David Boies Professor of Law, Yale Law School
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.
Instructor of Accounting, University of Central Florida College of Business
Professor F. E. Guerra-Pujol was born in Los Angeles, Calif., to Francisco Guerra and Oilda Pujol. He attended college at the University of California at Santa Barbara, graduating with highest honors, and received his Juris Doctorate from Yale Law School. After practicing business law for several years, Professor Guerra-Pujol began his academic career at the Pontifical Catholic University of Puerto Rico. He is currently teaching at the University of Central Florida. His areas of research include markets, property rights and the philosophy of law. He is also the author of many scholarly papers, journal articles and book chapters, including “Gödel’s Loophole,” “A Bayesian Model of Litigation” and “The Poker-Litigation Game.” You can access his work here:
https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=649450
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.
Director, Damon Key Leong Kupchak Hastert
Robert H. Thomas is a land use and appellate lawyer, and focuses on regulatory takings, eminent domain, water rights, and election and political law cases. He has tried cases and appeals in Hawaii, California, and the federal courts. For a list of reported cases in which he’s been involved, go here.
Robert is also the inaugural Joseph T. Waldo Visiting Chair in Property Rights Law at the William & Mary Law School in Williamsburg, Virginia, where he teaches courses on eminent domain, property rights, and other property-related courses.
Robert received his LLM, with honors, from Columbia Law School where he was a Harlan Fiske Stone Scholar, and his JD from the University of Hawaii School of Law where he served as editor of the Law Review. Robert taught law at the University of Santa Clara School of Law, and was an exam grader and screener for the California Committee of Bar Examiners.
He was the Chair (2017-18) of the American Bar Association’s Section on State & Local Government Law, was the long-time Chair of the Section’s Eminent Domain Law Committee, and currently chairs the Regulatory Takings Committee.
He is the Hawaii member of Owners’ Counsel of America, a national network of the most experienced eminent domain and property rights lawyers. Membership in OCA is by invitation only, and is limited to a single attorney from each state. He is also the Co-Planning Chair of the American Law Institute-CLE’s annual three-day conference on condemnation law, Eminent Domain and Land Valuation Litigation. Robert is also the Managing Attorney for the Pacific Legal Foundation Hawaii Center, and is listed in Best Lawyers in Eminent Domain and Condemnation Law, and Land Use & Zoning Law, and in Super Lawyers in Appellate Law, Land Use/Zoning, and Government/Cities/Municipalities.
He is also a frequent speaker on land use and eminent domain issues in Hawaii and nationwide. Robert regularly publishes scholarly and practical articles in his area of practice. For a partial list, go here. His blog on land use, property, and takings law, inversecondemnation.com, is one of the most widely-read blogs on those subjects.
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.
Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
W. DeVier Pierson Professor of Law, University of Oklahoma College of Law
In 2001 Taiawagi Helton joined the faculty of the University of Oklahoma College of Law, where he teaches environmental law, property law, and Indian law. His research emphasizes environmental and natural resources issues relating to Native Americans, as well as nation building in Indian country.
Helton began his legal career as a clerk for the Honorable Robert H. Henry, U.S. Court of Appeals for the Tenth Circuit. He has served as a Special Justice for the Cheyenne and Arapaho Tribes Supreme Court (2004-2008) and as a member of the Board of Directors of Oklahoma Indian Legal Services. In 2012, Helton received the O.U. Regents’ Award for Superior Teaching, the University’s highest award for teaching excellence.
Helton earned his Master of Laws degree from Yale Law School in 2001. In 1999 he received a juris doctor degree with highest honors from the University of Tulsa College of Law, where he served as Editor-in-Chief of the Tulsa Law Journal and earned membership in the Order of the Curule Chair.
Partner, Spencer Fane LLP
Andy Lester has a civil litigation and appellate practice in both state and federal court. His fields of emphasis include complex business, civil rights, commercial, constitutional, and state and local government law. He has faced off against the White House over the use of Executive Privilege, has appeared as counsel before committees of the United States Senate and the United States House of Representatives, and has been a featured guest on television shows such as Hardball with Chris Matthews and The Situation Room with Wolf Blitzer. He has also served as Acting General Counsel for the Oklahoma House of Representatives, and has twice served as Chief Counsel to Special House Committees investigating public corruption.
While in law school, Lester served on President Ronald Reagan’s Transition Team for the Equal Employment Opportunity Commission. In 2002, he chaired Governor Brad Henry’s Law Enforcement/Corrections Transition Team and, as a member of the Budget/Finance Transition Team, helped write Governor Henry’s first State budget.
He is a former United States Magistrate Judge for the Western District of Oklahoma, and has served as Adjunct Professor at Oklahoma City University School of Law, having taught State & Local Government, Employment Law, Criminal Law, and International Law. Lester has written over 100 articles and papers on professional and public policy issues, and has published one book, Constitutional Law and Democracy, a collection of speeches he gave in 1993 in the former Soviet Union.
Lester is a former member of the Oklahoma State Regents for Higher Education, and in 2019 was named a State Regent Emeritus. He served on the board of Eureka College (President Reagan’s alma mater), is a former chairman of the Oklahoma Advisory Committee for the United States Commission on Civil Rights, and is a past president, past board chairman, and current board member of the Tenth Circuit Historical Society. He co-chaired the bipartisan Oklahoma Death Penalty Review Commission, which conducted the first-ever independent, objective, and thorough review of the state’s entire capital punishment system.
In 2012, Lester was named Citizen of the Year of Edmond, Oklahoma. He is a past president of the Rotary Club of Edmond, and in 2011 was named Rotarian of the Year.
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.
Independent Consultant
Since 2001, Dr. Richard Belzer has been an independent consultant in regulation, risk, economics and information quality. Previously he was a visiting professor of public policy at Washington University in St. Louis and economist in the Office of Information and Regulatory Affairs in the Office of Management and Budget. He received his Ph.D. in public policy from Harvard University (1989), Master’s in Public Policy (MPP) from the John F. Kennedy School of Government (now Harvard Kennedy School) (1982), and MS and BS degrees in agricultural economics from the University of California at Davis (1979, 1980). He is a regular contributor to scholarly professions through journal peer review and service to professional societies. He was elected Treasurer of the Society for Risk Analysis (1998, 2000) elected Secretary-Treasurer of the Society for Benefit-Cost Analysis (2008, 2010, 2012). He earned multiple awards for exemplary performance at OMB, the SRA’s Distinguished Service Award (2003), and the SBCA’s Richard O. Zerbe, Jr. Distinguished Service Award (2017). In 1995, he was named a Fellow of the Cecil and Ida Green Center for the Study of Science and Society. In 2017, Dr. Belzer completed a 2-year term as a member of the USEPA Science Advisory Board Panel on Economy-wide Modeling. He serves as a member of the RTP Energy and Environment Working Group.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Senior Executive & Director, Center for City Solutions, National League of Cities
Brooks Rainwater is the senior executive and director of the National League of Cities’ (NLC) Center for City Solutions. Rainwater drives the organization’s research agenda, community engagement efforts, and leadership education programming to help city leaders create strong local economies, safe and vibrant neighborhoods, world-class infrastructure, and a sustainable environment.
As an advocate for strong local leadership, Rainwater leads a team of experts across the field of urban policy, and regularly advises cities both in the United States and globally on critical issues faced now and yet to come. He has published a wide variety of reports and articles on innovative solutions that lead to vibrant and successful cities.
Rainwater speaks regularly across the country and overseas on issues facing city leaders. Under his leadership of the Center, it has grown and developed a host of new programs from land use and equitable development to alternative energy and resilience to urban innovation and enhanced city governance strategies.
Rainwater’s research and interests include advancements in technology and city innovation, the sharing economy, and how the rise of state preemption is impacting local authority. His expertise is a draw for media outlets, including the TODAY Show, Wall Street Journal, The Washington Post, CNN, NPR, and the New York Times. Rainwater also frequently contributes to publications such as Fast Company, Forbes, CityLab, Business Insider, TechCrunch, and Fortune.
Prior to joining NLC, Rainwater was Director of Public Policy for the American Institute of Architects (AIA). While there he developed the Local Leaders research series and spearheaded the Cities as a Lab initiative focused on the key role cities play as creative instigators of innovative practices.
Rainwater serves on numerous boards with current and past service to the STAR Communities Board, the American Library Association Public Policy Advisory Council, the International Advisory Board for the City of Rotterdam, and the Arlington County Environment and Energy Conservation Commission.
Vice President for Litigation & General Counsel, Goldwater Institute
Jon Riches is the Vice President for Litigation for the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation and General Counsel for the Institute. He litigates in federal and state trial and appellate courts in the areas of economic liberty, regulatory reform, free speech, taxpayer protections, public labor issues, government transparency, and school choice, among others.
Jon has developed and authored several pieces of legislation, including the landmark Right to Earn a Living Act, which provides some of the greatest protections in the country to job-seekers and entrepreneurs facing arbitrary licensing regulations. He also developed legislation eliminating deference to administrative agencies in Arizona—a first-of-its-kind regulatory reform that can serve as a model for the rest of the country.
His work at the Institute has been covered by national media, including the Wall Street Journal, New York Times, CBS This Morning, Bloomberg News, and Politico. Jon is also a member of the Federalist Society’s Regulatory Transparency Project: State and Local Working Group.
Prior to joining the Goldwater Institute, Jon served on active duty in the U.S. Navy Judge Advocate General’s (JAG) Corps. While on active duty, Jon represented hundreds of clients, litigated dozens of court-martial cases, and advised commanders on a vast array of legal issues.
He previously clerked for Sen. Jon Kyl on the U.S. Senate Judiciary Committee, worked for the Rules Committee in the Arizona State Senate, and clerked in the Office of Counsel to the President at the White House. Jon received his B.A. from Boston College, where he graduated magna cum laude and Phi Beta Kappa. He earned his J.D. from the University of Arizona, James E. Rogers College of Law.
Jon served as a presidentially appointed Panel Member on the Federal Service Impasses Panel. He is an officer in the U.S. Navy Reserve and an Adjunct Professor at Arizona State University School of Law. Jon is a native of Phoenix.
Pandemics & Economic Loss: Should the Government Compensate Citizens? [POLICYbrief]
Keith E. Whittington
Short video featuring Keith Whittington
Historically, the government has taken or destroyed property without compensation if the property or owner...
Courthouse Steps Decision Teleforum: County of Maui, Hawaii v. Hawaii Wildlife Fund
Glenn Roper
The Supreme Court released the decision in County of Maui v. Hawaii Wildlife Fund on April...
Topics
EPA’s Section 401 Rule Respects Federalism While Addressing State Abuses
A central feature of the Clean Water Act (CWA) is cooperative federalism. In fact, right...
COVID-19 & Property Rights: Do Government Actions in Response to the Coronavirus Pandemic Create Compensable Takings?
F. E. (Enrique) Guerra-Pujol, Ilya Somin, Robert H. Thomas
Numerous businesses around the country have been shuttered by state government shutdown orders adopted to...
Courthouse Steps Decision: Atlantic Richfield Co. v. Christian
Jonathan Wood
On April 20, 2020, the Supreme Court, by a vote of 7-2, held that owners...
Courthouse Steps Oral Argument Teleforum: McGirt v. Oklahoma
Anthony J. Ferate, Taiawagi "Tai" Helton, Andy Lester
Tribal jurisdiction is again before the Supreme Court. Following November 2018 arguments, Chief Justice John...
Deep Dive Episode 111 – The Truth About the EPA’s Science Transparency Rule
Daren Bakst, Richard B. Belzer, Adam White
Regulatory Transparency Project's Fourth Branch Podcast
In 2018, the Environmental Protection Agency proposed a rule entitled “Strengthening Transparency in Regulatory Science.” ...
Topics
Covid-19 and Property Rights
Please mark your calendars for Friday, May 15, 2020 at 2:30pm Eastern Time, for the...
Topics
Atlantic Richfield Co. v. Christian: Major Superfund Case Generates More Questions Than Answers
Disclaimer: The author filed an amicus brief on behalf of Pacific Legal Foundation and the...
Deep Dive Episode 108 – Regulating Home-Sharing and Home-Based Businesses
Brooks Rainwater, Jonathan Riches
Regulatory Transparency Project Teleforum
In this episode, Brooks Rainwater and Jon Riches discuss developments in state and local regulations...