Investigative Counsel, U.S. House Committee on Education and the Workforce
Kent Talbert is a Washington, DC-based attorney with over 25 years’ experience in providing advice on education law and policy in Congress, the U.S. Department of Education, and the private sector. His practice includes legal and policy advice to colleges and universities, for-profit schools, accrediting agencies, the pre-K-12 sector, charter school organizations, trade associations, and education-focused companies, as well as service as an expert witness. He currently serves as Investigative Counsel, U.S. House Committee on Education and the Workforce.
Prior to establishing his firm, Mr. Talbert practiced at Talbert & Eitel, PLLC from 2010-2012. From 2006-2009 he served as General Counsel of the U.S. Department of Education, advising the Secretary of Education on a broad range of legal and policy matters, including the reauthorization of the Higher Education Act of 1965, the drafting and implementation of regulations under the No Child Left Behind Act of 2001, and major education law cases pending before the Supreme Court of the United States and other appellate and trial courts. During his tenure as General Counsel, Mr. Talbert served as the Chief Regulatory Officer for the Department, overseeing all documents for publication in the Federal Register.
He has provided legal and strategic advice on the No Child Left Behind Act of 2001, the Higher Education Opportunity Act of 2008, the Ensuring Continued Access to Student Loans Act of 2008, the Freedom of Information Act (FOIA), the Family Educational Rights and Privacy Act (FERPA), the Rehabilitation Act of 1973, the Americans With Disabilities Act, Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), Federal Student Aid program reviews, negotiated rulemaking, and accreditation.
Prior to his service as General Counsel, Mr. Talbert served as the Department's Deputy General Counsel for Departmental and Legislative Service from 2001-2006. Earlier in his career, Mr. Talbert served for over 12 years on House and Senate staff, both as Education Policy Counsel for the Committee on Education and the Workforce in the U.S. House of Representatives, and as a professional staff member of the Committee on Labor and Human Resources (now Committee on Health, Education, Labor, and Pensions) in the U.S. Senate.
Mr. Talbert is a member of the Bars of the District of Columbia and South Carolina, the Alliance of Public Charter School Attorneys, and the National Association of College and University Attorneys where he serves on the Committee on Legal Education. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Fourth Circuit, and all federal courts in South Carolina and Washington, DC.
Co-Founder and President, Defense of Freedom Institute
Bob is a co-founder and President of DFI. He previously served as Senior Counselor to the Secretary of Education from 2017 through 2020 and Deputy General Counsel of the U.S. Department of Education from 2005 until 2009.
During his most recent tenure at the Department, Bob served on the Secretary’s Leadership Team as a strategic and legal adviser on higher education, civil rights, and congressional oversight matters. As the Department’s Regulatory Reform Officer, he also supervised the implementation of the Secretary’s regulatory agenda and was an architect of the Secretary’s reforms concerning Title IX and the Higher Education Act. As Deputy General Counsel, Bob advised on a wide variety of regulatory, legislative, and oversight matters.
Prior to joining the Department in 2017, Bob was vice president for regulatory compliance matters for several postsecondary institutions and practiced education and employment law in Washington, D.C. Before coming to the Department in 2005, he practiced law in New Orleans, litigating commercial, employment, and bankruptcy cases in Louisiana, Texas, and Mississippi.
Bob earned his A.B. in History from Georgetown University, studied British government and international politics at the London School of Economics and Political Science, and received his law degree from Tulane University Law School. His articles have been published by National Review, Real Clear Education, Washington Examiner, and other media outlets. Fox News has featured his work.
Bob is a member of the District of Columbia and Louisiana Bars and the Federalist Society for Law and Public Policy Studies.
Director of the Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute
Daren Bakst is Director of the Competitive Enterprise Institute’s Center for Energy and Environment and a Senior Fellow. In this role, he manages, develops, and leads the coalition, advocacy, and research activities of the Center, which is one of the most effective advocates for Free Market Environmentalism.
Before joining CEI as Deputy Director in March, 2023, Daren was a Senior Research Fellow in Environmental Policy and Regulation at the Heritage Foundation, where he played a leading role in the launch of the organization’s new energy and environment center, and created and hosted the Heritage Foundation’s energy and environment podcast the “PowerCast.” During his decade at Heritage, Daren wrote about energy and environmental policy, food and agricultural policy (including editing and co-authoring the book Farms and Free Enterprise), regulation, and trade among other topics.
Daren also worked on environmental policy and regulation at the U.S. Chamber of Commerce, where he was a policy counsel and served as the executive to the association’s Government Oversight, Operations & Consumer Affairs committee, which was responsible for issues such as regulatory process reform. Daren has significant state level experience, working for seven years at the Raleigh, N.C.-based John Locke Foundation, one of the largest state-based, free-market think tanks. As director of legal and regulatory studies, his broad portfolio included energy and environmental policy, regulatory reform, and property rights.
Daren has testified numerous times before Congress, regularly submits comments to federal agencies and has appeared in or been quoted by a wide range of media outlets such as The Wall Street Journal, USA Today, The Washington Times, CNN, Fox Business News, Al-Jazeera America, and U.S. News and World Report. He is a member of the Federalist Society’s Environmental Law and Property Rights Executive Committee and serves on the College Level Advisory Board for Constituting America, an organization that informs and educates about the importance of the U.S. Constitution.
Daren, who hails from Florida, received his bachelor’s and master’s degrees from George Washington University. A licensed attorney, he holds a law degree from the University of Miami and a master of laws degree from American University.
Senior Fellow, Center for Energy and Environment, Competitive Enterprise Institute
Marlo Lewis, Jr. is a Senior Fellow at the Competitive Enterprise Institute, where he writes on global warming, energy policy, and other public policy issues. Prior to joining CEI in April 2002, he served as Director of External Relations at the Reason Foundation in Los Angeles, California. During the 106th Congress, Marlo served as Staff Director of the House Government Reform Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs.
His interests include the science, economics, and politics of global warming policy; the precautionary principle; environmentalism and religion; and the moral basis of free enterprise. Marlo has been published in The Washington Times, Investors Business Daily, TechCentralStation, National Review, and Interpretation: A Journal of Political Philosophy. He has appeared on various television and radio programs, and his ideas have been featured in radio commentary by Rush Limbaugh and G. Gordon Liddy.
Before joining CEI for his first tenure with the organization in 1993, Marlo served as Research Director for the grassroots organization, Citizens Against Government Waste. Earlier, he was a Staff Consultant to the House Foreign Affairs Subcommittee on International Economic Policy and Trade, a Special Assistant at the State Department Bureau of Inter-American Affairs and Bureau of International Organization Affairs, and a Visiting Assistant Professor of Political Science at Claremont McKenna College. He holds a Ph.D. in Government from Harvard University and a B.A. in Political Science from Claremont McKenna College.
Managing Attorney of the Washington Office, Institute for Justice
William R. Maurer is the Managing Attorney of the Washington state office of the Institute for Justice, which engages in litigation in the areas of economic liberty, private property rights, educational choice, & freedom of speech.
Maurer is an advocate against the criminalization of poverty and the governmental use of the criminal and civil enforcement systems to raise revenue. He was lead counsel in a class action challenging the use of tickets to raise revenue in the city of Pagedale, Missouri. The suit resulted in a federal consent decree that reformed the city’s ticketing and municipal court system. He regularly speaks, teaches, and writes about the abuse of fines and fees in the criminal justice system. He was a participant in summits on taxation by citation put on by the White House and Department of Justice during the Obama Administration. His work on the issue includes serving as an advisory board member of the Fines and Fees Justice Center.
In addition to his work on criminal and civil justice reform, Maurer is a First Amendment litigator. In 2011, he successfully argued before the U.S. Supreme Court that Arizona’s punitive campaign financing regime was unconstitutional. Before the Washington Supreme Court, he successfully argued against efforts to classify radio commentary as a contribution under the state’s campaign finance law.
His cases and advocacy have been covered in the Washington Post, the New York Times, the Economist, the Wall Street Journal, and other major media outlets.
Maurer was named a “Washington Superlawyer” by Washington Law & Politics Magazine for several years. He is a chapter author in numerous legal reference works and has written several articles for law reviews and legal publications across the country.
Prior to joining IJ-WA, Maurer clerked for Washington Supreme Court Justice Richard Sanders and then practiced law at Perkins Coie LLP. Maurer received his law degree in 1994 from the University of Wisconsin – Madison, where he was an editor of the Wisconsin Law Review. He received his BA from Bard College in 1989.
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, New England Legal Foundation
Born in New York City; educated in the New York City public schools, Columbia University and Yale Law School. Joined Ropes & Gray, LLP in Boston in 1984; became litigation partner in 1993; retired in 2004. Joined New England Legal Foundation as General Counsel in 2004 and selected as President in 2006.
Associate Justice, Supreme Court of the United States
Associate Justice Brett Kavanaugh was born in Washington, D.C., on February 12, 1965. He married Ashley Estes in 2004, and they have two daughters - Margaret and Liza. He received a B.A. from Yale College in 1987 and a J.D. from Yale Law School in 1990. He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term. In 1992-1993, he was an attorney in the Office of the Solicitor General of the United States. From 1994 to 1997 and for a period in 1998, he was Associate Counsel in the Office of Independent Counsel. He was a partner at a Washington, D.C., law firm from 1997 to 1998 and again from 1999 to 2001. From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush. From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.
Solicitor General, Kansas, and Professor of Law, University of Kansas School of Law
Stephen R. McAllister is a native Kansan who grew up in Lucas, Kansas and graduated from Lucas-Luray High School. Growing up, he also lived in Hiawatha and Chanute, Kansas. He received both his B.A. and his J.D. degrees from the University of Kansas.
Following his graduation from law school, Steve clerked for Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit in Chicago, and then for Justices Byron White and Clarence Thomas of the Supreme Court of the United States. After his clerkships Steve worked in the Washington, D.C. office of the Los Angeles law firm, Gibson, Dunn & Crutcher.
In 1993, Steve returned to his alma mater as a visiting professor of law. In 1999 he received tenure and promotion to the rank of full Professor. He served as Dean of the KU Law School from 2000 – 2005.
As a professor, Steve teaches constitutional law, constitutional litigation and torts. He won the Frederick J. Moreau Award for student advising in 1997, and a W.T. Kemper Award for excellence in teaching in 1999. As a scholar, Steve has written on a variety of constitutional topics, including affirmative action, capital punishment, federalism, and sex offender laws. Steve is an elected a Fellow of the American Bar Foundation and a Trustee of the Supreme Court Historical Society.
Steve also has appeared before the Supreme Court of the United States several times. From 1999 – 2003, he served as the first State Solicitor for Kansas, assisting the Kansas Attorney General’s office in state cases raising important constitutional issues. In both 2001 and 2002, Supreme Court briefs that Steve authored for the State of Kansas won Best Brief Prizes at the annual summer meeting of the National Association of Attorneys General.
From May 2006 until March 2007, Steve served as Legislative Counsel for Kansas, advising the legislature regarding legal issues. In that capacity, Steve participated in the Kansas school finance litigation in the Kansas Supreme Court, filing a brief on behalf of the Kansas Legislature and presenting oral argument on behalf of the State as a special assistant attorney general. Since May 2007, Steve has served as Solicitor General of Kansas in the office of the Kansas Attorney General, briefing and arguing important cases involving abortion, the death penalty, freedom of speech, and right to a jury trial.
Steve speaks regularly on a variety of constitutional topics, as well as judicial confirmation and the Supreme Court as an institution.
Clerk, Judge Richard Posner, U.S. Court of Appeals, 7th Circuit 1988-89; Clerk, Justice Byron White, U.S. Supreme Court 1989-91; Clerk, Justice Clarence Thomas, U.S. Supreme Court 1991-1992; Associate, Gibson, Dunn & Crutcher, DC, 1992-93; Visiting Associate Professor, Kansas 1993-95, Associate Professor, Kansas 1995-98, Professor since 1999; Associate Dean of Academic Affairs 1999-2000; Dean 2000-2005; Interim Director, Dole Institute of Politics 2003-04.
J.D. 1988, Kansas, Articles Editor, University of Kansas Law Review; B.A. 1985, Kansas
President and General Counsel, Public Interest Legal Foundation
J. Christian Adams is the President and General Counsel of the Public Interest Legal Foundation. He served from 2005 to 2010 in the Voting Section at the United States Department of Justice Voting Section. President Trump appointed Adams to the Presidential Advisory Commission on Election Integrity. President Trump also appointed Adams as a Commissioner to the United States Commission on Civil Rights where he also now serves with a term through 2025. He has been involved in election law lawsuits in 33 states and the territory of Guam. He has represented multiple presidential campaigns in election litigation. He has a law degree from the University of South Carolina School of Law. He is a member of the South Carolina and Virginia Bars.
The Road to a National Curriculum: The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers
Kent D. Talbert, Robert S. Eitel
Note from the Editor: This paper examines the U.S. Department of Education’s administration of the...
Defending Religious Liberty: Hosanna-Tabor and the Obama Administration
Dallas, TexasSeparation of Powers in the Bush & Obama Administrations
Key Provisions of the Regulatory Accountability Act
Daren Bakst
Brought to you by the Administrative Law & Regulation Practice Group The Federalist Society takes...
The New Black Panther Party and Voter Intimidation:
The Tampa Bay Lawyers Chapter
Tampa, FLAn Overview and Analysis of the Consumer Financial Protection Bureau
Overview The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”), signed into law...
EPA Regulation of Fuel Economy: Congressional Intent or Climate Coup?
Marlo Lewis
Note from the Editor:1 This paper assesses EPA’s rule setting standards for motor vehicle greenhouse...
Illuminating Citizens United: What the Decision Really Did
William R. Maurer
In January 2010, the U.S. Supreme Court issued one of its most controversial decisions in...
Rebuilding the Ark: New Perspectives on Endangered Species Act Reform, Edited by Jonathan H. Adler
James S. Burling
In 2005, Congressman Richard Pombo engineered the passage of the most sweeping reform of the...
Business Cases and the Roberts Supreme Court
Martin J. Newhouse
The statement that the Supreme Court under Chief Justice Roberts, and more specifically the Court...