Director, Center for Education Policy and Mark A. Kolokotrones Fellow in Education, The Heritage Foundation
As director of the Center for Education Policy at The Heritage Foundation, Lindsey Burke oversees Heritage’s research and policy on issues pertaining to preschool, K-12, and higher education reform. Burke’s research has been presented at academic conferences and published in peer-reviewed journals including Social Science Quarterly, Educational Research and Evaluation, and the Journal of School Choice, and her commentary and op-eds have appeared in numerous magazines and newspapers. She is a frequent guest on radio and television shows and speaks on education reform issues across the country and internationally. She has published evaluations of education choice options for public policy foundations across the country and has done extensive work shaping and evaluating education savings accounts (ESAs).
In 2021, Burke was tapped to join Governor-elect Glenn Youngkin’s transition steering committee and was also appointed to serve on the Youngkin landing team for education. Burke was also appointed by Governor Youngkin to serve on the Board of Visitors for George Mason University. Her term runs from July 1, 2022 to June 30, 2026.
Burke also serves as a fellow at EdChoice, the namesake foundation of Milton and Rose Friedman, on the national advisory board of Learn4Life, a network of public charter schools serving “opportunity youth,” on the board of the Educational Freedom Institute, on the advisory board of the Independent Women’s Forum’s Education Freedom Center, and as a Trustee of Choice Media.
In 2015, Burke won Heritage’s prestigious W. Glenn and Rita Ricardo Campbell Award in recognition of her work fighting for expanded education choice options. The award is given annually to a policy expert who has made “an outstanding contribution to the analysis and promotion of a free society.”
Burke holds a bachelor's degree in politics from Hollins University in Roanoke, VA, and a master of teaching degree in foreign language education from the University of Virginia. She earned her Ph.D. in education policy from George Mason University, where she examined the intersection of education choice and institutional theory.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Former Assistant Secretary for Civil Rights, U.S. Department of Education; Former Chair, U.S. Commission on Civil Rights
Catherine E. Lhamon served as Assistant Secretary of Education for Civil Rights from November 17, 2021 to January 20, 2025. Before that, she served as the Chair of the U.S. Commission on Civil Rights. President Obama appointed Lhamon to a six-year term on the Commission on December 15, 2016, and the Commission unanimously confirmed the President’s designation of Lhamon to chair the Commission on December 28, 2016. Lhamon also serves in the cabinet of California Governor Gavin Newsom, where she has been Legal Affairs Secretary since January 2019. Lhamon previously litigated civil rights cases at the National Center for Youth Law.
Before coming to the Commission, Lhamon served as the Assistant Secretary for Civil Rights at the U.S. Department of Education until January 2017. President Obama nominated her to the Assistant Secretary for Civil Rights position on June 10, 2013, and she was unanimously confirmed by the U.S. Senate on August 1, 2013. Immediately prior to joining the Department of Education, Lhamon was director of impact litigation at Public Counsel, the nation’s largest pro bono law firm. Before that, she practiced for a decade at the ACLU of Southern California, ultimately as assistant legal director.
Earlier in her career, Lhamon was a teaching fellow and supervising attorney in the Appellate Litigation Program at Georgetown University Law Center, after clerking for The Honorable William A. Norris on the United States Court of Appeals for the Ninth Circuit. In 2016, Politico Magazine named Lhamon one of Politico 50 Thinkers Transforming Politics and the National Action Network honored Lhamon with their Action & Authority Award. In 2015, Yale Law School named Lhamon their Gruber Distinguished Lecturer and the Association of University Centers on Disabilities awarded Lhamon their Special Recognition Award. Chronicle of Higher Education named Lhamon to their 2014 Influence List as the Enforcer. The Daily Journal listed her as one of California’s Top Women Litigators in 2010 and 2007, and as one of the Top 20 California Lawyers Under 40 in 2007. In 2004, California Lawyer magazine named Lhamon Attorney of the Year for Civil Rights.
Lhamon received her J.D. from Yale Law School, where she was the Outstanding Woman Law Graduate, and she graduated summa cum laude from Amherst College.
Thomas P. O’Neill, Jr. Professor of American Politics, Boston College; Co-Chair , Harvard Program on Constitutional Government
R. Shep Melnick is the Thomas P. O’Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government. He is the author of The Crucible of Desegregation: The Uncertain Search for Educational Equality (Univeristy of Chicago Press, 2023); The Transformation of Title IX: Regulating Gender Equality in Education, (Brookings, 2018), Between the Lines: Interpreting Welfare Rights (Brookings,1994), and Regulation and the Courts: The Case of the Clean Air Act (Brookings, 1983), as well as many articles on courts, agencies, and public policy. He is currently completing a book on education and the civil rights state. In 2012 he received the American Political Science Association Law and Courts Section’s “Lasting Contribution” award. He received his BA and PhD from Harvard, and taught at Harvard and Brandeis before moving to Boston College. He has also been a Research Associate at Brookings, President of the New England Political Science Association, and an elected member of the NH House of Representatives.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Professor of History, Georgia Southern University
Johnathan O'Neill is Professor of History at Georgia Southern University. Professor O’Neill is the author of Originalism in American Law and Politics: A Constitutional History (2005) and Conservative Thought and American Constitutionalism Since the New Deal (2023).
Shareholder, Greenberg Traurig LLP
Troy A. Eid focuses his litigation, mediation and transactional practice on government enforcement, investigations and compliance, environmental law, energy and natural resource development, and Federal Indian law and Native American and Alaska Native tribal law. Troy is a trusted advocate and mediator in the Rocky Mountain West and in federal, state and tribal trial and appellate courtrooms across the country.
Director, Project for International Religious Liberty, Hudson Institute
Michael J. Horowitz is director of Hudson Institute's Project for Civil Justice Reform and Project for International Religious Liberty. He served as general counsel for the Office of Management and Budget (OMB) under the Reagan Administration, and has taught law at the University of Mississippi and Georgetown. He has also practiced private law as a partner at national law firms. Horowitz joined Hudson Institute as a Senior Fellow where he has put together left-right coalitions on a wide variety of foreign and domestic issues. He has written frequently and is regularly called to testify and consult with Congress.
United States Court of Appeals, Fourth Circuit
James Harvie Wilkinson III is an Article III federal judge on the United States Court of Appeals for the Fourth Circuit. He joined the Court in 1984 after being nominated by President Ronald Reagan.
Born in New York City, New York, Wilkinson graduated from Yale University with his Bachelor's degree in 1967. Wilkinson served in the United States Army from 1968 to 1969 and received his Juris Doctor degree from the University of Virginia School of Law in 1972.
On the recommendation of Virginia U.S. Senator John Warner, Wilkinson was nominated to the United States Court of Appeals for the Fourth Circuit by President Ronald Reagan on January 30, 1984 to a seat vacated by John Butzner, Jr.,. Wilkinson was confirmed by the Senate on August 9, 1984 on a Senate vote and received commission on August 13, 1984. Wilkinson served as the Chief Judge of the Court from 1996 to 2003.
Shareholder, Greenberg Traurig LLP
Troy A. Eid focuses his litigation, mediation and transactional practice on government enforcement, investigations and compliance, environmental law, energy and natural resource development, and Federal Indian law and Native American and Alaska Native tribal law. Troy is a trusted advocate and mediator in the Rocky Mountain West and in federal, state and tribal trial and appellate courtrooms across the country.
Director, Project for International Religious Liberty, Hudson Institute
Michael J. Horowitz is director of Hudson Institute's Project for Civil Justice Reform and Project for International Religious Liberty. He served as general counsel for the Office of Management and Budget (OMB) under the Reagan Administration, and has taught law at the University of Mississippi and Georgetown. He has also practiced private law as a partner at national law firms. Horowitz joined Hudson Institute as a Senior Fellow where he has put together left-right coalitions on a wide variety of foreign and domestic issues. He has written frequently and is regularly called to testify and consult with Congress.
United States Court of Appeals, Fourth Circuit
James Harvie Wilkinson III is an Article III federal judge on the United States Court of Appeals for the Fourth Circuit. He joined the Court in 1984 after being nominated by President Ronald Reagan.
Born in New York City, New York, Wilkinson graduated from Yale University with his Bachelor's degree in 1967. Wilkinson served in the United States Army from 1968 to 1969 and received his Juris Doctor degree from the University of Virginia School of Law in 1972.
On the recommendation of Virginia U.S. Senator John Warner, Wilkinson was nominated to the United States Court of Appeals for the Fourth Circuit by President Ronald Reagan on January 30, 1984 to a seat vacated by John Butzner, Jr.,. Wilkinson was confirmed by the Senate on August 9, 1984 on a Senate vote and received commission on August 13, 1984. Wilkinson served as the Chief Judge of the Court from 1996 to 2003.
Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary, Walmart Inc.
Rachel Brand is Walmart’s executive vice president of global governance, chief legal officer, and corporate secretary. She oversees the company’s global legal, compliance, ethics, corporate governance, digital citizenship, aviation, investigative, and corporate security functions, including Walmart’s Emergency Operations Center.
Immediately before joining Walmart, Rachel served as the United States Associate Attorney General and holds the distinction of being the first woman to serve in this role. She had previously served in the U.S. Department of Justice as the Assistant Attorney General for the Office of Legal Policy during President George W. Bush’s administration. Her other government service includes an appointment by President Obama to serve as a Member of the U.S. Privacy and Civil Liberties Oversight Board, service as an Associate Counsel to the President at the White House, and judicial clerkships with Justice Charles Fried of the Supreme Judicial Court of Massachusetts and Justice Anthony Kennedy at the Supreme Court of the United States. In the private sector, Rachel was a lawyer in private practice at two law firms in Washington, D.C. and served as the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce Litigation Center.
Rachel serves on the board of directors for the Walmart Foundation and is the executive sponsor for Walmart’s Tribal Voices Associate Resource Group. Outside of Walmart, she serves on the board of directors for the International Justice Mission and is a member of The American Law Institute.
Rachel earned her Bachelor of Arts degree from the University of Minnesota-Morris and her J.D. from Harvard Law School.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
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.
Thomas P. O’Neill, Jr. Professor of American Politics, Boston College; Co-Chair , Harvard Program on Constitutional Government
R. Shep Melnick is the Thomas P. O’Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government. He is the author of The Crucible of Desegregation: The Uncertain Search for Educational Equality (Univeristy of Chicago Press, 2023); The Transformation of Title IX: Regulating Gender Equality in Education, (Brookings, 2018), Between the Lines: Interpreting Welfare Rights (Brookings,1994), and Regulation and the Courts: The Case of the Clean Air Act (Brookings, 1983), as well as many articles on courts, agencies, and public policy. He is currently completing a book on education and the civil rights state. In 2012 he received the American Political Science Association Law and Courts Section’s “Lasting Contribution” award. He received his BA and PhD from Harvard, and taught at Harvard and Brandeis before moving to Boston College. He has also been a Research Associate at Brookings, President of the New England Political Science Association, and an elected member of the NH House of Representatives.
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.
Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary, Walmart Inc.
Rachel Brand is Walmart’s executive vice president of global governance, chief legal officer, and corporate secretary. She oversees the company’s global legal, compliance, ethics, corporate governance, digital citizenship, aviation, investigative, and corporate security functions, including Walmart’s Emergency Operations Center.
Immediately before joining Walmart, Rachel served as the United States Associate Attorney General and holds the distinction of being the first woman to serve in this role. She had previously served in the U.S. Department of Justice as the Assistant Attorney General for the Office of Legal Policy during President George W. Bush’s administration. Her other government service includes an appointment by President Obama to serve as a Member of the U.S. Privacy and Civil Liberties Oversight Board, service as an Associate Counsel to the President at the White House, and judicial clerkships with Justice Charles Fried of the Supreme Judicial Court of Massachusetts and Justice Anthony Kennedy at the Supreme Court of the United States. In the private sector, Rachel was a lawyer in private practice at two law firms in Washington, D.C. and served as the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce Litigation Center.
Rachel serves on the board of directors for the Walmart Foundation and is the executive sponsor for Walmart’s Tribal Voices Associate Resource Group. Outside of Walmart, she serves on the board of directors for the International Justice Mission and is a member of The American Law Institute.
Rachel earned her Bachelor of Arts degree from the University of Minnesota-Morris and her J.D. from Harvard Law School.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
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.
Thomas P. O’Neill, Jr. Professor of American Politics, Boston College; Co-Chair , Harvard Program on Constitutional Government
R. Shep Melnick is the Thomas P. O’Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government. He is the author of The Crucible of Desegregation: The Uncertain Search for Educational Equality (Univeristy of Chicago Press, 2023); The Transformation of Title IX: Regulating Gender Equality in Education, (Brookings, 2018), Between the Lines: Interpreting Welfare Rights (Brookings,1994), and Regulation and the Courts: The Case of the Clean Air Act (Brookings, 1983), as well as many articles on courts, agencies, and public policy. He is currently completing a book on education and the civil rights state. In 2012 he received the American Political Science Association Law and Courts Section’s “Lasting Contribution” award. He received his BA and PhD from Harvard, and taught at Harvard and Brandeis before moving to Boston College. He has also been a Research Associate at Brookings, President of the New England Political Science Association, and an elected member of the NH House of Representatives.
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.
Director, Center for Education Policy and Mark A. Kolokotrones Fellow in Education, The Heritage Foundation
As director of the Center for Education Policy at The Heritage Foundation, Lindsey Burke oversees Heritage’s research and policy on issues pertaining to preschool, K-12, and higher education reform. Burke’s research has been presented at academic conferences and published in peer-reviewed journals including Social Science Quarterly, Educational Research and Evaluation, and the Journal of School Choice, and her commentary and op-eds have appeared in numerous magazines and newspapers. She is a frequent guest on radio and television shows and speaks on education reform issues across the country and internationally. She has published evaluations of education choice options for public policy foundations across the country and has done extensive work shaping and evaluating education savings accounts (ESAs).
In 2021, Burke was tapped to join Governor-elect Glenn Youngkin’s transition steering committee and was also appointed to serve on the Youngkin landing team for education. Burke was also appointed by Governor Youngkin to serve on the Board of Visitors for George Mason University. Her term runs from July 1, 2022 to June 30, 2026.
Burke also serves as a fellow at EdChoice, the namesake foundation of Milton and Rose Friedman, on the national advisory board of Learn4Life, a network of public charter schools serving “opportunity youth,” on the board of the Educational Freedom Institute, on the advisory board of the Independent Women’s Forum’s Education Freedom Center, and as a Trustee of Choice Media.
In 2015, Burke won Heritage’s prestigious W. Glenn and Rita Ricardo Campbell Award in recognition of her work fighting for expanded education choice options. The award is given annually to a policy expert who has made “an outstanding contribution to the analysis and promotion of a free society.”
Burke holds a bachelor's degree in politics from Hollins University in Roanoke, VA, and a master of teaching degree in foreign language education from the University of Virginia. She earned her Ph.D. in education policy from George Mason University, where she examined the intersection of education choice and institutional theory.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Former Assistant Secretary for Civil Rights, U.S. Department of Education; Former Chair, U.S. Commission on Civil Rights
Catherine E. Lhamon served as Assistant Secretary of Education for Civil Rights from November 17, 2021 to January 20, 2025. Before that, she served as the Chair of the U.S. Commission on Civil Rights. President Obama appointed Lhamon to a six-year term on the Commission on December 15, 2016, and the Commission unanimously confirmed the President’s designation of Lhamon to chair the Commission on December 28, 2016. Lhamon also serves in the cabinet of California Governor Gavin Newsom, where she has been Legal Affairs Secretary since January 2019. Lhamon previously litigated civil rights cases at the National Center for Youth Law.
Before coming to the Commission, Lhamon served as the Assistant Secretary for Civil Rights at the U.S. Department of Education until January 2017. President Obama nominated her to the Assistant Secretary for Civil Rights position on June 10, 2013, and she was unanimously confirmed by the U.S. Senate on August 1, 2013. Immediately prior to joining the Department of Education, Lhamon was director of impact litigation at Public Counsel, the nation’s largest pro bono law firm. Before that, she practiced for a decade at the ACLU of Southern California, ultimately as assistant legal director.
Earlier in her career, Lhamon was a teaching fellow and supervising attorney in the Appellate Litigation Program at Georgetown University Law Center, after clerking for The Honorable William A. Norris on the United States Court of Appeals for the Ninth Circuit. In 2016, Politico Magazine named Lhamon one of Politico 50 Thinkers Transforming Politics and the National Action Network honored Lhamon with their Action & Authority Award. In 2015, Yale Law School named Lhamon their Gruber Distinguished Lecturer and the Association of University Centers on Disabilities awarded Lhamon their Special Recognition Award. Chronicle of Higher Education named Lhamon to their 2014 Influence List as the Enforcer. The Daily Journal listed her as one of California’s Top Women Litigators in 2010 and 2007, and as one of the Top 20 California Lawyers Under 40 in 2007. In 2004, California Lawyer magazine named Lhamon Attorney of the Year for Civil Rights.
Lhamon received her J.D. from Yale Law School, where she was the Outstanding Woman Law Graduate, and she graduated summa cum laude from Amherst College.
Thomas P. O’Neill, Jr. Professor of American Politics, Boston College; Co-Chair , Harvard Program on Constitutional Government
R. Shep Melnick is the Thomas P. O’Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government. He is the author of The Crucible of Desegregation: The Uncertain Search for Educational Equality (Univeristy of Chicago Press, 2023); The Transformation of Title IX: Regulating Gender Equality in Education, (Brookings, 2018), Between the Lines: Interpreting Welfare Rights (Brookings,1994), and Regulation and the Courts: The Case of the Clean Air Act (Brookings, 1983), as well as many articles on courts, agencies, and public policy. He is currently completing a book on education and the civil rights state. In 2012 he received the American Political Science Association Law and Courts Section’s “Lasting Contribution” award. He received his BA and PhD from Harvard, and taught at Harvard and Brandeis before moving to Boston College. He has also been a Research Associate at Brookings, President of the New England Political Science Association, and an elected member of the NH House of Representatives.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Judge, United States District Court, Eastern District of Missouri
Judge Pitlyk received her law degree from Yale Law School, after earning her undergraduate degree from Boston College and master’s degrees from Georgetown University and the Katholieke Universiteit Leuven in Belgium, where she studied as a Fulbright Scholar. Immediately before taking the bench, Judge Pitlyk served as Special Counsel for the Thomas More Society, a national public interest law firm. Before TMS, she spent several years at a small civil litigation boutique in St. Louis, MO, after starting her career at Covington & Burling in Washington, DC. From 2010 to 2011, she clerked for the Honorable Brett M. Kavanaugh, then a Circuit Judge on the United States Court of Appeals for the District of Columbia Circuit. Judge Pitlyk was sworn in as a District Judge for the Eastern District of Missouri on December 6, 2019.
Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary, Walmart Inc.
Rachel Brand is Walmart’s executive vice president of global governance, chief legal officer, and corporate secretary. She oversees the company’s global legal, compliance, ethics, corporate governance, digital citizenship, aviation, investigative, and corporate security functions, including Walmart’s Emergency Operations Center.
Immediately before joining Walmart, Rachel served as the United States Associate Attorney General and holds the distinction of being the first woman to serve in this role. She had previously served in the U.S. Department of Justice as the Assistant Attorney General for the Office of Legal Policy during President George W. Bush’s administration. Her other government service includes an appointment by President Obama to serve as a Member of the U.S. Privacy and Civil Liberties Oversight Board, service as an Associate Counsel to the President at the White House, and judicial clerkships with Justice Charles Fried of the Supreme Judicial Court of Massachusetts and Justice Anthony Kennedy at the Supreme Court of the United States. In the private sector, Rachel was a lawyer in private practice at two law firms in Washington, D.C. and served as the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce Litigation Center.
Rachel serves on the board of directors for the Walmart Foundation and is the executive sponsor for Walmart’s Tribal Voices Associate Resource Group. Outside of Walmart, she serves on the board of directors for the International Justice Mission and is a member of The American Law Institute.
Rachel earned her Bachelor of Arts degree from the University of Minnesota-Morris and her J.D. from Harvard Law School.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
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.
Thomas P. O’Neill, Jr. Professor of American Politics, Boston College; Co-Chair , Harvard Program on Constitutional Government
R. Shep Melnick is the Thomas P. O’Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government. He is the author of The Crucible of Desegregation: The Uncertain Search for Educational Equality (Univeristy of Chicago Press, 2023); The Transformation of Title IX: Regulating Gender Equality in Education, (Brookings, 2018), Between the Lines: Interpreting Welfare Rights (Brookings,1994), and Regulation and the Courts: The Case of the Clean Air Act (Brookings, 1983), as well as many articles on courts, agencies, and public policy. He is currently completing a book on education and the civil rights state. In 2012 he received the American Political Science Association Law and Courts Section’s “Lasting Contribution” award. He received his BA and PhD from Harvard, and taught at Harvard and Brandeis before moving to Boston College. He has also been a Research Associate at Brookings, President of the New England Political Science Association, and an elected member of the NH House of Representatives.
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.
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On August 13, 1999, the Federalist Society's Criminal Law & Procedure Practice Group sponsored a...
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Ann Beeson, Troy A. Eid, Michael J. Horowitz, William F. Kilpatrick, George Nicholson, James Rapp, J. Harvie Wilkinson
On August 13, 1999, the Federalist Society's Criminal Law & Procedure Practice Group sponsored a...
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Birmingham, ALRace and Sex: Prime Movers of the Expansion of the Administrative State?
Rachel L. Brand, Gail L. Heriot, Peter Kirsanow, R. Shep Melnick, Theodore M. Shaw
Advocates of limited government are sometimes accused of being blind to issues of race and...
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Rachel L. Brand, Gail L. Heriot, Peter Kirsanow, R. Shep Melnick, Theodore M. Shaw
Advocates of limited government are sometimes accused of being blind to issues of race and...
Race and Sex: Prime Movers of the Expansion of the Administrative State?
2017 National Lawyers Convention
Washington, DC2017 National Lawyers Convention
Administrative Agencies and the Regulatory State
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