Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Former Judge, United States Court of Appeals, Ninth Circuit
Judge Kozinski served as a United States Circuit Judge for the Ninth Circuit from November 1985 until December 2017. He served as Chief Judge from 2007 to 2014. He graduated from UCLA, receiving an A.B. degree in 1972, and from UCLA Law School, receiving a J.D. degree in 1975.
Prior to his appointment to the appellate bench, Judge Kozinski served as Chief Judge of the United States Claims Court, 1982-85; Special Counsel, Merit Systems Protection Board, 1981-82; Assistant Counsel, Office of Counsel to the President, 1981; Deputy Legal Counsel, Office of President-Elect Reagan, 1980-81; Attorney, Covington & Burling, 1979-81; Attorney, Forry Golbert Singer & Gelles, 1977-79; Law Clerk to Chief Justice Warren E. Burger, 1976-77; and Law Clerk to Circuit Judge Anthony M. Kennedy, 1975-76.
Judge Kozinski is married to Marcy Jane Tiffany and has three children: Yale, Wyatt and Clayton, and three grandchildren: Quinn, Owen and Anna.
U.S. Court of Appeals, Ninth Circuit
Stephen Roy Reinhardt is a federal appeals judge with the United States Court of Appeals for the Ninth Circuit in San Francisco. He joined the Court in 1980 after being nominated by President Jimmy Carter.
Born in New York City, New York, Reinhardt graduated from Pomona College with his Bachelor's degree in 1951 and later received a Bachelors of Laws degree, LL.B, from Yale Law School in 1954. Reinhardt served in the U.S. Air Force from 1954 to 1956 before becoming a law clerk for the Honorable Luther Youngdahl in the United States District Court for the District of Columbia until 1957. Reinhardt was a private practice attorney in the State of California from 1957 to 1980. Reinhardt was nominated to the United States Court of Appeals for the Ninth Circuit by President Jimmy Carter on November 30, 1979, to a new seat created by 92 Stat. 1629, which was approved by Congress. Reinhardt was confirmed by the U.S. Senate on September 11, 1980 and received commission on September 11, 1980.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Principal, Morgan Lewis Consulting; Of Counsel, Morgan, Lewis & Bockius LLP; and Former California Governor
Pete Wilson’s more than 30 years of dedicated public service as governor of California, US senator, mayor of San Diego, and California state assemblyman uniquely equip him to counsel and negotiate for clients at all levels of today’s activist regulatory environment. His deep knowledge of policies, people, and processes of government make him an ideal and effective advocate for Morgan Lewis Consulting’s philosophy that today’s successful business must understand and be understood and respected by governments — not only in Washington, DC — but on a state-by-state basis.
As governor of California from 1991 to 1999, Pete is credited with leading California from the depths of recession to prosperous economic recovery. Insisting on strict budget discipline and rehabilitation of the state’s then-hostile environment toward investment and job creation, Pete provided for market-based unsubsidized health coverage for employees of small businesses and obtained anti-fraud measures that drove down workers’ compensation premiums by 40 percent. Under his leadership, California also enacted sweeping welfare reforms and historic education reforms.
After leaving office, Pete spent two years as a managing director of Pacific Capital Group, a merchant bank based in Los Angeles. He serves as a director of the Irvine Company, U.S. Telepacific Corporation Inc., and National Information Consortium Inc. He has also served as a director of IDT Entertainment and as a member of the board of advisers of Thomas Weisel Partners, a San Francisco merchant bank. He was chairman of the Japan Task Force of the Pacific Council on International Policy, which produced an analysis of Japanese economic and national security prospects over the next decade titled “Can Japan Come Back?”
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
Frank Edwards Tyler Distinguished Professor of Law, University of Kansas School of Law
Stephen Ware is the author of four books, over 50 law review articles, and many other publications. His writings have been cited by the Supreme Court of the United States and in at least 36 other cases. Ware teaches and writes on: Arbitration, Mediation, and Alternative Dispute Resolution, Bankruptcy, Insolvency, and Debt Collection, Contracts and Commercial Law, and Judicial Selection, each with an international or comparative dimension.
Ware has testified before both houses of the U.S. Congress, several state legislatures and, as an expert witness, in court. He is a frequent guest lecturer and speaker at academic and professional conferences—having given such presentations throughout the U.S. and in several other countries. He has appeared on numerous television and radio stations and been quoted in The New York Times, Wall Street Journal, USA Today, Financial Times, National Law Journal and many other news outlets. He is an elected member of the American Law Institute (ALI) and has served, at various times in his career, on the editorial board of the Journal of Legal Education and as an arbitrator for the American Arbitration Association.
Frank Edwards Tyler Distinguished Professor of Law, University of Kansas School of Law
Stephen Ware is the author of four books, over 50 law review articles, and many other publications. His writings have been cited by the Supreme Court of the United States and in at least 36 other cases. Ware teaches and writes on: Arbitration, Mediation, and Alternative Dispute Resolution, Bankruptcy, Insolvency, and Debt Collection, Contracts and Commercial Law, and Judicial Selection, each with an international or comparative dimension.
Ware has testified before both houses of the U.S. Congress, several state legislatures and, as an expert witness, in court. He is a frequent guest lecturer and speaker at academic and professional conferences—having given such presentations throughout the U.S. and in several other countries. He has appeared on numerous television and radio stations and been quoted in The New York Times, Wall Street Journal, USA Today, Financial Times, National Law Journal and many other news outlets. He is an elected member of the American Law Institute (ALI) and has served, at various times in his career, on the editorial board of the Journal of Legal Education and as an arbitrator for the American Arbitration Association.
Managing Shareholder, Saltzman Mugan Dushoff, PLLC
Over the course of his twenty-plus years as an attorney in Las Vegas, Mr. Saltzman has developed a corporate law practice focused on financial institution and liquor law. He assists businesses in their formation, licensing and governance matters; he also counsels businesses on corporate mergers and acquisition matters. He assists highly regulated financial institutions and captive insurance companies in corporate and regulatory compliance matters and he has testified before the Nevada legislature as an expert on trust company legislation and drafted portions of Nevada law relating to the chartering and operation of Nevada trust companies. He has counseled trust companies and financial service firms on Blockchain and cryptocurrency related legal compliance matters.
Mr. Saltzman has developed and managed the firm’s liquor law practice into Nevada’s largest alcohol beverage specialty law practice group. He and his team of attorneys and paralegals assist a wide range of liquor retailers, wholesalers and suppliers in licensing and compliance matters in all Nevada jurisdictions. More information on Mr. Saltzman’s liquor law practice can be found at his blog: www.nvliquorlaw.com
Matthew Saltzman received a Bachelor of Arts degree in Economics and Philosophy from University of Wisconsin, Madison in 1987. In 1993, he received his Juris Doctor from University of Pittsburgh School of Law, where he was also Executive Editor of the University of Pittsburgh Law Review and served as teaching assistant for the Legal Research and Writing course.
Former Vice President & Director, External Relations, The Federalist Society for Law and Public Policy Studies
Jonathan Bunch is the former Vice President and Director of External Relations for the Federalist Society for Law and Public Policy Studies. Jonathan was responsible for a broad range of strategic, programming, and media relations decisions that were integral to the Society's mission. In addition to his work for the Society, Jonathan regularly advised other organizations and public officials on matters of legal policy and judicial selection. Before joining the Society, Jonathan ran a 501c4 in Missouri, where he had served on the staff of Missouri Governor Matt Blunt and as a law clerk for The Honorable Stephen N. Limbaugh Jr. on the Supreme Court of Missouri. Jonathan is a graduate of John Brown University and the University of Missouri School of Law. He lives in Northern Virginia with his wife, Amanda, and their four children.
A Report on Reauthorization of the Tennessee Plan
Brian T. Fitzpatrick
In June of 2008, some of the operative provisions of Tennessee’s method of selecting appellate...
Panel III: The Courts and the Legislature vs. the People: Who is in Charge?
Gail L. Heriot, Alex Kozinski, Stephen Reinhardt, Arnie Steinberg, Eugene Volokh, Pete Wilson
Second Annual Western Conference
The Federalist Society presented this panel during the Second Annual Western Conference at The Ronald...
A Report on Reauthorization of the Tennessee Plan
Brian T. Fitzpatrick
In June of 2008, some of the operative provisions of Tennessee’s method of selecting appellate...
Judicial Recess Appointments: A Survey of the Arguments -- An Addendum
Lawrence VanDyke
On December 31, 2007 the Senate adjourned sine die, concluding its first session. In 2004,...
Judicial Recess Appointments: A Survey of the Arguments -- An Addendum
Lawrence VanDyke
On December 31, 2007 the Senate adjourned sine die, concluding its first session. In 2004,...
Selection to the Kansas Supreme Court
Stephen J. Ware
Kansas is the only state in the union that gives the members of its bar...
Selection to the Kansas Supreme Court
Stephen J. Ware
Kansas is the only state in the union that gives the members of its bar...
Two Perspectives on Missouri's Non-Partisan Court Plan
David Oliver, William J. Placke
Kansas City Lawyers Chapter
The Kansas City Lawyers Chapter co-hosted this event with the Lawyer's Association of Kansas City...
Nevada Legislature Passes Proposal to Change Judicial Selection Process
Matthew Saltzman
Presently, judges in Nevada are selected through contested, non-partisan elections. However, earlier this year the...
Missouri Looks to Reform the Missouri Plan
Jonathan Bunch
Missouri’s judicial selection process— known as the “Missouri Court Plan”—has been the subject of intense...