Associate Professor, Northern Illinois University
Evan Bernick joined the NIU Law faculty in 2021. He teaches courses in constitutional law, criminal law, criminal procedure, administrative law and legislation.
From 2020 to 2021, Professor Bernick was a visiting professor at the Georgetown University Law Center and the executive director of the Georgetown Center for the Constitution. Before that, he served as a clerk to Judge Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit. From April 2017 to April 2019, he was a visiting lecturer at Georgetown and a resident fellow of the Center for the Constitution.
His scholarship covers a range of topics, from constitutional law, to philosophy of law, to social movements, to law enforcement. He has published with the Georgetown Law Journal, the Notre Dame Law Review, the William and Mary Law Review and the George Mason Law Review, among other journals. His book, The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021), with Randy E. Barnett, was published by Harvard University Press under its Belknap imprint "for books of long-lasting importance, superior in scholarship and physical production, chosen whether or not they might be profitable."
Professor Bernick received his bachelor's degree in 2008 from the University of Chicago, where he studied philosophy and graduated with honors. He received his juris doctorate in 2011 from the University of Chicago Law School.
Executive Director, Ohio Dental Association
David J. Owsiany is the executive director of the Ohio Dental Association and a past president of the Columbus Lawyers Chapter of the Federalist Society.
He has served as CEO of a statewide health care association, president of the Buckeye Institute, chief of policy for the Ohio Department of Insurance, judicial law clerk for the Illinois Appellate Court, and staffer on the United State Senate Judiciary Committee.
Mr. Owsiany has written dozens of articles on legal and public policy issues for various publications, including the University of Toledo Law Review, the Federalist Society's State Court Docket Watch, Columbus Dispatch, Cincinnati Enquirer, Crain’s Cleveland Business, and Akron Beacon Journal.
Owsiany received his J.D. from Washington University School of Law in St. Louis and B.A. from the University of Michigan in Ann Arbor.
Assistant Professor of Law, Emory University School of Law
Alexander "Sasha" Volokh is an assistant professor of law, joining the Emory Law faculty in Fall 2009.
Professor Volokh earned his B.S. from UCLA and his J.D. and Ph.D. in economics from Harvard University. He clerked for Judge Alex Kozinski of the Ninth Circuit and for Supreme Court Justices Sandra Day O'Connor and Samuel Alito. Before coming to Emory, he was a visiting associate professor at Georgetown University Law Center and a visiting assistant professor at University of Houston Law Center.
His interests include law and economics, administrative law and the regulatory process, environmental law and policy, and legal history. His current research topics include the private management of government services, medieval law, judicial decisionmaking and statutory interpretation.
Interim Dean, Florida International University College of Law
Dan Epstein was Vice President at America First Legal and an Associate Professor of Law at St. Thomas University in Miami, Florida. He also advises individuals and small businesses in affirmative and defensive actions against government overreach. Previously, he advised startups on regulatory matters as Director at a venture capital firm. His federal service includes being a Special Assistant to and Senior Associate Counsel to the President and a counsel for the House of Representatives Committee on Oversight and Government Reform. Earlier in his career, Mr. Epstein founded and ran Cause of Action, where he represented clients in government investigations and litigated regulatory, constitutional, political, and public law matters.
He holds a Ph.D. from George Washington University in Political Economy, a J.D. from Emory University School of Law, and a B.A. from Kenyon College. He is active in the Palm Beach community as a member of the Fourth Court of Appeals Judicial Nominating Commission in Florida, a transition team member to Florida Attorney General James Uthmeier, and the Chairman and Trustee of Palm Beach State College.
Senior Policy Analyst, The George Washington University Regulatory Studies Center
Sofie Miller's regulatory research portfolio includes economic analysis of energy efficiency standards, analysis of regulatory benefits, use of cost benefit analysis by agencies, retrospective review of existing rules, regressive effects of regulations, and the efficacy of public participation within the rulemaking process. Sofie has submitted public comments on regulations establishing energy efficiency standards, airline passenger protections, consumer product safety, and standards to prevent foodborne illnesses. Sofie has published articles in Regulation Magazine and the journal Engage, and is the editor of the GW Regulatory Studies Center's weekly Regulation Digest, which tracks regulatory developments in federal agencies, think tanks, and the media.
Assistant Professor, Johnson & Wales University
Adam Smith earned his Ph.D. from George Mason University, where he specialized in experimental economics and political economy. His academic work involves experimental applications in political economy, regulation involving behavioral economics, the economics of decision-making when no external enforcement is readily available, and the recent economic crisis of 2008-2010 with a focus on the development of the Troubled Assets Relief Program. Smith is also a visiting scholar with the Rgulatory Studies Center at George Washington University. He is published in Regulation magazine, and the peer-reviewed journals Public Choice and Social Choice & Welfare. Smith joined the faculty of Johnson & Wales University in the fall of 2010.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
R.C. Hoiles Professor, Business Ethics & Free Enterprise, Chapman University
The Circuit Splits Are Out There—and the Court Should Resolve Them
Evan D. Bernick
Note from the Editor: This article argues that the U.S. Supreme Court should resolve a...
North Carolina Board of Dental Examiners v. Federal Trade Commission
David J. Owsiany, Alexander Volokh
Note from the Editor: The Federalist Society is pleased to present two different perspectives on the North...
Conservative & Libertarian Legal Scholarship: International Law & Transactions
[Return to Table of Contents] XVI. International Law & Transactions Introductory Materials Emer de Vattel,...
Conservative & Libertarian Legal Scholarship: Criminal Law and Procedure
[Return to Table of Contents] XI. Criminal Law & Procedure Criminality and Responsibility Gary Becker,...
Conservative & Libertarian Legal Scholarship: Administrative & Regulatory Practice
[Return to Table of Contents] VI. Administrative & Regulatory Practice Introductory Materials Peter Schuck, Foundations...
Redressing Politicized Spending
Daniel Z. Epstein
Note from the Editor: This article is about politicized spending in the federal discretionary budget. ...
EPA’s Retrospective Review of Regulations: Will It Reduce Manufacturing Burdens?
Sofie E. Miller
Introduction Through a series of Executive Orders, President Obama has encouraged federal regulatory agencies to...
A Discussion on Individual Rights
Seattle, Washington(Mis)Applications of Behavioral Economics to Regulation: The Importance of Public Choice Architecture
Adam C. Smith
I. Introduction Friedrich Hayek once said, “Unfortunately, the popular effect of this scientific advance has...
Thinking About the "Practically Unthinkable": Energy Infrastructure and the Threat of Low-Probability, High-Impact Events
Adam White
The National Environmental Policy Act1 requires federal agencies to ascertain and evaluate the possible environmental...