Partner, Wiley Rein LLP
Tom has over 15 years’ experience in private practice and public service at the federal and state levels representing clients in high-stakes appellate and regulatory litigation matters. Tom has argued appeals in the Fourth, Fifth, Ninth, D.C. and Federal Circuits, and the West Virginia Supreme Court of Appeals.
Prior to joining Wiley, Tom was the General Counsel at the Federal Communications Commission (FCC), where he served as the agency’s chief legal officer and briefed dozens of appeals – personally arguing two – in the federal courts of appeals in constitutional and administrative law challenges to the FCC’s orders. Tom managed a team of over 70 attorneys and staff and provided consultation and advice on a wide range of practice areas relating to the FCC’s work, including administrative law, appellate and trial litigation, bankruptcy, ethics, fiscal law, fraud, labor and employment, and public records requests. He has spent his career advising clients on all stages of federal agency rulemaking, adjudication, and litigation, in fields ranging from communications to environmental law to securities to labor and employment. He frequently speaks and writes on legal issues and his articles have appeared in the Wall Street Journal, Washington Post, National Review, Forbes, and Newark Star-Ledger.
Professor of Law, High Point School of Law
Scott Gaylord directs High Point Law’s Appellate Litigation Clinic and serves as a Professor of Law, teaching Constitutional Law and related upper-level elective courses. The Appellate Clinic works with students to write and file briefs in significant court cases, including appeals before the United States Supreme Court.
Professor Gaylord is a prominent Constitutional Law scholar with an impressive background in both academia and legal practice. He has authored or co-authored 18 substantial law review articles, co-authored a Constitutional Law casebook, and has written more than 35 amicus briefs to the U.S. Supreme Court and federal circuit courts on prominent national cases involving religious liberty and free speech. He is a frequent speaker on constitutional law and First Amendment topics at law schools across the country and has regularly provided commentary on ongoing constitutional issues to national media outlets, including th eNew York Times, USA Today, the Diane Rehm Show, NPR, The National Constitution Center, and Bloomberg Law.
Professor Gaylord also started an appellate advocacy clinic at his former law school and currently serves on the North Carolina Chief Justice’s Commission on Professionalism, along with holding many other service and leadership roles. Prior to joining the academy in 2007, he practiced complex civil and commercial litigation with the Charlotte firm of Robinson Bradshaw & Hinson, and he clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit.
Professor Gaylord earned his B.A. in philosophy and English, summa cum laude, from Colgate University, his Ph.D. in philosophy from the University of North Carolina at Chapel Hill, and his J.D. from Notre Dame Law School, where he also graduated summa cum laude.
Judge, United States Court of Appeals, Sixth Circuit
Judge Readler earned his undergraduate and law degrees from the University of Michigan. After graduating, he served as a law clerk to Judge Alan Norris of the United States Court of Appeals for the Sixth Circuit. Judge Readler then began practicing law in the Columbus office of the international law firm Jones Day, eventually spending ten years as a partner in the firm’s Issues and Appeals Practice Group. While at Jones Day, Judge Readler appeared in state and federal trial and appellate courts around the country, most frequently the Supreme Court of Ohio and the Sixth Circuit. Judge Readler also successfully argued before the United States Supreme Court in McQuiggin v. Perkins on behalf of an inmate claiming actual innocence. His other pro bono representations include representing capital defendants before the Tenth Circuit and the Supreme Court of Ohio, as well as representing defendants sentenced to life in prison before the Sixth Circuit. While at Jones Day, Judge Readler traveled to Nairobi with Lawyers Without Borders to train Kenyan lawyers in prosecuting domestic violence cases, and he was also a recipient of the American Marshall Memorial Fellowship awarded by the German Marshall Fund of the United States. Following his career in private practice, Judge Readler served as Acting Assistant Attorney General for the Civil Division of the United States Department of Justice from 2017 to 2019. In that role, Judge Readler led and supervised over 1,000 lawyers in the Department’s largest litigating division, briefing and arguing several cases on behalf of the United States in federal courts across the country, including high-profile cases significant to the Administration and the Department. In March 2019, Judge Readler was confirmed to serve as a Circuit Judge on the Sixth Circuit. He resides in Columbus.
Partner, Ashbrook Byrne Kresge Flowers LLC
Ben Flowers, a partner at Ashbrook Byrne Kresge Flowers LLC, is an accomplished litigator with experience briefing, arguing, and winning high-stakes cases in courts throughout the country.
Before joining the law firm, Ben served as Ohio's 10th Solicitor General. In that role he regularly represented the State of Ohio before the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, and the Supreme Court of Ohio. Most prominently, in National Federation of Independent Business v. Department of Labor, Ben led a multi-state challenge to OSHA's vaccine mandate, ultimately prevailing before the Supreme Court.
Ben is a graduate of The Ohio State University and the University of Chicago Law School. Following law school, Ben clerked for Judge Sandra Ikuta of the U.S. Court of Appeals for the Ninth Circuit and for Justice Antonin Scalia of the Supreme Court of this United States. Ben lives in Upper Arlington, Ohio with his wife Denise and their three very active children.
Deputy Secretary of Agriculture, U.S. Department of Agriculture
Judge Stephen Alexander Vaden was appointed as the Deputy Secretary of the U.S. Department of Agriculture on July 7, 2025. Alongside Secretary Brooke L. Rollins, Deputy Secretary Vaden leads the Department’s operations and implements policies that support America’s food and farm systems. A native of Union City, Tennessee, Deputy Secretary Vaden brings expertise in agricultural policy, law, and rural development. Previously, he served as a judge on the U.S. Court of International Trade and as General Counsel of USDA. Throughout Deputy Secretary Vaden’s time as General Counsel, he led successful Supreme Court litigation, advanced regulatory reform, and supported the implementation of the 2018 Farm Bill. He is a graduate of Yale Law School and Vanderbilt University. A public servant with strong agricultural roots, Deputy Secretary Vaden is committed to revitalizing rural America and ensuring an abundant, affordable, and safe U.S. food supply.
Partner, Nelson Mullins Riley & Scarborough
Marc Williams is the managing partner in Nelson Mullins Riley & Scarborough’s West Virginia office.
Attorney, Lobbyist & Communications Professional, Kelchen Consulting
Caroline Johnson Levine is a former prosecutor and currently practices civil litigation defense in Tampa, Florida.
Attorney, Pacific Legal Foundation
Luke A. Wake is an attorney at the Pacific Legal Foundation. Prior to joining PLF, he was a senior staff attorney at the NFIB Small Business Legal Center.
Wake has particular expertise on environmental and land use issues, and has worked on numerous other constitutional issues and matters of importance to small business owners. He is an ardent defender of private property rights, which he believes are essential to the free enterprise system and the foundation of American liberty. As a strong advocate of individual rights and economic liberties, he has built his career defending small business interests.
Wake has focused on a whole host of issues, from employment law matters to regulatory compliance. In addition to serving as a resource for small business owners, Wake is committed to ensuring that the voice of small business is heard in the nation’s courts. As an appellate practitioner, Wake has focused particularly on informing the courts on matters of administrative law and on issues under the Fifth Amendment’s Takings Clause. He is also working to advance small business interests in law review articles, and was recently published in the Berkeley Journal of Law & Ecology. See R.S. Radford & Luke A. Wake, Deciphering and Extrapolating: Searching for Sense in Penn Central, 38 Ecology L.Q. 731, 746-747 (2011).
Before joining the Legal Center’s team, Wake completed a prestigious two-year fellowship as an attorney in the Pacific Legal Foundation’s College of Public Interest Law. Wake is a graduate of Case Western Reserve University School of Law in Cleveland Ohio, and is a member of the California Bar. He completed his undergraduate studies at Elon University in North Carolina in 2006 where he focused on political theory and corporate communications.
Co-Founder, Able Lending
Evan Baehr is the cofounder of Able, an online lender to small businesses. It launched June 2014 with the Wall Street Journal'sWeekend Interview and on TechCrunch. His passion at Able is to serve the Fortune 5 Million – the 5.8 million small businesses that represent the backbone of the American economy. His previous startup was Outbox, a consumer internet company aiming to takeover the US Postal Service and backed by venture capitalists Peter Thiel and Mike Maples, featured on Fox News, CNN, TechCrunch, FastCompany, Wall Street Journal, INC, the New York Times, and on Jay Leno.
He has worked on the Facebook platform under Sheryl Sandberg, helping shape a vision to make life better by making it social, and for Peter Thiel building a political data company. He’s an honors graduate of Princeton’s Woodrow Wilson School, Yale Divinity School, and Harvard Business School.
He has worked for the American Enterprise Institute’s Charles Murray, the Ethics and Public Policy Center, the Becket Fund for Religious Liberty, and the White House Office of Faith-Based Initiatives, served as a legislative aid on the House Appropriations Committee under Rep. Frank Wolf, was Chief of Staff on the Congressional Human Rights Caucus, under which he wrote the International Marriage Broker Regulation Act, and was the failed candidate for Princeton’s City Council, despite receiving more votes than George W. Bush.
He has served on the board of the Manhattan Institute’s Adam Smith Society, the New Canaan Society, the Rivendell Institute, and Harvard Business School's FIELD Program, and is a mentor with First Round Capital's Dorm Room Fund. He cofounded the Hoover Institute’s Rising Fellows Program, Harvard Business School’s Ideas@Work, Princetonians in the Nation’s Service, and the Yale Forum on Faith and Politics. He is the recipient of the Lily Endowment Thesis Prize, the Blackstone Legal Fellowship, and Princeton’s James Madison Fellowship. He lives in Austin, TX, with his wife, Kristina Scurry Baehr, a patent litigator, and children Cooper and Madeleine.
Judge, United States Court of Appeals, Ninth Circuit
Judge Carlos Bea serves as a judge on the United States Court of Appeals for the Ninth Circuit. He received his Bachelor's Degree from Stanford University in 1956 and his J.D. from Stanford Law School in 1958. Judge Bea was born in San Sebastian, Spain, and immigrated with his family to Cuba in 1939. In 1952, he represented Cuba on the Cuban National basketball team in the Helsinki Olympics. Judge Bea became a naturalized citizen of the United States in 1958. He engaged in private practice in San Francisco, principally in the area of civil trials (jury and non-jury), from 1959-75 at Dunne, Phelps & Mills and from 1975-90 at Carlos Bea, A Law Corporation. He taught courses in civil litigation advocacy at Hastings College of Law and Stanford Law School. From 1990 to 2003, Judge Bea served as a judge of the San Francisco Superior Court. He was nominated by President George W. Bush to the United States Court of Appeals for the Ninth Circuit and was confirmed in 2003.
Judge Bea and his wife Louise reside in San Francisco, where they raised their four sons, Sebastian, Alexander, Nicholas, and Dominic.
Chief Legal Officer, Paradigm
Principal, DeGroot Legal
Mr. DeGroot represents businesses in complex litigation, focusing on licensing, insurance, intellectual property, contract disputes, and toxic torts. He has experience in cases involving fraud, breach of contract, unfair competition, patents, business torts, mergers and acquisitions, creditors’ rights, and bankruptcy. He has extensive experience in all aspects of civil litigation, both in federal and state courts, including prejudgment remedies, discovery, trial, appeals, arbitration and mediation.
Mr. DeGroot works with clients in a variety of industries, including financial institutions, insurance, software, construction, semiconductors, and real estate.
Policy Counsel, Lyft
Associate Professor, University of Idaho College of Law
Stephen R. Miller joined the faculty of the University of Idaho College of Law in 2011. Prof. Miller received his undergraduate degree from Brown University, a master’s degree in city and regional planning from the University of California, Berkeley, and his J.D. from the University of California, Hastings College of Law. While in law school, Prof. Miller was senior articles editor of the Constitutional Law Quarterly. Prof. Miller also worked for a land use and environmental law firm in San Francisco, California prior to joining the faculty. His research interests include economic development, sustainable development, land use, environmental law, and local government law.
His academic works have been published by or are forthcoming from Cambridge University Press, Harvard Environmental Law Review, and a number of other law reviews and professional journals. In 2013, he was named Faculty Advisor of the Year by the Idaho Law Review and also received the Alumni Award for Faculty Excellence. In addition to his academic writings, Prof. Miller also blogs at Land Use Prof Blog, and writes an occasional column for the Idaho Statesman Business Insider.
Prof. Miller also runs the College of Law's Economic Development Clinic, which maintains the student-written blog Idaho NEXT. In 2013, the Clinic received the Planning Excellence Award for Best Practice from the Idaho chapter of the American Planning Association for Area of City Impact Agreements in Idaho. In 2014, the Clinic released Agritourism at the Rural-Urban Interface: A National Overview of Legal Issues with 20 Proposals for Idaho. In addition, the Clinic has been credited by state officials with popularizing the use of New Markets Tax Credits financing in Idaho, a financing tool that has already helped fund $50 million in investment in low income communities throughout the state.
Prof. Miller is also active in the community. He presently serves as a commissioner on the Boise City Planning and Zoning Commission and as a board member of the Joyce Ivy Foundation, which provides educational opportunities for talented high school students.
Professor of Law, Yeshiva University Benjamin N. Cardozo School of Law
Professor Brickman teaches Contracts, Professional Responsibility, and Land Use, among other courses. His areas of expertise include legal ethics, contingency fees, mass torts, and asbestos litigation. His writings on these and other subjects are widely cited and he is frequently quoted in the press.
Perry Golkin Professor of Law; Co-Director, Institute for Law an, University of Pennsylvania Law School
Jill E. Fisch is the Saul A. Fox Distinguished Professor of Business Law and co-director of the Institute for Law and Economics at the University of Pennsylvania Law School where she teaches and writes on corporate law, corporate governance and securities regulation. Prior to joining Penn Law, Professor Fisch was the T.J. Maloney Professor of Business Law at Fordham Law School and Founding Director of the Fordham Corporate Law Center. Professor Fisch has also served as a visiting professor at Harvard, Columbia, Berkeley and Georgetown.
Fisch is the recipient of various awards including the Penn LLM Prize for Excellence in Teaching and the Robert A. Gorman Award for Excellence in Teaching (twice). She is an associate reporter for the American Law Institute’s Restatement of Corporate Governance and a director of the European Corporate Governance Institute. Before entering academia, Professor Fisch practiced law as a trial attorney with the United States Department of Justice, Criminal Division, and as an associate at the law firm of Cleary, Gottlieb, Steen & Hamilton. She received her B.A. from Cornell University and her J.D. from Yale Law School.
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.
Two Models of Public Pensions in State Supreme Court Decisions
Thomas M. Johnson
White Paper
In this paper, Thomas M. Johnson, Jr. describes two legal theories of public pensions that...
North Carolina Supreme Court Upholds State-Funded Private School Scholarships For Economically Disadvantaged Students
Scott W. Gaylord
In Hart v. State,1 the North Carolina Supreme Court considered whether the Opportunity Scholarship Program (“OSP”),2 which provided...
Felix v. Ganley Chevrolet, Inc.
Chad A. Readler, Benjamin M. Flowers
When the Ohio Supreme Court interprets state class-action law, it often relies on decisions from...
Tennessee Trial Court Strikes Down State’s Tort Reform Act
Stephen Alexander Vaden
In the latest battle on the state level between the plaintiffs’ and defense bars, a...
West Virginia Rejects Wrongful Conduct Rule on Comparative Fault Grounds
Marc E. Williams
In the latest round of litigation related to prescription drug abuse in Appalachia, the Supreme...
2014 Civil Justice Update
Emily Kelchen
Federalist Society White Paper
This paper recaps important legal developments in the civil justice movement that occurred in 2014....
Florida Supreme Court Finds Expectation of Privacy for Third Party Disclosures
Caroline Johnson Levine
In Tracey v. Florida, the Florida Supreme Court recently determined that the Fourth Amendment requires police...
Indiana Supreme Court Upholds the Right to Work: Rebuffs an Involuntary Servitude Challenge
Luke A. Wake
In the past few years, four rust-belt states—Ohio, Michigan, Indiana and Wisconsin—have enacted “Right to...
Government Regulation in the Sharing Economy
Evan Baehr, Carlos T. Bea, Katie Biber, David DeGroot, Andrea Ambrose Lobato, Stephen R. Miller
2015 Annual Western Chapters Conference
In the innovation economy, entrants often confront increased regulatory hurdles, particularly on a state level, as...
Debate: The Private Attorney General: Good or Bad
Lester Brickman, Jill Fisch, Brian T. Fitzpatrick
17th Annual Faculty Conference
This debate was part of the 17th Annual Federalist Society Faculty Conference held on January...