Senior Fellow, Center for Energy and Environment, Competitive Enterprise Institute
Marlo Lewis, Jr. is a Senior Fellow at the Competitive Enterprise Institute, where he writes on global warming, energy policy, and other public policy issues. Prior to joining CEI in April 2002, he served as Director of External Relations at the Reason Foundation in Los Angeles, California. During the 106th Congress, Marlo served as Staff Director of the House Government Reform Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs.
His interests include the science, economics, and politics of global warming policy; the precautionary principle; environmentalism and religion; and the moral basis of free enterprise. Marlo has been published in The Washington Times, Investors Business Daily, TechCentralStation, National Review, and Interpretation: A Journal of Political Philosophy. He has appeared on various television and radio programs, and his ideas have been featured in radio commentary by Rush Limbaugh and G. Gordon Liddy.
Before joining CEI for his first tenure with the organization in 1993, Marlo served as Research Director for the grassroots organization, Citizens Against Government Waste. Earlier, he was a Staff Consultant to the House Foreign Affairs Subcommittee on International Economic Policy and Trade, a Special Assistant at the State Department Bureau of Inter-American Affairs and Bureau of International Organization Affairs, and a Visiting Assistant Professor of Political Science at Claremont McKenna College. He holds a Ph.D. in Government from Harvard University and a B.A. in Political Science from Claremont McKenna College.
Daniel Morton-Bentley is a member of the Massachusetts bar and an LL.M student at Suffolk University Law School. He graduated cum laude from Roger Williams University School of Law in Bristol, Rhode Island.
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.
Vice President and Legal Director, National Right to Work Legal Defense and Education Foundation, Inc.
William Messenger is Foundation Vice President and Legal Director. He was a staff attorney for over twenty years and, during that time, represented individuals in numerous cases that sought to expand worker freedom of choice. This includes acting as lead counsel in three cases before the United States Supreme Court. In 2018, Messenger argued Janus v. AFSCME Council 31, where the Supreme Court held it violates the First Amendment for governments and unions to compel individuals to financially support unions and their speech. Originally from Youngstown Ohio, Messenger attended Ohio University as an undergraduate and then the George Washington University School of Law.
Charles E. Rice Professor of Law, Concurrent Professor of Political Science, & Director, de Nicola Center for Ethics and Culture, University of Notre Dame Law School
Professor Carter Snead is one of the world’s leading experts on public bioethics – the governance of science, medicine, and biotechnology in the name of ethical goods. His research explores issues relating to neuroethics, enhancement, human embryo research, assisted reproduction, abortion, and end-of-life decision-making.
He is the author of What It Means to be Human: The Case for the Body in Public Bioethics (Harvard University Press, October 2020), which was named by the Wall Street Journal as one of the “Ten Best Books of 2020;” in his review for the same paper, Yuval Levin called it “among the most important works of moral philosophy produced so far in this century.” In May of 2022, it was listed in The New York Times as one of “Ten Books to Understand the Abortion Debate in the United States.” Snead and the book received the 2021 “Expanded Reason Award” (given by Francisco de Vitoria University (Madrid) and the Joseph Ratzinger/Benedict XVI Vatican Foundation), and has been reviewed and discussed in such publications as the Wall Street Journal, The New York Times, New York Post, USA Today, Bloomberg Opinion, Il Foglio, Christian Post, The Review of Metaphysics, American Journal of Jurisprudence, America Magazine, First Things, The New Atlantis, Plough, The Boston Pilot, Public Discourse, Practical Ethics (Oxford University), Legal Ethics Forum, Church Life Journal, Law & Liberty, Angelus News, Mirror of Justice, Crux, Mars Hill Audio Journal, Mercator Net, BioEdge, Front Porch Republic, The National Catholic Register, The American Conservative, Fare Forward, Catholic World Report, The Gospel Coalition, Chronicles: A Magazine of American Culture, The Human Life Review, Eikon, Salvo, The Catholic Thing, The Daily Signal, and National Review.
Additionally, he has written more than 70 journal articles, book chapters, and essays. His scholarly works appear in such publications as the New York University Law Review, the Harvard Law Review Forum, the Vanderbilt Law Review, Constitutional Commentary, Quaderni Costituzionali (Italy’s premier journal of constitutional law), the Yale Journal of Health Policy, Law and Ethics, the Journal of Medicine and Philosophy, and Political Science Quarterly. He is also the editor of two book series for the University of Notre Dame Press – “Catholic Ideas for a Secular World” and “Notre Dame Studies in Bioethics and Medical Ethics.” Snead teaches Law & Bioethics, Health Law, Torts, and Constitutional Criminal Procedure.
In addition to his scholarship and teaching, Snead has provided advice on the legal and public policy dimensions of bioethical questions to officials in all three branches of the U.S. government, and in several intergovernmental fora. Prior to joining the law faculty at Notre Dame, Snead served as general counsel to The President’s Council on Bioethics (Chaired by Dr. Leon R. Kass), where he was the primary drafter of the 2004 report, “Reproduction and Responsibility: The Regulation of New Biotechnologies.” He has testified in the U.S. House of Representatives on regulatory questions concerning RU-486 (the abortion pill). In 2013, he testified in the Texas state legislature on the constitutionality of a proposed fetal pain bill. Snead led the U.S. government delegation to UNESCO and served as its chief negotiator for the Universal Declaration on Bioethics and Human Rights, adopted in October 2005. He served as the U.S. government’s Permanent Observer to the Council of Europe’s Steering Committee on Bioethics, where he assisted in its efforts to elaborate international instruments and standards for the ethical governance of science and medicine. In conjunction with the American Association for the Advancement of Science, he has lectured to state and federal judges on the uses of neuroimaging in the courtroom. He regularly serves as an expert witness on bioethical matters before federal courts.
In 2008, he was appointed by the director-general of UNESCO to a four-year term on the International Bioethics Committee, a 36-member body of independent experts that advises member states on bioethics, law, and public policy. The IBC is the only bioethics commission in the world with a global mandate. In 2016, he was appointed to the Pontifical Academy for Life, the principal bioethics advisory body to Pope Francis. He is also an elected fellow of The Hastings Center, the oldest independent bioethics research institute in the world.
Snead received his J.D., magna cum laude, from Georgetown University, where he was elected to the Order of the Coif, and his bachelor of arts from St. John’s College in Annapolis, Maryland. He clerked for Judge Paul J. Kelly Jr. of the U.S. Court of Appeals for the Tenth Circuit.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
An Overview and Analysis of the Consumer Financial Protection Bureau
Overview The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”), signed into law...
EPA Regulation of Fuel Economy: Congressional Intent or Climate Coup?
Marlo Lewis
Note from the Editor:1 This paper assesses EPA’s rule setting standards for motor vehicle greenhouse...
Two Guiding Trends in Contemporary Labor and Employment Law: Technology and Fairness
Daniel Morton-Bentley
There are two primary trends guiding contemporary labor and employment law. The first is the...
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...
Overtime Exemption Litigation Targets the Pharmaceutical Industry
Brent D. Knight, Michelle G. Marks
In the last several years, pharmaceutical companies have been targeted by the plaintiffs’ bar for...
Executive Order 13502: Use of Project Labor Agreements for Federal Construction Projects
William L. Messenger
Brought to you by the Labor & Employment Law Practice Group The Federalist Society takes...
Embryonic Stem Cell Research
O. Carter Snead
Brought to you by the Religious Liberties Practice Group The Federalist Society takes no position on particular...
EPA’s Endangerment Rule
Jeffrey Bossert Clark
Brought to you by the Environmental Law & Property Rights Practice GroupThe Federalist Society takes no...
Three Felonies A Day: How the Feds Target the Innocent
State Attorneys General Win Fight to Enforce Roadless Rule
Damien Michael Schiff
In California ex rel. Lockyer v. United States Department of Agriculture,1 the Ninth Circuit Court...