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.
Columnist, The Washington Post
Richard Cohen writes a weekly political column for The Washington Post. He also contributes to the PostPartisan blog. Cohen joined The Post in 1968 as a reporter and covered night police, city hall, education, state government and national politics. As the paper’s chief Maryland correspondent, he was one of two reporters who broke the story of the investigation of former Vice President Agnew. In 1976, he began writing a column that ran on the front of the Metro section. His columns have appeared on the op-ed page of The Post since 1984. He is the author, with Jules Witcover, of “A Heartbeat Away: The Investigation and Resignation of Spiro T. Agnew ” (1974). He has received the Sigma Delta Chi and Washington-Baltimore Newspaper Guild Awards for his investigative reporting.
Managing Director and Co-Chair, Communications, Media, and Internet Practice, NERA Economic Consulting
Dr. Eisenach is a Managing Director and Co-Chair of NERA's Communications, Media, and Internet Practice, and also serves on the firm’s Board of Directors. He is also an Adjunct Professor at George Mason University Law School, where he teaches Regulated Industries, and a Visiting Scholar at the American Enterprise Institute. Previously, Dr. Eisenach has served in senior policy positions at the US Federal Trade Commission and the White House Office of Management and Budget, and taught at Harvard University's Kennedy School of Government and Virginia Polytechnic Institute and State University.
Dr. Eisenach's consulting practice focuses on economic analysis of competition, regulatory, intellectual property and consumer protection issues. He has submitted expert reports and testified in US federal court as well before the Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission, the Copyright Royalty Board, the Federal Communications Commission, the International Trade Commission, US Tax Court, several state public utility commissions, and courts and regulatory bodies in Australia, Canada, the United Kingdom, the Caribbean, and South America. He has also advised clients in some of the world’s largest information technology sector mergers.
He has written or edited 19 books and monographs, including Broadband Competition in the Internet Ecosystem and Competition, Innovation and the Microsoft Monopoly: Antitrust in the Digital Marketplace. His writings have also appeared in scholarly journals such as The Review of Network Economics, as well as in popular outlets like Forbes, The New York Times, and The Wall Street Journal.
Prior to joining NERA, Dr. Eisenach was a managing director and principal at Navigant Economics, and before that he served as Chairman of Empiris LLC, Criterion Economics, and CapAnalysis, LLC. Among his other previous affiliations, Dr. Eisenach has served as President and Senior Fellow at The Progress & Freedom Foundation; as a scholar the Heritage Foundation, and the Hudson Institute; as a member of the 1980-81 Reagan-Bush Transition Team on the Federal Trade Commission, the 2000-2001 Bush-Cheney Transition Team on the Federal Communications Commission, the Virginia Governor's Commission on E-Communities, and the Virginia Attorney General's Task Force on Identity Theft. In 2016-2017 he led the Trump-Pence Transition Team for the Federal Communications Commission.
Dr. Eisenach received his PhD in economics from the University of Virginia and his BA in economics from Claremont McKenna College.
Former United States Representative, 14th Congressional District of Texas
PAUL, Ronald Ernest, (father of Rand Paul), a Representative from Texas; born in Pittsburgh, Allegheny County, Pa., August 20, 1935; graduated from Dormont High School, Dormont, Pa., 1953; B.A., Gettysburg College, Gettysburg, Pa., 1957; M.D., Duke University Medical Center, Durham, N.C., 1961; internship and residency training, Henry Ford Hospital, Detroit, Mich., 1961 and 1962; obstetrics and gynecology training, University of Pittsburgh, Pittsburgh, Pa., 1965-1968; medical doctor; United States Air Force, 1963-1965; United States Air National Guard, 1965-1968; delegate, Texas state Republican convention, 1974; unsuccessful candidate for election to the Ninety-fourth Congress in 1974; elected as a Republican to the Ninety-fourth Congress, by special election to fill the vacancy created by the resignation of United States Representative Robert R. Casey (April 3, 1976-January 3, 1977); unsuccessful candidate for reelection to the Ninety-fifth Congress in 1976; elected to the Ninety-sixth and to the two succeeding Congresses (January 3, 1979-January 3, 1985); was not a candidate for reelection to the House of Representatives in 1984, but was an unsuccessful candidate for nomination to the United States Senate; author; unsuccessful Libertarian Party candidate for election for President of the United States in 1988; elected as a Republican to the One Hundred Fifth and to the seven succeeding Congresses (January 3, 1997-January 3, 2013); unsuccessful candidate for the Republican presidential nomination in 2008; unsuccessful candidate for the Republican presidential nomination in 2012; was not a candidate for reelection to the One Hundred Thirteenth Congress in 2012.
Former Assistant Attorney General, U.S. Department of Justice, Civil Division
During the Reagan Administration, Richard Willard served as Assistant Attorney General in charge of the Civil Division, the largest litigation division of the US Department of Justice. There, he chaired the Reagan Administration's Tort Policy Working Group and developed its proposals for reforming civil litigation, workplace drug testing, and preventing unauthorized disclosure of classified information.
More recently, he served as senior vice president and general counsel for Bristol-Myers Squibb Co. and Gillette Company, where he led large worldwide legal departments, advised on strategic transactions, and enabled launch of new products with strong intellectual property protection.
Mr. Willard's private practice involved corporate counseling and litigation of cases raising public policy concerns. He served as lead counsel in complex litigation involving multiple claims, parties, and jurisdictions. He frequently appeared in trial and appellate courts around the country, including six arguments in the Supreme Court.
Columnist, The Washington Post
Richard Cohen writes a weekly political column for The Washington Post. He also contributes to the PostPartisan blog. Cohen joined The Post in 1968 as a reporter and covered night police, city hall, education, state government and national politics. As the paper’s chief Maryland correspondent, he was one of two reporters who broke the story of the investigation of former Vice President Agnew. In 1976, he began writing a column that ran on the front of the Metro section. His columns have appeared on the op-ed page of The Post since 1984. He is the author, with Jules Witcover, of “A Heartbeat Away: The Investigation and Resignation of Spiro T. Agnew ” (1974). He has received the Sigma Delta Chi and Washington-Baltimore Newspaper Guild Awards for his investigative reporting.
Managing Director and Co-Chair, Communications, Media, and Internet Practice, NERA Economic Consulting
Dr. Eisenach is a Managing Director and Co-Chair of NERA's Communications, Media, and Internet Practice, and also serves on the firm’s Board of Directors. He is also an Adjunct Professor at George Mason University Law School, where he teaches Regulated Industries, and a Visiting Scholar at the American Enterprise Institute. Previously, Dr. Eisenach has served in senior policy positions at the US Federal Trade Commission and the White House Office of Management and Budget, and taught at Harvard University's Kennedy School of Government and Virginia Polytechnic Institute and State University.
Dr. Eisenach's consulting practice focuses on economic analysis of competition, regulatory, intellectual property and consumer protection issues. He has submitted expert reports and testified in US federal court as well before the Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission, the Copyright Royalty Board, the Federal Communications Commission, the International Trade Commission, US Tax Court, several state public utility commissions, and courts and regulatory bodies in Australia, Canada, the United Kingdom, the Caribbean, and South America. He has also advised clients in some of the world’s largest information technology sector mergers.
He has written or edited 19 books and monographs, including Broadband Competition in the Internet Ecosystem and Competition, Innovation and the Microsoft Monopoly: Antitrust in the Digital Marketplace. His writings have also appeared in scholarly journals such as The Review of Network Economics, as well as in popular outlets like Forbes, The New York Times, and The Wall Street Journal.
Prior to joining NERA, Dr. Eisenach was a managing director and principal at Navigant Economics, and before that he served as Chairman of Empiris LLC, Criterion Economics, and CapAnalysis, LLC. Among his other previous affiliations, Dr. Eisenach has served as President and Senior Fellow at The Progress & Freedom Foundation; as a scholar the Heritage Foundation, and the Hudson Institute; as a member of the 1980-81 Reagan-Bush Transition Team on the Federal Trade Commission, the 2000-2001 Bush-Cheney Transition Team on the Federal Communications Commission, the Virginia Governor's Commission on E-Communities, and the Virginia Attorney General's Task Force on Identity Theft. In 2016-2017 he led the Trump-Pence Transition Team for the Federal Communications Commission.
Dr. Eisenach received his PhD in economics from the University of Virginia and his BA in economics from Claremont McKenna College.
Former United States Representative, 14th Congressional District of Texas
PAUL, Ronald Ernest, (father of Rand Paul), a Representative from Texas; born in Pittsburgh, Allegheny County, Pa., August 20, 1935; graduated from Dormont High School, Dormont, Pa., 1953; B.A., Gettysburg College, Gettysburg, Pa., 1957; M.D., Duke University Medical Center, Durham, N.C., 1961; internship and residency training, Henry Ford Hospital, Detroit, Mich., 1961 and 1962; obstetrics and gynecology training, University of Pittsburgh, Pittsburgh, Pa., 1965-1968; medical doctor; United States Air Force, 1963-1965; United States Air National Guard, 1965-1968; delegate, Texas state Republican convention, 1974; unsuccessful candidate for election to the Ninety-fourth Congress in 1974; elected as a Republican to the Ninety-fourth Congress, by special election to fill the vacancy created by the resignation of United States Representative Robert R. Casey (April 3, 1976-January 3, 1977); unsuccessful candidate for reelection to the Ninety-fifth Congress in 1976; elected to the Ninety-sixth and to the two succeeding Congresses (January 3, 1979-January 3, 1985); was not a candidate for reelection to the House of Representatives in 1984, but was an unsuccessful candidate for nomination to the United States Senate; author; unsuccessful Libertarian Party candidate for election for President of the United States in 1988; elected as a Republican to the One Hundred Fifth and to the seven succeeding Congresses (January 3, 1997-January 3, 2013); unsuccessful candidate for the Republican presidential nomination in 2008; unsuccessful candidate for the Republican presidential nomination in 2012; was not a candidate for reelection to the One Hundred Thirteenth Congress in 2012.
Former Assistant Attorney General, U.S. Department of Justice, Civil Division
During the Reagan Administration, Richard Willard served as Assistant Attorney General in charge of the Civil Division, the largest litigation division of the US Department of Justice. There, he chaired the Reagan Administration's Tort Policy Working Group and developed its proposals for reforming civil litigation, workplace drug testing, and preventing unauthorized disclosure of classified information.
More recently, he served as senior vice president and general counsel for Bristol-Myers Squibb Co. and Gillette Company, where he led large worldwide legal departments, advised on strategic transactions, and enabled launch of new products with strong intellectual property protection.
Mr. Willard's private practice involved corporate counseling and litigation of cases raising public policy concerns. He served as lead counsel in complex litigation involving multiple claims, parties, and jurisdictions. He frequently appeared in trial and appellate courts around the country, including six arguments in the Supreme Court.
Partner, Wiley Rein
Brandon defends companies and their executives in complex civil and criminal cases involving alleged healthcare fraud, the False Claims Act (FCA), whistleblower allegations, the Foreign Corrupt Practices Act (FCPA), antitrust, regulatory violations, and contract and procurement fraud. She has extensive experience shepherding life sciences companies, government contractors, not-for-profits, and technology companies through internal investigations and responding to subpoenas and civil investigative demands (CIDs). She also advises a broad range of companies on compliance programs, privacy, telecommunications, compliance, Team Telecom, and new media issues.
Partner, Wiley Rein LLP
Mark represents government contractors and telecommunications companies facing federal investigations, whistleblower complaints, and civil enforcement actions. He navigates responses to civil investigative demands from the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC), as well as inquiries and subpoenas from the Federal Communications Commission (FCC), Inspectors General, and Congress. He also leads internal investigations for companies to assess potential misconduct by employees. Mark is a co-chair of Wiley Rein’s Communications Enforcement & Compliance Group.
Partner, Baker & Hostetler LLP
Lee A. Casey focuses on federal environmental, constitutional and international law and Alien Tort Statute issues. He also advises clients on compliance issues under the Foreign Corrupt Practices Act (FCPA), U.S. trade sanctions regimes, and federal ethics requirements. Mr. Casey’s practice includes federal, district and appellate court litigation, as well as matters before federal agencies. Prior to joining BakerHostetler, Mr. Casey was an associate with Hunton & Williams, practicing in international, environmental and constitutional law. From 2004 through 2007 he served as an member of the United Nations Subcommission on the Promotion and Protection of Human Rights.
From 1986 to 1993, Mr. Casey served in various capacities in the federal government, including the Office of Legal Policy (1986-90) and the Office of Legal Counsel (1992-93) at the U.S. Department of Justice and served as Deputy Associate General Counsel at the U.S. Department of Energy (1990-92). The Office of Legal Counsel is responsible for advising the Attorney General and the White House on issues of constitutional law and statutory interpretation. The Office of Legal Policy served as a strategic “think tank” for the Reagan Justice Department and was responsible for reviewing candidates for appointments to the federal bench.
Before joining the government in 1986, Mr. Casey was an associate in the Los Angeles firm of Mitchell, Silberberg & Knupp, practicing in the litigation section, with an emphasis on copyright, contract and First Amendment issues. From 1984 to 1985, Mr. Casey served as Law Clerk to the Honorable Alex Kozinski, then Chief Judge of the United States Claims Court. From 1982 to 1984, he practiced at the Detroit firm of Dykema Gossett, focusing on corporate, securities, commercial and intellectual property litigation, and from 1990 through 1994, he served as an Adjunct Professor of Law at George Mason University School of Law in Arlington, Virginia.
Among the chapters, articles and papers that Mr. Casey has authored or co-authored are: “International Law and the Nation-State at the U.N.,” Reclaiming the Language of Freedom at the United Nations: A Guide for U.S. Policymakers, The Heritage Foundation (2006) (with David B. Rivkin, Jr.); “The Dangerous Myth of Universal Jurisdiction,” A Country I Do Not Recognize (ed. Robert H. Bork) (2005) (with David B. Rivkin, Jr.); “Leashing the Dogs of War,” The National Interest (Fall 2003) (with David B. Rivkin, Jr.); “The Limits of Legitimacy: The Rome Statute’s Unlawful Application to Non-State Parties,” 44 Va.J.Int’l L. 63 (Fall 2003) (with David B. Rivkin, Jr.); “Devil’s Advocates: The Danger of Judging Lawyers By Their Clients,” Policy Review (Feb. and Mar. 2002) (with David B. Rivkin, Jr.); “The Case Against the International Criminal Court,” 25 Fordham Int’l L.J. 840 (2002); “Europe in the Balance: The Alarmingly Undemocratic Drift of the European Union,” Policy Review (June and July 2001) (with David B. Rivkin Jr.); “Against an International Criminal Court,” Commentary, May 1998 (with David B. Rivkin, Jr.); “Federalism (Cont’d.),” Commentary, December 1996 (with David B. Rivkin, Jr.); “Presidents and War Powers: Another View,” Common Sense, Winter 1996 (with David B. Rivkin, Jr.); “How Binding Are Contracts?” The American Enterprise, Nov./Dec. 1993 (with David B. Rivkin, Jr.); and “Pirate Constitutionalism: An Essay in Self-Government,” 8 J. of L. & Politics 477 (1992).
Mr. Casey is a member of the California, Michigan and District of Columbia Bar Associations.
Partner, Lehotsky Keller LLP
The New York Times recognized Scott A. Keller as a “legal heavyweight,” who “is praised by opponents as a formidable advocate.”
Mr. Keller has argued 12 cases before the U.S. Supreme Court and 12 cases before the Texas Supreme Court. He is the only practicing lawyer to have argued at least 10 cases in both courts. Mr. Keller frequently represents parties in high stakes appeals, and he has argued many cases in federal courts of appeals throughout the nation. He has earned individual accolades from Lawdragon 500 Leading Litigators in America, Chambers, Legal 500, The American Lawyer, The National Law Journal, Law360, Super Lawyers, The Best Lawyers in America, and other publications.
Before founding Lehotsky Keller Cohn LLP, Mr. Keller headed Baker Botts LLP’s Supreme Court Practice. He also has significant experience at the highest levels in all three branches of government. Mr. Keller served as the Solicitor General of Texas, the State’s chief appellate litigator. He was U.S. Senator Ted Cruz’s chief counsel on the Senate Judiciary Committee. Mr. Keller was a law clerk for Justice Anthony Kennedy of the Supreme Court of the United States and Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit. He was also a Bristow Fellow in the U.S. Department of Justice’s Office of the Solicitor General.
Mr. Keller represents clients in cases where public communications strategy is crucial, and he has made numerous media appearances in major outlets such as The New York Times, The Wall Street Journal, BBC, Fox News, NPR, and Politico. As a sought after speaker and writer, Mr. Keller’s articles have appeared in the Stanford Law Review, Virginia Law Review, and Texas Law Review. He has also served as an adjunct professor of constitutional litigation, Supreme Court practice, and federal courts at the University of Texas School of Law.
Judge, United States Court of Appeals, D.C. Circuit
Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990.
Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude. Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.
After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.
Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.
After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977.
In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.
In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.
From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.
As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions. In 1992 he taught a course in constitutional law. He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law. He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman. He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.
Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus. In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School. In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society. He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.
Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist living in San Francisco.
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Partner, McGuireWoods LLP
George Terwilliger is co-head of the firm's white collar practice and leads the firm's Strategic Response and Crisis Management practice group. Following his fifteen years of public service in the US Department of Justice, where he began as a law clerk and concluded as Acting Attorney General, George has provided counsel in government and internal investigations, agency enforcement proceedings and in civil and criminal litigation. He has represented many of the nation's and the world's largest corporations, including major financial institutions, energy companies, public institutions as well as leading business and government officials, including members of the US Senate and House as well as cabinet officials. He has also represented lawyers and corporate legal departments in investigations. As a result of both his private sector work and government positions, George is called upon to provide counsel as well as commentary to government officials, Congress and private organizations on national security, homeland defense, terrorism, and other public policy and legal issues. George's work regularly involves providing counsel in the executive suites and boardrooms of major corporations.
In private practice for international law firms, George has represented national and international financial, energy, telecommunications, industrial and healthcare companies. He is a recognized expert in leading credible corporate internal investigations and his experience designing and executing both targeted and global legal compliance reviews has involved work in more than 60 countries around the globe. George is an expert on the Foreign Corrupt Practices Act and regularly provides counsel to companies addressing FCPA issues. No stranger to high stakes litigation and crisis events, George helped lead the Bush-Cheney legal team in the 2000 Florida vote recount, served as special outside counsel to a Senate committee investigating vote fraud allegations, served as counsel to an executive commission on gambling, and has represented many clients in politically charged election law and similar cases. He has guided corporations and individual through high stakes matters of intense public interest. He represented an incumbent president in First Amendment litigation concerning the right to have an inaugural prayer said in a public ceremony.
At the Department of Justice, George served for 10 years as a frontline federal prosecutor, handling hundreds of investigations, trials and appeals, including in white collar and national security cases. President Ronald Reagan appointed him as a U.S. attorney, and he next served as the deputy attorney general and as acting attorney general during the George H.W. Bush administration. As Deputy Attorney General, George ran the Justice Department's operations, overseeing all the nation's federal prosecutors, as well as the FBI and other law enforcement agencies. He also had leadership responsibility in several national and international crises, including a hostage-taking in a federal prison and the federal law enforcement response to domestic unrest in Los Angeles. In several instances, he personally handled negotiations of high-profile criminal and civil matters in the United States and abroad.
Partner, Baker & Hostetler LLP
Lee A. Casey focuses on federal environmental, constitutional and international law and Alien Tort Statute issues. He also advises clients on compliance issues under the Foreign Corrupt Practices Act (FCPA), U.S. trade sanctions regimes, and federal ethics requirements. Mr. Casey’s practice includes federal, district and appellate court litigation, as well as matters before federal agencies. Prior to joining BakerHostetler, Mr. Casey was an associate with Hunton & Williams, practicing in international, environmental and constitutional law. From 2004 through 2007 he served as an member of the United Nations Subcommission on the Promotion and Protection of Human Rights.
From 1986 to 1993, Mr. Casey served in various capacities in the federal government, including the Office of Legal Policy (1986-90) and the Office of Legal Counsel (1992-93) at the U.S. Department of Justice and served as Deputy Associate General Counsel at the U.S. Department of Energy (1990-92). The Office of Legal Counsel is responsible for advising the Attorney General and the White House on issues of constitutional law and statutory interpretation. The Office of Legal Policy served as a strategic “think tank” for the Reagan Justice Department and was responsible for reviewing candidates for appointments to the federal bench.
Before joining the government in 1986, Mr. Casey was an associate in the Los Angeles firm of Mitchell, Silberberg & Knupp, practicing in the litigation section, with an emphasis on copyright, contract and First Amendment issues. From 1984 to 1985, Mr. Casey served as Law Clerk to the Honorable Alex Kozinski, then Chief Judge of the United States Claims Court. From 1982 to 1984, he practiced at the Detroit firm of Dykema Gossett, focusing on corporate, securities, commercial and intellectual property litigation, and from 1990 through 1994, he served as an Adjunct Professor of Law at George Mason University School of Law in Arlington, Virginia.
Among the chapters, articles and papers that Mr. Casey has authored or co-authored are: “International Law and the Nation-State at the U.N.,” Reclaiming the Language of Freedom at the United Nations: A Guide for U.S. Policymakers, The Heritage Foundation (2006) (with David B. Rivkin, Jr.); “The Dangerous Myth of Universal Jurisdiction,” A Country I Do Not Recognize (ed. Robert H. Bork) (2005) (with David B. Rivkin, Jr.); “Leashing the Dogs of War,” The National Interest (Fall 2003) (with David B. Rivkin, Jr.); “The Limits of Legitimacy: The Rome Statute’s Unlawful Application to Non-State Parties,” 44 Va.J.Int’l L. 63 (Fall 2003) (with David B. Rivkin, Jr.); “Devil’s Advocates: The Danger of Judging Lawyers By Their Clients,” Policy Review (Feb. and Mar. 2002) (with David B. Rivkin, Jr.); “The Case Against the International Criminal Court,” 25 Fordham Int’l L.J. 840 (2002); “Europe in the Balance: The Alarmingly Undemocratic Drift of the European Union,” Policy Review (June and July 2001) (with David B. Rivkin Jr.); “Against an International Criminal Court,” Commentary, May 1998 (with David B. Rivkin, Jr.); “Federalism (Cont’d.),” Commentary, December 1996 (with David B. Rivkin, Jr.); “Presidents and War Powers: Another View,” Common Sense, Winter 1996 (with David B. Rivkin, Jr.); “How Binding Are Contracts?” The American Enterprise, Nov./Dec. 1993 (with David B. Rivkin, Jr.); and “Pirate Constitutionalism: An Essay in Self-Government,” 8 J. of L. & Politics 477 (1992).
Mr. Casey is a member of the California, Michigan and District of Columbia Bar Associations.
Partner, Lehotsky Keller LLP
The New York Times recognized Scott A. Keller as a “legal heavyweight,” who “is praised by opponents as a formidable advocate.”
Mr. Keller has argued 12 cases before the U.S. Supreme Court and 12 cases before the Texas Supreme Court. He is the only practicing lawyer to have argued at least 10 cases in both courts. Mr. Keller frequently represents parties in high stakes appeals, and he has argued many cases in federal courts of appeals throughout the nation. He has earned individual accolades from Lawdragon 500 Leading Litigators in America, Chambers, Legal 500, The American Lawyer, The National Law Journal, Law360, Super Lawyers, The Best Lawyers in America, and other publications.
Before founding Lehotsky Keller Cohn LLP, Mr. Keller headed Baker Botts LLP’s Supreme Court Practice. He also has significant experience at the highest levels in all three branches of government. Mr. Keller served as the Solicitor General of Texas, the State’s chief appellate litigator. He was U.S. Senator Ted Cruz’s chief counsel on the Senate Judiciary Committee. Mr. Keller was a law clerk for Justice Anthony Kennedy of the Supreme Court of the United States and Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit. He was also a Bristow Fellow in the U.S. Department of Justice’s Office of the Solicitor General.
Mr. Keller represents clients in cases where public communications strategy is crucial, and he has made numerous media appearances in major outlets such as The New York Times, The Wall Street Journal, BBC, Fox News, NPR, and Politico. As a sought after speaker and writer, Mr. Keller’s articles have appeared in the Stanford Law Review, Virginia Law Review, and Texas Law Review. He has also served as an adjunct professor of constitutional litigation, Supreme Court practice, and federal courts at the University of Texas School of Law.
Judge, United States Court of Appeals, D.C. Circuit
Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990.
Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude. Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.
After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.
Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.
After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977.
In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.
In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.
From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.
As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions. In 1992 he taught a course in constitutional law. He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law. He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman. He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.
Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus. In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School. In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society. He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.
Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist living in San Francisco.
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Partner, McGuireWoods LLP
George Terwilliger is co-head of the firm's white collar practice and leads the firm's Strategic Response and Crisis Management practice group. Following his fifteen years of public service in the US Department of Justice, where he began as a law clerk and concluded as Acting Attorney General, George has provided counsel in government and internal investigations, agency enforcement proceedings and in civil and criminal litigation. He has represented many of the nation's and the world's largest corporations, including major financial institutions, energy companies, public institutions as well as leading business and government officials, including members of the US Senate and House as well as cabinet officials. He has also represented lawyers and corporate legal departments in investigations. As a result of both his private sector work and government positions, George is called upon to provide counsel as well as commentary to government officials, Congress and private organizations on national security, homeland defense, terrorism, and other public policy and legal issues. George's work regularly involves providing counsel in the executive suites and boardrooms of major corporations.
In private practice for international law firms, George has represented national and international financial, energy, telecommunications, industrial and healthcare companies. He is a recognized expert in leading credible corporate internal investigations and his experience designing and executing both targeted and global legal compliance reviews has involved work in more than 60 countries around the globe. George is an expert on the Foreign Corrupt Practices Act and regularly provides counsel to companies addressing FCPA issues. No stranger to high stakes litigation and crisis events, George helped lead the Bush-Cheney legal team in the 2000 Florida vote recount, served as special outside counsel to a Senate committee investigating vote fraud allegations, served as counsel to an executive commission on gambling, and has represented many clients in politically charged election law and similar cases. He has guided corporations and individual through high stakes matters of intense public interest. He represented an incumbent president in First Amendment litigation concerning the right to have an inaugural prayer said in a public ceremony.
At the Department of Justice, George served for 10 years as a frontline federal prosecutor, handling hundreds of investigations, trials and appeals, including in white collar and national security cases. President Ronald Reagan appointed him as a U.S. attorney, and he next served as the deputy attorney general and as acting attorney general during the George H.W. Bush administration. As Deputy Attorney General, George ran the Justice Department's operations, overseeing all the nation's federal prosecutors, as well as the FBI and other law enforcement agencies. He also had leadership responsibility in several national and international crises, including a hostage-taking in a federal prison and the federal law enforcement response to domestic unrest in Los Angeles. In several instances, he personally handled negotiations of high-profile criminal and civil matters in the United States and abroad.
Deputy Director - Center for Effective Public Management; Senior Fellow - Governance Studies, The Brookings Institution
John Hudak is deputy director of the Center for Effective Public Management and a senior fellow in Governance Studies. His research examines questions of presidential power in the contexts of administration, personnel, and public policy. Additionally, he focuses on campaigns and elections, legislative-executive interaction, and state and federal marijuana policy.
John’s 2016 book, Marijuana: A Short History, offers a unique, up-to-date profile of how cannabis emerged from the shadows of counterculture and illegality to become a serious, even mainstream, public policy issue and source of legal revenue for both businesses and governments. In it, he describes why attitudes and policy have changed, and what those changes mean for marijuana's future place in society.
His 2014 Presidential Pork: White House Influence over the Distribution of Federal Grants demonstrates that pork-barrel politics occurs beyond the halls of Congress. Presidents capitalize on their discretionary funding authority to target federal dollars to swing states in advance of presidential elections. His other work explores how agency staffing, expertise, and institutional structure facilitate or hinder presidential power and influence. This research explores the balance between political control and bureaucratic expertise in the delivery of public policy.
John’s work has been recognized for its quality and contribution by the Midwest Political Science Association and the American Political Science Association’s Presidency Research Group. His work has been supported by institutions including the National Science Foundation.
Prior to joining Brookings, John served as the program director and as a graduate fellow at the Center for the Study of Democratic Institutions. He holds a B.A. in political science and economics from the University of Connecticut and an M.A. and Ph.D. in political science from Vanderbilt University.
Senior Fellow, Hudson Institute
David W. Murray is a Senior Fellow at Hudson Institute where he co-directs the Center for Substance Abuse Policy Research. While serving previous posts as Chief Scientist and Associate Deputy Director (Supply Reduction) in the federal government’s Office of National Drug Control Policy, Murray directed extensive scientific research on all aspects of the drug problem and helped coordinate high-level inter-agency efforts to limit the production of illicit drugs and counter the transnational criminal organizations that control their global shipment and marketing.
Before entering government, Murray was executive director of the Statistical Assessment Service and held academic appointments at Connecticut College and Brown, Brandeis, and Georgetown Universities. He is the author of numerous scholarly papers, essays, and commentaries; co-author (with Joel Schwartz and S. Robert Lichter) of the widely-noted book It Ain’t Necessarily So: How Media Make and Unmake the Scientific Picture of Reality; and a frequent guest on major network television and radio programs.
Murray holds an M.A. and Ph.D. in social anthropology from the University of Chicago.
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.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Associate, Cooper & Kirk, PLLC
Haley Proctor is an associate at Cooper & Kirk. She rejoined Cooper & Kirk in 2015 after clerking for Justice Clarence Thomas of the United States Supreme Court during the October 2014 term. She previously clerked for Judge Thomas B. Griffith of the United States Court of Appeals for the D.C. Circuit.
Ms. Proctor graduated from Yale Law School in 2012 and from Yale College, magna cum laude. In law school, she was a moot court semifinalist and co-authored several law review articles. At Yale College, she served as a co-founder and president of the New Haven Urban Debate League and a board member for the Yale Debate Association.
Managing Partner, Cooper & Kirk PLLC
David Thompson is the Managing Partner of Cooper & Kirk and joined the firm at its founding. Mr. Thompson has extensive trial and appellate experience in a wide range of matters and has secured victories worth billions of dollars. He has successfully challenged numerous laws on Second Amendment grounds. He has also litigated cases in over 30 federal district courts, argued in each of the 13 federal circuit courts of appeal, and argued before the U.S. Supreme Court, as well as many state courts. Mr. Thompson was awarded an A.B. degree, magna cum laude, from Harvard University in 1991, where he was elected to Phi Beta Kappa. In 1994, Mr. Thompson received a J.D. degree, cum laude, from Harvard Law School.
Courthouse Steps Decision Teleforum: Gamble v. United States
Clark Neily
Criminal Law & Procedure Practice Group Teleforum
In Gamble v. United States, Terance Gamble received two sentences and two convictions for the...
Improving National Drug Policy [Archive Collection]
Richard Cohen, Jeffrey Eisenach, Ron Paul, Richard K. Willard
Second Annual National Lawyers Convention
On September 9, 1988, then-presidential candidate Ron Paul spoke on a panel at the Federalist...
Improving National Drug Policy [Archive Collection]
Richard Cohen, Jeffrey Eisenach, Ron Paul, Richard K. Willard
Second Annual National Lawyers Convention
On September 9, 1988, then-presidential candidate Ron Paul spoke on a panel at the Federalist...
Courthouse Steps Decision Teleforum: Cochise Consultancy Inc. v. United States, ex rel. Hunt
Brandon Moss, Mark B. Sweet
Criminal Law & Procedure Practice Group Teleforum
This teleforum will discuss the Supreme Court argument in United States ex rel. Hunt v....
Whither the DOJ?
Lee A. Casey, Scott Allen Keller, A. Raymond Randolph, John C. Richter, George J. Terwilliger
Practice Groups Event
With recent changes in leadership at the Department of Justice, and still further changes imminent,...
Whither the DOJ?
Lee A. Casey, Scott Allen Keller, A. Raymond Randolph, John C. Richter, George J. Terwilliger
Practice Groups Event
With recent changes in leadership at the Department of Justice, and still further changes imminent,...
Topics
Mueller Report Fireworks – And It Isn’t Even the Fourth of July
And the drama continues! On Wednesday, Attorney General William Barr appeared before the Senate Judiciary...
Should DEA Remove Cannabis from Schedule I? [POLICYbrief]
John Hudak, David W. Murray
Short video featuring John Hudak and David Murray
The Drug Enforcement Agency lists cannabis as a Schedule I substance, meaning it has no...
Update on the Mueller Report
John G. Malcolm, John C. Yoo
Special Counsel Robert Mueller’s Report on The Investigation Into Russian Interference In the 2016 Presidential...
Stand Your Ground Laws and Retroactivity
Haley N. Proctor, David H. Thompson
State Court Docket Watch
Florida Love v. State Last month, the Florida Supreme Court heard argument...