Partner, Jones Day
Eric Dreiband represents clients in investigations, litigation, and counseling in civil rights, employment discrimination, whistleblower, wage and hour, and other matters. Prior to rejoining Jones Day in 2021, Eric served as the 18th Assistant Attorney General for the Civil Rights Division at the U.S. Department of Justice (DOJ), and he also served as the 12th General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC).
Under Eric's leadership, DOJ's Civil Rights Division set enforcement records for prosecutions of law enforcement officers and sexual harassment, religious liberty, and servicemember cases; charged the highest number of hate crimes cases in decades; significantly expanded resources for human trafficking prosecutions; prosecuted race and other forms of illegal discrimination in education, employment, housing, lending, and voting; reached historic disability rights settlements with several states; opposed unlawful COVID-19-related civil liberty restrictions; and successfully litigated to protect the Constitutional and civil rights of all people in the United States.
As EEOC general counsel, Eric led the Commission's litigation of the federal employment antidiscrimination laws, and he issued the Regional Attorneys' Manual, which established the policies of EEOC's litigation program. Eric also served at the Department of Labor (DOL) as deputy wage and hour administrator and directed DOL's enforcement of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and other laws.
From 1997 to 2000, Eric served as a prosecutor in the Office of Independent Counsel Kenneth W. Starr.
Eric has spoken and written extensively about civil rights and other employment laws, and he has testified about these subjects before committees of the U.S. House of Representatives and the U.S. Senate.
Shareholder, Littler
Bradford J. Kelley has a broad practice representing employers in employment anti-discrimination and wage and hour matters. He focuses on advising clients about emerging technologies, including artificial intelligence (AI), and their impact in the workplace.
Brad is an internationally recognized workplace AI authority. He advises clients on how to maximize the benefits of using AI in the workplace while minimizing potential legal and business risks. His deep background in this area provides employers with the tools and insights they need to develop, deploy, and monetize AI and other emerging technologies to bolster business operations and efficiency.
Associate Professor of Law, South Texas College of Law Houston
Ryan H. Nelson joined the faculty at South Texas College of Law Houston in 2021. His research focuses on leveraging the civil litigation and other dispute resolution systems to advance the rights of poor and other marginalized workers, most often with respect to discrimination, harassment, wages, leaves of absence, and accommodations. His scholarship has been published or is forthcoming in the Michigan Law Review, Fordham Law Review, BYU Law Review, Yale Law and Policy Review, and the online companions to the NYU Law Review, California Law Review, and Vanderbilt Law Review. He has advised state attorneys’ general offices and other administrative agencies on employment law reforms and helped to draft associated proposed legislation and regulations. Moreover, he has provided legal commentary for Fox 26 Houston, KPRC 2 News | Houston, and in periodicals like Slate, USA Today, the Texas Tribune, and the Houston Chronicle.
Before joining South Texas, Ryan completed a research fellowship with the Harvard Law School Project on Disability and taught on the adjunct faculty at Boston University School of Law, New England Law | Boston, and New York Law School. He also spent nearly a decade practicing labor and employment law, including as in-house employment law counsel for one of the world’s largest financial services companies and as an attorney with one of the top labor and employment law firms in the country where he specialized in workplace affirmative action law. He obtained his LL.M. from Harvard Law School where he was awarded the Irving Oberman Memorial Prize for Best Paper on Law and Social Change; his J.D., cum laude, from Benjamin N. Cardozo School of Law, Yeshiva University, where he served on the Editorial Board of the Moot Court Honor Society; and his B.S.B.A. with a major in economics from the University of Florida where he was a National Merit Scholar and became an avid fan of Florida Gators football.
Solicitor General of Missouri
Lou Capozzi is the Solicitor General of Missouri. In that role, he oversees all appeals for the State of Missouri. He is also the Director of Special Litigation and litigates high-stakes cases at trial.
Lou previously worked at Jones Day, where he specialized in administrative and election law. At Jones Day, he helped lead a six-week bench trial in federal court, during which he cross-examined important expert and fact witnesses, delivered closing argument, asserted evidentiary objections, and argued several motions, including a motion for a directed verdict. He has also authored briefs at all phases of litigation--from evidentiary motions to dispositive motions and appeals.
Lou is also Lecturer in Law at the University of Pennsylvania Carey Law School and a Public Member of the Administrative Conference of the United States. He has published several academic articles focusing on administrative law.
Lou clerked for Justice Neil Gorsuch at the United States Supreme Court in the 2021 Term, as well as for Judges J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit and Anthony Scirica of the United States Court of Appeals for the Third Circuit. He gradated as the valedictorian from the University of Pennsylvania Law School in 2019.
William R. Orthwein Distinguished Professor of Law, Washington University in St. Louis School of Law
Professor Ronald M. Levin is a nationally known scholar who specializes in administrative law and related public law issues. He is the co-author of a casebook on state and federal administrative law, now in its third edition, as well as a nutshell on administrative law and process, now in its fifth edition. Formerly the law school's associate dean, he has published numerous articles and book chapters on administrative law topics, including judicial review, rulemaking, and legislative reform of the regulatory process. He also has written about the law of legislation, lobbying, and legislative ethics. Among his professional affiliations, Professor Levin has chaired the ABA Section of Administrative Law and Regulatory Practice and served as the ABA's advisor to the drafting committee to revise the Model State Administrative Procedure Act. He also has chaired the Section on Administrative Law and the Section on Legislation of the Association of American Law Schools (AALS). Currently a public member of the Administrative Conference of the United States (ACUS), he previously served as a consultant to ACUS and to the Supreme Court of Indonesia. Before joining the law faculty, Professor Levin clerked for the Hon. John C. Godbold, U.S. Court of Appeals for the Fifth Circuit, and practiced for three years in Washington, D.C., with the firm of Sutherland, Asbill & Brennan.
Judge, United States District Court, Southern District of Florida
Rodolfo “Rudy” Armando Ruiz II is a District Judge of the United States District Court for the Southern District of Florida. Prior to his judicial commission on May 3, 2019, Ruiz was a Circuit Court Judge for the Eleventh Judicial Circuit of Florida from 2014 through 2019, and a Miami-Dade County Court Judge from 2012 through 2014. Ruiz also served as an Assistant County Attorney with the Miami-Dade County Attorney’s Office and an associate with White & Case LLP.
Ruiz received a Bachelor of Science in Economics from Duke University and earned his Juris Doctor from Georgetown University. After graduating from law school, he was a law clerk to the Honorable Federico A. Moreno of the United States District Court for the Southern District of Florida.
Deputy Litigation Director, Institute for Justice
Robert McNamara serves as Deputy Litigation Director with the Institute for Justice. He joined the Institute in August 2006 and litigates cutting-edge constitutional cases protecting free speech, property rights, economic liberty and other individual liberties in both federal and state courts.
Robert’s work has resulted in court victories for property owners fighting eminent domain abuse, tour guides fighting unconstitutional restrictions on their speech, taxi drivers seeking the right to own their own business, and many others. Robert also litigates in defense of innovation and entrepreneurship in medical care and was co-counsel in Flynn v. Holder, IJ’s landmark challenge to the federal prohibition on compensating bone marrow donors.
Robert’s writing has been published by outlets including The New York Times, The Wall Street Journal, The Washington Post and dozens more nationwide. His opinions and views on legal issues have been featured in radio and television programs ranging from National Public Radio’s All Things Considered to Fox News Channel’s Hannity & Colmes.
Robert is a graduate of Boston University and the New York University School of Law, where he was a founding member and eventual editor-in-chief of the NYU Journal of Law & Liberty. He currently lives in Virginia with his wife and children.
Robert McNamara is a member of the Virginia bar.
Michael primarily litigates cases related to police misconduct and racial discrimination. He graduated Harvard Law School, cum laude, and Brandeis University, summa cum laude. Previously, Michael clerked for the Hon. John R. Fisher on the District of Columbia Court of Appeals and interned with the Special Litigation Section of DOJ’s Civil Rights Division. He has also represented tenants facing eviction and prisoners in disciplinary hearings. In addition to his legal experience, Michael has worked on a political campaign and served as a fellow at an organization that helps people on public assistance find employment.
Michael enjoys running and, one day, hopes to learn how to dance.
Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
Director, Commercial Freedom; Senior Fellow, R Street Institute
C. Jarrett Dieterle researches and writes on regulatory affairs, alcohol policy, occupational licensing and other commercial freedom issues. He also oversees the Institute’s postal, labor and disintermediation policy programs.
Jarrett previously worked as a regulatory attorney at a Washington law firm. In that role, he advised private companies on how to navigate complex regulatory regimes and helped them challenge overreaching regulations. He also practiced appellate advocacy, co-authoring several Supreme Court amicus briefs. He previously clerked for a federal judge on the U.S. Court of Federal Claims, and has worked and written for numerous policy organizations and think tanks such as the Reason Foundation, Manhattan Institute, Mackinac Center, Federalist Society, Institute for Justice, Atlantic Legal Foundation and the Washington Legal Foundation.
Jarrett earned his bachelor’s from the University of Richmond, with a major in political science and minor in economics. He received his juris doctor from Georgetown University Law Center.
Jarrett currently lives in Richmond, Virginia with his wife, Maria, and their Australian shepherd, Pepper.
Partner, Gibson Dunn & Crutcher LLP
Theodore B. Olson is a Partner in Gibson, Dunn & Crutcher’s Washington, D.C. office; a founder of the Firm’s Crisis Management, Sports Law, and Appellate and Constitutional Law Practice Groups.
Mr. Olson was Solicitor General of the United States during the period 2001-2004. From 1981-1984, he was Assistant Attorney General in charge of the Office of Legal Counsel in the U.S. Department of Justice. Except for those two intervals, he has been a lawyer with Gibson, Dunn & Crutcher in Los Angeles and Washington, D.C. since 1965.
Selected by Time magazine in 2010 as one of the 100 most influential people in the world, Mr. Olson is one of the nation’s premier appellate and United States Supreme Court advocates. He has argued 65 cases in the Supreme Court and has prevailed in over 75% of those cases. These include the two Bush v Gore cases arising out of the 2000 presidential election; Citizens United v Federal Election Commission; Hollingsworth v Perry, the case affirming the overturning of California’s Proposition 8, banning same-sex marriages; Murphy v NCAA, overturning a federal law prohibiting states from authorizing sports betting; and U.S. Dept. of Homeland Security v Regents of the Univ. of Calif., challenging the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals (“DACA”). Mr. Olson’s practice is concentrated on appellate and constitutional law, federal legislation, media and commercial disputes, and assisting clients with strategies for the containment, management and resolution of major legal crises. He has handled cases at all levels of state and federal court systems throughout the United States. Mr. Olson co-authored “Redeeming the Dream, the Case for Marriage Equality” with David Boies. Both were featured in HBO’s award-winning documentary, “The Case Against 8.”
Mr. Olson's Supreme Court arguments have included cases involving separation of powers; federalism; voting rights; the Tenth Amendment; the First Amendment; the Equal Protection and Due Process Clauses; jury trial rights; punitive damages; takings of property; the Commerce Clause; administrative law; taxation; criminal law; sports wagering; copyright, patent and antitrust; securities; campaign finance; foreign sovereign immunities; telecommunications; the environment; the internet; the Supremacy Clause; and other federal constitutional and statutory questions. As Solicitor General, during the presidency of George W. Bush, Mr. Olson was the Government's principal advocate in the United States Supreme Court, responsible for supervising and coordinating all appellate litigation of the United States, and a legal adviser to the President and the Attorney General. As Assistant Attorney General for the Office of Legal Counsel during the Reagan Administration, Mr. Olson was the Executive Branch's principal legal adviser, rendering legal guidance to the President and to the heads of the Executive Branch departments on a wide range of constitutional and federal statutory questions, and assisting in formulating and articulating the Executive Branch's position on constitutional issues.
Mr. Olson has served as private counsel to two Presidents, Ronald W. Reagan and George W. Bush, in addition to serving those two Presidents in high-level positions in the Department of Justice. He has twice been awarded the United States Department of Justice's Edmund J. Randolph Award, its highest award for public service and leadership, and also received the Department of Defense's Distinguished Public Service Award, its highest civilian award, for his advocacy in the courts of the United States, including the Supreme Court. He also received the American Bar Association Medal, its highest award for “exceptionally distinguished service by a lawyer or lawyers to the cause of American jurisprudence.” Mr. Olson is to receive the 2021 Jack Valenti Friend of the White House Fellows Award in the Fall of 2021 to be presented by the White House Fellows Foundation and Association.
Mr. Olson is a member of the Commission on White House Fellowships; a member of the Board of Trustees of the Ronald Reagan Presidential Foundation; a member of the Board of Visitors of the Federalist Society; the Board of Directors of the Knight First Amendment Institute at Columbia University; and the 9/11 Pentagon Memorial Foundation. He was a visiting scholar at the National Constitution Center in 2007. He served on the President's Privacy and Civil Liberties Oversight Board from 2006 to 2008; and of the Council of the Administrative Conference of the United States from 2010 to 2020. He was Co-Chair of the Knight Commission on the Information Needs of Communities in a Democracy from 2008-2009, and served two terms on the Board of Directors of the National Center for State Courts.
Mr. Olson is a Fellow of both the American College of Trial Lawyers and the American Academy of Appellate Lawyers. He has been repeatedly listed in legal publications as one of the nation’s leading appellate lawyers. The late New York Times columnist William Safire described Mr. Olson as his generation's "most persuasive advocate" before the Supreme Court and "the most effective Solicitor General in decades.”
Mr. Olson received his law degree in 1965 from the University of California at Berkeley (Boalt Hall) where he was a member of the California Law Review and Order of the Coif. He received his bachelor's degree from the University of the Pacific, where he was recognized as the outstanding graduating student in both forensics and journalism. He has written and lectured extensively on appellate advocacy, oral communication in the courtroom, civil justice reform, and constitutional and administrative law.
EEOC in the Trump Era
Eric Dreiband, Bradford J. Kelley, Ryan H. Nelson
Shortly after taking office, President Trump reportedly removed two Equal Employment Opportunity Commission (EEOC) commissioners...
Daniel Webster Debate Series: Should the Court Embrace the Major Questions Doctrine?
Louis J. Capozzi, Ronald M. Levin, Rodolfo Armando Ruiz
The Federalist Society's Georgetown Law Chapter'sDaniel Webster Debate Series presents Daniel Webster Debate Series:Should the...
Do We Need Qualified Immunity?
Robert J. McNamara, Michael Perloff, Christopher J. Walker
Qualified immunity is perhaps the nation’s most controversial legal doctrine. Proponents say qualified immunity is necessary to give government officials—especially...
Explainer 59 - Why (and How) Does OMB Classify Americans’ Race? A Brief History
David Bernstein
It may surprise some to know that the government has definitive racial classifications for Americans,...
Topics
The 2022 Joseph Story Award
The Federalist Society is delighted to announce that the winner of the 2022 Joseph Story...
Tennessee Wine & Spirits Retailers Association v. Blair [SCOTUSbrief]
Jarrett Dieterle
Tennessee’s liquor retail licenses require residency within the state, which favors in-state retailers over out-of-state...
The Roberts Court: Is the Supreme Court Really Turning to the Right?
Newport Beach, California