Partner, Gibson Dunn & Crutcher LLP
Theodore J. Boutrous, Jr. is a partner in the Los Angeles office of Gibson Dunn and one of the nation’s leading litigators. He is a member of the American Law Institute and a Fellow of the American Academy of Appellate Lawyers.
As The New York Times has noted, Mr. Boutrous has “a long history of pushing the courts and the public to see the bigger picture on heated issues.” The American Lawyer named Mr. Boutrous the 2019 “Litigator of the Year, Grand Prize Winner” and the Los Angeles and San Francisco Daily Journals in 2021 named him a “Top Lawyer of the Decade.” According to The National Law Journal, which in 2013 named him one of the “100 Most Influential Lawyers in America,” he “is known for his wise, strategic advice to clients in crisis and is a media law star.”
Mr. Boutrous has represented clients in federal and state appellate courts throughout the nation in a wide spectrum of cases, and he is currently serving as Co-Chair of the firm's First Amendment and Free Expression Practice Group. He has argued hundreds of appeals, including before the Supreme Court of the United States, 12 different federal circuit courts of appeals, and 12 different state supreme courts (including 14 arguments in the California Supreme Court), and he has led a multitude of other complex civil, constitutional and criminal matters. Mr. Boutrous has successfully persuaded courts to overturn some of the largest jury verdicts and class actions in history, and prevailed in many cutting-edge cases. In 2011, he successfully represented Walmart before the Supreme Court of the United States in the Dukes case, which unanimously reversed what had been the largest employment class action in history and established important standards governing class actions (Wal-Mart Stores, Inc. v. Dukes). In 2013, he successfully represented the prevailing party in obtaining a unanimous Supreme Court decision enforcing the Class Action Fairness Act (Standard Fire Insurance Co. v. Knowles). Also in 2013, Mr. Boutrous successfully represented plaintiffs in the Supreme Court in a case invalidating California’s prohibition on same-sex marriage, Proposition 8 (Hollingsworth v. Perry), in which he also served as one of the lead trial lawyers and architects of the legal strategy that led to this landmark victory. In 2018, Mr. Boutrous successfully represented CNN and its reporter Jim Acosta in bringing First Amendment and due process claims against then-President Donald Trump and other White House officials, forcing the White House to restore Mr. Acosta’s press credentials. “Litigators of the Week: Gibson Dunn’s Two Teds Score for the Free Press,” The AmLaw Litigation Daily (November 30, 2018). And in 2021, he secured a major victory for Hewlett-Packard Company when the California Court of Appeal affirmed a more than $3 billion verdict in HP’s long-running contract dispute with Oracle Corporation. “Litigators of the Week: Gibson Dunn Protects Its $3B Trial Win for HP Against Oracle on Appeal,” The AmLaw Litigation Daily (June 18, 2021).
As both a crisis management strategist and a seasoned appellate and media lawyer, Mr. Boutrous has extensive experience handling high-profile litigation, media relations and media legal issues. He routinely advises clients in planning how to respond, and in responding, to crises and other especially significant legal problems that attract the media spotlight.
Mr. Boutrous has also received the 2021 Freedom of the Press Award from the Reporters Committee for Freedom of the Press and the Distinguished Leadership Award from PEN America in 2019 for his leadership in advancing First Amendment rights and protecting freedom of expression. As The Hollywood Reporter noted in naming him to its 2022 “Power Lawyers” list, “When issues of free speech are in play, Boutrous is the attorney on speed dial.” Hollywood’s Top 100 Attorneys (March 2022). Mr. Boutrous was also named a “First Amendment Rights Trailblazer” by The National Law Journal in 2020.
Numerous profiles of Mr. Boutrous and his practice have appeared in the media. Prominent mentions include: “Mr. Boutrous, You Have 4 Minutes’: On Rebuttal With Ted Boutrous of Gibson Dunn,” The AmLaw Litigation Daily (August 25, 2022); “Litigator of the Week: How Gibson Dunn Helped Hit Print on Mary Trump’s Best-Seller,” The AmLaw Litigation Daily (July 17, 2020); “Litigation Department of the Year,” The American Lawyer (January 2020); “Litigator of the Week: Gibson Dunn’s Theodore Boutrous Jr. Scores Another Win for the Fourth Estate,”The AmLaw Litigation Daily (September 6, 2019); “Lawyer of the week: Theodore Boutrous Jr, attorney in White House press pass victory,” The Times of London (November 29, 2018); Ted Boutrous, CNN’s Champion, Is Fired Up,” Law.com (November 30, 2018); “Litigator of the Week: From Zero to Hero in Seven Days” The AmLaw Litigation Daily (April 27, 2017); “Litigator of the Week” The AmLaw Litigation Daily (September 8, 2016); “Practice Group Performs In Spotlight and Under Pressure,” Los Angeles and San Francisco Daily Journal (March 14, 2012); “Litigator of the Week,” The AmLaw Litigation Daily (June 23, 2011); “Lawyer of the Week,” The Times of London (June 30, 2011); “Appellate Lawyer of the Week,” National Law Journal (March 23, 2011); “Litigation Department of the Year,” The American Lawyer (January 2016); “Litigation Department of the Year,” The American Lawyer (January 2012); “Litigation Department of the Year,” The American Lawyer (January 2010); and “He’s a Hired Gun of the Highest Caliber,” The Los Angeles Times (June 24, 2007).
In 2025, The Daily Journal recognized Mr. Boutrous with its inaugural Distinguished Counsel award, which honors lawyers “whose consistent excellence and enduring influence in California’s legal community have earned them a place among the Top 100 lawyers for 15 years or more,” and has repeatedly named him to its list of “Top 100 Lawyers” and “Leading Commercial Litigators” in California for over two decades. The Hollywood Reporter, featuring him in Power Lawyers 2021: Hollywood’s Top 100 Attorneys, declared that “Boutrous is there when an industry’s future rides on a big argument.” He has been named a California “Litigation Star” in Benchmark Litigation, as well as a “National Practice Area Star.” Chambers USA ranks him as a leading lawyer in five different categories, describing him as “an absolute star,” with clients praising his skills as “an amazing orator” and his “incredible knack of picking the winning argument and his oral advocacy skills are peerless. He picks the right point in response to every question without even blinking.” The Legal 500 named Mr. Boutrous a “Leading Lawyer” for Supreme Court and Appellate litigation, calling him a “renowned advocate” and “the preeminent authority on punitive damages defenses in the U.S.” Lawdragon recognizes Mr. Boutrous as one of its distinguished "Lawdragon Legends," an honor reserved for those who have appeared in Lawdragon's guide at least ten times since its inception in 2005. Over the years, he has been named to the following Lawdragon lists: 500 Leading Litigators in America, Leading Global Litigators, 500 Leading Lawyers in America, 500 Leading Global Entertainment, Sports & Media Lawyers, 500 Global Leaders in Crisis Management, and 100 Leading AI & Tech Legal Advisors.
Mr. Boutrous is a frequent commentator on legal issues. His articles include: Spare the ‘Dreamers’ a Nightmare by According Them Due Process,” The Wall Street Journal (May 2, 2017); “Poor Children Need a New Brown v. Board of Education,” The Wall Street Journal (August 28, 2016); “A First Amendment Blind Spot,” The Wall Street Journal (May 27, 2014); “California Kids Go to Court to Demand a Good Education,” The Wall Street Journal (January 28, 2014); “A Radical Departure on Press Freedom,” The Wall Street Journal (May 23, 2013); “A Killer’s Notebook, a Reporter’s Rights,” The New York Times (April 9, 2013); and “Broadcast ‘Indecency’ on Trial,” The Wall Street Journal (January 17, 2012).
Mr. Boutrous is a member of the Steering Committee of the Reporters Committee for Freedom of the Press and was a recipient of its 2021 Freedom of the Press Awards. He also sits on the Advisory Board of the International Women’s Media Foundation, which named him its 2015 Leadership Honoree. In addition, he is a member of the Advisory Board of the United States Court of Appeals for the Ninth Circuit, which advises the Chief Judge on matters related to the effective administration of the courts in the Ninth Circuit.
Mr. Boutrous received his law degree, summa cum laude, from the University of San Diego School of Law in 1987, where he was Valedictorian and Editor-in-Chief of the San Diego Law Review.
Mr. Boutrous is admitted to practice in California, New York, and the District of Columbia.
Shareholder, Lawson Huck Gonzalez, PLLC
Jason Gonzalez is an experienced appellate and litigation attorney and regularly consults on executive branch government affairs. He represents businesses and state agencies in state and federal courts in contracts, government procurements, insurance disputes, class actions, tort defense, banking, finance, professional licenses, and elections matters.
Recently, Jason advocated for business association clients in two amicus briefs filed before the Florida Supreme Court, supporting the adoption of the federal summary judgment standard, a development widely viewed as the most significant Florida civil justice system reform in the modern era. In 2019, Florida Politics reported that Jason was representing parties in more pending civil cases at the Florida Supreme Court than any other attorney in the State.
Over the course of his career, Jason has been at the forefront of emerging legal developments, helping to shape Florida’s justice system.
Jason has served on the Florida Supreme Court Nominating Commission, as Chairman of the First District Court of Appeal Judicial Nominating Commission and Chairman of the Second Judicial Circuit Judicial Nominating Commission, as well as two terms as General Counsel and former Executive Board Member of the Republican Party of Florida. Prior to co-founding Lawson Huck Gonzalez, Jason served as General Counsel to the Florida Governor.
In 2010, Jason served as lead counsel for Transocean Ltd. in its Florida Panhandle litigation and regulatory matters immediately following the explosion and sinking of the Deepwater Horizon. Over a two-year period, Jason successfully obtained orders dismissing or removing every one of the more than 70 individual and class action lawsuits filed against Transocean in Florida.
Partner, Hunton Andrews Kurth
Mr. Leopold is a Partner with the law firm of Hunton Andrews Kurth in Washington, DC. He is the former Senate-confirmed general counsel of the U.S. EPA from 2018-2020, and he previously was a litigator at the U.S. Department of Justice, Environment and Natural Resources Division form 2007-2013. As EPA General Counsel, he counseled on the development and defense of EPA’s most significant rulemakings, including the Affordable Clean Energy Rule, the Navigable Waters Protection Rule, and the Safe Affordable Fuel‐Efficient (SAFE) Vehicles Rule, as well as several pesticide actions. He was personally involved in defending EPA in litigation, including the County of Maui v. Hawaii Wildlife Fund in the U.S. Supreme Court. Mr. Leopold’s prior government service also includes working in Florida as general counsel of the Florida Department of Environmental Protection. He now represents clients in regulatory advocacy before federal agencies, litigates federal environmental actions, and defends clients with EPA enforcement issues.
Shareholder, Lawson Huck Gonzalez, PLLC
Jason Gonzalez is an experienced appellate and litigation attorney and regularly consults on executive branch government affairs. He represents businesses and state agencies in state and federal courts in contracts, government procurements, insurance disputes, class actions, tort defense, banking, finance, professional licenses, and elections matters.
Recently, Jason advocated for business association clients in two amicus briefs filed before the Florida Supreme Court, supporting the adoption of the federal summary judgment standard, a development widely viewed as the most significant Florida civil justice system reform in the modern era. In 2019, Florida Politics reported that Jason was representing parties in more pending civil cases at the Florida Supreme Court than any other attorney in the State.
Over the course of his career, Jason has been at the forefront of emerging legal developments, helping to shape Florida’s justice system.
Jason has served on the Florida Supreme Court Nominating Commission, as Chairman of the First District Court of Appeal Judicial Nominating Commission and Chairman of the Second Judicial Circuit Judicial Nominating Commission, as well as two terms as General Counsel and former Executive Board Member of the Republican Party of Florida. Prior to co-founding Lawson Huck Gonzalez, Jason served as General Counsel to the Florida Governor.
In 2010, Jason served as lead counsel for Transocean Ltd. in its Florida Panhandle litigation and regulatory matters immediately following the explosion and sinking of the Deepwater Horizon. Over a two-year period, Jason successfully obtained orders dismissing or removing every one of the more than 70 individual and class action lawsuits filed against Transocean in Florida.
Partner, Hunton Andrews Kurth
Mr. Leopold is a Partner with the law firm of Hunton Andrews Kurth in Washington, DC. He is the former Senate-confirmed general counsel of the U.S. EPA from 2018-2020, and he previously was a litigator at the U.S. Department of Justice, Environment and Natural Resources Division form 2007-2013. As EPA General Counsel, he counseled on the development and defense of EPA’s most significant rulemakings, including the Affordable Clean Energy Rule, the Navigable Waters Protection Rule, and the Safe Affordable Fuel‐Efficient (SAFE) Vehicles Rule, as well as several pesticide actions. He was personally involved in defending EPA in litigation, including the County of Maui v. Hawaii Wildlife Fund in the U.S. Supreme Court. Mr. Leopold’s prior government service also includes working in Florida as general counsel of the Florida Department of Environmental Protection. He now represents clients in regulatory advocacy before federal agencies, litigates federal environmental actions, and defends clients with EPA enforcement issues.
Director of the Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute
Daren Bakst is Director of the Competitive Enterprise Institute’s Center for Energy and Environment and a Senior Fellow. In this role, he manages, develops, and leads the coalition, advocacy, and research activities of the Center, which is one of the most effective advocates for Free Market Environmentalism.
Before joining CEI as Deputy Director in March, 2023, Daren was a Senior Research Fellow in Environmental Policy and Regulation at the Heritage Foundation, where he played a leading role in the launch of the organization’s new energy and environment center, and created and hosted the Heritage Foundation’s energy and environment podcast the “PowerCast.” During his decade at Heritage, Daren wrote about energy and environmental policy, food and agricultural policy (including editing and co-authoring the book Farms and Free Enterprise), regulation, and trade among other topics.
Daren also worked on environmental policy and regulation at the U.S. Chamber of Commerce, where he was a policy counsel and served as the executive to the association’s Government Oversight, Operations & Consumer Affairs committee, which was responsible for issues such as regulatory process reform. Daren has significant state level experience, working for seven years at the Raleigh, N.C.-based John Locke Foundation, one of the largest state-based, free-market think tanks. As director of legal and regulatory studies, his broad portfolio included energy and environmental policy, regulatory reform, and property rights.
Daren has testified numerous times before Congress, regularly submits comments to federal agencies and has appeared in or been quoted by a wide range of media outlets such as The Wall Street Journal, USA Today, The Washington Times, CNN, Fox Business News, Al-Jazeera America, and U.S. News and World Report. He is a member of the Federalist Society’s Environmental Law and Property Rights Executive Committee and serves on the College Level Advisory Board for Constituting America, an organization that informs and educates about the importance of the U.S. Constitution.
Daren, who hails from Florida, received his bachelor’s and master’s degrees from George Washington University. A licensed attorney, he holds a law degree from the University of Miami and a master of laws degree from American University.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Principal, Advantus Strategies, LLC
John Paul Woodley Jr. is currently the Principal of Environmental and Energy Practice Group for Advantus Strategies. From 2003 to 2009, Woodley served as Assistant Secretary of the Army for Civil Works, supervising the Army Corps of Engineers Civil Works Program. Under his leadership, the Corps Wetland Regulatory Program was strengthened. He also oversaw the restoration of the Florida Everglades and the reconstruction of the hurricane protection system for New Orleans following Hurricane Katrina.
Woodley also served as Assistant Deputy Under Secretary of Defense, Environment, where he was responsible for policy and oversight of the Defense Department’s environmental cleanup, compliance, pollution prevention and natural resource management.
He has also served as Secretary of Natural Resources for Virginia, where he was responsible for environmental protection and for permitting, outdoor recreation, open space management, inland and marine fisheries and historic resources in the Commonwealth.
Woodley served on active duty with the U.S. Army Judge Advocate General’s Corps from 1979 to 1985, and retired from the Army Reserve in August 2003 as a Lieutenant Colonel.
Woodley has been awarded the Legion of Merit, the Meritorious Service Medal (2nd Oak Leaf Cluster), the Army Commendation Medal (1st Oak Leaf Cluster), and the Army Achievement Medal. He has been honored with the U. S. Army Decoration for Distinguished Civilian Service, the Secretary of Defense Medal for Outstanding Public Service and the Silver de Fleury Medal from the Army Engineer Regiment.
Harry Reasoner Regents Chair in Law, The University of Texas at Austin School of Law
David Adelman teaches and writes in the areas of environmental law, intellectual property law, and climate change policy. Professor Adelman’s research focuses on the many interfaces between law and science. His articles have addressed such topics as the implications of emerging genomic technologies for toxics regulation, the tensions between legal and scientific evidentiary standards in regulatory decision making, and development of effective policies for promoting innovation relevant to addressing climate change. Professor Adelman clerked for the Honorable Samuel Conti of the United States District Court for the Northern District of California. Before entering academia, he was an associate with the law firm Covington & Burling in Washington, D.C., where he litigated patent disputes and provided counsel on environmental regulatory matters, and a Senior Attorney with the Natural Resources Defense Council also in Washington, D.C. Professor Adelman was an Associate Professor of Law at the University of Arizona Rogers College of Law from 2001 to 2009.
Professor of Law, University of Minnesota Law School
Professor James W. Coleman is a scholar of energy law. He specializes in North American energy infrastructure, transport, and trade. He is also a nonresident senior fellow at the American Enterprise Institute focused on energy policy.
Professor Coleman has testified before Congress on steps to speed up energy infrastructure permits. He also worked with a team of experts as part of Alberta's Royalty Review to revise the Canadian province's management of its vast oil and gas resources.
Before joining Minnesota, Professor Coleman taught at Southern Methodist University's Dedman School of Law, the University of Calgary’s law and business schools, and Harvard Law School. Earlier, he practiced environmental and appellate law at Sidley Austin in Washington, D.C., and clerked for the Honorable Steven M. Colloton of the U.S. Court of Appeals for the Eighth Circuit.
Professor Coleman received two degrees from Harvard University—a J.D. (cum laude) and B.A. in biology (magna cum laude with highest honors in the field). As a result of his undergraduate thesis on butterfly genetics, which required fieldwork in Central Asia, a species of lycaenid butterfly was named after him—Agrodiaetus ripartii colemani.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Judge, United States Court of Appeals, Eleventh Circuit
On March 20, 2018, Judge Elizabeth L. Branch (Lisa) was sworn in as a United States Circuit Judge for the Eleventh Circuit.
Judge Branch attended and graduated from Davidson College in North Carolina (B.A., cum laude, 1990), and Emory University School of Law (J.D., with distinction, 1994).
After graduating from law school, Judge Branch served as a federal law clerk to The Honorable J. Owen Forrester of the U.S. District Court for the Northern District of Georgia from 1994 to 1996. Following her clerkship, Judge Branch joined the litigation department of Smith, Gambrell & Russell, LLP in Atlanta as an associate and then a partner.
From 2004 to 2008, Judge Branch was a senior official in the Administration of President George W. Bush in Washington, D.C. She served first as the Associate General Counsel for Rules and Legislation at the U.S. Department of Homeland Security and then as the Counselor to the Administrator of the Office of Information and Regulatory Affairs at the U. S. Office of Management and Budget.
She returned to Smith Gambrell in 2008 as a litigation partner. Judge Branch then was appointed to the Court of Appeals of Georgia by Governor Nathan Deal, taking office on September 4, 2012, where she served until March 19, 2018.
Judge Branch is a member of the Board of Advisors of the Atlanta Lawyers Chapter for the Federalist Society for Law and Public Policy Studies.
Professor of Law, Antonin Scalia Law School, George Mason University
Eric R. Claeys is Professor of Law at the Antonin Scalia Law School, George Mason University. He has written widely in the fields of property, private law, and constitutional law. Professor Claeys’s current research interests focus on flourishing- and labor-based natural rights justifications for property—in American property theory, in intellectual property, and in contemporary regulation of shale gas exploration and hydraulic fracturing. He is a member of the American Law Institute, he serves on the ALI’s Members’ Consultative Group for the first Restatement of Copyright, and he also serves as an adviser to the Restatement (Fourth) of the Law of Property.
Professor Claeys received his JD from the University of Southern California Gould School of Law. He received his AB from Princeton University, and he is a former visiting fellow and current member of Princeton’s Politics Department’s James Madison Program in American Ideals and Institutions. After law school, Professor Claeys clerked for the Hon. Melvin Brunetti, U.S. Court of Appeals for the Ninth Circuit, and the Hon. William H. Rehnquist, Chief Justice of the United States.
Professor Claeys’s main teaching interests include Property, Torts, Jurisprudence, and Intellectual Property. In recent years, he has also taught Water Law, Remedies, Estates and Trusts, Trade Secrecy, Constitutional Law, Torts, and Oil and Gas law. Spring 2018, he is teaching Torts and Jurisprudence as a Visiting Professor at Harvard Law School.
Howard J. and Katherine W. Aibel Professor of Law, Harvard Law School
Richard Lazarus is the Howard J. and Katherine W. Aibel Professor of Law at Harvard Law School, where he teaches Environmental Law, Natural Resources Law, Supreme Court Advocacy, and Torts. Professor Lazarus has represented the United States, state and local governments, and environmental groups in the United States Supreme Court in more than 40 cases and has presented oral argument in 14 of those cases, most recently for respondent in Murr v. Wisconsin (2017). He also filed briefs on behalf of governmental parties in many other regulatory takings cases including Tahoe Sierra Preservation Counsel v. Tahoe Regional Planning Agency (2002), Palazzolo v. Rhode Island (2001), Suitum v. Tahoe Regional Planning Agency (1997), Dolan v. City of Tigard (1004), Lucas v. South Carolina Coastal Council (1992), Nollan v. California Coastal Council (1987), San Diego Gas & Electric v. City of San Diego (1981), and Agins v. City of Tiburon (1980). He writes broadly on topics relating to Supreme Court decision-making, focusing on both advocacy before and within the Court, and on environmental law. He will be publishing next year a book on the Supreme Court’s 2007 decision in Massachusetts v. EPA, which tells the inside story of the case based on interviews with the relevant Executive Branch officials, competing advocates, and judges and Justices on the D.C. Circuit and U.S. Supreme Court. See Richard Lazarus. The Rule of Five: Making History at the Supreme Court (Harvard University Press 2020).Before joining the Harvard law faculty, he was the Justice William J. Brennan, Jr., Professor of Law at Georgetown University, where he founded the Georgetown Supreme Court Institute and served as its faculty director. Professor Lazarus previously worked for the Solicitor General's Office (1986-89), where he was Assistant to the Solicitor General. He graduated from Harvard Law School in 1979 and has a B.S. from the University of Illinois in Chemistry and a B.A. in Economics.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Judge, United States Court of Appeals, Eleventh Circuit
On March 20, 2018, Judge Elizabeth L. Branch (Lisa) was sworn in as a United States Circuit Judge for the Eleventh Circuit.
Judge Branch attended and graduated from Davidson College in North Carolina (B.A., cum laude, 1990), and Emory University School of Law (J.D., with distinction, 1994).
After graduating from law school, Judge Branch served as a federal law clerk to The Honorable J. Owen Forrester of the U.S. District Court for the Northern District of Georgia from 1994 to 1996. Following her clerkship, Judge Branch joined the litigation department of Smith, Gambrell & Russell, LLP in Atlanta as an associate and then a partner.
From 2004 to 2008, Judge Branch was a senior official in the Administration of President George W. Bush in Washington, D.C. She served first as the Associate General Counsel for Rules and Legislation at the U.S. Department of Homeland Security and then as the Counselor to the Administrator of the Office of Information and Regulatory Affairs at the U. S. Office of Management and Budget.
She returned to Smith Gambrell in 2008 as a litigation partner. Judge Branch then was appointed to the Court of Appeals of Georgia by Governor Nathan Deal, taking office on September 4, 2012, where she served until March 19, 2018.
Judge Branch is a member of the Board of Advisors of the Atlanta Lawyers Chapter for the Federalist Society for Law and Public Policy Studies.
Professor of Law, Antonin Scalia Law School, George Mason University
Eric R. Claeys is Professor of Law at the Antonin Scalia Law School, George Mason University. He has written widely in the fields of property, private law, and constitutional law. Professor Claeys’s current research interests focus on flourishing- and labor-based natural rights justifications for property—in American property theory, in intellectual property, and in contemporary regulation of shale gas exploration and hydraulic fracturing. He is a member of the American Law Institute, he serves on the ALI’s Members’ Consultative Group for the first Restatement of Copyright, and he also serves as an adviser to the Restatement (Fourth) of the Law of Property.
Professor Claeys received his JD from the University of Southern California Gould School of Law. He received his AB from Princeton University, and he is a former visiting fellow and current member of Princeton’s Politics Department’s James Madison Program in American Ideals and Institutions. After law school, Professor Claeys clerked for the Hon. Melvin Brunetti, U.S. Court of Appeals for the Ninth Circuit, and the Hon. William H. Rehnquist, Chief Justice of the United States.
Professor Claeys’s main teaching interests include Property, Torts, Jurisprudence, and Intellectual Property. In recent years, he has also taught Water Law, Remedies, Estates and Trusts, Trade Secrecy, Constitutional Law, Torts, and Oil and Gas law. Spring 2018, he is teaching Torts and Jurisprudence as a Visiting Professor at Harvard Law School.
Howard J. and Katherine W. Aibel Professor of Law, Harvard Law School
Richard Lazarus is the Howard J. and Katherine W. Aibel Professor of Law at Harvard Law School, where he teaches Environmental Law, Natural Resources Law, Supreme Court Advocacy, and Torts. Professor Lazarus has represented the United States, state and local governments, and environmental groups in the United States Supreme Court in more than 40 cases and has presented oral argument in 14 of those cases, most recently for respondent in Murr v. Wisconsin (2017). He also filed briefs on behalf of governmental parties in many other regulatory takings cases including Tahoe Sierra Preservation Counsel v. Tahoe Regional Planning Agency (2002), Palazzolo v. Rhode Island (2001), Suitum v. Tahoe Regional Planning Agency (1997), Dolan v. City of Tigard (1004), Lucas v. South Carolina Coastal Council (1992), Nollan v. California Coastal Council (1987), San Diego Gas & Electric v. City of San Diego (1981), and Agins v. City of Tiburon (1980). He writes broadly on topics relating to Supreme Court decision-making, focusing on both advocacy before and within the Court, and on environmental law. He will be publishing next year a book on the Supreme Court’s 2007 decision in Massachusetts v. EPA, which tells the inside story of the case based on interviews with the relevant Executive Branch officials, competing advocates, and judges and Justices on the D.C. Circuit and U.S. Supreme Court. See Richard Lazarus. The Rule of Five: Making History at the Supreme Court (Harvard University Press 2020).Before joining the Harvard law faculty, he was the Justice William J. Brennan, Jr., Professor of Law at Georgetown University, where he founded the Georgetown Supreme Court Institute and served as its faculty director. Professor Lazarus previously worked for the Solicitor General's Office (1986-89), where he was Assistant to the Solicitor General. He graduated from Harvard Law School in 1979 and has a B.S. from the University of Illinois in Chemistry and a B.A. in Economics.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Internet Policy Counsel and Director of Appellate Litigation, TechFreedom
Corbin Barthold is TechFreedom's Internet Policy Counsel and Director of Appellate Litigation.
Corbin clerked for the Hon. Steven D. Merryday (M.D. Fla.) and the Hon. Robert H. Cleland (E.D. Mich.). After his clerkships, he became an associate, and later a partner, in the Los Angeles office of Browne George Ross LLP, where he engaged in high-stakes complex litigation. He then served as Senior Litigation Counsel at Washington Legal Foundation, a D.C. public-interest firm, where his practice focused on appeals involving administrative law, the separation of powers, antitrust, and tech policy.
Corbin received his J.D. from the University of California, Berkeley, School of Law. He also holds a B.A., magna cum laude and Phi Beta Kappa, from the University of California, San Diego, and an Msc., with distinction, from the London School of Economics.
Vice President of Law & Policy, Property and Environment Research Center
Jonathan Wood is vice president of law and policy at the Property and Environment Research Center (PERC). An attorney, Jonathan has litigated environmental and property-rights cases in the Supreme Court of the United States, federal and state appellate courts, and trial courts across the country. His writing has appeared in the Wall Street Journal, Washington Post, National Review, Reason, and other outlets. And his research has been published in journals such as Environmental Law Reporter, Yale Journal on Regulation Notice & Comment, Pace Environmental Law Review, and California Western Law Review.
Prior to coming to PERC, Jonathan was a senior attorney at Pacific Legal Foundation, where he litigated cases concerning the Endangered Species Act, Clean Water Act, and other federal environmental laws. He was co-counsel for forest landowners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, in which the Supreme Court ruled unanimously that private land could not be arbitrarily regulated as critical habitat under the ESA. He also led a successful effort to reform regulation of threatened species to better align the incentives of private landowners with the interests of rare species.
Jonathan has testified before several congressional committees on wildlife conservation and endangered species topics. He has also appeared on national television and radio, including NPR’s All Things Considered, C-Span’s Washington Journal, Stossel, Fox News, and Hill.TV.
Jonathan has a law degree from the New York University School of Law, a masters degree in economic policy from the London School of Economics, and a bachelor’s degree in economics from the University of Texas. He is on the executive committee for the Federalist Society’s Environmental Law and Property Rights Practice Group and a steering committee member for the Environmental Law Institute’s Emerging Leaders Initiative.
Senior Attorney, Pacific Legal Foundation
Glenn Roper joined Pacific Legal Foundation in 2019. Based in Colorado, he litigates across the country on behalf of individuals and organizations to advance the principles of individual freedom, separation of powers, and the rule of law.
With experience in both private practice and government, Roper has seen the dangers posed to liberty when agencies, bureaucrats, and politicians ignore individual rights in favor of expediency or advancing a political agenda. His interest in combating those dangers spans PLF’s practice areas, including equal protection, separation of powers, environmental law, property rights, and the First Amendment.
Although he grew up in California’s Central Valley, Roper has spent most of his career in the Mountain West. Immediately prior to joining PLF, he served as Deputy Solicitor General in Colorado’s Office of the Attorney General, where he handled select appellate and constitutional litigation on behalf of the State and its agencies and officials. Before joining the Attorney General’s Office, Roper was a partner in a Denver law firm, where he focused on complex civil litigation, e-discovery, and appellate matters. He previously served as Deputy Associate Counsel in the White House Counsel’s Office for President George W. Bush and as a law clerk to Judge David M. Ebel of the Tenth Circuit Court of Appeals. He graduated first in his class from Brigham Young University Law School.
Update on Public Nuisance Lawsuits
Theodore J. Boutrous
In AEP v. Connecticut (2011), the Supreme Court unanimously rejected federal common law nuisance claims...
Recent Developments from the EPA
Jason B. Gonzalez, Matthew Z. Leopold
2020 Annual Florida Chapters Conference
On January 31-February 1, 2020, The Federalist Society's Florida lawyers chapters hosted their annual Florida...
Recent Developments from the EPA
Jason B. Gonzalez, Matthew Z. Leopold
2020 Annual Florida Chapters Conference
On January 31-February 1, 2020, The Federalist Society's Florida lawyers chapters hosted their annual Florida...
The New Definition of “WOTUS”: Analysis of the Trump Administration’s “Navigable Waters Protection Rule”
Daren Bakst, Tony Francois, John Paul Woodley
The Trump Administration recently released its final rule defining “waters of the United States” under...
Deep Dive Episode 93 – The Future of the National Environmental Policy Act
David Adelman, James W. Coleman
Regulatory Transparency Project's Fourth Branch Podcast
For the past 50 years, the National Environmental Policy Act (NEPA) has required that the...
Litigation Update: People of the State of New York v. ExxonMobil Corp.
Andrew Grossman
In late October, the People of the State of New York v. ExxonMobil Corp. trial...
Originalism and Constitutional Property Rights Jurisprudence
Lisa Branch, Eric R. Claeys, Richard J. Lazarus, Thomas W. Merrill, Ilya Somin
2019 National Lawyers Convention
On November 16, 2019, the Federalist Society's Environmental Law & Property Rights Practice Group hosted...
Originalism and Constitutional Property Rights Jurisprudence
Lisa Branch, Eric R. Claeys, Richard J. Lazarus, Thomas W. Merrill, Ilya Somin
2019 National Lawyers Convention
On November 16, 2019, the Federalist Society's Environmental Law & Property Rights Practice Group hosted...
Courthouse Steps Oral Argument Teleforum: Atlantic Richfield Co. v. Christian
Corbin K. Barthold, Jonathan Wood
In Atlantic Richfield Co. v. Christian, the Supreme Court will determine whether the Comprehensive Environmental...
Courthouse Steps Oral Argument Teleforum: County of Maui, Hawaii v. Hawaii Wildlife Fund
Glenn Roper
Join us for a Courthouse Steps teleforum on the oral argument for County of Maui,...