Senior Attorney and Counsel for Special Projects, Competitive Enterprise Institute
CEI’s Counsel for Special Projects is Hans Bader. Coming to CEI in 2003, Hans’s prior casework has included suits involving the First Amendment, federalism, and civil rights issues. He graduated from the University of Virginia with a B.A. in economics and history, and later earned his J.D. from Harvard Law School. Just before joining CEI, Hans was Senior Counsel at the Center for Individual Rights.
Judge, United States Court of Appeals, Second Circuit
Judge Winter was appointed United States Circuit Judge for the Second Circuit on December 10, 1981 and entered on duty January 5, 1982. He received a B.A. degree from Yale College in 1957 and an LL.B. degree from Yale Law School in 1960. He served as a law clerk to Judge Caleb M. Wright, Chief Judge, U.S. District Court, Delaware, 1960-61, and to Judge Thurgood Marshall, U.S. Court of Appeals, Second Circuit, 1961-62.
Judge Winter was a full-time member of the Yale Law School Faculty from 1962 until entering judicial service. At the time of his appointment, he was the William K. Townsend Professor of Law. He was also a Consultant to the Subcommittee of Separation of Powers, Committee on the Judiciary, U.S. Senate from 1968 to 1972, a Senior Fellow, The Brookings Institute, Washington, D.C. from 1968 to 1970, a John Simon Guggenheim Fellow from 1971 to 1972 and an Adjutant Scholar, American Enterprise Institute from 1972 to 1981.
He served from 1987 to 1992 as a member of the Judicial Conference Advisory Committee on Civil Rules. He served as Chair of the Judicial Conference Advisory Committee on the Rules of Evidence from 1992 to 1996. From July 1, 1997 to September 30, 2000, Judge Winter served as Chief Judge of the U.S. Court of Appeals for the Second Circuit. In April 1998, he was appointed to the Executive Committee of the U.S. Judicial Conference. From October 1999 to September 2000, he served as Chair of the Executive Committee. On October 1, 2000, he took Senior Judge status.
He served as Chair of the Committee to Review Circuit Council Conduct and Disability Orders from 2005 to 2008. He was a member of the United States Foreign Intelligence Surveillance Act Court of Review from 2003 to 2010.
Judge Winter has received the Connecticut Law Review Award, Honorary Doctors of Law from Brooklyn Law School and New York Law School, the Federal Bar Council's Learned Hand Award for Excellence in Federal Jurisprudence, and the Yale Law School's Association's Award of Merit. He is a Fellow of the American Academy of Arts and Sciences.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
John A. Sibley Professor in Corporate and Business Law, The University of Georgia School of Law
Larry D. Thompson has served on the University of Georgia School of Law’s faculty as the holder of the John A. Sibley Chair of Corporate and Business Law since 2011, noting he was on a leave of absence from June 2012 through 2014. He is presently a member of the Faculty Division of the law school's Dean Rusk International Law Center Council.
Thompson first retired from PepsiCo in May 2011. In June 2012, he rejoined the company as executive vice president, government affairs, general counsel and corporate secretary. His responsibilities included leading PepsiCo’s worldwide legal function, as well as its global government affairs and public policy group and its global citizenship and sustainability team. Thompson again retired from PepsiCo in December 2014.
Thompson has extensive leadership experience in both the public and private sectors. In 2001, Thompson was confirmed by the U.S. Senate as deputy attorney general of the United States. As deputy attorney general, Attorney General John Ashcroft named Thompson in 2002 to lead the Department of Justice’s National Security Coordination Council. Also in 2002, President George W. Bush named Thompson to head the government-wide Corporate Fraud Task Force.
From 1982 to 1986, he served as U.S. attorney for the Northern District of Georgia where he led major political corruption and drug trafficking prosecutions brought by the U.S. Attorney’s Office. As U.S. attorney, Thompson also led the Southeastern Organized Crime Drug Enforcement Task Force.
Thompson has held other significant leadership positions in the public sector. In 1995, he was named independent counsel for the Department of Housing and Urban Development Investigation. In 2000, he was selected by the U.S. Congress to chair the bi-partisan Judicial Review Commission on Foreign Asset Control.
In the private sector, in addition to his leadership roles at PepsiCo, Thompson was a partner in the Atlanta law firm of King & Spalding. He was the founding co-chair of the firm’s special matters and government investigations practice.
Thompson has received numerous awards for his professional achievements, including the Edmund Jennings Randolph Award for outstanding contributions to the accomplishment of the Department of Justice’s mission, the Outstanding Litigator Award from the Federal Bar Association and a Honorary Doctor of Laws degree from Pace University in New York. He has also been recognized by Atlanta’s Gate City Bar Association as a member of its hall of fame.
Thompson is an elected Fellow of the American Board of Criminal Lawyers. In 2014, Ethisphere magazine recognized him by noting that as “the outgoing General Counsel of one of the world’s most well-recognized corporations [Thompson] has set the bar high for GC’s everywhere. [His] background in both public and private sectors earned him the trust and respect of his peers worldwide as he demonstrated how ethics and integrity are essential components of business success.”
In 2004, Thompson served as a Senior Fellow with the Brookings Institution in Washington, D.C.
Thompson speaks and writes frequently on a number of legal topics. His recent publications include:
● “The Responsible Corporation: Its Historical Roots and Continuing Promise" in 29 Notre Dame Journal of Law, Ethics & Public Policy 199 (2015).
● “In-sourcing Corporate Responsibility for Enforcement of the Foreign Corrupt Practices Act" in 51 American Criminal Law Review 199 (2014).
● “Keynote Speech: The Reality of Overcriminalization” in 7 George Mason University Journal of Law, Economics and Policy 577 (2011).
Thompson holds a B.A. from Culver-Stockton College in Canton, Missouri, a M.A. from Michigan State University and a law degree from the University of Michigan.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
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.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
John Adams is a pseudonym. The author is a veteran attorney in the government arms control community. His opinions are purely his own, and do not reflect any official position or policy of the United States, the Conference on Disarmament, or the Organization for the Prohibition of Chemical Weapons.
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