Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Staff Attorney, Shook Hardy & Bacon
Sarah works with Shook Hardy & Bacon’s Public Policy Group, whose aim is to improve civil litigation through judicial education, communications and legal scholarship; she also is a member of the Litigation practice group. Since joining the firm, she also has worked on construction industry-related arbitrations.
Before joining Shook, Sarah worked on litigation and administrative appeals for the Civil Beat Law Center in Hawaii, which provides advice and representation to the public and the media to achieve transparency in government. During law school, Sarah was senior research assistant to Andrew F. Popper during his work on the third edition of Administrative Law: A Contemporary Approach.
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.
Vice President for Litigation & Strategy, Pacific Legal Foundation
Larry Salzman leads PLF’s litigation program and is responsible for shaping the organization’s overall legal strategy to advance the principles of individual rights and limited government. He oversees the Supreme Court docket at PLF and helps its nearly 75 litigating attorneys and support staff bring cases to secure enduring legal change for liberty.
Larry has been a public interest litigator for nearly two decades, focusing on property rights and economic freedom. Recent highlights include Sheetz v. County of El Dorado and Tyler v. Hennepin County at the Supreme Court. He has been with PLF for more than a decade. Previously, he was a judicial clerk at the U.S. Court of Federal Claims and a litigator at the Institute for Justice.
Between 2007 and 2011, Larry took a hiatus from litigation to work as CEO of an e-commerce company he had co-founded and built while attending law school at night. He loves his current role at PLF because it provides the rare opportunity to continue expressing dual passions for litigation and entrepreneurial management.
Larry’s commitment to liberty crystallized during college by studying philosophy and free-market economics. He experienced the importance of property rights in a very personal way in the 1990s when his family’s auto-repair business was taken by eminent domain and turned over by the city to a private developer on the promise that a big-box store would generate more tax revenue.
He graduated from the University of San Diego School of Law (J.D. 2002), where he was assistant editor of the San Diego Law Review. Larry was inspired in law school to pursue a career in public interest litigation while working as a research assistant to the late Bernard Siegan, a pioneer in the movement to revive constitutional protection for property rights and economic liberty. He also serves on the Board of Directors for the Ayn Rand Institute. When not working, he enjoys travel, an annual pass to Disneyland with family, and learning and growing alongside his daughter.
Larry is a member of the bar only in the state of California.
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.
President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
Topics
Solicitor General Francisco Attempts to Fast-Track DACA Litigation to SCOTUS
U.S. Solicitor General Noel Francisco petitioned the Supreme Court on Monday to grant certiorari before...
Topics
Docket Watch: State of Indiana v. Norfolk S. Ry. Co.
The Indiana Supreme Court unanimously held that Indiana’s blocked-crossing statute is expressly preempted by the...
Topics
Docket Watch: Colorado Oil & Gas Conservation Commission v. Martinez
Are concerns over climate change sufficient to prevent all new oil and gas development in...
2017 Civil Justice Update
Mark A. Behrens, Sarah Goggans
This paper reviews key civil justice issues and reforms in 2017. Part I focuses on...
Topics
Docket Watch: Biggs v. Betlach: Protecting Taxpayer Rights
The Supreme Court’s 2012 decision National Federation of Independent Business v. Sebelius held that the...
Murr v. Wisconsin - Post-Decision SCOTUScast
James S. Burling
On June 23, 2017, the Supreme Court decided Murr v. Wisconsin. In the 1960s the...
Lynch et al., v. California Coastal Commission
Larry Salzman
In Lynch et al., v. California Coastal Commission, the California Supreme Court this month raised a...
Topics
State Court Docket Watch: Lynch et al., v. California Coastal Commission
In Lynch et al., v. California Coastal Commission, the California Supreme Court this month raised...
Courthouse Steps: Murr v. Wisconsin Decided - Podcast
James S. Burling
On June 23, the Supreme Court issued its opinion in Murr v. Wisconsin. This is...
Courthouse Steps: California Public Employees’ Retirement System v. ANZ Securities - Podcast
Mark Chenoweth
On April 17, 2017, the Supreme Court heard oral argument in California Public Employees’ Retirement...