s Appellate and Constitutional Law, and Administrative Law and Regulatory Practice groups.
Mr. Casazza has represented clients in appellate and regulatory litigation before the Supreme Court of the United States, federal appellate courts, and federal district courts. These cases have involved a wide range of subjects including separation of powers, federal rulemaking challenges, data privacy protections, anti-terrorism claims and foreign sovereign immunity, energy infrastructure permitting, and a variety of First Amendment speech and religious liberty claims. He has also represented clients in complex litigation, obtaining dismissal with prejudice of consumer class actions attacking major brand names. He has been named by Best Lawyers as a 2021 and 2022 “One to Watch” in Appellate Practice.
He graduated magna cum laude from Harvard Law School, where he served as a Managing Editor for the Harvard Journal of Law and Public Policy and as Executive Vice President of the Harvard Federalist Society. Mr. Casazza received an A.B. magna cum laude in history from Princeton and an M.A. in history from the Johns Hopkins University.
Mr. Casazza served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and for Judge Jennifer Walker Elrod on the United States Court of Appeals for the Fifth Circuit.
He is a member of the bars of New York and the District of Columbia and is admitted to practice in the United States Courts of Appeals for the Third, Fourth, Fifth, and Ninth Circuits and in the United States District Court for the District of Columbia.
Associate, Wiley Rein LLP
Boyd litigates and provides regulatory advice for a wide variety of telecommunications and technology clients.
Litigation Associate, Weil, Gotshal & Manges LLP
Jill Jacobson is an Appeals and Strategic Counseling and Complex Commercial Litigation associate at Weil, Gotshal & Manges LLP. She is a former law clerk to Judge Aileen M. Cannon on the District Court for the Southern District of Florida and a future law clerk to Judge Elizabeth L. Branch on the Court of Appeals for the Eleventh Circuit.
Jill a fellow emeritus at the Independent Women's Law Center and a Senior Contributor at Young Voices. She has also been a Litigation Contractor at the Institute for Justice. She holds a J.D. from Boston College Law School and a Masters from Northeastern University.
Litigation Director, Center for Individual Rights
Caleb Kruckenberg is CIR’s Litigation Director.
Caleb previously worked as a prosecutor, a public defender, a lobbyist for a national advocacy organization and, most recently, an impact litigator protecting the separation of powers at both the Pacific Legal Foundation and the New Civil Liberties Alliance. He has won major victories against numerous federal agencies, including the U.S. Department of Justice, Department of Labor, Bureau of Alcohol Tobacco and Firearms, and the Securities and Exchange Commission. He is also proud to have sued every U.S. attorney general, eight so far, since he has been litigating against the government on behalf of liberty-minded clients. Caleb has also argued more than 20 times in the U.S. Courts of Appeals, winning cases in 8 of the 12 regional circuit courts.
He graduated cum laude from Temple University Beasley School of Law in Philadelphia, where he was the lead articles editor for the Temple Law Review. Caleb also attended the Pennsylvania Academy of the Fine Arts, where he studied figurative painting.
Sheila M. McDevitt Professor of Law and Faculty Director of the Election Law Center, Florida State University College of Law
Professor Morley joined FSU Law in 2018, and teaches and writes in the areas of election law, constitutional law, remedies, and the federal courts. He is best known for his work on election emergencies and post-election litigation, nationwide and other defendant-oriented injunctions, the jurisdiction of the federal courts and their equitable powers more generally. He has testified before congressional committees, made presentations to election officials for the U.S. Election Assistance Commission and participated in bipartisan blue-ribbon groups to develop election reforms. The governor of Florida also appointed Professor Morley to the Criminal Punishment Code Task Force, to propose potential revisions to the legislature.
The U.S. Supreme Court has cited several of his articles, and he was counsel of record for the successful Petitioner in a landmark campaign finance case. Professor Morley has appeared on C-SPAN, Court TV, Fox News and numerous local news programs, and has been quoted in the Washington Post, Los Angeles Times, Roll Call, Politico, U.S. News and World Report, and a wide range of other national publications. His work has been published in many of the nation’s top law reviews, including the Georgetown Law Journal, Northwestern University Law Review, Boston University Law Review and Emory Law Journal.
Before joining FSU Law, Professor Morley was a Climenko Fellow and Lecturer in Law at Harvard Law School. Prior to his experience in academia, he served in government as special assistant to the General Counsel of the Army at the Pentagon, as well as a law clerk for Judge Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. During his tenure with the Army General Counsel’s office, he was awarded the Meritorious Civilian Service Award and the Army Staff Lapel Pin. He also worked as an associate at Williams & Connolly LLP and the Supreme Court & Appellate group of Winston & Strawn, LLP, both in Washington, D.C.
Professor Morley earned his J.D. from Yale Law School in 2003, where he was a senior editor on the Yale Law Journal; served on the moot court board; and received the Thurman Arnold Prize for Best Oralist in the Morris Tyler Moot Court of Appeals.
Associate, Wiley Rein LLP
Joel S. Nolette is an associate at Wiley Rein LLP, where he advocates on behalf of corporate and individual clients in a broad spectrum of complex litigation matters. In 2017, Joel graduated cum laude from the Georgetown University Law Center, where he served as the Editor in Chief of Volume 15 of the Georgetown Journal of Law and Public Policy. From 2019 to 2021, Joel clerked for the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit; and from 2021 to 2022, he clerked for the Honorable Timothy J. Kelly of the U.S. District Court for the District of Columbia. Before attending law school, Joel graduated summa cum laude from Gordon College in Wenham, MA, with his Bachelor of Arts in Biblical Studies and worked as a letter carrier with the U.S. Postal Service.
Associate Professor, UNH Franklin Pierce School of Law
Zvi S. Rosen is an Associate Professor at UNH Franklin Pierce School of Law and the Faculty Director of the Franklin Pierce Society for Intellectual Property. He has served as a Assistant Professor at the Southern Illinois University School of Law, as a Visiting Assistant Professor at the Maurice A. Deane School of Law at Hofstra University, and as a Visiting Scholar and Professorial Lecturer in Law at George Washington University School of Law.
In 2015-2016, he was the Abraham L. Kaminstein Scholar in Residence at the U.S. Copyright Office. Mr. Rosen received his J.D. from Northwestern University School of Law in 2005 and LLM in Intellectual Property in 2006 from the George Washington University Law School. He has practiced at Fried, Frank, Harris, Shriver & Jacobson LLP as well as smaller firms and his own practice, and clerked for the Hon. Thomas B. Bennett of the U.S. Bankruptcy Court for the Northern District of Alabama. He has written extensively on the development of modern copyright and trademark law, as well as on bankruptcy law.
Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime
Marc A. Levin is the Chief Policy Counsel for the Council on Criminal Justice (counciloncj.org) and Senior Advisor for Right on Crime.
An attorney and accomplished author on legal and public policy issues, Marc began the Foundation’s criminal justice program in 2005. This work contributed to nationally praised policy changes that have been followed by dramatic declines in crime and incarceration in Texas. Building on this success, in 2010, Levin developed the concept for the Right on Crime initiative, a TPPF project in partnership with Prison Fellowship and the American Conservative Union Foundation. Right on Crime has become the national clearinghouse for conservative criminal justice reforms and has contributed to the adoption of policies in dozens of states that fight crime, support victims, and protect taxpayers.
In 2014, Levin was named one of the “Politico 50” in the magazine’s annual “list of thinkers, doers, and dreamers who really matter in this age of gridlock and dysfunction.”
Marc has testified on criminal justice policy on four occasions before Congress and has testified before legislatures in states including Texas, Nevada, Kansas, Wisconsin, and California. He also has met personally with leaders such as U.S. Presidents, Speakers of the House, and the Justice Commtitee of the United Kingdom Parliament to share his ideas on criminal justice reform. In 2007, he was honored in a resolution unanimously passed by the Texas House of Representatives that stated, “Mr. Levin’s intellect is unparalleled and his research is impeccable.”
Since 2005, Marc has published dozens of policy papers on topics such as sentencing, probation, parole, reentry, and overcriminalization which are available on the TPPF website. Levin’s articles on law and public policy have been featured in publications such as the Wall Street Journal, USA Today, Texas Review of Law & Politics, National Law Journal, New York Daily News, Jerusalem Post, Toronto Star, Atlanta Journal-Constitution, Philadelphia Inquirer, San Francisco Chronicle, Washington Times, Los Angeles Daily Journal, Charlotte Observer, Dallas Morning News, Houston Chronicle, Austin American-Statesman, San Antonio Express-News and Reason Magazine.
In 1999, Marc graduated with honors from the University of Texas with a B.A. in Plan II Honors and Government. In 2002, Marc received his J.D. with honors from the University of Texas School of Law. Marc was a Charles G. Koch Summer Fellow in 1996. He served as a law clerk to Judge Will Garwood on the U.S. Court of Appeals for the Fifth Circuit and Staff Attorney at the Texas Supreme Court.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Founder & President, Due Process Institute
Shana founded the Due Process Institute because, after years of first-hand defense work and criminal legal reform advocacy, she became convinced that the Constitution needed and deserved its own lobbying firm--particularly in the area of procedural due process rights.
With 20 years of project management, lobbying, legal defense, and teaching experience, Shana's goal is to achieve meaningful solutions to as many of these problems, in the shortest amount of time possible, for the betterment of as many people as possible, as well as to prevent any of it from getting worse on her watch.
Chancellor’s Professor of Law, UC Irvine School of Law
Professor Simons is a leading scholar of tort law, criminal law, and law and philosophy and Co-director of the Center for Legal Philosophy. He has served since 2014 as Chief Reporter for the American Law Institute’s Restatement Third of Torts: Intentional Torts to Persons. In January 2019, he was the recipient of the 2019 William L. Prosser Award by the Association of American Law Schools Section on Torts and Compensation Systems, which recognizes “outstanding contributions of law teachers in scholarship, teaching and service” related to tort law and compensation systems.
Professor Simons has published influential scholarship concerning consent, assumption of risk and contributory negligence; the nature and role of mental states in criminal, tort and constitutional law; and negligence as a moral and legal concept. He has also explored such topics as bias crimes, corrective justice, the logic of egalitarian norms, mistake and impossibility in criminal law, and strict criminal liability.
Before joining UC Irvine School of Law, Prof. Simons was Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar in Law at Boston University School of Law. He was a law clerk to U.S. Supreme Court Justice Thurgood Marshall and to Judge James L. Oakes, U.S. Court of Appeals for the Second Circuit. Prof. Simons also worked as an associate at Goodwin, Procter & Hoar in Boston, in the field of civil litigation. He received his J.D. from Michigan Law School, magna cum laude, and graduated from Yale University, summa cum laude, with a B.A. in philosophy.
Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime
Marc A. Levin is the Chief Policy Counsel for the Council on Criminal Justice (counciloncj.org) and Senior Advisor for Right on Crime.
An attorney and accomplished author on legal and public policy issues, Marc began the Foundation’s criminal justice program in 2005. This work contributed to nationally praised policy changes that have been followed by dramatic declines in crime and incarceration in Texas. Building on this success, in 2010, Levin developed the concept for the Right on Crime initiative, a TPPF project in partnership with Prison Fellowship and the American Conservative Union Foundation. Right on Crime has become the national clearinghouse for conservative criminal justice reforms and has contributed to the adoption of policies in dozens of states that fight crime, support victims, and protect taxpayers.
In 2014, Levin was named one of the “Politico 50” in the magazine’s annual “list of thinkers, doers, and dreamers who really matter in this age of gridlock and dysfunction.”
Marc has testified on criminal justice policy on four occasions before Congress and has testified before legislatures in states including Texas, Nevada, Kansas, Wisconsin, and California. He also has met personally with leaders such as U.S. Presidents, Speakers of the House, and the Justice Commtitee of the United Kingdom Parliament to share his ideas on criminal justice reform. In 2007, he was honored in a resolution unanimously passed by the Texas House of Representatives that stated, “Mr. Levin’s intellect is unparalleled and his research is impeccable.”
Since 2005, Marc has published dozens of policy papers on topics such as sentencing, probation, parole, reentry, and overcriminalization which are available on the TPPF website. Levin’s articles on law and public policy have been featured in publications such as the Wall Street Journal, USA Today, Texas Review of Law & Politics, National Law Journal, New York Daily News, Jerusalem Post, Toronto Star, Atlanta Journal-Constitution, Philadelphia Inquirer, San Francisco Chronicle, Washington Times, Los Angeles Daily Journal, Charlotte Observer, Dallas Morning News, Houston Chronicle, Austin American-Statesman, San Antonio Express-News and Reason Magazine.
In 1999, Marc graduated with honors from the University of Texas with a B.A. in Plan II Honors and Government. In 2002, Marc received his J.D. with honors from the University of Texas School of Law. Marc was a Charles G. Koch Summer Fellow in 1996. He served as a law clerk to Judge Will Garwood on the U.S. Court of Appeals for the Fifth Circuit and Staff Attorney at the Texas Supreme Court.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Founder & President, Due Process Institute
Shana founded the Due Process Institute because, after years of first-hand defense work and criminal legal reform advocacy, she became convinced that the Constitution needed and deserved its own lobbying firm--particularly in the area of procedural due process rights.
With 20 years of project management, lobbying, legal defense, and teaching experience, Shana's goal is to achieve meaningful solutions to as many of these problems, in the shortest amount of time possible, for the betterment of as many people as possible, as well as to prevent any of it from getting worse on her watch.
Chancellor’s Professor of Law, UC Irvine School of Law
Professor Simons is a leading scholar of tort law, criminal law, and law and philosophy and Co-director of the Center for Legal Philosophy. He has served since 2014 as Chief Reporter for the American Law Institute’s Restatement Third of Torts: Intentional Torts to Persons. In January 2019, he was the recipient of the 2019 William L. Prosser Award by the Association of American Law Schools Section on Torts and Compensation Systems, which recognizes “outstanding contributions of law teachers in scholarship, teaching and service” related to tort law and compensation systems.
Professor Simons has published influential scholarship concerning consent, assumption of risk and contributory negligence; the nature and role of mental states in criminal, tort and constitutional law; and negligence as a moral and legal concept. He has also explored such topics as bias crimes, corrective justice, the logic of egalitarian norms, mistake and impossibility in criminal law, and strict criminal liability.
Before joining UC Irvine School of Law, Prof. Simons was Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar in Law at Boston University School of Law. He was a law clerk to U.S. Supreme Court Justice Thurgood Marshall and to Judge James L. Oakes, U.S. Court of Appeals for the Second Circuit. Prof. Simons also worked as an associate at Goodwin, Procter & Hoar in Boston, in the field of civil litigation. He received his J.D. from Michigan Law School, magna cum laude, and graduated from Yale University, summa cum laude, with a B.A. in philosophy.
Of Counsel, Holtzman Vogel
Erielle Azerrad is Of Counsel with Holtzman Vogel and focuses her practice on commercial litigation, appellate law, and constitutional law matters.
Prior to joining the firm, Erielle clerked for the Honorable Steven J. Menashi on the U.S. Court of Appeals for the Second Circuit.
Erielle is also a co-founder of the Center for the Middle East and International Law through the Antonin Scalia Law School at George Mason University.
Deputy Solicitor General, Ohio
Jana serves in the Office of the Solicitor General as a Deputy Solicitor General. In that role, she works with the Solicitor General on the State’s major appellate cases. She also represents the State of Ohio in the Ohio Supreme Court and in the United States Court of Appeals for the Sixth Circuit.
Before joining the office, Jana clerked for Judge John B. Nalbandian of the United States Court of Appeals for the Sixth Circuit and for Judge Allison Jones Rushing of the United States Court of Appeals for the Fourth Circuit.
Director, Project on Criminal Justice, Cato Institute
Matthew Cavedon is the Director of the Cato Institute’s Project on Criminal Justice. He focuses on reforming plea-driven mass adjudication, ensuring police accountability, and defending constitutional criminal originalism. Cavedon’s scholarship has been published (or is forthcoming in) publications including the Arizona State Law Journal, Cato Supreme Court Review, Seattle University Law Review, and Georgetown Journal of Law and Public Policy. Formerly a Georgia public defender and fellow at the Institute for Justice, Cavedon has taught law school courses on criminal law and procedure, as well as the First Amendment. Cavedon clerked for a U.S. district court and the Supreme Court of Georgia. He came to Cato following a fellowship at the Emory University Center for the Study of Law and Religion.
Counsel, The Becket Fund for Religious Liberty
Amanda Dixon is counsel at the Becket Fund for Religious Liberty, where her practice focuses on First Amendment litigation at the trial and appellate levels. Before coming to Becket, she served as a law clerk to the Honorable Allison Jones Rushing of the U.S. Court of Appeals for the Fourth Circuit and the Honorable James C. Dever III of the U.S. District Court for the Eastern District of North Carolina.
Sheila M. McDevitt Professor of Law and Faculty Director of the Election Law Center, Florida State University College of Law
Professor Morley joined FSU Law in 2018, and teaches and writes in the areas of election law, constitutional law, remedies, and the federal courts. He is best known for his work on election emergencies and post-election litigation, nationwide and other defendant-oriented injunctions, the jurisdiction of the federal courts and their equitable powers more generally. He has testified before congressional committees, made presentations to election officials for the U.S. Election Assistance Commission and participated in bipartisan blue-ribbon groups to develop election reforms. The governor of Florida also appointed Professor Morley to the Criminal Punishment Code Task Force, to propose potential revisions to the legislature.
The U.S. Supreme Court has cited several of his articles, and he was counsel of record for the successful Petitioner in a landmark campaign finance case. Professor Morley has appeared on C-SPAN, Court TV, Fox News and numerous local news programs, and has been quoted in the Washington Post, Los Angeles Times, Roll Call, Politico, U.S. News and World Report, and a wide range of other national publications. His work has been published in many of the nation’s top law reviews, including the Georgetown Law Journal, Northwestern University Law Review, Boston University Law Review and Emory Law Journal.
Before joining FSU Law, Professor Morley was a Climenko Fellow and Lecturer in Law at Harvard Law School. Prior to his experience in academia, he served in government as special assistant to the General Counsel of the Army at the Pentagon, as well as a law clerk for Judge Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. During his tenure with the Army General Counsel’s office, he was awarded the Meritorious Civilian Service Award and the Army Staff Lapel Pin. He also worked as an associate at Williams & Connolly LLP and the Supreme Court & Appellate group of Winston & Strawn, LLP, both in Washington, D.C.
Professor Morley earned his J.D. from Yale Law School in 2003, where he was a senior editor on the Yale Law Journal; served on the moot court board; and received the Thurman Arnold Prize for Best Oralist in the Morris Tyler Moot Court of Appeals.
Partner, Baker & Hostetler LLP
Richard Raile is a partner at Baker Hostetler, where he is a member of their Litigation team. He focuses his practice on appeals and major motions. He frequently plays the principal role in drafting briefs for clients and in delivering oral argument, including on dispositive motions, bench trials and appeals. He has represented parties and amici curiae at every level of the judiciary, from trial courts to merits litigation in the U.S. Supreme Court and state supreme courts.
His litigation experience runs the gamut of subject matters, including everything from commercial, civil rights, constitutional, campaign finance, voting rights, labor and bankruptcy law.
Of Counsel, Holtzman Vogel
Erielle Azerrad is Of Counsel with Holtzman Vogel and focuses her practice on commercial litigation, appellate law, and constitutional law matters.
Prior to joining the firm, Erielle clerked for the Honorable Steven J. Menashi on the U.S. Court of Appeals for the Second Circuit.
Erielle is also a co-founder of the Center for the Middle East and International Law through the Antonin Scalia Law School at George Mason University.
Deputy Solicitor General, Ohio
Jana serves in the Office of the Solicitor General as a Deputy Solicitor General. In that role, she works with the Solicitor General on the State’s major appellate cases. She also represents the State of Ohio in the Ohio Supreme Court and in the United States Court of Appeals for the Sixth Circuit.
Before joining the office, Jana clerked for Judge John B. Nalbandian of the United States Court of Appeals for the Sixth Circuit and for Judge Allison Jones Rushing of the United States Court of Appeals for the Fourth Circuit.
Director, Project on Criminal Justice, Cato Institute
Matthew Cavedon is the Director of the Cato Institute’s Project on Criminal Justice. He focuses on reforming plea-driven mass adjudication, ensuring police accountability, and defending constitutional criminal originalism. Cavedon’s scholarship has been published (or is forthcoming in) publications including the Arizona State Law Journal, Cato Supreme Court Review, Seattle University Law Review, and Georgetown Journal of Law and Public Policy. Formerly a Georgia public defender and fellow at the Institute for Justice, Cavedon has taught law school courses on criminal law and procedure, as well as the First Amendment. Cavedon clerked for a U.S. district court and the Supreme Court of Georgia. He came to Cato following a fellowship at the Emory University Center for the Study of Law and Religion.
Counsel, The Becket Fund for Religious Liberty
Amanda Dixon is counsel at the Becket Fund for Religious Liberty, where her practice focuses on First Amendment litigation at the trial and appellate levels. Before coming to Becket, she served as a law clerk to the Honorable Allison Jones Rushing of the U.S. Court of Appeals for the Fourth Circuit and the Honorable James C. Dever III of the U.S. District Court for the Eastern District of North Carolina.
Sheila M. McDevitt Professor of Law and Faculty Director of the Election Law Center, Florida State University College of Law
Professor Morley joined FSU Law in 2018, and teaches and writes in the areas of election law, constitutional law, remedies, and the federal courts. He is best known for his work on election emergencies and post-election litigation, nationwide and other defendant-oriented injunctions, the jurisdiction of the federal courts and their equitable powers more generally. He has testified before congressional committees, made presentations to election officials for the U.S. Election Assistance Commission and participated in bipartisan blue-ribbon groups to develop election reforms. The governor of Florida also appointed Professor Morley to the Criminal Punishment Code Task Force, to propose potential revisions to the legislature.
The U.S. Supreme Court has cited several of his articles, and he was counsel of record for the successful Petitioner in a landmark campaign finance case. Professor Morley has appeared on C-SPAN, Court TV, Fox News and numerous local news programs, and has been quoted in the Washington Post, Los Angeles Times, Roll Call, Politico, U.S. News and World Report, and a wide range of other national publications. His work has been published in many of the nation’s top law reviews, including the Georgetown Law Journal, Northwestern University Law Review, Boston University Law Review and Emory Law Journal.
Before joining FSU Law, Professor Morley was a Climenko Fellow and Lecturer in Law at Harvard Law School. Prior to his experience in academia, he served in government as special assistant to the General Counsel of the Army at the Pentagon, as well as a law clerk for Judge Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. During his tenure with the Army General Counsel’s office, he was awarded the Meritorious Civilian Service Award and the Army Staff Lapel Pin. He also worked as an associate at Williams & Connolly LLP and the Supreme Court & Appellate group of Winston & Strawn, LLP, both in Washington, D.C.
Professor Morley earned his J.D. from Yale Law School in 2003, where he was a senior editor on the Yale Law Journal; served on the moot court board; and received the Thurman Arnold Prize for Best Oralist in the Morris Tyler Moot Court of Appeals.
Partner, Baker & Hostetler LLP
Richard Raile is a partner at Baker Hostetler, where he is a member of their Litigation team. He focuses his practice on appeals and major motions. He frequently plays the principal role in drafting briefs for clients and in delivering oral argument, including on dispositive motions, bench trials and appeals. He has represented parties and amici curiae at every level of the judiciary, from trial courts to merits litigation in the U.S. Supreme Court and state supreme courts.
His litigation experience runs the gamut of subject matters, including everything from commercial, civil rights, constitutional, campaign finance, voting rights, labor and bankruptcy law.
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A Seat at the Sitting - December 2025
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Discussing Attempts to Address Federal Overcriminalization
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Discussing Attempts to Address Federal Overcriminalization
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A recent executive order entitled “Fighting Overcriminalization in Federal Regulations” and two congressional proposals: the...
Crime, Cities, and the Guard: The Legal and Policy Dimensions of Domestic Troop Deployment
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A Seat at the Sitting - October 2025
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The October Docket in 90 Minutes or Less
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - October 2025
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The October Docket in 90 Minutes or Less
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
Topics
Judge or Jury: Who Decides Threshold Exhaustion Questions Under the PLRA?
Who decides? The answer to this fundamental question matters not only for the allocation of...