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).
Partner, Benesch, Friedlander, Coplan & Aronoff LLP
Peter focuses his legal practice on representing management in employment-related litigation and in contract negotiations, NLRB proceedings, EEO matters and arbitration.
Peter Kirsanow is a partner with Benesch’s Labor & Employment Practice Group. He returned to Benesch in January 2008 after serving as a presidential appointee to the National Labor Relations Board (NLRB) in Washington D.C. for two years. While serving on the NLRB, he was involved with significant decisions including Oakwood Healthcare, Inc., Dana/Metaldyne and Oil Capital Sheet Metal, Inc. In addition, Peter testified before the Senate Judiciary Committee on the nominations of John Roberts, Samuel Alito, Sonia Sotomayor, Elena Kagan and Neil Gorsuch to the Supreme Court. He also continues to testify before and advise members of the U.S. Congress on employment law matters, most recently on November 18 before the House Subcommittee on Investigations and Oversight regarding disparate impact theory.
Peter was recently reappointed by the Majority Leader of the House of Representatives to his fourth consecutive six-year term on the U.S. Commission on Civil Rights. This is a part-time position which will expire in December 2025.
Recently, Peter and a team of Benesch attorneys served as lead counsel to the National Association of Manufacturers in litigation before the U.S. Circuit Court for the District of Columbia against the NLRB, challenging the Board’s Notice of Employer Rights Posting Rule. The court ruled in favor of Benesch’s client, striking down the NLRB’s Rule in its entirety. This ruling impacts over 6,000,000 employers nationwide which would have been subject to the posting requirement.
Additionally, Peter is past chair of the board of directors of the Center for New Black Leadership and is a member of Benesch’s Diversity & Inclusion Committee. This committee helps ensure that the firm promotes an environment in which differences are respected, employees are treated fairly, and individual skills and talents are valued.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights, University of North Carolina School of Law
Theodore M. Shaw is the Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights at the University of North Carolina School of Law at Chapel Hill. Professor Shaw teaches Civil Procedure and Advanced Constitutional Law/Fourteenth Amendment. Before joining the faculty of UNC Law School, from 2008-2014 Professor Shaw taught at Columbia University Law School, where he was Professor of Professional Practice. During that time he was also “Of Counsel” to the law firm of Norton Rose Fulbright (formerly Fulbright & Jaworski, LLP). His practice involved civil litigation and representation of institutional clients on matters concerning diversity and civil rights.
Professor Shaw was the fifth Director-Counsel and President of the NAACP Legal Defense and Educational Fund, Inc., for which he worked in various capacities over the span of twenty-six years. He has litigated education, employment, voting rights, housing, police misconduct, capital punishment and other civil rights cases in trial and appellate courts, and in the United States Supreme Court.From 1982 until 1987, he litigated education, housing, and capital punishment cases and directed LDF's education litigation docket. In 1987, under the direction of LDF's third Director-Counsel, Julius Chambers, Mr. Shaw relocated to Los Angeles to establish LDF's Western Regional Office. In 1990, Mr. Shaw left LDF to join the faculty of the University of Michigan Law School, where he taught Constitutional Law, Civil Procedure and Civil Rights. While at Michigan, he played a key role in initiating a review of the law school's admissions practices and policies, and served on the faculty committee that promulgated the admissions program that was upheld by the U.S. Supreme Court in 2003 in Grutter v. Bollinger.
In 1993, Mr. Shaw returned to LDF as Associate Director-Counsel, and in 2004, he became LDF's fifth Director-Counsel. Mr. Shaw's legal career began as a Trial Attorney in the Honors Program of the United States Department of Justice, Civil Rights Division in Washington, D.C., where he worked from 1979 until 1982.
Mr. Shaw has testified on numerous occasions before Congress and before state and local legislatures. His human rights work has taken him to Africa, Asia, Europe, and South America. In addition to teaching at Columbia and at Michigan Law School, Professor Shaw held the 1997-1998 Haywood Burns Chair at CUNY School of Law at Queens College and the 2003 Phyllis Beck Chair at Temple Law School. He was a visiting scholar at the Constitution Center in Philadelphia in 2008-2009. He is a member of the faculty of the Practicing Law Institute (PLI).
Mr. Shaw served on the Obama Transition Team after the 2008 presidential election, as team leader for the Civil Rights Division of the Justice Department.
National Affairs Columnist, National Review
John Fund is National Affairs Columnist for National Review magazine and a on-air analyst on the Fox News Channel. He is considered a notable expert on American politics and the nexus between politics and economics.
He previously served as a columnist and editorial board member for The Wall Street Journal. He is the author of several books, including Who's Counting: Bow Fraudsters and Bureaucrats Put Your Vote At Risk (Encounter Books, 2012); Stealing Elections: How Voter Fraud Threatens Our Democracy (Encounter Books, 2008) and The Dangers of Regulation Through Litigation (ATRA Press, 2008). He worked as a research analyst for the California Legislature in Sacramento before beginning his journalism career as a reporter for the syndicated columnists Rowland Evans and Robert Novak.
Roll Call, the newspaper of Capitol Hill, called him "the Tom Paine of the modern Congressional reform movement." He has won awards from the Institute for Justice, The School Choice Aliance and the Warren Brooks award for journalistic excellence from the American Legislative Exchange Council.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
National Affairs Columnist, National Review
John Fund is National Affairs Columnist for National Review magazine and a on-air analyst on the Fox News Channel. He is considered a notable expert on American politics and the nexus between politics and economics.
He previously served as a columnist and editorial board member for The Wall Street Journal. He is the author of several books, including Who's Counting: Bow Fraudsters and Bureaucrats Put Your Vote At Risk (Encounter Books, 2012); Stealing Elections: How Voter Fraud Threatens Our Democracy (Encounter Books, 2008) and The Dangers of Regulation Through Litigation (ATRA Press, 2008). He worked as a research analyst for the California Legislature in Sacramento before beginning his journalism career as a reporter for the syndicated columnists Rowland Evans and Robert Novak.
Roll Call, the newspaper of Capitol Hill, called him "the Tom Paine of the modern Congressional reform movement." He has won awards from the Institute for Justice, The School Choice Aliance and the Warren Brooks award for journalistic excellence from the American Legislative Exchange Council.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Shareholder and Director, GableGotwals
National Affairs Columnist, National Review
John Fund is National Affairs Columnist for National Review magazine and a on-air analyst on the Fox News Channel. He is considered a notable expert on American politics and the nexus between politics and economics.
He previously served as a columnist and editorial board member for The Wall Street Journal. He is the author of several books, including Who's Counting: Bow Fraudsters and Bureaucrats Put Your Vote At Risk (Encounter Books, 2012); Stealing Elections: How Voter Fraud Threatens Our Democracy (Encounter Books, 2008) and The Dangers of Regulation Through Litigation (ATRA Press, 2008). He worked as a research analyst for the California Legislature in Sacramento before beginning his journalism career as a reporter for the syndicated columnists Rowland Evans and Robert Novak.
Roll Call, the newspaper of Capitol Hill, called him "the Tom Paine of the modern Congressional reform movement." He has won awards from the Institute for Justice, The School Choice Aliance and the Warren Brooks award for journalistic excellence from the American Legislative Exchange Council.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
National Affairs Columnist, National Review
John Fund is National Affairs Columnist for National Review magazine and a on-air analyst on the Fox News Channel. He is considered a notable expert on American politics and the nexus between politics and economics.
He previously served as a columnist and editorial board member for The Wall Street Journal. He is the author of several books, including Who's Counting: Bow Fraudsters and Bureaucrats Put Your Vote At Risk (Encounter Books, 2012); Stealing Elections: How Voter Fraud Threatens Our Democracy (Encounter Books, 2008) and The Dangers of Regulation Through Litigation (ATRA Press, 2008). He worked as a research analyst for the California Legislature in Sacramento before beginning his journalism career as a reporter for the syndicated columnists Rowland Evans and Robert Novak.
Roll Call, the newspaper of Capitol Hill, called him "the Tom Paine of the modern Congressional reform movement." He has won awards from the Institute for Justice, The School Choice Aliance and the Warren Brooks award for journalistic excellence from the American Legislative Exchange Council.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
General Counsel, Prospera Group
Dranias serves as NeWay Capital LLC’s General Counsel, handling all corporate legal matters. Prior to this, he was Senior Litigation Counsel with the Government Accountability & Special Litigation Unit of the Arizona Attorney General. He also serves as Policy Advisor and Research Fellow with the Heartland Institute, as an expert and Speaker’s Bureau member with the Federalist Society, a Law and Civil Liberties Speaker for Students for Liberty, a Council of Scholars member with Compact for America Educational Foundation, as well as an Adjunct Instructor teaching Business Ethics and Law at Grand Canyon University.
Previously, Dranias served as President & Executive Director of Compact for America Educational Foundation where he led national efforts to organize the states to propose and ratify a federal Balanced Budget Amendment. Prior to that, Dranias was General Counsel, Policy Development Director and Constitutional Policy Director at the Goldwater Institute. Dranias led the Institute’s successful challenge to Arizona’s system of government campaign financing to the U.S. Supreme Court. Prior to that, he was an attorney with the Institute for Justice for three years and an attorney in private practice in Chicago for eight years, where he served as Young Lawyers Section co-editor of the Chicago Bar Association Record and earned the Oliver Wendell Holmes Award for his service.
Senior Executive Counsel, NFIB Small Business Legal Center
Elizabeth Milito serves as Senior Executive Counsel with the National Federation of Independent Business, a position she has held since March 2004. Ms. Milito came to NFIB from the U.S. Department of Veteran's Affairs where she defended the agency in employment and labor lawsuits and was responsible for training and counseling managers on fair employment and HR practices. She has an extensive background in tort, medical malpractice and employment law.
Prior to serving as an attorney at the Department of Veteran's Affairs, Ms. Milito worked as a trial attorney at Nationwide Insurance Company. At Nationwide, she completed over 100 trials to verdict. Ms. Milito was the editor of notes and comments for the Maryland Law Review at the University of Maryland School of Law where she earned her Juris Doctor degree in May of 1996. Following her education, she served as a clerk to the Honorable Alan M. Wilner on the Maryland Court of Appeals, the state's highest court.
Ms. Milito is responsible for managing litigation and amicus work for NFIB. She has testified before Congress, federal agencies, and state legislatures on the small business impact of labor and employment issues. She also comments and writes regularly on small business cases before federal and state courts. Ms. Milito frequently counsels businesses facing employment discrimination charges, wage and hour claims, wrongful termination lawsuits, and in most other areas of human resources law. She also provides and develops on-line and on-site training on a variety of employment law matters and is a frequent media spokesperson on employment and labor matters.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Research Professor, Regulatory Studies Center, The George Washington University
Brian Mannix is a Research Professor at George Washington University’s Regulatory Studies Center. From 2005 – 2009 he was the EPA’s Associate Administrator for Policy, Economics, and Innovation. Earlier he served as the Deputy Secretary of Natural Resources for the Commonwealth of Virginia. Brian was an economist at OIRA from 1981 – 1987, and then served as managing editor of Regulation magazine at the American Enterprise Institute.
Panel I: Disparate Impact and the Rule of Law: Does Disparate Impact Liability Make Everything Illegal?
Civil Rights in the United States
Washington, DCDo Sue and Settle Practices Undermine Congressional Intent for Cooperative Federalism on Environmental Matters?
David B. Rivkin, Adam Carl Doverspike
Note from the Editor: This article is about whether sue and settle practices undermine congressional...
Obama’s Enforcer: Eric Holder’s Justice Department
John Fund, Hans A. Von Spakovsky
From “Fast and Furious” to the unprecedented surveillance of journalists, Eric Holder’s Justice Department has...
Obama’s Enforcer: Eric Holder’s Justice Department
John Fund, Hans A. Von Spakovsky
From “Fast and Furious” to the unprecedented surveillance of journalists, Eric Holder’s Justice Department has...
Introducing “Article V 2.0”: The Compact for a Balanced Budget
Nicholas C. Dranias
This article discusses the use of interstate compacts to advance Article V amendments to the U.S....
Obama’s Enforcer: Eric Holder’s Justice Department
Las Vegas Lawyers Chapter
Las Vegas, NV2014 ABA Awards
2014 ABA AWARD RECEPIENTS ABA Medal The American Bar Association awards its highest honor, the...
Asserting Influence and Power in the 21st Century: The NLRB Focuses on Assisting Non-Union Employees
Elizabeth Milito
Note from the Editor: This article is a discussion about the National Labor Relations Board’s relationship...
The Social Cost of Carbon
Susan E. Dudley, Brian F. Mannix
In May 2013, the White House released a revised Technical Support Document (TSD) with a...
Obama’s Enforcer: Eric Holder’s Justice Department
Sacramento, California