Adjunct Professor, Belmont Abbey College
Associate Dean for Faculty; Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State University Mortiz College of Law
Professor Daniel Tokaji is an authority on the law of elections and democracy. He teaches courses on Election Law, Civil Rights, Civil Procedure, Comparative Law, Constitutional Law, Federal Courts, Legislation and Regulation, and the U.S. Legal System. His scholarship addresses questions of voting rights, racial justice, free speech, and the role of the courts in American democracy.
Professor Tokaji is the author of Election Law in a Nutshell (2d ed. 2016), and co-author of Election Law: Cases and Materials (6th ed. 2017) and The New Soft Money (2014). He has written numerous articles and book chapters on a wide variety of election and voting issues, including voting rights, voter ID, voter registration, redistricting, campaign finance regulation. Recent articles include “Gerrymandering and Association,” 59 William & Mary Law Review 2159 (2018), and “Denying Systemic Equality: The Last Words of the Kennedy Court,” 13 Harvard Law & Policy Review 539 (2019). His current research focuses on the challenges facing democracies around the globe, including the free speech issues surrounding digital disinformation and the need for trustworthy electoral institutions.
Media outlets frequently seek Professor Tokaji’s expertise on election and voting issues. He has been quoted in The New York Times, Los Angeles Times, The Columbus Dispatch, USA TODAY, and appeared on TODAY, FOX News, NBC News, and National Public Radio and many other media outlets.
A graduate of Harvard College and the Yale Law School, Professor Tokaji clerked for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Before arriving at Ohio State, he was a staff attorney with the ACLU Foundation of Southern California and Chair of California Common Cause.
Professor Tokaji has litigated many civil rights, civil liberties, and election law cases. He was lead counsel in a case that struck down an Ohio law requiring naturalized citizens to produce a certificate of naturalization when challenged at the polls. He also served as counsel in litigation challenging the state’s voting purges. He was also an attorney for plaintiffs in cases that kept open the window for simultaneous registration and early voting in Ohio’s 2008 general election, and that challenged punch-card voting systems in Ohio and California after the 2000 election.
Managing Director, Lexpat Global Services
Adam R. Pearlman is the Founder and Managing Director of Lexpat Global Services, an international law and consulting services firm specializing in security, defense, investigations, compliance, and training. A Special Advisor to and member of the Executive Committee of the Federalist Society’s International and National Security Law Practice Group, he is National Security Law expert and a proven senior leader with more than fifteen years of experience across the U.S. Departments of Justice, Defense, and State, in the White House, and with the U.S. Federal Judiciary.
Most recently, he served as the Senior Advisor for Legal Policy in the State Department’s Bureau of Counterterrorism, where he counseled senior officials on matters covering the entire spectrum of programs and operations to counter terrorism and violent extremism. While participating in sensitive diplomatic engagements and helping to coordinate military operations, he also advised in the development of sanctions policy and initiatives to build legal and operational capacity in partner nations. Mr. Pearlman also managed the Bureau’s participation in federal litigation and led U.S. delegations in multilateral forums concerning criminal justice and rule of law.
A former Associate Deputy General Counsel of the Department of Defense, Mr. Pearlman was agency counsel for complex civil and criminal national security matters in federal and military courts, and led the Supreme Court and appellate unit of the team dedicated to litigating classified counterterrorism cases. His earlier service in the Department of Justice spanned four litigating divisions and the Office of the Deputy Attorney General. His diverse experience included reviewing complex international transactions and mergers, and advising on immigration removal proceedings, human rights abuses, and terrorist financing investigations. Mr. Pearlman also served with distinction in Iraq as an early advisor to the Iraqi High Tribunal’s prosecution of Saddam Hussein. He was a law clerk for The Honorable Royce C. Lamberth, and during law school interned in the White House Counsel’s Office.
Mr. Pearlman is a Term Member of the Council on Foreign Relations, a Visiting Fellow at the National Security Institute at George Mason University’s Antonin Scalia Law School, a member of the American Bar Association’s Africa Law Initiative Council, and a member of the Center for Strategic & International Studies’ Project on Nuclear Issues. He is a former National Security Fellow at the Foundation for Defense of Democracies, vice chairman of the ABA Section of International Law’s committees on national security, and aerospace and defense, and also previously served as a liaison to the Board of Directors of the ABA’s Rule of Law Initiative. He has been co-editor of the U.S. Intelligence Community Law Sourcebook since 2011 and has published articles in the Harvard National Security Journal, Stanford Law & Policy Review, and Intelligence & National Security.
Mr. Pearlman earned his B.A., with honors, from UCLA, and his J.D., with honors, from The George Washington University Law School, where he was a member of the International Law Review. He also earned a Master of Science of Strategic Intelligence degree from the National Intelligence University, where he was the inaugural recipient of the Kornblum Award for national security law and ethics. Mr. Pearlman speaks and reads Portuguese at the intermediate level and holds certificates in international human rights law from the University of Oxford and in U.S. and international anti-corruption law from American University’s Washington College of Law. He is admitted to the State Bars of California and Virginia, as well as to the Bar of the United States Supreme Court.
Carmack Waterhouse Professor of Constitutional Law, Georgetown Law
After graduating from Harvard Law School in 1971, Professor Seidman served as a law clerk for J. Skelly Wright of the D.C. Circuit and U.S. Supreme Court Justice Thurgood Marshall. He then was a staff attorney with the D.C. Public Defender Service until joining the Law Center faculty in 1976. He teaches a variety of courses in the fields of constitutional and criminal law. He is co-author of a constitutional law casebook and the author of many articles concerning criminal justice and constitutional law. His most recent books are Silence and Freedom (Stanford 2007), Our Unsettled Constitution: A New Defense of Constitutionalism and Judicial Review (Yale 2001) and Equal Protection of the Laws (Foundation 2002).
Counsel, The Judicial Confirmation Network
Wendy Long is legal counsel to the Judicial Confirmation Network. Until March 2005, she was a litigation partner in the New York office of Kirkland & Ellis LLP. Wendy was a law clerk to U.S. Supreme Court Justice Clarence Thomas and to Judge Ralph Winter of the U.S. Court of Appeals for the Second Circuit in New York. She is a graduate of Northwestern University School of Law, cum laude and Order of the Coif, where she was articles editor of the Northwestern University Law Review, and of Dartmouth College. She previously served as a press secretary in the U.S. Senate, for former U.S. Senator Bill Armstrong (R-Colo.) and former U.S. Senator Gordon Humphrey (R-N.H.).
Partner, Goldstein & Russell PC
Thomas C. Goldstein has argued 28 cases before the Supreme Court, including matters involving federal patent law, class action practice, labor and employment, and disability law. In addition to practicing law, Tom teaches Supreme Court Litigation at Harvard Law School and taught at Stanford Law School as well from 2004-2012.
In the Supreme Court and elsewhere, Mr. Goldstein litigates and advises clients in a broad range of issues. For example, he regularly litigates and lectures on questions of federal patent law. Mr. Goldstein frequently advises clients, litigates, and consults on legislative matters relating to the First Amendment. And he regularly represents parties in questions relating to the game of poker, including its lawfulness as a matter of federal and state law. Tom's clients include plaintiffs, criminal defendants, and major corporations such as BG Group, Home Depot, Humana, IMS Health, Nike, PokerStars, POM Wonderful, and Pemex.
In addition to practicing law, Tom founded, and is the publisher of, SCOTUSblog, which in 2013 became the only weblog ever to receive the Peabody Award for excellence in electronic media. It also won the 2013 Society of Professional Journalists (Sigma Delta Chi) prize for deadline reporting for its coverage of the Supreme Court’s healthcare ruling. In 2010, it became the first blog to receive the American Bar Association’s Silver Gavel Award for fostering the American public’s understanding of law and the legal system.
Tom has been repeatedly recognized as a leading member of the bar. In 2010, The National Law Journal named him one of the 40 most influential lawyers of the decade; Tom notably was ten years younger than any other law firm partner listed. Legal Times named him one of the “90 Greatest Washington Lawyers of the Last 30 Years” and praised him for “transforming the practice” of law before the Supreme Court. He is also included in both of the National Law Journal’s most recent lists of the nation’s 100 most influential lawyers (2006 and 2013). He has been repeatedly recognized as one of the nation’s top appellate advocates. GQ Magazine named him one of the 50 most powerful people in Washington, D.C.
Tom is an elected Fellow of the American Academy of Appellate Lawyers, and a member of the American Law Institute. He is involved with a number of professional organizations. He serves as the vice chair of the Amicus Committee of the ABA’s Intellectual Property Section and previously served for two years on the ABA’s Standing Committee on Amicus Curiae Briefs. In those capacities, he has authored several Supreme Court amicus briefs for the ABA. In addition, Tom serves on the boards of advisors of the Washington Legal Foundation and the Georgetown University Supreme Court Institute.
Before founding Goldstein & Howe in 1999, Tom practiced law at Boies & Schiller, LLP and at Jones Day Reavis & Pogue. Tom left the firm he founded in 2006 to create the Supreme Court Practice at Akin, Gump, Strauss, Hauer & Feld, where he also was a partner and principal co-chair of the firmwide litigation practice. He returned to what is now Goldstein & Russell in 2011.
Tom clerked for the Honorable Patricia M. Wald of the U.S. Court of Appeals for the D.C. Circuit.
Associate Professor of Law, University of Colorado Law School
Scott Moss joined CU Law School in 2007 after six years as an attorney in New York City and three years as a professor at Marquette Law School, where he was the 2007 recipient of the James D. Ghiardi Faculty Award for Outstanding Teaching, Student Body Support, and Scholarship. In New York, Professor Moss was a law clerk to U.S. District Judge Constance Baker Motley and then a plaintiff's employment lawyer at Outten & Golden LLP, the largest plaintiff-side employment law practice in the country, where he litigated individual and class action cases of discrimination, harassment, and minimum/overtime wage violations. He also has argued and briefed appeals of employment cases and has undertaken pro bono projects such as First Amendment right-to-protest litigation with the New York Civil Liberties Union, low-income worker clinics in lower Manhattan, and court-sponsored mediations for pro se litigants. Professor Moss received his J.D. (magna cum laude) in 1998 from Harvard Law School, where he was a Senior Editor of the Harvard Civil Rights-Civil Liberties Law Review; his B.A. (Economics) and M.A. (Media Studies) are from Stanford University. Professor Moss's research interests have included employment law, discrimination, constitutional law, various civil procedure rules, and economic analysis of all of the preceding topics.
B.A., Stanford
M.A., Stanford
J.D., Harvard
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Roger Williams University School of Law
Professor Bogus has achieved national prominence in two areas -- (1) tort law, and especially, products liability; and (2) gun control, including issues involving the Second Amendment.
His work in the first area includes Why Lawsuits Are Good for America: Disciplined Democracy, Big Business and the Common Law (NYU Press). His Constitutional Law research proposes the thesis that James Madison wrote the Second Amendment to ensure that the federal government could not subvert the slave system by disarming the militia, on which the South relied for slave control. Professor Bogus has testified before Congress and spoken about and debated these subjects at many venues across the country, including at Harvard, Columbia, Chicago, Stanford, and Vanderbilt law schools, and his writings on these subjects have been published by law reviews, as well as opinion journals such as The Nation and The American Prospect, and newspapers including USA Today, Boston Globe, Washington Times, and the Providence Journal. Most recently, he was interviewed by National Public Radio. One of his interests is how ideology influences the law, and he is presently at work on a biography of William F. Buckley, Jr. and the conservative movement.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
United States Senator, Texas
Ted Cruz represents 28 million Texans in the U.S. Senate as a passionate fighter for limited government and economic growth. He has authored 39 legislative measures signed into law. Recent victories include expanding 529 college savings accounts to allow parents to save for K–12 public, private, and religious education, leading the effort to repeal Obamacare’s individual mandate, imposing sanctions on terrorists who use civilians as human shields, designating North Korea as a state sponsor of terrorism, reauthorizing and reforming NASA, ensuring the availability of additional records to help solve civil rights cold cases, supporting thousands of Texas jobs, and leading the fight to confirm principled constitutionalists to our courts.
Senator Cruz is a graduate of Princeton University and Harvard Law School, a former law clerk to Chief Justice William Rehnquist, and former solicitor general of Texas. He has argued nine cases before the Supreme Court. In November of 2018, he was re-elected to the Senate by the people of Texas.
Professor of Law, UCLA School of Law
Appellate Counsel, Theodore Cooperstein PLLC
Theodore Cooperstein currently is an appellate attorney in the boutique law firm of Theodore Cooperstein PLLC, available for criminal and civil appeals in both state and federal courts. A former career prosecutor with twenty five years of service in the US Department of Justice, he was an Assistant United States Attorney for the Southern District of Florida and the Southern District of Mississippi, and has served as a Military Intelligence Officer in the Army Reserves from 1989 to 2011, retiring with the rank of Lieutenant Colonel. During the Trump Administration, he was appointed and served as the General Counsel of the U.S. Office of Personnel Management. Prior to joining the Southern District of Florida, Mr. Cooperstein served as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Maryland. He previously had served as Counsel to the Deputy Attorney General at the Department of Justice, and as Assistant General Counsel in the FBI Office of the General Counsel.
A.B., Dartmouth College; J.D., Stanford University; LL.M., Comparative and International Law, Georgetown University Law Center; Masters of Strategic Studies, U.S. Army War College
Shareholder, Kirton McConkie
R. Shawn Gunnarson is a shareholder with Kirton McConkie in Salt Lake City.
Director of Asian Studies and Resident Fellow, American Enterprise Institute
Dan Blumenthal is the director of Asian Studies at the American Enterprise Institute, where he focuses on East Asian security issues and Sino-American relations. Mr. Blumenthal has both served in and advised the U.S. government on China issues for over a decade. From 2001 to 2004, he served as senior director for China, Taiwan, and Mongolia at the Department of Defense. Additionally, he served as a commissioner on the congressionally-mandated U.S.-China Economic and Security Review Commission since 2006-2012, and held the position of vice chairman in 2007. He has also served on the Academic Advisory Board of the congressional U.S.-China Working Group. Mr. Blumenthal is the co-author of “An Awkward Embrace: The United States and China in the 21st Century” (AEI Press, November 2012).
Partner, McGuireWoods LLP
George Terwilliger is co-head of the firm's white collar practice and leads the firm's Strategic Response and Crisis Management practice group. Following his fifteen years of public service in the US Department of Justice, where he began as a law clerk and concluded as Acting Attorney General, George has provided counsel in government and internal investigations, agency enforcement proceedings and in civil and criminal litigation. He has represented many of the nation's and the world's largest corporations, including major financial institutions, energy companies, public institutions as well as leading business and government officials, including members of the US Senate and House as well as cabinet officials. He has also represented lawyers and corporate legal departments in investigations. As a result of both his private sector work and government positions, George is called upon to provide counsel as well as commentary to government officials, Congress and private organizations on national security, homeland defense, terrorism, and other public policy and legal issues. George's work regularly involves providing counsel in the executive suites and boardrooms of major corporations.
In private practice for international law firms, George has represented national and international financial, energy, telecommunications, industrial and healthcare companies. He is a recognized expert in leading credible corporate internal investigations and his experience designing and executing both targeted and global legal compliance reviews has involved work in more than 60 countries around the globe. George is an expert on the Foreign Corrupt Practices Act and regularly provides counsel to companies addressing FCPA issues. No stranger to high stakes litigation and crisis events, George helped lead the Bush-Cheney legal team in the 2000 Florida vote recount, served as special outside counsel to a Senate committee investigating vote fraud allegations, served as counsel to an executive commission on gambling, and has represented many clients in politically charged election law and similar cases. He has guided corporations and individual through high stakes matters of intense public interest. He represented an incumbent president in First Amendment litigation concerning the right to have an inaugural prayer said in a public ceremony.
At the Department of Justice, George served for 10 years as a frontline federal prosecutor, handling hundreds of investigations, trials and appeals, including in white collar and national security cases. President Ronald Reagan appointed him as a U.S. attorney, and he next served as the deputy attorney general and as acting attorney general during the George H.W. Bush administration. As Deputy Attorney General, George ran the Justice Department's operations, overseeing all the nation's federal prosecutors, as well as the FBI and other law enforcement agencies. He also had leadership responsibility in several national and international crises, including a hostage-taking in a federal prison and the federal law enforcement response to domestic unrest in Los Angeles. In several instances, he personally handled negotiations of high-profile criminal and civil matters in the United States and abroad.
Of Counsel, Kirkland & Ellis LLP
John focuses his practice on labor and employment litigation and counseling employers on mergers, acquisitions and consolidations, downsizing, plant relocations, union representation elections, labor negotiations, strikes and lockouts, NLRB unfair labor practices, arbitration, wage and hour, wrongful discharge and equal employment. John, a former NLRB General Counsel and Labor Department official, was selected as a global leader in the field of employment & labor law in The International Who's Who of Labor and Employment Lawyers by Law Business Research, The Best Lawyers in America, and Super Lawyers.
John earned his B.A. from Brown University and both his J.D. and LL.M. from Georgetown.
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