Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Partner, Vinson & Elkins, and former U.S. Attorney for the Eastern District of Virginia
Zachary (“Zach”) Terwilliger, the former Senate confirmed United States Attorney for the Eastern District of Virginia, has extensive experience in all manner of federal investigations and trials. Those frontline skills combine with his mastery of involved management roles overseeing operational programs, setting policy parameters, and managing teams to accomplish strategic objectives. He gained this experience over a decades-long career in public service where he advanced from an office intern to serve as the presidentially appointed and Senate confirmed United States Attorney. He rounds out his Washington experience by having served as Associate Deputy Attorney General and Chief of staff to the Deputy Attorney General, whose office manages the entire Department of Justice and its various agencies, and as counsel to the Chair of the Senate Judiciary Committee.
In a testament to his professionalism, he was the sole and unanimous recommendation of Virginia’s two Democratic Senators to serve as U.S. Attorney. Following this recommendation, the President’s nomination, and confirmation by the entire U.S. Senate, Zach was sworn in as the then youngest U.S. Attorney in the country.
Zach’s knowledge of how the Justice Department and federal enforcement agencies function in both civil and criminal matters, particularly in regards to discretionary decision making, provides him with unique insights necessary to effectively assist companies and individuals facing federal enforcement matters, including allegations of domestic and international criminal and civil violations. Zach is skilled in navigating internal and government investigations, allegations of bribery under the Foreign Corrupt Practices Act, complex criminal grand jury investigations, criminal antitrust matters, and Congressional inquiries and select committee investigations, among other complex white collar issues.
As U.S. Attorney for the Eastern District of Virginia, Zach supervised a team of over 300 lawyers and support staff. He also managed multiple key corporate resolutions, and significantly enhanced the District’s white-collar footprint through collaboration with DOJ’s Fraud Section, as well as with other enforcement entities like the newly created Special Inspector General for Pandemic Recovery and the Procurement Collusion Strike Force. He is also a veteran litigator with years of investigative and in-court experience in trials, pre-trial proceedings, and appeals.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Partner, Vinson & Elkins, and former U.S. Attorney for the Eastern District of Virginia
Zachary (“Zach”) Terwilliger, the former Senate confirmed United States Attorney for the Eastern District of Virginia, has extensive experience in all manner of federal investigations and trials. Those frontline skills combine with his mastery of involved management roles overseeing operational programs, setting policy parameters, and managing teams to accomplish strategic objectives. He gained this experience over a decades-long career in public service where he advanced from an office intern to serve as the presidentially appointed and Senate confirmed United States Attorney. He rounds out his Washington experience by having served as Associate Deputy Attorney General and Chief of staff to the Deputy Attorney General, whose office manages the entire Department of Justice and its various agencies, and as counsel to the Chair of the Senate Judiciary Committee.
In a testament to his professionalism, he was the sole and unanimous recommendation of Virginia’s two Democratic Senators to serve as U.S. Attorney. Following this recommendation, the President’s nomination, and confirmation by the entire U.S. Senate, Zach was sworn in as the then youngest U.S. Attorney in the country.
Zach’s knowledge of how the Justice Department and federal enforcement agencies function in both civil and criminal matters, particularly in regards to discretionary decision making, provides him with unique insights necessary to effectively assist companies and individuals facing federal enforcement matters, including allegations of domestic and international criminal and civil violations. Zach is skilled in navigating internal and government investigations, allegations of bribery under the Foreign Corrupt Practices Act, complex criminal grand jury investigations, criminal antitrust matters, and Congressional inquiries and select committee investigations, among other complex white collar issues.
As U.S. Attorney for the Eastern District of Virginia, Zach supervised a team of over 300 lawyers and support staff. He also managed multiple key corporate resolutions, and significantly enhanced the District’s white-collar footprint through collaboration with DOJ’s Fraud Section, as well as with other enforcement entities like the newly created Special Inspector General for Pandemic Recovery and the Procurement Collusion Strike Force. He is also a veteran litigator with years of investigative and in-court experience in trials, pre-trial proceedings, and appeals.
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Appellate Counsel, Theodore Cooperstein PLLC
Theodore Cooperstein currently is an appellate attorney in the boutique law firm of Theodore Cooperstein PLLC, available for criminal and civil appeals in both state and federal courts. A former career prosecutor with twenty five years of service in the US Department of Justice, he was an Assistant United States Attorney for the Southern District of Florida and the Southern District of Mississippi, and has served as a Military Intelligence Officer in the Army Reserves from 1989 to 2011, retiring with the rank of Lieutenant Colonel. During the Trump Administration, he was appointed and served as the General Counsel of the U.S. Office of Personnel Management. Prior to joining the Southern District of Florida, Mr. Cooperstein served as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Maryland. He previously had served as Counsel to the Deputy Attorney General at the Department of Justice, and as Assistant General Counsel in the FBI Office of the General Counsel.
A.B., Dartmouth College; J.D., Stanford University; LL.M., Comparative and International Law, Georgetown University Law Center; Masters of Strategic Studies, U.S. Army War College
Regulatory Counsel, Americans for Prosperity Foundation
Mike Pepson is regulatory counsel at Americans for Prosperity Foundation, which frequently files amicus briefs in the U.S. Supreme Court, U.S. Courts of Appeals, and state Supreme Courts, as well as public comments in various federal and state regulatory proceedings. Mike assists AFPF with its efforts involving separation of powers, administrative process, criminal justice reform, tech and innovation, and other issues.
He is also Special Counsel for Administrative Law at Cause of Action Institute, where he has been involved in complex civil and criminal litigation in federal district and appellate courts and administrative litigation before federal agencies in a variety of matters, including agency enforcement actions, statutory and constitutional challenges to federal regulations and agency decisions, and Section 1983 challenges to state statutes.
He received his LL.M. from Columbia Law School, J.D. from The Catholic University of America, Columbus School of Law, and B.A. from Loyola College in Baltimore, Maryland.
Ashe Family Chair Professor of Law, Georgia State University College of Law
Eric J. Segall graduated from Emory University, Phi Beta Kappa and summa cum laude, and from Vanderbilt Law School, where he was the research editor for the Law Review and member of Order of the Coif. He clerked for the Chief Judge Charles Moye Jr. for the Northern District of Georgia, and Albert J. Henderson of the 11th Circuit Court of Appeals. After his clerkships, Segall worked for Gibson, Dunn & Crutcher and the U.S. Department of Justice, before joining the Georgia State faculty in 1991.
Segall teaches federal courts and constitutional law I and II. He is the author of the books Originalism as Faith and Supreme Myths: Why the Supreme Court is not a Court and its Justices are not Judges. His articles on constitutional law have appeared in, among others, the Harvard Law Review Forum, the Stanford Law Review On Line, the UCLA Law Review, the George Washington Law Review, the Washington University Law Review, the University of Pennsylvania Journal of Constitutional Law, the Northwestern University Law Review Colloquy, and Constitutional Commentary among many others.
Segall’s op-eds and essays have appeared in the New York Times, the LA Times, The Atlantic, SLATE, Vox, Salon, and the Daily Beast, among others. He has appeared on CNN, Fox News, MSNBC, and France 24 and all four of Atlanta’s local television stations. He has also appeared on numerous local and national radio shows.
Director, Project on Criminal Justice, Cato Institute
Matthew Cavedon is the Director of the Cato Institute’s Project on Criminal Justice. He focuses on reforming plea-driven mass adjudication, ensuring police accountability, and defending constitutional criminal originalism. Cavedon’s scholarship has been published (or is forthcoming in) publications including the Arizona State Law Journal, Cato Supreme Court Review, Seattle University Law Review, and Georgetown Journal of Law and Public Policy. Formerly a Georgia public defender and fellow at the Institute for Justice, Cavedon has taught law school courses on criminal law and procedure, as well as the First Amendment. Cavedon clerked for a U.S. district court and the Supreme Court of Georgia. He came to Cato following a fellowship at the Emory University Center for the Study of Law and Religion.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
F. Elwood and Eleanor Davis Professor Emeritus of Law, The George Washington University Law School
Professor Lupu joined the law school in 1990. After graduating from law school, where he was case editor of the Harvard Law Review, he practiced law with the Boston firm of Hill & Barlow and then joined the law faculty at Boston University, where he taught from 1973 to 1989. During that time, he also served as a visiting professor at Northeastern University and at the University of California, Berkeley. In 1989–90, he was the professor-in-residence on the Appellate Staff of the Civil Division of the U.S. Department of Justice.
Professor Lupu is a nationally recognized scholar in constitutional law, with an emphasis in his writings on the religion clauses of the First Amendment. Together with his colleague Professor Robert Tuttle, Professor Lupu is the co-author of Secular Government, Religious People (Eerdmans Pub. Co., 2014) and many law journal articles.
Attorney General of Virginia
In 2021, Jason Miyares was elected Attorney General and became the first Hispanic-American to hold statewide office in Virginia. From 2015 to 2021, Miyares served in the House of Delegates, and was a conservative voice in Richmond, standing up against the Defund the Police movement and proudly standing with the law enforcement community. Recognized as a “Champion of Free Enterprise” by the Virginia Chamber of Commerce, then-Delegate Miyares consistently opposed higher taxes and regulations that make it hard for small business owners to expand and thrive. Prior to his service in the House of Delegates, Miyares served as a prosecutor (Assistant Commonwealth's Attorney) for the City of Virginia Beach.
Professor of the Practice, Philosophy, McGrath Institute for Church Life, University of Notre Dame
Melissa Moschella is Professor of the Practice in Philosophy at the University of Notre Dame’s McGrath Institute for Church Life. Her work spans the fields of ethics, political philosophy, and law, and her areas of special expertise include natural law theory, biomedical ethics, and the family (especially parental rights). She is the author of To Whom Do Children Belong? Parental Rights, Civic Education and Children’s Autonomy (Cambridge University Press, 2016), and Ethics, Politics, and Natural Law: Principles for Human Flourishing (University of Notre Dame Press, forthcoming Spring 2025). Professor Moschella has also published numerous articles in scholarly journals as well as popular media outlets, including Notre Dame Law Review, The American Journal of Jurisprudence, The Journal of Law and Religion, Bioethics, The Journal of Medical Ethics, The New York Times, USA Today, The Washington Post, The Federalist, and First Things. She was recently awarded the Heritage Foundation’s Freedom and Opportunity Prize. She graduated magna cum laude from Harvard College, earned a Licentiate in Philosophy summa cum laude from the Pontifical University of the Holy Cross, and received her Ph.D. in Political Philosophy from Princeton University.
Associate Dean. Professor of Law, and Val Nolan Faculty Fellow, Maurer School of Law, Indiana University
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.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Senior Fellow, The Civitas Institute, University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Professor of Law, Georgetown University Law Center
Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.
He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitledThe Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.
Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.
Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE). He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Senior Fellow, The Civitas Institute, University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Professor of Law, Georgetown University Law Center
Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.
He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitledThe Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.
Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.
Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE). He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.
Associate, Taft Stettinius & Hollister LLP
Annie is an attorney in Taft’s Litigation practice group. She advises individual and business clients on all aspects of the litigation process.
Prior to joining Taft, Annie clerked for the Honorable Amul Thapar and the Honorable John Nalbandian of the United States Court of Appeals for the Sixth Circuit, as well as the Honorable Justin Walker of the United States Court of Appeals for the DC Circuit.
Partner, Clement & Murphy, PLLC
Erin Murphy is founding partner of Clement & Murphy, PLLC. She is widely recognized as one of the nation’s leading Supreme Court and appellate advocates. She has argued dozens of cases in appellate and trial courts throughout the country, including the Supreme Court and nearly all of the federal courts of appeals. Erin has long been ranked by Chambers & Partners rankings as a leading appellate practitioner, and the National Law Journal has named her one of the nation’s “Outstanding Women Lawyers.” Erin also has an active pro bono practice, through which she has successfully represented many religious organizations and adherents, criminal defendants, asylum applicants, adoptive parents, and more.
Erin is an adjunct professor at her alma mater the Georgetown University Law Center, a member and former officer of the Edward Coke Appellate Inn of Court, and a frequent speaker on topics relating to the Supreme Court and appellate advocacy. In her spare time, Erin serves on the board of directors of Street Law.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Wendell H. Ford Professor of Law, University of Kentucky J. David Rosenberg College of Law
Paul E. Salamanca graduated from Dartmouth College in 1983 and Boston College Law School in 1989, where he was a note editor for the Boston College Law Review and a member of the Order of the Coif.
Professor Salamanca served as a law clerk to Judge David H. Souter of the U.S. Court of Appeals for the First Circuit, and subsequently clerked for Justice Souter on the U.S. Supreme Court. He practiced law with the firm of Debevoise & Plimpton in New York from 1991 to 1994 and was a visiting assistant professor of law at Loyola University School of Law in New Orleans before joining the faculty at the University of Kentucky College of Law in June 1995.
Professor Salamanca writes in the areas of separation of powers, freedom of speech, freedom of religion, and privacy. He has published articles on these subjects in the University of Cincinnati Law Review, the Missouri Law Review, the Georgia Law Review and the Kentucky Law Journal, among other places.
From 2019 until 2021, Professor Salamanca served as a Senior Counsel and then as a Deputy Assistant Attorney General in the Environment and Natural Resources Division (ENRD) of the United States Department of Justice. His duties included supervision of the Natural Resources and Land Acquisition Sections of ENRD.
Judge, U.S. District Court, Eastern District of Kentucky
Judge Gregory F. Van Tatenhove has served as a District Court Judge in the Eastern District of Kentucky since his confirmation by the United States Senate on December 21, 2005. Prior to his appointment to the Court, Judge Van Tatenhove served over four years as the United States Attorney for the Eastern District of Kentucky. He has been an adjunct professor at the College of Law since the Spring Semester of 2017, where he teaches Crime and Punishment: Sentencing Policy and Procedure (LAW 902). Judge Van Tatenhove is presently a member of the University of Kentucky College of Law Board of Visitors as well as the Henry Clay Memorial Foundation board. Past service includes a term as President of the Asbury University Alumni Board and Vice-Chair of the Asbury Board of Trustees. He is also a Member of the Kentucky Bar Association Commission on the Future of Law Practice.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Pardon Me: When Congressional Witnesses Plead the Fifth
John G. Malcolm, Clark Neily, G. Zachary Terwilliger
Congressional committees frequently use their subpoena power to compel witnesses to appear before them and...
Pardon Me: When Congressional Witnesses Plead the Fifth
John G. Malcolm, Clark Neily, G. Zachary Terwilliger
Congressional committees frequently use their subpoena power to compel witnesses to appear before them and...
Can the Federal Government Ban At-Home Distilling?
Thomas Berry, Theodore Cooperstein, Michael D. Pepson, Eric J. Segall
After the U.S. Supreme Court in Morrison v. Olson (1988) and U.S. v. Lopez (1995)...
Courthouse Steps Oral Argument: Barnes v. Felix
Matthew P. Cavedon
In Barnes v. Felix the Supreme Court is set to address a circuit split concerning...
Religious Liberties: Religious Liberty, Parental Rights, and the Challenges Posed by the Transgender Movement
Stuart Kyle Duncan, Ira C. “Chip” Lupu, Jason Miyares, Melissa Moschella, Steve Sanders
State and federal laws in a wide variety of settings tend to support gender transition...
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...
15th Annual Rosenkranz Debate & Luncheon
Richard A. Epstein, Clark Neily, Nicholas Quinn Rosenkranz
The 2023 National Lawyers Convention will take place November 9-11, 2023 at the Mayflower Hotel...
15th Annual Rosenkranz Debate & Luncheon
2023 National Lawyers Convention
Washington, DCPanel Two: Aftermath of Bruen
2023 Kentucky Chapters Conference
Versailles, KYThe Text, History, and Tradition of Economic Liberty in America
Cape Fear Lawyers Chapter
Wilmington, NC