Former Deputy Attorney General for Virginia
Kennerly Davis has over forty years of experience in corporate management, public service, and the private practice of law. He has held senior executive positions in a Fortune 500 electric and gas company. He has served as Deputy Attorney General for the Commonwealth of Virginia, and as a legislative aide to a U.S. Senator and a U.S. Congressman. He practiced law for 25 years with Hunton Andrews Kurth LLP.
Davis is active in the Federalist Society as a member of the Regulatory Process Working Group of the Regulatory Transparency Project, and as a member of the Execuitve Committee of the Administrative Law and Regulation Practice Group. He is active in the national Alumni Free Speech Alliance, and involved in AFSA-chapter initiatives, including litigation, to publicize and correct the serious legal problems created by university Diversity, Equity, and Inclusion programs and the anonymous bias reporting systems used to enforce those DEI programs.
Davis writes and speaks on a wide variety of topics, including those related to the Founding of America, the natural rights foundation of our Republic, the constitutional rule of law, equal protection and free speech, DEI programs and bias reporting systems, capitalism, regulation and regulatory reform, and economic development. His articles have appeared in The Wall Street Journal, the Washington Examiner, the Richmond Times-Dispatch, The Federalist Society Review, the FedSoc Blog, Real Clear Energy, Townhall, the Daily Caller, reports of the Center for Strategic & International Studies, and other publications. He appears frequently on radio, podcasts, and television.
Davis graduated with honors from Cornell University with an A.B. degree in Government. He earned an M.A. degree from Pembroke College, Oxford, in Philosophy, Politics, and Economics. He was awarded a J.D. degree from Harvard Law School, and an M.B.A. degree from Virginia Commonwealth University.
Davis lives in Richmond, Virginia. He can be contacted by email: j.kendavis@verizon.net, and by phone: (804) 624-8525.
Wall Chair in Corporate Law and Governance and Professor of Law, University of Missouri School of Law
Thom Lambert holds the Wall Family Chair in Corporate Law and Governance at the University of Missouri Law School. He is co-author of a leading antitrust casebook and has published more than two dozen law review articles on antitrust, corporate, and regulatory matters. His most recent book, How to Regulate: A Guide for Policymakers was published by Cambridge University Press in 2017. He is a regular contributor to the law and economics blog, Truth on the Market (www.truthonthemarket.com) and is currently a visiting professor at Washington University Law School.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
International Consumer Counsel, Electronic Privacy Information Center (EPIC)
Sunny Seon Kang is International Consumer Counsel at the Electronic Privacy Information Center (EPIC). Her work at EPIC focuses on U.S. privacy regulations and EU data protection laws. She advocates for the global implementation of the GDPR to raise online privacy standards. In London, Ms. Kang was a Legal Researcher for the Western Balkans Rule of Law Project and authored judicial guidelines on the right to privacy and freedom of expression under the European Convention on Human Rights. She was a Summer Associate at Allen & Overy UK in the intellectual property litigation department, and worked in Seoul as a Research Fellow at the Innovation, Competition & Regulation (ICR) Law Center. In San Francisco, Ms. Kang was a Legal Extern at the California Department of Justice, Attorney General Kamala Harris' Office, where she produced legislative analyses and policy recommendations on state privacy laws. Prior to joining EPIC, Ms. Kang was a Legal Fellow and Yelp Public Policy Affiliate at TechFreedom on FTC regulatory affairs and consumer privacy. Ms. Kang holds a law degree (LL.B.) from University College London and a Master of Laws (LL.M.) in Intellectual Property and Technology from the UC Berkeley School of Law. She is certified to the New York bar.
Senior Vice President, Strand Consult
Roslyn Layton, PhD is a leading international expert on technology policy. She is Senior Vice President of Strand Consult, an independent consultancy serving the global mobile telecom industry. She is also a Visiting Researcher at Aalborg University Copenhagen where she earned a doctoral thesis on network neutrality by measuring the outcome of the policy across 53 countries over 5 years. She served on the Presidential Transition Team for the Federal Communications Commission (FCC), and her work was critical to the FCC’s defense for the Restoring Internet Freedom Order. She has testified to the United States Senate and House on multiple topics including spectrum, broadband, mobile mergers, competition, and privacy. She founded the think tank China Tech Threat to study the problems of technology produced by the People’s Republic of China. She serves as the Program Chair for the Telecom Policy Research Conference, the leading interdisciplinary academic gathering. Her recent paper on rural broadband describes the empirical case for policy reform to recover network infrastructure costs from streaming video entertainment providers. She is a Senior Contributor to Forbes.
Senior Fellow, R Street Institute
Prior to R Street, Adam spent 12 years as a senior fellow at the Mercatus Center at George Mason University. Before the Mercatus Center, he served as the president of the Progress and Freedom Foundation. Adam has also worked for the Adam Smith Institute, the Heritage Foundation and the Cato Institute.
Adam has published 10 books on a wide range of topics, including online child safety, internet governance, intellectual property, telecommunications policy, media regulation and federalism.
In 2008, Adam received the Family Online Safety Institute’s “Award for Outstanding Achievement.”
Senior Fellow and Academic Director, Penn Carey Law School
Gus Hurwitz is a Senior Fellow and the Academic Director of the Center for Technology, Innovation & Competition and the University of Pennsylvania Carey Law School where he is working to develop academic and scholarly programs at the intersecution of law, technology, and policy.
He is also Director of Law & Economics Programs at the International Center for Law & Economics (ICLE), a think tank based in Portland, Oregon, where he directs its law and economics-focused research program and helps to translate academic research into applied policy issues.
Hurwitz's research focuses on the regulation of technology, including administrative and regulatory law, antitrust law, torts and products liability, and media law - alongside cognate fields. Inrecent years he has worked on an AI standardization initiative with Seoul National University, a UNICEF-organized study of broadband deployment to public schools in Rwanda, and a book on conglomerate and ecosystems theories of antitrust.
He has published over 30 articles and book chapters, two books (one on cybersecurity law & policy, one on media regulation in the digital era) and have two more in process, over 100 shorter writings (op-eds, shorter analyses, blog posts, &c), hosted over 100 podcast episodes, and regularly appear or am quoted in popular media (including the NY Times, Wall Street Journal, Washington Post, and Associated Press). His work has been cited by legislators, federal courts of appeals, and federal regulatory agencies.
He was previously a full professor and founding director of the Governance & Technology Center at the University of Nebraska, prior to which he was the inaugural research fellow at the Center for Technology, Innovation & Competition (CTIC). From 2007 to 2010, he was a trial attorney with the U.S. Department of Justice Antitrust Division in the Telecommunications and Media Enforcement Section.
He also is, or has been, affiliated with the Classical Liberal Institute at New York University School of Law, the National Security Institute at George Mason University, and the American Enterprise Institute (AEI).
Before attending law school, Hurwitz worked at Los Alamos National Lab and interned at the Naval Research Lab. During this time his work was recognized by the Federal Laboratory Consortium, Los Alamos National Lab, IEEE & ACM, Corporation for Education Network Initiatives in California, R&D Magazine, and even the Guinness Book of World Records.
A current list of Hurwitz’s publications is available on his website: GusHurwitz.net.
President and Founder, International Center for Law & Economics
Geoffrey A. Manne is the president and founder of the International Center for Law and Economics (ICLE), a nonprofit, nonpartisan research center based in Portland, Oregon. He is also a distinguished fellow at Northwestern Law School’s Searle Center on Law, Regulation, & Economic Growth. In April 2017 he was appointed by FCC Chairman Ajit Pai to the FCC’s Broadband Deployment Advisory Committee, and he recently served for two years on the FCC’s Consumer Advisory Committee.
Mr. Manne earned his JD and AB degrees from the University of Chicago and is an expert in the economic analysis of law, specializing in competition, telecommunications, consumer protection, intellectual property, and technology policy.
Prior to founding ICLE, Manne was a law professor at Lewis & Clark Law School. From 2006-2009, he took a leave from teaching to develop Microsoft’s law and economics academic outreach program. Manne has also served as a lecturer in law at the University of Chicago Law School and the University of Virginia School of Law. He practiced antitrust law and appellate litigation at Latham & Watkins, clerked for Hon. Morris S. Arnold on the 8th Circuit Court of Appeals, and worked as a research assistant for Judge Richard Posner. He was also once (very briefly) employed by the FTC.
Mr. Manne’s publications have appeared in numerous journals including the Journal of Competition Law and Economics, the Harvard Journal of Law and Technology, the Supreme Court Economic Review, and the Arizona Law Review, among others. With former FTC Commissioner, Joshua Wright, Manne is the editor of a volume from Cambridge University Press entitled, Competition Policy and Intellectual Property Law Under Uncertainty: Regulating Innovation. Manne has also testified on several occasions before Congress and at the FCC and FTC, and he regularly files written comments and amicus briefs on key antitrust, IP, and telecommunications issues. His analysis is frequently published in popular print and broadcasting outlets such as the Wall Street Journal, Wired, Foreign Affairs, NPR, and Bloomberg, among others.
Manne is a member of the American Law and Economics Association, the Canadian Law and Economics Association, and the Society for Institutional & Organizational Economics. He blogs at Truth on the Market (www.truthonthemarket.com) (of which he is also the co-founder), is a contributor at WIRED, and tweets at @geoffmanne. His scholarly publications are available at http://ssrn.com/author=175541.
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.
Partner, Boyden Gray PLLC
Jimmy Conde is partner at Boyden Gray PLLC, specializing in energy, environmental, and administrative law, with particular expertise in the Clean Air Act. He has protected clients against agency overreach in cutting-edge and complex legal proceedings, including challenges to EPA, DOE, DOT, and California rules seeking to compel electrification of motor vehicles, the FCC’s universal service fund, Department of Labor Wage & Hour Division rules, and HHS rules interfering with the practice of medicine and sound insurance practices. His written commentary has been published and referenced in the Wall Street Journal, the Washington Examiner, Concurrences (an antitrust publication), and Newsweek, among others.
Mr. Conde began his legal career as an associate with Boyden Gray PLLC. He clerked for Judge Douglas H. Ginsburg in the U.S. Court of Appeals for the D.C. Circuit and Judge David J. Porter in the U.S. Court of Appeals for the Third Circuit.
Partner, Donahue & Goldberg LLP
Sean H. Donahue's practice is focused on appellate litigation, including environmental cases in federal and state appellate courts, legal counseling, and helping clients communicate effectively to courts, agencies, and other audiences. He is a member of the bars of the District of Columbia and the State of California.
A 1992 graduate of University of Chicago Law School, Sean served as law clerk to Ruth Bader Ginsburg, then of the U.S. Court of Appeals for the D.C. Circuit, and to Justice John Paul Stevens. He entered private practice at Jenner & Block's Washington office, where he worked on civil matters including in telecommunications and First Amendment law. He then spent four years at the Department of Justice, Environmental and Natural Resources Division, Appellate Section, briefing and arguing cases in the United States Courts of Appeals, and state supreme courts concerning federal environmental and natural resources law, federal property law, takings, and Indian law.
Sean has argued approximately 50 cases in federal and state appellate courts. Since first establishing his own practice in 2002, he has represented environmental and public health organization parties in numerous major environmental and clean energy cases in the Supreme Court and the courts of appeals. His current practice includes representation of public interest organizations, governmental bodies, and private entities in environmental, energy, natural resources, and other cases. Sean has taught courses in environmental law, civil procedure, constitutional law and other subjects at Washington & Lee University School of Law, Iowa College of Law, and Georgetown University Law Center, and currently teaches climate change law and policy as a lecturer at Stanford Law School. He has given presentations at law schools including Berkeley, Columbia, Fordham, Harvard, Duke, Georgetown, Maryland, NYU, Northwestern, Stanford, University of Chicago, University of Florida, Vermont Law School, and Washington & Lee.
Partner, King & Spalding, LLP
Jacqueline Glassman specializes in motor vehicle and consumer safety, vehicle fuel economy and other transportation issues. She works with companies to resolve enforcement problems, find business opportunities in emerging initiatives and build healthy relations with regulators. Jacqueline frequently works with crisis management teams to find solutions that build consumer confidence and minimize corporate pain. As a partner in King & Spalding's Government Advocacy practice, Jacqueline helps lead the Automotive and Transportation Initiative.
Jacqueline's career has spanned corporate, government and private practice.
While in-house at a major automaker, Jacqueline developed the instinct for finding solutions to legal problems while advancing business objectives. As Chief Counsel at the National Highway Traffic Safety Administration, Jacqueline spearheaded the reform of the vehicle fuel efficiency program. She also oversaw scores of rule-making and enforcement actions, including the initial implementation of the TREAD Act. As NHTSA's Acting Administrator, Jacqueline worked with the White House and congressional staff to develop policy and legislation impacting the auto industry.
Jacqueline has worked with companies to create credit opportunities for frontier technologies in fuel efficiency and safety. She is actively involved with numerous companies developing and implementing automated technology for motor vehicles. Jacqueline has negotiated Consent Orders and helped companies pilot their implementation. Jacqueline frequently works hand-in-glove with litigators, engineers, crisis management firms, congressional relations staff and corporate executives. Jacqueline counsels clients on compliance, government relations, litigation strategy and building robust corporate safety programs.
Do Regulatory Reform Efforts Inevitably Entrench the Administrative State?
John Kennerly Davis, Thom Lambert
Administrative Law & Regulation Practice Group, Article I Initiative, and Regulatory Transparency Project Teleforum
Government regulation is pervasive, complex and expensive to administer. Americans have a vital interest and...
Persuader Rule
Karen Harned, Christopher C. Murray
Labor and Employment Law and Regulatory Transparency Project Teleforum
On March 24, 2016 the DOL’s Office of Labor-Management Standards (OLMS) issued the so-called “persuader ...
Topics
When Is a Bureaucracy So Independent That It’s Unconstitutional?
This blog was originally posted at the R Street Institute. Click here to visit. *...
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Another Court Rules Against Regulation-by-Litigation in Climate Change Public Nuisance Lawsuits
On July 19, the U.S. District Court for the Southern District of New York dismissed...
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The Dangers of Independence for Executive Branch Agencies
In a decision filed on July 16, a three judge panel of the 5th Circuit...
The GDPR and the Future of Internet Privacy
Sunny Seon Kang, Roslyn Layton, Adam Thierer
Telecommunications & Electronic Media Practice Group and Regulatory Transparency Project Teleforum
Within 7 hours of the EU’s General Data Protection Regulation (GDPR) coming into effect, Austrian...
Net Neutrality and Federalism
Justin (Gus) Hurwitz, Geoffrey A. Manne, Brent Skorup
Regulatory Transparency Project Teleforum
Despite the Federal Communication Commission’s decision in December 2017 to eliminate the common carrier regulations...
Topics
N. District of California: Elected Branches of Government Are the Proper Channels for Addressing Climate Change
In a trenchant Los Angeles Times opinion piece, Chapman University law professor and constitutional law expert Donald Kochan assesses...
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Trump Administration Withdraws Guidance on Affirmative Action In Admissions
On Wednesday, July 3, the Departments of Education and Justice announced that they withdrew a...
EPA’s CAFE: What's on the Menu for Fuel Economy and Greenhouse Gas Standards?
James Conde, Sean H. Donahue, Jacqueline Glassman
Regulatory Transparency Project Teleforum
EPA Administrator Scott Pruitt and Secretary of Transportation Elaine Chao are proposing to roll back...