Judge, United States District Court, Eastern District of Arkansas
Lee Philip Rudofsky is a judge on the United States District Court for the Eastern District of Arkansas. Prior to his 2019 appointment by President Trump, Judge Rudofsky served as the Solicitor General of Arkansas, an Assistant General Counsel at Walmart, a Senior Litigation Associate at Kirkland & Ellis, and counsel to several Republican political campaigns. Today, in addition to his judicial service, Judge Rudofsky teaches law school classes on founding-era constitutional history and, separately, speaks to students across the country about the October 7th Massacre and the subsequent Israeli response. In 2024, Judge Rudofsky helped establish an annual judicial education mission to Israel that offers American judges the opportunity to learn first-hand about the Israeli legal system, Israeli society, and legal issues related to the Israel-Hamas war.
Associate Dean for Research and Intellectual Life, McKnight Presidential Professor in Law, Distinguished McKnight University Professor, Harlan Albert Rogers Professor in Law, Associate Director, Corporate Institute, University of Minnesota Law School
Professor Kristin E. Hickman is the McKnight Presidential Professor in Law, a Distinguished McKnight University Professor, and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School. She also has taught at Harvard Law School and Northwestern University School of Law. Professor Hickman teaches and writes primarily in the areas of administrative law, tax administration, and statutory interpretation. Her articles on these topics have appeared in the Columbia Law Review, Cornell Law Review, Virginia Law Review, Duke Law Journal, and other publications. She also co-authors the Administrative Law Treatise with Richard J. Pierce, Jr., and a casebook on federal administrative law with Pierce and Christopher J. Walker. Her scholarly work has been cited several times in opinions of the United States Supreme Court as well as regularly in lower court judicial opinions and court briefs.
In 2018-19, Professor Hickman served as Special Adviser to the Administrator of the Office of Information and Regulatory Affairs in Washington, D.C. She presently serves as a Senior Fellow, and previously served as a public member and chair of the judicial review committee, for the Administrative Conference of the United States. She also is a Fellow of the American College of Tax Counsel.
Professor Hickman received her B.S. degree in business administration with a concentration in accounting and a secondary major in history from Trinity University in San Antonio, Texas. After practicing for several years as a certified public accountant, Professor Hickman earned her J.D. degree, magna cum laude, from Northwestern University School of Law, where she was awarded the Raoul Berger Prize and the Lowden Wigmore Prize for her scholarly writings. Following law school, Professor Hickman clerked for The Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and practiced law as an associate with the Chicago office of Skadden, Arps, Slate, Meagher & Flom, concentrating on corporate and international tax transactions and matters.
Attorney Specializing in Government Relations
Alec D. Rogers is an attorney specializing in government practice and policy in Washington, DC.
A graduate of James Madison College at Michigan State University and the University of Michigan Law School, he practiced law for several years before spending over a decade on Capitol Hill as a staffer to various Members and Committees.
He has reviewed books for the Washington Times, Hardball Times, The Journal of the American Revolution, and The Weekly Standard, and writes on legal matters in Engage, an online publication of the Federalist Society.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
Deputy Legal Director, Governing for Impact
John is Deputy Legal Director at Governing for Impact and contributes to the organization’s legal work, including its development of challenges to harmful regulatory policies, preparation of legal primers, and regulatory comment practice. Previously, John served as an attorney with the Federal Programs Branch of the Department of Justice, where he defended major federal policies against legal challenge and advised federal agencies concerning litigation risk, and also worked at Democracy Forward, where he served as lead counsel in numerous lawsuits challenging unlawful federal action. John clerked for Judge Stanley Marcus on the Eleventh Circuit. A graduate of the University of Texas and Yale Law School, John grew up in Houston, Texas, and is barred in Texas and Washington, D.C.
Chief Legal Officer and Policy Director, Cicero Institute
Jonathan Wolfson is the Chief Legal Officer and Policy Director at the Cicero Institute. Before joining Cicero, he led the Policy Office at the U.S. Department of Labor where he managed DOL's deregulatory efforts and oversaw DOL's internal policy development think tank. He previously was a litigator and regulatory attorney at an international law firm representing clients before state and federal courts across the country. Following law school he served as a law clerk to The Honorable Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit. Before law school, Jonathan was a policy analyst at the White House Council of Economic Advisers.
Jonathan received an A.B. in Economics from Washington University in St. Louis and a J.D. from the University of Virginia School of Law, where he was an Olin Law and Economic Fellow and won the John M. Olin Prize for best original law and economics research.
Partner at K&L Gates, Former OFCCP Director, and President-Elect of the Bar Association of the District of Columbia
Craig E. Leen is a partner in the Washington, DC office of K&L Gates, where he is a member of the Labor, Employment, and Workplace Safety practice group. Mr. Leen is also the President-Elect of the Bar Association of the District of Columbia.
Mr. Leen was formerly the Director of the Office of Federal Contract Compliance Programs (OFCCP) at the U.S. Department of Labor, where he reported directly to the Secretary and Deputy Secretary of Labor.
Mr. Leen serves as a Professorial Lecturer in Law and Professor of Government Lawyering at The George Washington University Law School, as Vice Chair of the District of Columbia Advisory Committee to the U.S. Commission on Civil Rights, as Co-Chair of the DC Family Support Council, and as Chair of the Civil and Human Rights Committee of the Bar Association of the District of Columbia.
Prior to his federal service at OFCCP, Mr. Leen was the City Attorney of the City of Coral Gables, and before that was Chief of the Appeals Section and then Chief of the Federal Litigation Section at the Miami-Dade County Attorney's Office. Earlier in his career, Mr. Leen served as a law clerk to the Honorable Robert E. Keeton, United States District Judge, District of Massachusetts.
In recognition of his public service, Mr. Leen received the Secretary's Exceptional Achievement Award - Professional while at the U.S. Department of Labor, and the Paul S. Buchman Award for Outstanding Contribution in the Area of Legal Public Service while in local government.
Mr. Leen is admitted to practice law in the District of Columbia, Florida, Massachusetts, and New York, and is also board certified by The Florida Bar in city, county, and local government law.
Mr. Leen received his Juris Doctorate from Columbia Law School, graduating as a Harlan Fiske Stone Scholar, and having served as a teaching fellow in both Contracts and Torts. Mr. Leen received his Bachelor of Arts, cum laude, from Georgetown University, where he majored in both Government and Economics.
Mountaintop Coal Mining: A Permitting Process In Flux
Lee Rudofsky
Brought to you by the Environmental Law & Property Rights Practice GroupMountaintop coal mining is a...
Swallows Holding Ltd. v. Commissioner
Kristin E. Hickman
Administrative law jurisprudence is an acknowledged mess. Following its development and application involves a lot...
ABA Launches Major Project on the APA
Alec D. Rogers
The American Bar Association's Section of Administrative Law and Regulatory Process has launched an ambitious...
The Recent Controversy Over the Non Delegation Doctrine
Jeffrey Bossert Clark
On May 14, 1999, in American Trucking Association v. EPA2 the United States Court of...
D.C. Circuit Vacates OSHA Directive
Daniel E. Frank
In an important victory for several industry groups, the United States Court of Appeals for...
Administrative Common Law and the Original Meaning of Judicial Review Under the APA
John F. Duffy
In 1946 Congress enacted a "comprehensive statement of the right, mechanics, and scope of judicial...
Federal Circuit Maintains Close Oversight Of Patent Office Decisions
Gerald J. Mossinghoff
In a major decision on May 4, 1998, In re Zurko, No. 96-1258 (Fed. Cir....
SEC To Revisit Social Activism and Shareholder Proposal Rule
Joseph P. Galda
The SEC has once again been put at the center stage of a long-standing dispute...
Necessary & Proper Episode 97: Checks and Balances: Deregulation Based on Supreme Court Rulings
John Lewis, Jonathan Wolfson, Craig E. Leen
Among the points emphasized by the second Trump administration has been a major push for...