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.
Judge, United States Court of Appeals, Ninth Circuit
Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.
As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.
President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.
Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.
Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.
A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.
Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University
In memoriam
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
Partner, Johns & Counsel PLLC
Chris Johns advocates for people and causes he believes in. He represents individuals and businesses as they confront powerful interests on the other side: property owners in eminent-domain cases, people and organizations seeking to exercise constitutional rights, and others with a just cause in a civil trial or appeal.
Chris has won cases for clients in courts across the country—from state and federal trial and appellate courts to the United States Supreme Court. He is also an adjunct professor at the University of Texas School of Law, where he teaches the course on eminent domain and private-property rights.
Chris grew up and attended public schools in Buckhannon, West Virginia. He went to Brigham Young University on academic and piano scholarships and, after his first year of college, served for two years as a full-time volunteer for his church in Oakland and San Francisco. Chris spent most of his time in neighborhoods unlike anything he’d ever seen in rural West Virginia. Still, he can’t imagine a better education: speaking with thousands of people about life, hopes, fears, and spiritual paths; becoming fluent in Spanish; observing communities that thrived and others that failed; and making friends with individuals from many countries and many walks of life, from gang members to high-level government officials. Chris decided during his volunteer service that he eventually wanted to become a lawyer and advocate. He studied English upon return to BYU, graduating magna cum laude in 1997.
Chris received his J.D. with high honors from the University of Texas School of Law. There, he was editor in chief of the Texas Law Review, a member of the Chancellors honor society, and a member of the Order of the Coif. He received Dean’s Achievement Awards in several of his classes. After graduation, Chris clerked for the Honorable Phyllis A. Kravitch of the United States Court of Appeals for the Eleventh Circuit.
He then attended the University of Oxford, where he received a postgraduate law degree and authored a frequently cited dissertation analyzing the relationship between property and the law of obligations.
Chris entered private practice at Weil, Gotshal & Manges LLP, where he worked with former Texas Solicitor General Greg Coleman in the firm’s national Supreme Court and appellate practice. He and three of his law-school classmates founded Johns Marrs Ellis & Hodge LLP, a trial and appellate boutique, and practiced together for nearly nine years.
In March 2018, Chris opened Johns & Counsel PLLC with a small, elite team dedicated to the clients and causes that mean most to him and the other members of the firm.
Chris appears on the 2018 and 2019 list of The Best Lawyers in America, a peer-selected honor. Texas Super Lawyers Magazine named him to its 2014, 2015, 2016, 2017, and 2018 lists of “Super Lawyers” and to its 2013 and 2014 lists of “Rising Stars.” He is also a barrister in the Lloyd Lochridge American Inn of Court. Chris has testified about property rights on invitation from the Texas Legislature, is a regular speaker at national and state CLE conferences, has received multiple pro bono service awards, helped train UT’s moot-court teams, and has appeared as a legal commentator on television news programs.
Chris is licensed in Texas and New York and is admitted to practice before the Supreme Court of the United States, the U.S. Courts of Appeals for the Fourth, Fifth, and Federal Circuits, the U.S. Court of Appeals for the Federal Circuit, the U.S. District Courts for the Eastern, Southern, and Western Districts of Texas, the U.S. Court of Federal Claims, several other federal courts across the country, and all state courts in Texas.
Partner, Foley & Lardner LLP
Jeffrey A. Simmons is a partner and member of Foley & Lardner’s Business Litigation & Dispute Resolution Practice, where he focuses on complex litigation matters. Mr. Simmons was lead counsel in one of the largest insurance rehabilitations in U.S. history, In the Matter of the Rehabilitation of Segregated Account of Ambac Assurance Corporation, Case No. 10-cv-1576 (Dane Co., Wis.). A large portion of his practice is also devoted to trademark, copyright, patent and trade secret disputes. He currently serves on the Seventh Circuit Court of Appeals’ subcommittee responsible for rewriting the circuit’s pattern jury instructions for trademark and copyright cases.
Prior to joining Foley, Mr. Simmons served as a law clerk to the Hon. John W. Reynolds, U.S. District Court for the Eastern District of Wisconsin.
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.
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