Partner, Baker & Hostetler LLP
Richard Raile is a partner at Baker Hostetler, where he is a member of their Litigation team. He focuses his practice on appeals and major motions. He frequently plays the principal role in drafting briefs for clients and in delivering oral argument, including on dispositive motions, bench trials and appeals. He has represented parties and amici curiae at every level of the judiciary, from trial courts to merits litigation in the U.S. Supreme Court and state supreme courts.
His litigation experience runs the gamut of subject matters, including everything from commercial, civil rights, constitutional, campaign finance, voting rights, labor and bankruptcy law.
Professor of Law, Notre Dame Law School
Professor Samuel L. Bray joined the Notre Dame Law School faculty in 2018. Before coming to Notre Dame, he was an assistant professor of law at UCLA from 2011 to 2016, and a professor of law from 2016 to 2018. In addition, he was a Harrington Faculty Fellow at the University of Texas-Austin for the 2016-2017 academic year.
Bray is a graduate of the University of Chicago Law School, and he clerked for then-Judge Michael W. McConnell on the U.S. Court of Appeals for the Tenth Circuit. After clerking, he practiced law at Mayer Brown LLP, was an associate-in-law at Columbia Law School, and was executive director of the Constitutional Law Center at Stanford Law School.
Associate Attorney, Gibson Dunn
David Casazza is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. He practices in the firm’s Appellate and Constitutional Law, and Administrative Law and Regulatory Practice groups.
Mr. Casazza has represented clients in appellate and regulatory litigation before the Supreme Court of the United States, federal appellate courts, and federal district courts. These cases have involved a wide range of subjects including separation of powers, federal rulemaking challenges, data privacy protections, anti-terrorism claims and foreign sovereign immunity, energy infrastructure permitting, and a variety of First Amendment speech and religious liberty claims. He has also represented clients in complex litigation, obtaining dismissal with prejudice of consumer class actions attacking major brand names. He has been named by Best Lawyers as a 2021 and 2022 “One to Watch” in Appellate Practice.
He graduated magna cum laude from Harvard Law School, where he served as a Managing Editor for the Harvard Journal of Law and Public Policy and as Executive Vice President of the Harvard Federalist Society. Mr. Casazza received an A.B. magna cum laude in history from Princeton and an M.A. in history from the Johns Hopkins University.
Mr. Casazza served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and for Judge Jennifer Walker Elrod on the United States Court of Appeals for the Fifth Circuit.
He is a member of the bars of New York and the District of Columbia and is admitted to practice in the United States Courts of Appeals for the Third, Fourth, Fifth, and Ninth Circuits and in the United States District Court for the District of Columbia.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
Hugh and Hazel Darling Foundation Professor of Law; Director, Center for the Study of Constitutional Originalism, University of San Diego School of Law
Standing in Ohio – Preterm-Cleveland, Inc. v. Kasich
Preterm-Cleveland, Inc., v. Kasich,[1] establishes two important issues of Ohio constitutional law. First, a litigant...
Partisan Gerrymandering and Party Rights: Why Gill v. Whitford Undermines All Future Partisan-Gerrymandering Claims
Richard B. Raile
Note from the Editor: This article discusses the Supreme Court’s opinion in Gill v. Whitford...
National Injunctions: Judicial Authority in the Federal Courts [POLICYbrief]
Samuel L. Bray
Federal courts are issuing more national injunctions than ever before. Unlike regular injunctions, these injunctions...
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Liberty Month Revisited: Out of Control: Separation of Powers and Encroaching Delegations
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
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Liberty Month Revisited: Separation of Powers - A Primer
This month we are sharing a selection of pieces from The Federalist Society's Liberty Month...
Gill v. Whitford - Post-Decision SCOTUScast
David W. Casazza
On June 18, 2018, the Supreme Court decided Gill v. Whitford, a case considering claims...
The Supreme Court Tackles Patent Reform: Inter Partes Review Under the AIA Undermines the Structural Protections Offered by Article III Courts
Richard A. Epstein
Note from the Editor: This article criticizes Justice Clarence Thomas’ opinion in Oil States. It...
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AT&T/Time Warner Decision: The Triumph of Economic Analysis
On June 12, Judge Richard Leon of the District Court for the District of Columbia...
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Do Animals (or Humans Claiming to Represent Them) Have Constitutional Standing to File Federal Lawsuits? In the Ninth Circuit, the Answer Is Yes.
Do monkeys have the right to sue for copyright infringement? If the question strikes you...
Reforming Administrative Adjudication
Jenn L. Mascott, Michael B. Rappaport
Agencies formally adjudicate a massive number of federal cases with administrative law judges. This delegation...