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.
Of Counsel, Shook Hardy & Bacon LLP
Chris’ public policy work focuses on tort law and civil justice system reform. His work is generally divided among legislative efforts, appellate litigation, and liability counseling. Chris has drafted model legislation to be introduced on the state and federal level, testified on numerous legislative initiatives, and authored amicus briefs to state supreme courts and federal appellate courts, including the U.S. Supreme Court. He also serves as an adviser to various business groups and trade associations interested in tort liability issues and civil justice system reform.
In addition, Chris is an elected member of the American Law Institute (ALI), and has assisted in the development of a variety of ALI projects implicating liability law. He has also been a recurrent guest lecturer at the U.S. Department of Justice and Wake Forest University School of Law, as well as a speaker at numerous legal conferences and industry group meetings, on issues related to tort law. Chris has additionally produced significant scholarship in the area of liability law. He has authored more than 50 legal publications on a wide range of liability issues, including articles in the Harvard Journal of Law & Public Policy, UPenn Journal of Business Law, and Duke Journal of Constitutional Law & Public Policy, and has served as a contributor to tort casebooks.
Albert A. Walsh Chair in Real Estate, Land Use, and Property Law; Faculty Director, Urban Law Center, Fordham Law School
Nestor Davidson joined Fordham in 2011 and was named the Albert A. Walsh Professor of Real Estate, Land Use and Property Law in 2017. Professor Davidson is an expert in property, urban law, and affordable housing law and policy, and is the co-author of the casebook Property Law: Rules, Policies and Practices (7th ed. 2017). Professor Davidson founded and serves as the faculty director of the law school’s Urban Law Center and previously served as Associate Dean for Academic Affairs.
Professor Davidson practiced with the firm of Latham and Watkins, focusing on commercial real estate and affordable housing, and served as Special Counsel and Principal Deputy General Counsel at the U.S. Department of Housing and Urban Development. He currently serves as a Member of the Board of the New York State Housing Finance Agency.
Professor Davidson earned his AB from Harvard College and his JD from Columbia Law School. After law school, he clerked for Judge David S. Tatel of the United States Court of Appeals for the District of Columbia Circuit and Justice David H. Souter of the Supreme Court of the United States.
Professor of Law and Jamie L. Whitten Chair in Law and Government, University of Mississippi School of Law
Christopher Green (https://law.olemiss.edu/faculty-directory/christopher-green/) is Professor of Law and Jamie L. Whitten Chair in Law and Government at the University of Mississippi, where he has taught since 2006. He is a graduate of Princeton University and Yale Law School, and has a PhD in philosophy from the University of Notre Dame. He clerked for Judge Rhesa H. Barksdale on the Fifth Circuit and is the author of Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause (2015) and a large number of articles and essays on constitutional theory and the Fourteenth Amendment, including the two-part Original Sense of the (Equal) Protection Clause and Clarity and Reasonable Doubt in Early State-Constitutional Judicial Review. He is an affiliated scholar with the University of San Diego Center for the Study of Constitutional Originalism.
U.S. Court of Appeals, Seventh Circuit
Born 1971 in Fort Wayne, IN
Federal Judicial Service:
Judge, U.S. Court of Appeals for the Seventh Circuit
Nominated by Donald J. Trump on February 15, 2018, to a seat vacated by Richard Allen Posner. Confirmed by the Senate on May 14, 2018, and received commission on May 21, 2018.
Education:
St. Joseph’s College, Rensselaer, Indiana, B.B.A., 1993
Northwestern University School of Law, J.D., 1998
Professional Career:
Law clerk, Hon. Paul V. Niemeyer, U.S. Court of Appeals for the Fourth Circuit, 1998-1999
Law clerk, Hon. Anthony M. Kennedy, Supreme Court of the United States, 1999-2000
Private practice, Cleveland, Ohio, 2000-2002
Assistant U.S. attorney, Southern District of New York, 2002-2006
Counselor to the deputy attorney general, U.S. Department of Justice, 2006
Associate counsel, President George W. Bush, 2007
General counsel, National Security Council, and senior associate counsel, President George W. Bush, 2007-2009
Private practice, Chicago, Illinois, 2009-2018
Professor of Law, University of Wisconsin School of Law
Miriam Seifter's research and teaching interests include administrative law, federalism, state and local government law, energy law, and property law. Her recent work focuses on executive power and the separation of powers at the state level, and on the role of states and interest groups in the federal regulatory process. Her publications appear or are forthcoming in the Harvard Law Review, the NYU Law Review, the UCLA Law Review, and the Virginia Law Review, among others. In 2017, UW Law students honored Professor Seifter with the Classroom Teacher of the Year Award, and in 2018, she received one of twelve Distinguished Teaching Awards from the University of Wisconsin-Madison. For her article Gubernatorial Administration, Seifter was named the 2017 winner of the American Constitution Society's Richard D. Cudahy Writing Competition on Regulatory and Administrative Law.
Professor Seifter received a B.A. magna cum laude from Yale University, an M.Sc. with distinction from Oxford University, and a J.D. magna cum laude from Harvard Law School, where she was the Environmental Fellow and an Articles Editor on the Harvard Law Review. After law school, she served as a law clerk for Chief Judge Merrick Garland on the D.C. Circuit and for Justice Ruth Bader Ginsburg at the Supreme Court of the United States. Prior to joining the UW Law faculty, she was a Visiting Researcher and Adjunct Professor of Law at Georgetown University Law Center and worked in private practice at Munger, Tolles & Olson LLP in San Francisco.
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.
Albert A. Walsh Chair in Real Estate, Land Use, and Property Law; Faculty Director, Urban Law Center, Fordham Law School
Nestor Davidson joined Fordham in 2011 and was named the Albert A. Walsh Professor of Real Estate, Land Use and Property Law in 2017. Professor Davidson is an expert in property, urban law, and affordable housing law and policy, and is the co-author of the casebook Property Law: Rules, Policies and Practices (7th ed. 2017). Professor Davidson founded and serves as the faculty director of the law school’s Urban Law Center and previously served as Associate Dean for Academic Affairs.
Professor Davidson practiced with the firm of Latham and Watkins, focusing on commercial real estate and affordable housing, and served as Special Counsel and Principal Deputy General Counsel at the U.S. Department of Housing and Urban Development. He currently serves as a Member of the Board of the New York State Housing Finance Agency.
Professor Davidson earned his AB from Harvard College and his JD from Columbia Law School. After law school, he clerked for Judge David S. Tatel of the United States Court of Appeals for the District of Columbia Circuit and Justice David H. Souter of the Supreme Court of the United States.
Professor of Law and Jamie L. Whitten Chair in Law and Government, University of Mississippi School of Law
Christopher Green (https://law.olemiss.edu/faculty-directory/christopher-green/) is Professor of Law and Jamie L. Whitten Chair in Law and Government at the University of Mississippi, where he has taught since 2006. He is a graduate of Princeton University and Yale Law School, and has a PhD in philosophy from the University of Notre Dame. He clerked for Judge Rhesa H. Barksdale on the Fifth Circuit and is the author of Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause (2015) and a large number of articles and essays on constitutional theory and the Fourteenth Amendment, including the two-part Original Sense of the (Equal) Protection Clause and Clarity and Reasonable Doubt in Early State-Constitutional Judicial Review. He is an affiliated scholar with the University of San Diego Center for the Study of Constitutional Originalism.
U.S. Court of Appeals, Seventh Circuit
Born 1971 in Fort Wayne, IN
Federal Judicial Service:
Judge, U.S. Court of Appeals for the Seventh Circuit
Nominated by Donald J. Trump on February 15, 2018, to a seat vacated by Richard Allen Posner. Confirmed by the Senate on May 14, 2018, and received commission on May 21, 2018.
Education:
St. Joseph’s College, Rensselaer, Indiana, B.B.A., 1993
Northwestern University School of Law, J.D., 1998
Professional Career:
Law clerk, Hon. Paul V. Niemeyer, U.S. Court of Appeals for the Fourth Circuit, 1998-1999
Law clerk, Hon. Anthony M. Kennedy, Supreme Court of the United States, 1999-2000
Private practice, Cleveland, Ohio, 2000-2002
Assistant U.S. attorney, Southern District of New York, 2002-2006
Counselor to the deputy attorney general, U.S. Department of Justice, 2006
Associate counsel, President George W. Bush, 2007
General counsel, National Security Council, and senior associate counsel, President George W. Bush, 2007-2009
Private practice, Chicago, Illinois, 2009-2018
Professor of Law, University of Wisconsin School of Law
Miriam Seifter's research and teaching interests include administrative law, federalism, state and local government law, energy law, and property law. Her recent work focuses on executive power and the separation of powers at the state level, and on the role of states and interest groups in the federal regulatory process. Her publications appear or are forthcoming in the Harvard Law Review, the NYU Law Review, the UCLA Law Review, and the Virginia Law Review, among others. In 2017, UW Law students honored Professor Seifter with the Classroom Teacher of the Year Award, and in 2018, she received one of twelve Distinguished Teaching Awards from the University of Wisconsin-Madison. For her article Gubernatorial Administration, Seifter was named the 2017 winner of the American Constitution Society's Richard D. Cudahy Writing Competition on Regulatory and Administrative Law.
Professor Seifter received a B.A. magna cum laude from Yale University, an M.Sc. with distinction from Oxford University, and a J.D. magna cum laude from Harvard Law School, where she was the Environmental Fellow and an Articles Editor on the Harvard Law Review. After law school, she served as a law clerk for Chief Judge Merrick Garland on the D.C. Circuit and for Justice Ruth Bader Ginsburg at the Supreme Court of the United States. Prior to joining the UW Law faculty, she was a Visiting Researcher and Adjunct Professor of Law at Georgetown University Law Center and worked in private practice at Munger, Tolles & Olson LLP in San Francisco.
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.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Albert A. Walsh Chair in Real Estate, Land Use, and Property Law; Faculty Director, Urban Law Center, Fordham Law School
Nestor Davidson joined Fordham in 2011 and was named the Albert A. Walsh Professor of Real Estate, Land Use and Property Law in 2017. Professor Davidson is an expert in property, urban law, and affordable housing law and policy, and is the co-author of the casebook Property Law: Rules, Policies and Practices (7th ed. 2017). Professor Davidson founded and serves as the faculty director of the law school’s Urban Law Center and previously served as Associate Dean for Academic Affairs.
Professor Davidson practiced with the firm of Latham and Watkins, focusing on commercial real estate and affordable housing, and served as Special Counsel and Principal Deputy General Counsel at the U.S. Department of Housing and Urban Development. He currently serves as a Member of the Board of the New York State Housing Finance Agency.
Professor Davidson earned his AB from Harvard College and his JD from Columbia Law School. After law school, he clerked for Judge David S. Tatel of the United States Court of Appeals for the District of Columbia Circuit and Justice David H. Souter of the Supreme Court of the United States.
Professor of Law and Jamie L. Whitten Chair in Law and Government, University of Mississippi School of Law
Christopher Green (https://law.olemiss.edu/faculty-directory/christopher-green/) is Professor of Law and Jamie L. Whitten Chair in Law and Government at the University of Mississippi, where he has taught since 2006. He is a graduate of Princeton University and Yale Law School, and has a PhD in philosophy from the University of Notre Dame. He clerked for Judge Rhesa H. Barksdale on the Fifth Circuit and is the author of Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause (2015) and a large number of articles and essays on constitutional theory and the Fourteenth Amendment, including the two-part Original Sense of the (Equal) Protection Clause and Clarity and Reasonable Doubt in Early State-Constitutional Judicial Review. He is an affiliated scholar with the University of San Diego Center for the Study of Constitutional Originalism.
U.S. Court of Appeals, Seventh Circuit
Born 1971 in Fort Wayne, IN
Federal Judicial Service:
Judge, U.S. Court of Appeals for the Seventh Circuit
Nominated by Donald J. Trump on February 15, 2018, to a seat vacated by Richard Allen Posner. Confirmed by the Senate on May 14, 2018, and received commission on May 21, 2018.
Education:
St. Joseph’s College, Rensselaer, Indiana, B.B.A., 1993
Northwestern University School of Law, J.D., 1998
Professional Career:
Law clerk, Hon. Paul V. Niemeyer, U.S. Court of Appeals for the Fourth Circuit, 1998-1999
Law clerk, Hon. Anthony M. Kennedy, Supreme Court of the United States, 1999-2000
Private practice, Cleveland, Ohio, 2000-2002
Assistant U.S. attorney, Southern District of New York, 2002-2006
Counselor to the deputy attorney general, U.S. Department of Justice, 2006
Associate counsel, President George W. Bush, 2007
General counsel, National Security Council, and senior associate counsel, President George W. Bush, 2007-2009
Private practice, Chicago, Illinois, 2009-2018
Professor of Law, University of Wisconsin School of Law
Miriam Seifter's research and teaching interests include administrative law, federalism, state and local government law, energy law, and property law. Her recent work focuses on executive power and the separation of powers at the state level, and on the role of states and interest groups in the federal regulatory process. Her publications appear or are forthcoming in the Harvard Law Review, the NYU Law Review, the UCLA Law Review, and the Virginia Law Review, among others. In 2017, UW Law students honored Professor Seifter with the Classroom Teacher of the Year Award, and in 2018, she received one of twelve Distinguished Teaching Awards from the University of Wisconsin-Madison. For her article Gubernatorial Administration, Seifter was named the 2017 winner of the American Constitution Society's Richard D. Cudahy Writing Competition on Regulatory and Administrative Law.
Professor Seifter received a B.A. magna cum laude from Yale University, an M.Sc. with distinction from Oxford University, and a J.D. magna cum laude from Harvard Law School, where she was the Environmental Fellow and an Articles Editor on the Harvard Law Review. After law school, she served as a law clerk for Chief Judge Merrick Garland on the D.C. Circuit and for Justice Ruth Bader Ginsburg at the Supreme Court of the United States. Prior to joining the UW Law faculty, she was a Visiting Researcher and Adjunct Professor of Law at Georgetown University Law Center and worked in private practice at Munger, Tolles & Olson LLP in San Francisco.
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.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
2018 Civil Justice Update
Mark A. Behrens, Christopher Appel
Note from the Editor: The Federalist Society takes seriously its responsibility as a non-partisan institution...
Showcase Panel III: The States & Administrative Law
2018 National Lawyers Convention
Washington, DCShowcase Panel III: The States & Administrative Law
Nestor Davidson, Christopher R. Green, Michael Scudder, Miriam Seifter, Jeffrey S. Sutton
We live in a system where regulators make the rules, investigate alleged violations of the...
Showcase Panel III: The States & Administrative Law
Nestor Davidson, Christopher R. Green, Michael Scudder, Miriam Seifter, Jeffrey S. Sutton
We live in a system where regulators make the rules, investigate alleged violations of the...
Will We Soon Have Clarity on Navigable Waters?: How the Supreme Court’s October 2017 Term Set the Stage
Tony Francois
Note from the Editor: This article discusses the longstanding legal battle over the meaning of...
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Florida Voters Join Chevron Revolt And Strike A Blow Against Judicial Bias
What has already been a very good year for Chevron reform just got even better....
2018 Election Review on November 8
Phoenix Lawyers Chapter
Phoenix, AZEthics CLE Teleforum 2018: New Issue in Legal Ethics, ABA Model Rule 8.4(g)
Josh Blackman
Professional Responsibility & Legal Education Practice Group Teleforum CLE not offered if Teleforum listened to...
Ethics CLE Teleforum 2018: New Issue in Legal Ethics, ABA Model Rule 8.4(g)
Professional Responsibilities and Legal Education Practice Group
TeleforumTopics
Why Maine Should Not Adopt Proposed Rule 8.4(g): Maine Supreme Judicial Court To Hold Public Hearing This Tuesday
On Tuesday, October 23, the Maine Supreme Judicial Court will hold a public hearing on...