Lewis & Clark Distinguished Professor of Law Emeritus, Lewis & Clark Law School
Professor Funk is the author of American Constitutional Structure and a co-author of one of the leading administrative law casebooks, Administrative Procedure and Practice: Problems and Cases, as well as Administrative Law: Examples & Explanations and the Federal Administrative Procedure Sourcebook. Together with Professor Craig Johnston, Professor Funk is also a co-author of Legal Protection of the Environment, an environmental law casebook. In 2004-05, Funk was a Senior Fulbright Scholar at the University of Heidelberg, where he taught both American constitutional law and environmental law. Funk has published numerous articles on administrative and environmental issues, including in such publications as the Duke Law Journal, the Harvard Journal on Legislation, the Yale Journal on Regulation, the Administrative Law Review, and the U.C.L.A Journal of Environmental Law and Policy. He has chaired both the Administrative Law and Natural Resources Law Sections of the American Association of Law Schools. Funk is also active in the American Bar Association, where he recently served on the ABA’s President’s Task Force on Preemption of State Tort Law and where he is a Fellow of the Administrative Law and Regulatory Practice Section, which he formerly chaired and on whose Council he served. Professor Funk is also a Center for Progressive Reform Scholar, a member of the American Law Institute, and a Fellow of the American Bar Foundation. He has been admitted to practice in New York, the District of Columbia, and before the U.S. Supreme Court.
Before coming to the law school to teach, Professor Funk was an assistant general counsel at the U.S. Department of Energy and earned a special citation for exceptional performance from the Secretary of Energy. Prior to that Funk served as the principal staff member of the Legislation Subcommittee of the U.S. House of Representatives Permanent Select Committee on Intelligence, where he was instrumental in the drafting of the Foreign Intelligence Surveillance Act. Before joining the House Committee, Funk was a staff attorney in the Office of Legal Counsel of the U.S. Department of Justice, where he received a special commendation for outstanding service. Immediately after law school he clerked for Judge James Oakes of the U.S. Court of Appeals, Second Circuit.
Of Counsel, Covington & Burling LLP
The Honorable Paul J. Ray is currently Of Counsel at Covington & Burling LLP where he advises clients on regulatory opportunities and challenges and helps them formulate and execute advocacy strategies for their regulatory policy priorities before the executive branch and Congress.
During the first Trump Administration, Paul held various senior positions at the Office of Information and Regulatory Affairs (OIRA) within the White House’s Office of Management and Budget, including as acting, and then Senate-confirmed, head of the office. As OIRA Administrator (the "regulations czar"), Paul supervised the review of hundreds of regulations from across the government, drafted numerous executive orders governing the regulatory process, and led the Administration’s regulatory reform effort. As a result of this experience, Paul is well-positioned to help clients understand and achieve regulatory policy priorities in the context of the government’s regulatory agenda and ongoing reform efforts.
Most recently, Paul was also the Director of the Roe Institute for Economic Policy Studies at The Heritage Foundation. In that role, he supervised the formulation of the Foundation’s economic and regulatory policy recommendations and provided technical assistance to congressional committees and staff regarding legislative changes to the regulatory process. In addition to his role at The Heritage Foundation, Paul also served as a Senior Advisor at a strategic advisory firm. Before his time in government, Paul practiced law at a law firm in Washington, specializing in administrative law matters.
Prior to his role at the White House, Paul was Counselor to the Secretary at the U.S. Department of Labor. There he led departmental efforts in high-profile rulemakings and helped formulate the Department’s legal positions and strategy.
Paul served as a law clerk to Supreme Court Justice Samuel Alito and as a law clerk to the Honorable Debra Livingston of the U.S. Court of Appeals for the Second Circuit.
Paul is a thought leader in the conservative legal movement and is a frequent commentator and speaker on regulatory policy and reform matters, including at law schools, professional gatherings, and other venues. He is the Chairman of Innovations in Peacebuilding International and the Regulatory Process Working Group of the Federalist Society’s Regulatory Transparency Project and a public member of the Administrative Conference of the United States. Paul is also an adjunct lecturer at the Hillsdale College School of Government.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Litigation Fellow, Institute for Justice
Trace Mitchell is a Litigation Fellow at the Institute for Justice.
Prior to joining IJ, Trace clerked for the Honorable Judge Biran of the Court of Appeals of Maryland. He previously served as Policy Counsel for NetChoice, a technology-focused trade association dedicated to the principles of free enterprise and free expression on the internet, where he focused on issues surrounding content moderation, antitrust policy, and entrepreneurialism and innovation more generally. Before that, Trace worked as a Research Associate with the Mercatus Center and as a Program Associate with the Liberty & Law Center at George Mason University. Trace was the 2019 winner of Think Freely Media’s “Great Communicators Tournament” and his writing has appeared in the Wall Street Journal, Law360, InsideSources, The Hill, National Review, as well as various other publications nationwide.
Trace received his undergraduate degree from Florida Gulf Coast University and his law degree from the George Mason University, Antonin Scalia Law School.
Trace is a member of the D.C. bar.
Legal Fellow, Center for Constitutional Studies, Cato Institute
Brent Skorup is a legal fellow in the Cato Institute’s Robert A. Levy Center for Constitutional Studies.
Before joining Cato, he was a senior research fellow at the Mercatus Center at the George Mason University. His research areas include free speech, technology law, Fourth Amendment protections, regulation, and property law. Skorup has published pieces in economics and law journals and in popular media, including The Wall Street Journal, The New York Times, Bloomberg Law, Reuters, and Wired. He’s appeared as a TV and radio interview guest for news outlets like C‑SPAN, NPR, CBS News, ABC News, and CNBC Asia.
The Pennsylvania Supreme Court, a dissenting opinion at the Illinois Supreme Court, and the ALI's Restatement of the Law of Property have cited his legal research and he has testified as a technology and legal expert in legislative hearings in several states. Skorup has been appointed to several federal and state advisory bodies and he is currently a member of the Texas Advanced Air Mobility Advisory Committee.
Skorup has a BA in economics from Wheaton College and a law degree from the George Mason University School of Law, where he was articles editor for the Civil Rights Law Journal. He was a legal clerk at the FCC’s wireless bureau and Office of General Counsel and at the Energy and Commerce Committee in the U.S. House of Representatives.
Senior Policy Analyst, Speech, Privacy, and Technology Project, ACLU
Jay Stanley (@JayCStanley) is senior policy analyst with the ACLU Speech, Privacy, and Technology Project, where he researches, writes and speaks about technology-related privacy and civil liberties issues and their future. He is the editor of the ACLU’s Free Future blog and has authored and co-authored a variety of influential ACLU reports on privacy and technology topics. Before joining the ACLU, he was an analyst at the technology research firm Forrester, served as American politics editor of Facts on File’s World News Digest, and as national newswire editor at Medialink. He is a graduate of Williams College and holds an M.A. in American History from the University of Virginia.
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.
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.
Topics
Yim v. City of Seattle: The Fundamental Right to Exclude and to be Secure in the Home
A man’s house is his castle. His security against all the world. A bedrock proposition...
Regulation and Red Tape: Sackett v. EPA: A Tale of Wetland Regulations
William Funk, Paul J. Ray, Damien Michael Schiff
A Regulatory Transparency Project Fourth Branch Video
At what point can Americans go to court to defend themselves against agency enforcement action?...
Tech Roundup Episode 20 – Drone Surveillance and the Fourth Amendment
Trace Mitchell, Brent Skorup, Jay Stanley
Regulatory Transparency Project's Fourth Branch Podcast
Are we ready to live under the watchful eye of drones? In this Tech Roundup...
Topics
Tyler v. Hennepin County: Why This Seemingly Innocent Decision is Disquieting
A Supreme Court ruling, like many other things, may not be quite what it seems....
Topics
Arizona v. Navajo Nation: SCOTUS Zags Back
Indian law, including Indian constitutional law, is famously chaotic. With the Supreme Court’s 5-4 decision...
Environmental Enforcement: Policies, Priorities, and the Rule of Law
Regulatory Transparency Project
Our Nation’s environmental laws and regulations are designed to foster the responsible use of natural...
Environmental Enforcement: Policies, Priorities, and the Rule of Law
Regulatory Transparency Project
Our Nation’s environmental laws and regulations are designed to foster the responsible use of natural...
Courthouse Steps Decision: Tyler v. Hennepin County, Minnesota
Tony Francois
On Thursday, May 25, 2023, the Supreme Court issued a unanimous decision in Tyler v....
Courthouse Steps Decision: Tyler v. Hennepin County, Minnesota
Tony Francois
On Thursday, May 25, 2023, the Supreme Court issued a unanimous decision in Tyler v....
Topics
Major Unanimous Supreme Court Victory for Property Rights in Tyler v. Hennepin County
This post was originally published at the Volokh Conspiracy. [Thursday] morning, the Supreme Court issued...