Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
Founding Partner, Boyden Gray & Associates
Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.
Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.
Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.
Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Resident Fellow and Milton Friedman Chair, American Enterprise Institute
James C. Capretta is a resident fellow and holds the Milton Friedman Chair at the American Enterprise Institute (AEI), where he studies health care, entitlement, and US budget policy, as well as global trends in aging, health, and retirement programs.
Concurrently, Mr. Capretta serves as a senior adviser to the Bipartisan Policy Center and, since 2011, as a member of the Advisory Board of the National Institute for Health Care Management Foundation.
He spent more than 16 years in public service before joining AEI. As an associate director at the White House’s Office of Management and Budget from 2001 to 2004, he was responsible for all health care, Social Security, welfare, and labor and education issues. Earlier, he served as a senior health policy analyst at the US Senate Budget Committee and at the US House Committee on Ways and Means. From 2006 to 2016, Mr. Capretta was a fellow, and later a senior fellow, at the Ethics & Public Policy Center.
Mr. Capretta is also a contributor to RealClearPolicy, where he regularly publishes commentary on public policy issues.
He is the author and coauthor of many published essays and reports, including “Toward Meaningful Price Transparency in Health Care” (AEI Economic Perspectives, 2019); “Increasing the Effectiveness and Sustainability of the Nation’s Entitlement Programs” (AEI, 2016) and “Improving Health and Health Care: An Agenda for Reform” (AEI, 2015). In addition, his book chapters include “Medicaid” in “A Safety Net That Works: Improving Federal Programs for Low-Income Americans” (AEI Press, 2017) and “Reforming Medicaid” in “The Economics of Medicaid: Assessing the Costs and Consequences” (Mercatus Center, 2014).
Mr. Capretta has been widely published in newspapers, magazines, and trade journals, including Health Affairs (where he is a member of the Editorial Board), The JAMA Network, National Affairs, National Review, The New York Times, and The Wall Street Journal. His television appearances include “PBS NewsHour,” Fox News Sunday, C-SPAN’s “Washington Journal,” CNBC, and Bloomberg Television.
Mr. Capretta has an MA in public policy studies from Duke University and a BA in government from the University of Notre Dame.
Senior Fellow, Center for Equal Opportunity
Eastland is an accomplished journalist who was editor of The Virginian-Pilot in Norfolk, Va., before working in the Reagan administration as a speechwriter for Attorney General William French Smith and as director of public affairs for Attorney General Edwin Meese.
Eastland was later a resident scholar at the Ethics and Public Policy Center and the editor of Forbes MediaCritic. In 2001, he became publisher of The Weekly Standard and, in 2013, an executive editor. He is now a contributing editor at the magazine. Eastland has published seven books, including two on race preferences, Counting by Race (1979) and Ending Affirmative Action (1996). "The Center has done exceptional work on matters involving race and ethnicity," said Eastland, "and I look forward to contributing to its efforts in behalf of equal protection under the law."
CEO president and general counsel Roger Clegg recalled his work with Eastland during their days together in the Reagan Justice Department: "Terry is an expert on the media, a skilled editor, and a brilliant writer." CEO chairman and founder Linda Chavez said, "Eastland's writing on affirmative action has been among the most incisive and compelling on the issue over the years and will add depth to CEO's work in this arena."
Senior Policy Analyst, Constitutional Policy, Center for American Progress
Ian Millhiser is the Senior Constitutional Policy Analyst for American Progress, where his work focuses on the Constitution and the judiciary.
Ian previously was a Policy Analyst and Blogger for ThinkProgress, held the open government portfolio for CAP’s Doing What Works project, and was a Legal Research Analyst with ThinkProgress during the nomination and confirmation of Justice Sonia Sotomayor to the United States Supreme Court. He also clerked for Judge Eric L. Clay of the United States Court of Appeals for the Sixth Circuit, and has worked as an attorney with the National Senior Citizens Law Center’s Federal Rights Project, as assistant director for communications with the American Constitution Society, and as a Teach For America corps member in the Mississippi Delta.
He received a B.A. in philosophy from Kenyon College and a J.D., magna cum laude, from Duke University, where he served as senior note editor on the Duke Law Journal and was elected to the Order of the Coif. Ian is a frequent speaker on constitutional topics, and has spoken at numerous law schools including Yale, Michigan, Georgetown, Berkeley, New York University, and Boston College. His writings appeared in a diversity of legal and mainstream publications, including The New York Times, the Los Angeles Times, U.S. News and World Report, The Guardian, AOLNews, The American Prospect, Politico, Huffington Post, Slate, The National Law Journal, The Yale Law & Policy Review, and The Duke Law Journal. He has been a guest on CNN, MSNBC, Al Jazerra, and Fox News, and many radio stations including NPR and the BBC.
Associate Professor of Law and Director, Religious Liberty Clini, Stanford Law School
Jim Sonne is a professor at law at Stanford Law School, and is the founding director of the law school’s Religious Liberty Clinic, the only full-time program in the country where students learn the practice of law through supervised litigation in that field. He is an experienced and award-winning teacher, practitioner, and scholar, with expertise in law and religion issues.
Professor Sonne received his BA with honors from Duke University and his JD with honors from Harvard Law School. He is a former law clerk to Judge Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit. Before joining the law school in 2012, Sonne was an appellate lawyer at Horvitz & Levy in Los Angeles.
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Resident Fellow and Milton Friedman Chair, American Enterprise Institute
James C. Capretta is a resident fellow and holds the Milton Friedman Chair at the American Enterprise Institute (AEI), where he studies health care, entitlement, and US budget policy, as well as global trends in aging, health, and retirement programs.
Concurrently, Mr. Capretta serves as a senior adviser to the Bipartisan Policy Center and, since 2011, as a member of the Advisory Board of the National Institute for Health Care Management Foundation.
He spent more than 16 years in public service before joining AEI. As an associate director at the White House’s Office of Management and Budget from 2001 to 2004, he was responsible for all health care, Social Security, welfare, and labor and education issues. Earlier, he served as a senior health policy analyst at the US Senate Budget Committee and at the US House Committee on Ways and Means. From 2006 to 2016, Mr. Capretta was a fellow, and later a senior fellow, at the Ethics & Public Policy Center.
Mr. Capretta is also a contributor to RealClearPolicy, where he regularly publishes commentary on public policy issues.
He is the author and coauthor of many published essays and reports, including “Toward Meaningful Price Transparency in Health Care” (AEI Economic Perspectives, 2019); “Increasing the Effectiveness and Sustainability of the Nation’s Entitlement Programs” (AEI, 2016) and “Improving Health and Health Care: An Agenda for Reform” (AEI, 2015). In addition, his book chapters include “Medicaid” in “A Safety Net That Works: Improving Federal Programs for Low-Income Americans” (AEI Press, 2017) and “Reforming Medicaid” in “The Economics of Medicaid: Assessing the Costs and Consequences” (Mercatus Center, 2014).
Mr. Capretta has been widely published in newspapers, magazines, and trade journals, including Health Affairs (where he is a member of the Editorial Board), The JAMA Network, National Affairs, National Review, The New York Times, and The Wall Street Journal. His television appearances include “PBS NewsHour,” Fox News Sunday, C-SPAN’s “Washington Journal,” CNBC, and Bloomberg Television.
Mr. Capretta has an MA in public policy studies from Duke University and a BA in government from the University of Notre Dame.
Senior Fellow, Center for Equal Opportunity
Eastland is an accomplished journalist who was editor of The Virginian-Pilot in Norfolk, Va., before working in the Reagan administration as a speechwriter for Attorney General William French Smith and as director of public affairs for Attorney General Edwin Meese.
Eastland was later a resident scholar at the Ethics and Public Policy Center and the editor of Forbes MediaCritic. In 2001, he became publisher of The Weekly Standard and, in 2013, an executive editor. He is now a contributing editor at the magazine. Eastland has published seven books, including two on race preferences, Counting by Race (1979) and Ending Affirmative Action (1996). "The Center has done exceptional work on matters involving race and ethnicity," said Eastland, "and I look forward to contributing to its efforts in behalf of equal protection under the law."
CEO president and general counsel Roger Clegg recalled his work with Eastland during their days together in the Reagan Justice Department: "Terry is an expert on the media, a skilled editor, and a brilliant writer." CEO chairman and founder Linda Chavez said, "Eastland's writing on affirmative action has been among the most incisive and compelling on the issue over the years and will add depth to CEO's work in this arena."
Senior Policy Analyst, Constitutional Policy, Center for American Progress
Ian Millhiser is the Senior Constitutional Policy Analyst for American Progress, where his work focuses on the Constitution and the judiciary.
Ian previously was a Policy Analyst and Blogger for ThinkProgress, held the open government portfolio for CAP’s Doing What Works project, and was a Legal Research Analyst with ThinkProgress during the nomination and confirmation of Justice Sonia Sotomayor to the United States Supreme Court. He also clerked for Judge Eric L. Clay of the United States Court of Appeals for the Sixth Circuit, and has worked as an attorney with the National Senior Citizens Law Center’s Federal Rights Project, as assistant director for communications with the American Constitution Society, and as a Teach For America corps member in the Mississippi Delta.
He received a B.A. in philosophy from Kenyon College and a J.D., magna cum laude, from Duke University, where he served as senior note editor on the Duke Law Journal and was elected to the Order of the Coif. Ian is a frequent speaker on constitutional topics, and has spoken at numerous law schools including Yale, Michigan, Georgetown, Berkeley, New York University, and Boston College. His writings appeared in a diversity of legal and mainstream publications, including The New York Times, the Los Angeles Times, U.S. News and World Report, The Guardian, AOLNews, The American Prospect, Politico, Huffington Post, Slate, The National Law Journal, The Yale Law & Policy Review, and The Duke Law Journal. He has been a guest on CNN, MSNBC, Al Jazerra, and Fox News, and many radio stations including NPR and the BBC.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Resident Fellow and Milton Friedman Chair, American Enterprise Institute
James C. Capretta is a resident fellow and holds the Milton Friedman Chair at the American Enterprise Institute (AEI), where he studies health care, entitlement, and US budget policy, as well as global trends in aging, health, and retirement programs.
Concurrently, Mr. Capretta serves as a senior adviser to the Bipartisan Policy Center and, since 2011, as a member of the Advisory Board of the National Institute for Health Care Management Foundation.
He spent more than 16 years in public service before joining AEI. As an associate director at the White House’s Office of Management and Budget from 2001 to 2004, he was responsible for all health care, Social Security, welfare, and labor and education issues. Earlier, he served as a senior health policy analyst at the US Senate Budget Committee and at the US House Committee on Ways and Means. From 2006 to 2016, Mr. Capretta was a fellow, and later a senior fellow, at the Ethics & Public Policy Center.
Mr. Capretta is also a contributor to RealClearPolicy, where he regularly publishes commentary on public policy issues.
He is the author and coauthor of many published essays and reports, including “Toward Meaningful Price Transparency in Health Care” (AEI Economic Perspectives, 2019); “Increasing the Effectiveness and Sustainability of the Nation’s Entitlement Programs” (AEI, 2016) and “Improving Health and Health Care: An Agenda for Reform” (AEI, 2015). In addition, his book chapters include “Medicaid” in “A Safety Net That Works: Improving Federal Programs for Low-Income Americans” (AEI Press, 2017) and “Reforming Medicaid” in “The Economics of Medicaid: Assessing the Costs and Consequences” (Mercatus Center, 2014).
Mr. Capretta has been widely published in newspapers, magazines, and trade journals, including Health Affairs (where he is a member of the Editorial Board), The JAMA Network, National Affairs, National Review, The New York Times, and The Wall Street Journal. His television appearances include “PBS NewsHour,” Fox News Sunday, C-SPAN’s “Washington Journal,” CNBC, and Bloomberg Television.
Mr. Capretta has an MA in public policy studies from Duke University and a BA in government from the University of Notre Dame.
Senior Fellow, Center for Equal Opportunity
Eastland is an accomplished journalist who was editor of The Virginian-Pilot in Norfolk, Va., before working in the Reagan administration as a speechwriter for Attorney General William French Smith and as director of public affairs for Attorney General Edwin Meese.
Eastland was later a resident scholar at the Ethics and Public Policy Center and the editor of Forbes MediaCritic. In 2001, he became publisher of The Weekly Standard and, in 2013, an executive editor. He is now a contributing editor at the magazine. Eastland has published seven books, including two on race preferences, Counting by Race (1979) and Ending Affirmative Action (1996). "The Center has done exceptional work on matters involving race and ethnicity," said Eastland, "and I look forward to contributing to its efforts in behalf of equal protection under the law."
CEO president and general counsel Roger Clegg recalled his work with Eastland during their days together in the Reagan Justice Department: "Terry is an expert on the media, a skilled editor, and a brilliant writer." CEO chairman and founder Linda Chavez said, "Eastland's writing on affirmative action has been among the most incisive and compelling on the issue over the years and will add depth to CEO's work in this arena."
Senior Policy Analyst, Constitutional Policy, Center for American Progress
Ian Millhiser is the Senior Constitutional Policy Analyst for American Progress, where his work focuses on the Constitution and the judiciary.
Ian previously was a Policy Analyst and Blogger for ThinkProgress, held the open government portfolio for CAP’s Doing What Works project, and was a Legal Research Analyst with ThinkProgress during the nomination and confirmation of Justice Sonia Sotomayor to the United States Supreme Court. He also clerked for Judge Eric L. Clay of the United States Court of Appeals for the Sixth Circuit, and has worked as an attorney with the National Senior Citizens Law Center’s Federal Rights Project, as assistant director for communications with the American Constitution Society, and as a Teach For America corps member in the Mississippi Delta.
He received a B.A. in philosophy from Kenyon College and a J.D., magna cum laude, from Duke University, where he served as senior note editor on the Duke Law Journal and was elected to the Order of the Coif. Ian is a frequent speaker on constitutional topics, and has spoken at numerous law schools including Yale, Michigan, Georgetown, Berkeley, New York University, and Boston College. His writings appeared in a diversity of legal and mainstream publications, including The New York Times, the Los Angeles Times, U.S. News and World Report, The Guardian, AOLNews, The American Prospect, Politico, Huffington Post, Slate, The National Law Journal, The Yale Law & Policy Review, and The Duke Law Journal. He has been a guest on CNN, MSNBC, Al Jazerra, and Fox News, and many radio stations including NPR and the BBC.
Luncheon with Kyle Duncan
Columbia, South CarolinaAffordable Care Act Compliance: Say “Hello” to Collective Bargaining Obligations
R. Pepper Crutcher, R Crutcher
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Jonathan H. Adler, James C. Capretta, Terry H. Eastland, Ian Millhiser
On June 11, 2013, the Federalist Society's Executive Branch Review Project held its First Annual...
Implementation of the Affordable Care Act
Jonathan H. Adler, James C. Capretta, Terry H. Eastland, Ian Millhiser
On June 11, 2013, the Federalist Society's Executive Branch Review Project held its First Annual...
Implementation of the Affordable Care Act
First Annual Executive Branch Review Conference
Washington, DCThe Naked Constitution: What the Founders Said and Why It Still Matters
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AustinReligious Liberty in the New Millennium
Irvine, California