Partner, Willkie Farr & Gallagher LLP
Francis J. Menton, Jr. is a partner in the Litigation Department and Co-Chair of the Business Litigation Practice Group of Willkie Farr & Gallagher LLP in New York. Mr. Menton specializes in complex and technical commercial litigation, principally contract and securities claims. He has a nationwide trial practice, and has tried cases in state and federal courts including Colorado, Kansas, Massachusetts, Michigan, New York, Puerto Rico, Texas, Virginia, and Washington.
Mr. Menton is the author of "New Opportunities for Defendants in Securities Class Actions," Engage (Fall 2007), "Can You Protect Yourself Against Identity Theft?" New York Law Journal (April 29, 2002), and "Top Ten Federal Government Efforts to Suppress Free Speech," Federalist Society Free Speech and Election Law News (Summer 2000, 1999, 1998). He also authored "Evaluating Claims Under The Securities Litigation Reform Act of 1995," New York Law Journal (January 6, 1996).
Senior Counsel - Intellectual Property, Baker Hughes Company
After nearly two decades exclusively as an Intellectual Property Attorney, I have recently branched out my repertoire to become an Entrepreneur (in addition to a solo legal practice).
As an Intellectual Property Attorney, I counsel my clients on various Intellectual Property (IP) related issues concerning acquisition, maintenance and enforcement, including litigation (whether in court or in front of an administrative law judge) and licensing (from non-disclosure agreements to asset purchase agreements). For my clients, I have expanded my expertise to include consultation from a business point-of-view, assisting my clients in not only the legal issues relating to IP, but also the strategic issues associated with monetizing an IP portfolio.
As an Entrepreneur, I own a Property Management business, focusing on residential homes in the Central Texas area. Additionally, I own a boutique fitness studio in Austin, Texas, specializing in kickboxing.
Former United States Attorney General
Jeff Sessions served as the 84th Attorney General of the United States from February 9, 2017 until November 7, 2018.
Prior to becoming Attorney General, Mr. Sessions served as a United States Senator for Alabama since 1996. As a United States Senator, he focused his energies on maintaining a strong military, upholding the rule of law, limiting the role of government, and providing tax relief to stimulate economic growth and to empower Americans to keep more of their hard-earned money.
Mr. Sessions was born in Selma, Alabama on December 24, 1946, and grew up in Hybart, the son of a country store owner. Growing up in the country, Sessions was instilled with certain core values – honesty, hard work, belief in God and parental respect – that define him today. In 1964, he became an Eagle Scout and thereafter received the Distinguished Eagle Scout Award. After attending school in nearby Camden, Sessions attended Huntingdon College in Montgomery, graduating with a Bachelor of Arts degree in 1969. He received a Juris Doctorate degree from the University of Alabama in 1973. Sessions served in the United States Army Reserve from 1973 to 1986, ultimately attaining the rank of Captain. He still considers that period to be one of the most rewarding chapters of his life.
Sessions’ interest in the law led to a distinguished legal career, first as a practicing attorney in Russellville, Alabama, and then in Mobile. Following a two-year stint as Assistant United States Attorney for the Southern District of Alabama (1975-1977), Sessions was nominated by President Reagan in 1981 and confirmed by the Senate to serve as the United States Attorney for the Southern District of Alabama, a position he held for 12 years. Sessions was elected Alabama Attorney General in 1995, serving as the State’s chief legal officer until 1996, when he entered the United States Senate.
Sessions and his wife, Mary Blackshear Sessions, originally of Gadsden, Alabama, have three children, Mary Abigail Reinhardt, Ruth Sessions Walk, and Sam. They have seven granddaughters, Jane Ritchie, Alexa, Gracie, Sophia, Hannah, Joanna, and Phoebe, and three grandsons, Jim Beau, Lewis, and Nicholas.
Chief Judge, United States Court of Appeals, Eleventh Circuit
William H. Pryor Jr. serves as Chief Circuit Judge on the United States Court of Appeals for the Eleventh Circuit.
In 2013–18, he served on the United States Sentencing Commission and, in 2017–18, served as Acting Chair.
He has taught as a visiting professor at the University of Alabama School of Law and previously taught as an adjunct professor at the Cumberland School of Law of Samford University.
He served as the 45th Attorney General of Alabama from 1997 to 2004. When he took office, he was the youngest attorney general in the nation. In his reelection, he received the highest percentage of votes of any statewide candidate.
He graduated magna cum laude from Tulane Law School where he finished first in the common-law curriculum and was editor in chief of the Tulane Law Review. He then served as a law clerk for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.
He is a member of The American Law Institute and an Adviser for the RESTATEMENT OF THE LAW THIRD, CONFLICT OF LAWS. He is a coauthor with Bryan Garner, Justices Gorsuch and Kavanaugh, and several other judges of a treatise, THE LAW OF JUDICIAL PRECEDENT. He has published in the Yale Law Journal, Columbia Law Review, Virginia Law Review, Notre Dame Law Review, Harvard Journal of Law & Public Policy, Yale Law & Policy Review, George Mason Law Review, Florida Law Review, Alabama Law Review, Case Western Reserve Law Review, and Tulane Law Review. He has published op-eds in The Wall Street Journal, The New York Times, National Review, and USA Today. He has debated at National Lawyers’ Conventions of the Federalist Society (including on National Public Radio) and at the Oxford Union in the United Kingdom. And he is listed among several “widely admired judicial writers” in Bryan Garner’s The Redbook: A Manual on Legal Style.
He is a member of the Tulane Law School Hall of Fame and has received the Defender of the Constitution Award from the Heritage Foundation, the Jurist of the Year Award from the Texas Review of Law & Politics, and the St. Thomas More Award from the St. Thomas More Society of Atlanta. Judge Pryor is also a proud member of the National Society of the Sons of the American Revolution.
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.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Managing Director, Berkeley Research Group
Dan Troy is Managing Director and an expert witness on FDA matters at Berkeley Research Group. Previously he served as Chief Counsel of the US Food and Drug Administration and General Counsel of GlaxoSmithKline PLC.
Partner, Marzulla Law
Ms. Marzulla served as an Attorney-Advisor and as a trial lawyer prosecuting employment violations in the Civil Rights Division at the U.S. Department of Justice. Later, Nancie joined the law firm of Verner, Liipfert (now DLA Piper), where she litigated complex airline and other civil matters. In 1991, She founded Defenders of Property Rights, where she was involved in high profile takings cases in the Supreme Court, federal courts of appeal, and trial courts. Ms. Marzulla also worked at the International Labor Organization in Geneva, Switzerland doing comparative legal research.
Nancie G. Marzulla is a founding partner of Marzulla Law, ranked as one of the nation’s “Best Law Firms,” and a “Tier One” environmental litigation firm by the U.S. News and World Report. Nancie’s litigation practice concentrates on water rights, takings, and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, the Supreme Court, and in international tribunals. Nancie also represents corporate clients in enforcement or permitting disputes with federal regulatory agencies.
Society Debates Resurrecting the Non-Delegation Doctrine
Daniel E. Frank
The Federalist Society's Administrative Law and Regulation Practice Group's panel discussion at the 1998 National...
A Supreme Fallacy: "Diversity" and the High Court
Brian W. Jones
So civil-rights advocacy has come to this. In the wake of the recent revelation that...
Top Ten Government Efforts to Suppress Free Speech, 1997-1998
Francis J. Menton, Matthew Peterson
We Americans may think we have an inalienable right to free speech: the right to...
Of Juries And Shampoo: The Supreme Court And The Copyright Act
Timothy M. Morella
This past March, the U. S. Supreme Court decided a pair of copyright cases, both...
Reflections on Judicial Independence
Jefferson B. Sessions
Before I address judicial independence, I want to recognize the tremendous contribution that the Federalist...
Federalism Revived? The Printz and City of Boerne Decisions
William H. Pryor, John F. Duffy, Gregory G. Katsas, Jeffrey S. Sutton
The following program was sponsored by the Federalism and Separation of Powers Practice Group at...
Taking Commercial Speech Seriously
Daniel E. Troy
The Supreme Court’s current approach to commercial speech exemplifies the perils of balancing tests, particularly...
Criminalizing From the Bench: The Expansion of Section 10(b) in United States v. O'Hagan
Jay V. Prabhu
One of the fundamental tenets of our Constitution is that the federal government may not...
Crossing a Property Rights Threshold
Nancie G. Marzulla
Bernadine Suitum had to go all the way to the U.S. Supreme Court to win...
Printz v. United States
Kelly M. Klaus
It is something of an annual tradition at the Supreme Court that each Term's biggest...