Partner, Allen Harris Law
Michael Thad Allen began his legal career with a unique perspective: after earning a Ph.D. in History and Sociology from the University of Pennsylvania, he spent over a decade in academia as a professor of History. There, he witnessed firsthand how university procedures often fall short of constitutional and procedural fairness—especially in disciplinary matters.
Guided by a passion for individual rights and due process, he earned his J.D. from Yale Law School in 2010 and clerked for the late Hon. Ralph D. Gants, then Justice and later Chief Justice of the Massachusetts Supreme Judicial Court.
Today, Michael is a partner at Allen Harris PLLC, a firm devoted to Title IX and campus misconduct defense. He represents students, faculty, and academic professionals in disciplinary investigations, misconduct hearings, faculty disputes, and related litigation. His cases frequently involve claims of sexual misconduct, retaliation, or speech-related infractions—often in highly charged environments where reputational, academic, and constitutional stakes are high.
Before co-founding Allen Harris PLLC, Michael practiced complex civil litigation at a national firm, handling matters including patent disputes, product liability, and institutional defense in historical claims of sex abuse cases.
With his combined experience in academia and litigation, Michael offers rare insight into the procedural shortcomings of campus disciplinary systems. He focuses on defending individual rights—particularly where university policies intersect with constitutional protections such as due process, free speech, and academic freedom. His work brings legal precision and institutional understanding to high-stakes matters affecting students and faculty across the country.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Partner, Allen Harris Law
Michael Thad Allen began his legal career with a unique perspective: after earning a Ph.D. in History and Sociology from the University of Pennsylvania, he spent over a decade in academia as a professor of History. There, he witnessed firsthand how university procedures often fall short of constitutional and procedural fairness—especially in disciplinary matters.
Guided by a passion for individual rights and due process, he earned his J.D. from Yale Law School in 2010 and clerked for the late Hon. Ralph D. Gants, then Justice and later Chief Justice of the Massachusetts Supreme Judicial Court.
Today, Michael is a partner at Allen Harris PLLC, a firm devoted to Title IX and campus misconduct defense. He represents students, faculty, and academic professionals in disciplinary investigations, misconduct hearings, faculty disputes, and related litigation. His cases frequently involve claims of sexual misconduct, retaliation, or speech-related infractions—often in highly charged environments where reputational, academic, and constitutional stakes are high.
Before co-founding Allen Harris PLLC, Michael practiced complex civil litigation at a national firm, handling matters including patent disputes, product liability, and institutional defense in historical claims of sex abuse cases.
With his combined experience in academia and litigation, Michael offers rare insight into the procedural shortcomings of campus disciplinary systems. He focuses on defending individual rights—particularly where university policies intersect with constitutional protections such as due process, free speech, and academic freedom. His work brings legal precision and institutional understanding to high-stakes matters affecting students and faculty across the country.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Senior Attorney, Institute for Justice
Erica Smith is a senior attorney with the Institute for Justice. She joined IJ in August 2011 and litigates cutting-edge constitutional cases protecting economic liberty, school choice, and free speech in federal and state courts.
Erica’s economic liberty work has a special focus on “food freedom.” Erica won Wisconsin home bakers the constitutional right to legally sell their goods in Kivirist v. Wisconsin Department of Agriculture. As a result, hundreds of home bakers across the state can now sell their cookies, cakes, and muffins without fear of fines or jail time. Erica also successfully defended the rights of home bakers and canners to fight against Minnesota’s arbitrary restrictions on selling their goods in Astramecki v. Minnesota Department of Agriculture. Erica is currently suing New Jersey—the last state to have a ban on selling homemade food. Erica’s legislative activities have also helped change the homemade food laws of several states.
Erica’s educational choice work gives parents the opportunity to guide the education of their children. She was the lead attorney representing families in Asociación de Maestros v. Departamento de Educación, where she persuaded the Puerto Rico Supreme Court to reject a teachers union’s challenge to the Commonwealth’s new voucher program. Erica was also part of the winning teams that protected both Georgia and New Hampshire’s tax-credit scholarship programs at the state supreme courts in Gaddy v. Georgia Department of Revenue and Duncan v. State of New Hampshire. She is currently fighting to protect Montana’s school choice program at the U.S. Supreme Court. In addition, Erica testifies as to the constitutionality of other educational choice programs across the country.
Erica’s free speech work includes her successful defense of a family’s right to use signs to advertise its gym in Fears v. City of Sacramento. She was part of the team that successfully defended Central Radio Company’s right to protest the illegal taking of its land in Central Radio Co. v. City of Norfolk. Most recently, Erica won the right of a family-owned video game store to advertise using a 9-foot inflatable Mario in Fisher v. Town of Orange Park.
Erica has appeared on CBS Sunday Morning, CBS This Morning, and Fox & Friends, and her writing has been published in the Washington Times, New York Post, Times-Free Press, The Virginian-Pilot, National Law Journal, and Federalist Society Review. She has also been quoted in media outlets across the nation, including the New York Times and Washington Post.
Before joining IJ, Erica served as a law clerk for the Honorable Terrence Boyle of the U.S. District Court for the Eastern District of North Carolina.
Erica received her law degree cum laude from the University of Pennsylvania Law School in 2010. Erica received her undergraduate degree summa cum laude from Stony Brook University’s Honors College in 2007, where she studied literature and journalism.
Partner, Allen Harris Law
Michael Thad Allen began his legal career with a unique perspective: after earning a Ph.D. in History and Sociology from the University of Pennsylvania, he spent over a decade in academia as a professor of History. There, he witnessed firsthand how university procedures often fall short of constitutional and procedural fairness—especially in disciplinary matters.
Guided by a passion for individual rights and due process, he earned his J.D. from Yale Law School in 2010 and clerked for the late Hon. Ralph D. Gants, then Justice and later Chief Justice of the Massachusetts Supreme Judicial Court.
Today, Michael is a partner at Allen Harris PLLC, a firm devoted to Title IX and campus misconduct defense. He represents students, faculty, and academic professionals in disciplinary investigations, misconduct hearings, faculty disputes, and related litigation. His cases frequently involve claims of sexual misconduct, retaliation, or speech-related infractions—often in highly charged environments where reputational, academic, and constitutional stakes are high.
Before co-founding Allen Harris PLLC, Michael practiced complex civil litigation at a national firm, handling matters including patent disputes, product liability, and institutional defense in historical claims of sex abuse cases.
With his combined experience in academia and litigation, Michael offers rare insight into the procedural shortcomings of campus disciplinary systems. He focuses on defending individual rights—particularly where university policies intersect with constitutional protections such as due process, free speech, and academic freedom. His work brings legal precision and institutional understanding to high-stakes matters affecting students and faculty across the country.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Litigation Update: De Piero v. Pennsylvania State University: DEI & Hostile Work Environments Under Title VII
Michael Thad Allen, William E. Trachman
Professor Zack De Piero was an English professor at the Pennsylvania State University Abington campus...
Litigation Update: De Piero v. Pennsylvania State University: DEI & Hostile Work Environments Under Title VII
Michael Thad Allen, William E. Trachman
Professor Zack De Piero was an English professor at the Pennsylvania State University Abington campus...
Litigation Update: De Piero v. Pennsylvania State University: DEI & Hostile Work Environments Under Title VII
Blaine Amendments and the Unconstitutionality of Excluding Religious Options From School Choice Programs
Erica Smith
Note from the Editor: This article discusses the school choice movement and how Blaine Amendments...