Director, Center for Judicial Engagement, Institute for Justice
Anthony Sanders is the Director of the Center for Judicial Engagement (CJE) at the Institute for Justice and a senior attorney. He joined IJ in 2010. As CJE’s director, he educates the public about the proper role of judges in enforcing constitutional limits on the size and scope of government. As a senior attorney he litigates cutting-edge constitutional cases protecting economic liberty, private property, freedom of speech and other individual liberties in both federal and state courts across the country.
One area of Anthony’s expertise is on using state constitutions to protect individual rights. He is the author of the book, published by University of Michigan Press, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters. He has also written several law review articles on state constitutional law, unenumerated rights, judicial review, economic liberty, property rights, international law, and other subjects. His work has appeared in publications such as the Iowa Law Review, Minnesota Law Review, American University Law Review, and Rutgers Law Review, and he has published opinion pieces in leading media outlets across the country. Further, he frequently speaks to various audiences on these matters and others, including judicial engagement, free speech, civil forfeiture, and the continuing importance of Magna Carta. Additionally, he hosts the weekly Short Circuit podcast, which often records live in front of law student audiences.
Anthony has litigated several cases in various state courts on state constitutional protections, as well as in federal courts on matters such as economic liberty, free speech, administrative law, and fines and fees abuse. Prior to joining IJ, Anthony served as a law clerk to Justice W. William Leaphart on the Montana Supreme Court. Anthony also worked for several years in private practice in Chicago where he was an active member of the Chicago Bar Association and chaired its Civil Rights Committee.
Anthony received his law degree cum laude from the University of Minnesota Law School in 2004, where he served as an articles submission editor for the Minnesota Law Review. He received his undergraduate degree from Hamline University in St. Paul, Minnesota, and his master’s degree from the University of Wisconsin-Madison. A dual U.S. and U.K. citizen, Anthony grew up on the islands of Vashon in Washington State, and Alderney in the British Channel Islands.
Professor Emerita of Law, George Mason University Antonin Scalia School of Law
Professor Emerita Joyce Lee Malcolm is an historian and constitutional scholar active in the area of constitutional history, focusing on the development of individual rights in Great Britain and America. She is the author of eight books, most recently The Tragedy of Benedict Arnold: An American Life, May 2018. Professor Malcolm has written many books and articles on gun control, the Second Amendment, and individual rights. Her work was cited several times in the recent U.S. Supreme Court opinion in District of Columbia v. Heller.
Professor Malcolm has previously taught at Princeton University, Bentley College, Boston University, Northeastern University and Cambridge University. She was also a Senior Advisor at the Massachusetts Institute of Technology Security Studies Program, a Visiting Scholar at Massachusetts Center for Renaissance Studies, and is a Bye Fellow at Robinson College, Cambridge University.
Her seventh book, Peter's War: A New England Slave Boy and the American Revolution, was published by Yale University Press in 2009. "Magna Carta in America: Entrenched," a chapter authored by Professor Malcolm, appears in Magna Carta: The Foundation of Freedom 1215-2015 (Nicholas Vincent, Third Millennium Publishing). Her essays have appeared in The Wall Street Journal, The Financial Times, USA Today, The Boston Globe and other newspapers.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Professor of Law, University of Chicago Law School
Jennifer Nou is Professor of Law at the University of Chicago Law School. Nou’s main research interests are in administrative law, executive branch dynamics, regulatory policy, and constitutional separation-of-powers. Prior to joining the faculty, she was a Public Law Fellow at the Law School and also worked as a policy analyst and special assistant at the Office of Information and Regulatory Affairs. Nou is a graduate of Yale College and Yale Law School, and received an MPhil in Politics from Oxford University as a Marshall Scholar. After law school, she was a law clerk to Judge Richard Posner of the US Court of Appeals for the Seventh Circuit and then to Justice Stephen Breyer of the US Supreme Court. She is currently a public member of the Administrative Conference of the United States.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Professor of Law, University of Chicago Law School
Jennifer Nou is Professor of Law at the University of Chicago Law School. Nou’s main research interests are in administrative law, executive branch dynamics, regulatory policy, and constitutional separation-of-powers. Prior to joining the faculty, she was a Public Law Fellow at the Law School and also worked as a policy analyst and special assistant at the Office of Information and Regulatory Affairs. Nou is a graduate of Yale College and Yale Law School, and received an MPhil in Politics from Oxford University as a Marshall Scholar. After law school, she was a law clerk to Judge Richard Posner of the US Court of Appeals for the Seventh Circuit and then to Justice Stephen Breyer of the US Supreme Court. She is currently a public member of the Administrative Conference of the United States.
Carl L. Vacketta Professor of Law, University of Illinois College of Law
Considered one of the leading bankruptcy scholars of his generation, Professor Brubaker is the Carl L. Vacketta Professor of Law. He served as Interim Dean of the College of Law in 2008-09 after serving as Associate Dean for Academic Affairs for the previous two years. Professor Brubaker rejoined the Illinois faculty in 2004, returning to his alma mater after serving as a member of the faculty at the Emory University School of Law in Atlanta, Georgia for 10 years, where he was also the faculty adviser to the Emory Bankruptcy Developments Journal.
After earning an undergraduate degree with Bronze Tablet distinction at Illinois, Professor Brubaker passed the CPA exam before pursuing a dual JD/MBA degree. Professor Brubaker received his JD summa cum laude from the College of Law, where he was a member of the Order of the Coif, a Harno Fellow, and recipient of Rickert Awards for Excellence in Academic Achievement and in Legal Writing. He also served as articles editor for the University of Illinois Law Review.
Following graduation, Professor Brubaker clerked for Judge James K. Logan of the United States Court of Appeals for the Tenth Circuit. Later, he practiced in the bankruptcy and corporate reorganization group of Squire, Sanders & Dempsey (now Squire Patton Boggs) in Cleveland, Ohio, where he gained extensive experience in large- and medium-sized Chapter 11 bankruptcy reorganization proceedings, including prepackaged, leveraged buy-out, and mass-tort bankruptcies.
Professor Brubaker began teaching at the College of Law, later joining the Emory faculty in 1995. He is co-author of Bankruptcy Law: Principles, Policies, and Practice (with Charles J. Tabb) and has written dozens of journal articles and essays exploring all facets of federal bankruptcy law, particularly Chapter 11 corporate reorganizations and the complex jurisdictional and procedural aspects of federal bankruptcy proceedings. He was awarded the 2003 Editors’ Prize from The American Bankruptcy Law Journal for his article, “Of State Sovereign Immunity and Prospective Remedies: The Bankruptcy Discharge as Statutory Ex parte Young Relief,” 76 American Bankruptcy Law Journal 461 (2002).
Professor Brubaker is the editor-in-chief and a contributing author for West’s Bankruptcy Law Letter, and he has served on the editorial advisory boards of The American Bankruptcy Law Journal and the American Bankruptcy Institute Law Review. He is a member of the American Law Institute and a Fellow of the American College of Bankruptcy, for which he currently serves as the Scholar-in-Residence. Professor Brubaker has been a member of the executive committee of the board of directors for the American Bankruptcy Institute, and he was a member of the advisory committee on 363 sales for the ABI’s 2014 Commission to Study the Reform of Chapter 11.
Of Counsel, Shook Hardy & Bacon LLP
Chris’ public policy work focuses on tort law and civil justice system reform. His work is generally divided among legislative efforts, appellate litigation, and liability counseling. Chris has drafted model legislation to be introduced on the state and federal level, testified on numerous legislative initiatives, and authored amicus briefs to state supreme courts and federal appellate courts, including the U.S. Supreme Court. He also serves as an adviser to various business groups and trade associations interested in tort liability issues and civil justice system reform.
In addition, Chris is an elected member of the American Law Institute (ALI), and has assisted in the development of a variety of ALI projects implicating liability law. He has also been a recurrent guest lecturer at the U.S. Department of Justice and Wake Forest University School of Law, as well as a speaker at numerous legal conferences and industry group meetings, on issues related to tort law. Chris has additionally produced significant scholarship in the area of liability law. He has authored more than 50 legal publications on a wide range of liability issues, including articles in the Harvard Journal of Law & Public Policy, UPenn Journal of Business Law, and Duke Journal of Constitutional Law & Public Policy, and has served as a contributor to tort casebooks.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Professor of Law, University of Chicago Law School
Jennifer Nou is Professor of Law at the University of Chicago Law School. Nou’s main research interests are in administrative law, executive branch dynamics, regulatory policy, and constitutional separation-of-powers. Prior to joining the faculty, she was a Public Law Fellow at the Law School and also worked as a policy analyst and special assistant at the Office of Information and Regulatory Affairs. Nou is a graduate of Yale College and Yale Law School, and received an MPhil in Politics from Oxford University as a Marshall Scholar. After law school, she was a law clerk to Judge Richard Posner of the US Court of Appeals for the Seventh Circuit and then to Justice Stephen Breyer of the US Supreme Court. She is currently a public member of the Administrative Conference of the United States.
Partner, Jones Day
Don McGahn represents clients before government agencies, in enforcement matters, and in court disputes arising from government regulation or action. He handles litigation, crisis management, regulatory compliance, and political issues.
Prior to rejoining Jones Day in 2019, Don served as Counsel to the President of the United States, advising Donald J. Trump on all legal issues concerning the President and his administration, including constitutional and statutory authority, executive orders, international agreements, tariffs, trade, administrative law, and national security. Don also managed the judicial selection process for the President. During Don's tenure, a historic number of judges were appointed to the federal bench, including two Supreme Court justices. In addition, he spearheaded President Trump's deregulation efforts, which resulted in deregulation at record rates. Following Don's departure from the White House, the President appointed him to the Council of the Administrative Conference of the United States, a nonpartisan, independent agency dedicated to promoting improvement to administrative agency processes.
Don's accomplishments have been recognized at the highest levels of government. Senate Majority Leader Mitch McConnell stated that Don concluded his tenure "not only as the best White House Counsel I've seen on the job, but more broadly, as one of the most successful and consequential aides to any President in recent memory."
Don was nominated by President George W. Bush in 2008, and confirmed in the Senate by unanimous consent, to serve as a member of the Federal Election Commission. He also served as outside Counsel to the Committee on House Administration during the 113th and 114th Congresses and as general counsel to the National Republican Congressional Committee.
Which Rights Are We Mediating?
Anthony Sanders
A review of How Rights Went Wrong: Why Our Obsession With Rights Is Tearing America...
McDonald v. City of Chicago, Illinois [SCOTUSbrief]
Joyce Lee Malcolm
When Chicago resident Otis McDonald attempted to purchase a handgun, he was turned down because...
Kisor and Gundy: The Future of Administrative Law?
Erin M. Hawley, Jennifer Nou, Hallie Saunders
On February 15, 2021, Erin M. Hawley and Jennifer Nou joined the Federalist Society’s Chicago...
Kisor and Gundy: The Future of Administrative Law?
Erin M. Hawley, Jennifer Nou, Hallie Saunders
On February 15, 2021, Erin M. Hawley and Jennifer Nou joined the Federalist Society’s Chicago...
Kisor and Gundy: The Future of Administrative Law?
Chicago Student Chapter
Chicago, ILCity of Chicago, Illinois v. Fulton - Post-Decision SCOTUScast
Ralph Brubaker
On January 14, 2021 the Supreme Court decided City of Chicago, Illinois v. Fulton. The...
Ten Surprising Highlights from OCR’s New Annual Report
On January 13, the Trump Education Department’s Office for Civil Rights (OCR), which I headed...
Topics
Two studies, different results: How did Cook County’s bail reform really impact crime?
Bail reform efforts that seek to shrink jail populations and scale back the use of...
State Court Docket Watch: Berry v. City of Chicago
Christopher Appel
In Berry v. City of Chicago,[1] the Illinois Supreme Court held that plaintiffs alleging an...
Virtual Happy Hour with Don McGahn
New Jersey Lawyers Chapter - Online Event