Deputy Litigation Director, Institute for Justice
Robert McNamara serves as Deputy Litigation Director with the Institute for Justice. He joined the Institute in August 2006 and litigates cutting-edge constitutional cases protecting free speech, property rights, economic liberty and other individual liberties in both federal and state courts.
Robert’s work has resulted in court victories for property owners fighting eminent domain abuse, tour guides fighting unconstitutional restrictions on their speech, taxi drivers seeking the right to own their own business, and many others. Robert also litigates in defense of innovation and entrepreneurship in medical care and was co-counsel in Flynn v. Holder, IJ’s landmark challenge to the federal prohibition on compensating bone marrow donors.
Robert’s writing has been published by outlets including The New York Times, The Wall Street Journal, The Washington Post and dozens more nationwide. His opinions and views on legal issues have been featured in radio and television programs ranging from National Public Radio’s All Things Considered to Fox News Channel’s Hannity & Colmes.
Robert is a graduate of Boston University and the New York University School of Law, where he was a founding member and eventual editor-in-chief of the NYU Journal of Law & Liberty. He currently lives in Virginia with his wife and children.
Robert McNamara is a member of the Virginia bar.
Attorney, Pacific Legal Foundation
Daniel Woislaw joined Pacific Legal Foundation in the spring of 2019. A passionate advocate for individual liberty, he focuses his litigation on property rights, economic liberty, and regulatory overreach. He was inspired as a student by the works of free-market economists and classical liberal political philosophers such as F.A. Hayek and Frédéric Bastiat.
As a former public defender, Daniel gained a great deal of experience arguing constitutional questions surrounding Fourth, Fifth, and Sixth Amendment rights in trial courts in southern Virginia. Before that, he worked as a legal aid attorney under a grant from the Department of Justice to represent elderly victims of crime and abuse.
His initial interest in pursuing a career litigating for a free society developed while studying at The Antonin Scalia Law School at George Mason University, from which he graduated magna cum laude in the spring of 2016. During his tenure, he was the senior research editor of George Mason’s Civil Rights Law Journal, served on the school’s moot court board, and spent one summer as a Charles Koch Fellow. He has published scholarly articles on the topics of unreasonable searches and sovereign immunity, with more in progress.
Chief of Staff, Federal Communications Commission (FCC)
Mr. Delacourt is Chief of Staff of the Federal Communications Commission. In this role, he manages the Chairman's policy agenda and strategic initiatives and serves as Chief Operating Officer for the Agency. He has a broad range of experience in telecommunications and technology law and policy spanning both the governmental and private sectors. Scott joined the FCC from Wiley Rein LLP where he served as Partner and Chair of the Wireless Practice Group. He previously served in leadership positions at the FCC, including Deputy Bureau Chief and Chief of Staff of the Wireless Bureau, Senior Counsel in the Office of General Counsel, and Legal Advisor to the Wireless Bureau Chief. Scott received his Law Degree, cum laude, from the University of Michigan Law School, and his Bachelor’s Degree, summa cum laude, from Georgetown University.
Visiting Fellow, Hudson Institute
Michael O’Rielly is a visiting fellow with Hudson Institute’s Center for the Economics of the Internet.
Comm. O'Rielly was nominated for a seat on the Federal Communications Commission by President Barack Obama on August 1, 2013 and was confirmed unanimously by the United States Senate on October 29, 2013. He was sworn into office on November 4, 2013. On January 29, 2015, he was sworn into office for a new term, following his re-nomination by the President and confirmation by the United States Senate and served through December 11, 2020.
Prior to joining the agency Commissioner O’Rielly served as a Policy Advisor in the Office of the Senate Republican Whip, led by U.S. Senator John Cornyn, since January 2013. He worked in the Republican Whip’s Office since 2010, as an Advisor from 2010 to 2012 and Deputy Chief of Staff and Policy Director from 2012 to 2013 for U.S. Senator Jon Kyl.
He previously worked for the Republican Policy Committee in the U.S. Senate as a Policy Analyst for Banking, Technology, Transportation, Trade, and Commerce issues from 2009 to 2010. Prior to this, Commissioner O’Rielly worked in the Office of U.S. Senator John Sununu, as Legislative Director from 2007 to 2009, and Senior Legislative Assistant from 2003 to 2007. Before his tenure as a Senate staffer, he served as a Professional Staff Member on the Committee on Energy and Commerce in the United States House of Representatives from 1998 to 2003, and Telecommunications Policy Analyst from 1995 to 1998.
He began his career as a Legislative Assistant to U.S. Congressman Tom Bliley from 1994 to 1995.
Commissioner O’Rielly received his B.A. from the University of Rochester.
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.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Policy Advisor, Heartland Institute
Jeff Stier is a policy advisor to the Heartland Institute.
He is widely quoted in the media and has written health policy op-eds for The Wall Street Journal, the Los Angeles Times, USA Today, The New York Post, The Washington Examiner, and Foxnews.com. The New York Times, the Associated Press, Reuters, CNN, Fox News, CNBC, MSNBC, NPR and other major outlets have interviewed and quoted Stier on a wide range of topics.
Stier has testified at state and local legislatures throughout the U.S., at FDA scientific hearings and at the Office of Management and Budget. He has also been a voice for freedom at hearings at the United Nations and in Israel’s Knesset. During more than two decades of advancing public health and defending liberty, Stier has been a speaker at CPAC, policy retreats for elected officials and medical and legal conferences.
Stier advises leading investment firms on regulatory and legal risk.
Earlier, Mr. Stier crafted health and environmental policy in the Office of the Mayor during the Giuliani administration in New York City.
Mr. Stier serves on the boards of the non-profit Jewish International Connections and Park City Jewish Collective. While earning his law degree at the Benjamin N. Cardozo School of Law, Mr. Stier served two terms as Editor-In-Chief of the Cardozo Law Forum. Jeff and his canine, BB, served as a Certified Crisis Response Strike Team with NATIONAL Crisis Response Canines, supporting survivors and first-responders.
Acting Assistant Commissioner of Customs and Border Protection, Office of Professional Responsibility, U.S. Department of Homeland Security
Brian M. Fish is currently the Senior Advisor to the General Counsel at the Department of Homeland Security where he works on immigration and law enforcement issues. Previously, he was a trial attorney with the United States Immigration and Customs Enforcement, where he represented the Department of Homeland Security in removal hearings before the U.S. Immigration Court. Additionally, he was a Special Assistant United States Attorney and a Baltimore City homicide prosecutor. He is a member of the Federalist Society's Criminal Law & Procedure Practice Group Executive Committee and the President of its Baltimore Lawyers Chapter. He earned his B.A. from LaSalle University in 1992 and his J.D. from Loyola University New Orleans School of Law in 1998.
Vice President for Legal Strategy, Stand Together
Casey Mattox is Vice President for Legal Strategy at Stand Together and Senior Advisor at
Americans for Prosperity. In these roles he advocates for and creates strategies and
partnerships to ensure a constitutionally limited government that protects the civil liberties of all
Americans. Prior to joining Stand Together and AFP Casey’s legal career focused on defending
the First Amendment rights of students, faculty, healthcare workers and religious organizations.
Casey has a J.D. from Boston College School of Law and an undergraduate degree from the
University of Virginia. You can find him on Twitter at @CaseyMattox_ and on LinkedIn at
@Casey-Mattox-ST.
Associate, Wiley Rein LLP
Krystal represents and advises clients in a variety of complex litigation and appellate matters in state and federal courts. She has served in legal capacities in both public and private entities, including the U.S. Department of Justice and federal trial and appellate courts, and has extensive litigation experience ranging from pre-complaint investigations and discovery disputes to critical motions practice, trial preparation, and appeals. Krystal specializes in providing creative litigation solutions to give her clients a strategic advantage, both in and out of the courtroom.
Her experience spans a wide variety of practice areas, including government contracts, intellectual property, environment and product regulation, telecommunications, health care, as well as election law and government ethics. Krystal’s appellate work, including before the U.S. Supreme Court, has focused on significant First Amendment issues.
Krystal served as a law clerk for the Honorable Mark S. Davis on the U.S. District Court for the Eastern District of Virginia (the “Rocket Docket”). In addition, she served as a law clerk for the Honorable Alice M. Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Krystal also maintains an active pro bono practice, and for two consecutive years has won firm awards for her contributions. Most recently, she briefed and argued a multi-issue appeal of a trial verdict in the Ninth Circuit, and successfully obtained remand from the Board of Immigration Appeals after her client was denied protection under the U.N. Convention Against Torture.
Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
Vice President & Senior Counsel, Becket
Luke Goodrich is the author of Free to Believe: The Battle over Religious Liberty in America and vice president and senior counsel at the Becket Fund for Religious Liberty.
While at Becket, Luke has argued and won precedent-setting cases in the Third, Fifth, Seventh, Ninth, and Eleventh Circuits, and has helped Becket win four major Supreme Court cases in the last seven years: including victories for the Little Sisters of the Poor and Hobby Lobby against the contraception mandate, a victory for a Muslim prisoner under the Religious Land Use and Institutionalized Persons Act, and a unanimous victory in the Supreme Court’s first decision ever on the ministerial exception, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”
He frequently discusses religious freedom on networks such as CNN, Fox News, ABC, and NPR, and in publications like the Wall Street Journal, USA Today, and New York Times magazine. He also serves as an adjunct professor at the University of Utah S.J. Quinney College of Law, where he teaches constitutional law.
Before joining Becket, he clerked for Judge Michael W. McConnell on the U.S. Court of Appeals for the Tenth Circuit and graduated from the University of Chicago Law School with high honors as a member of the Law Review and the Order of the Coif.
Acting Assistant Commissioner of Customs and Border Protection, Office of Professional Responsibility, U.S. Department of Homeland Security
Brian M. Fish is currently the Senior Advisor to the General Counsel at the Department of Homeland Security where he works on immigration and law enforcement issues. Previously, he was a trial attorney with the United States Immigration and Customs Enforcement, where he represented the Department of Homeland Security in removal hearings before the U.S. Immigration Court. Additionally, he was a Special Assistant United States Attorney and a Baltimore City homicide prosecutor. He is a member of the Federalist Society's Criminal Law & Procedure Practice Group Executive Committee and the President of its Baltimore Lawyers Chapter. He earned his B.A. from LaSalle University in 1992 and his J.D. from Loyola University New Orleans School of Law in 1998.
Just Compensation: A Suggestion or a Requirement?
Robert J. McNamara, Daniel Woislaw
Can states unilaterally decide not to pay takings judgments? Some states think so. Louisiana and...
A Conversation with FCC Commissioner Michael O’Rielly: The Telephone Consumer Protection Act Landscape after Barr v. American Association of Political Consultants
Scott D. Delacourt, Michael O'Rielly
On May 6, 2020, the Supreme Court heard oral arguments in Barr v. American Association...
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...
"Junk Science" and Legal Testimony in a COVID World
Mark A. Behrens, Jeff Stier
COVID-19 has disrupted the world like few other events in recent history. The disruptions are...
Courthouse Steps Decision Teleforum: United States v. Sineneng-Smith
Brian M. Fish
Today the Supreme Court released the decision in United States v. Sineneng-Smith. By a vote of 9-0,...
Courthouse Steps Oral Argument: USAID v. Alliance for Open Society International, Inc.
Casey Mattox, Krystal Brunner Swendsboe
On May 5, 2020, the Supreme Court will hear arguments in an important First Amendment...
An Imagined Bloc and Other Figments
Donald A. Daugherty
Federalist Society Review, Volume 21
A review of American Justice 2019: The Roberts Court Arrives, by Mark Joseph Stern (University...
Topics
A Billion Dollar (Almost) Trade Secrets Dispute
Automated valuation models (AVMs) – computer models typically employing artificial intelligence (AI) and used to...
Litigation Update: COVID-19 and the Supreme Court’s Religious Liberty Cases
Luke Goodrich
Amid a flurry of cancelations and postponements in response to the COVID-19 pandemic, many are...
Courthouse Steps Decision Teleforum: Kansas v. Glover
Brian M. Fish
On April 6, 2020, the Supreme Court, by a vote of 8-1, held that reasonable...