United States Court of Appeals, Fourth Circuit
James Harvie Wilkinson III is an Article III federal judge on the United States Court of Appeals for the Fourth Circuit. He joined the Court in 1984 after being nominated by President Ronald Reagan.
Born in New York City, New York, Wilkinson graduated from Yale University with his Bachelor's degree in 1967. Wilkinson served in the United States Army from 1968 to 1969 and received his Juris Doctor degree from the University of Virginia School of Law in 1972.
On the recommendation of Virginia U.S. Senator John Warner, Wilkinson was nominated to the United States Court of Appeals for the Fourth Circuit by President Ronald Reagan on January 30, 1984 to a seat vacated by John Butzner, Jr.,. Wilkinson was confirmed by the Senate on August 9, 1984 on a Senate vote and received commission on August 13, 1984. Wilkinson served as the Chief Judge of the Court from 1996 to 2003.
Director, Project for International Religious Liberty, Hudson Institute
Michael J. Horowitz is director of Hudson Institute's Project for Civil Justice Reform and Project for International Religious Liberty. He served as general counsel for the Office of Management and Budget (OMB) under the Reagan Administration, and has taught law at the University of Mississippi and Georgetown. He has also practiced private law as a partner at national law firms. Horowitz joined Hudson Institute as a Senior Fellow where he has put together left-right coalitions on a wide variety of foreign and domestic issues. He has written frequently and is regularly called to testify and consult with Congress.
Shareholder, Greenberg Traurig LLP
Troy A. Eid focuses his litigation, mediation and transactional practice on government enforcement, investigations and compliance, environmental law, energy and natural resource development, and Federal Indian law and Native American and Alaska Native tribal law. Troy is a trusted advocate and mediator in the Rocky Mountain West and in federal, state and tribal trial and appellate courtrooms across the country.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Partner, Willkie Farr & Gallagher LLP
Francis J. Menton, Jr. is a partner in the Litigation Department and Co-Chair of the Business Litigation Practice Group of Willkie Farr & Gallagher LLP in New York. Mr. Menton specializes in complex and technical commercial litigation, principally contract and securities claims. He has a nationwide trial practice, and has tried cases in state and federal courts including Colorado, Kansas, Massachusetts, Michigan, New York, Puerto Rico, Texas, Virginia, and Washington.
Mr. Menton is the author of "New Opportunities for Defendants in Securities Class Actions," Engage (Fall 2007), "Can You Protect Yourself Against Identity Theft?" New York Law Journal (April 29, 2002), and "Top Ten Federal Government Efforts to Suppress Free Speech," Federalist Society Free Speech and Election Law News (Summer 2000, 1999, 1998). He also authored "Evaluating Claims Under The Securities Litigation Reform Act of 1995," New York Law Journal (January 6, 1996).
Ronald Reagan Distinguished Fellow, The Heritage Foundation
Becky Norton Dunlop, a prominent leader, strategist, and counselor in the conservative movement, is The Heritage Foundation’s Ronald Reagan Distinguished Fellow.
Dunlop, who joined the leading think tank in 1998, holds the only policy chair in the country to be officially named for the 40th president. She succeeds Ed Meese, the U.S. attorney general under Reagan, who assumed emeritus status.
Dunlop oversees special projects, travels as an ambassador for Heritage, and works tirelessly to assure that the legacy of principles, policies, and practices represented by the life and service of Ronald Reagan remain in the hearts and minds of Americans.
Previously, Dunlop was Heritage’s vice president for external relations from 1998 until May 2016. She served on the Trump Transition team.
Dunlop was a senior official in the Reagan administration from 1981-1989 inside the White House, at the Justice Department, and at the Interior Department.
She served from 1994-1998 as Secretary of Natural Resources for the Commonwealth of Virginia in the Cabinet of then-Virginia Gov. George Allen.
As political director for the American Conservative Union from 1973- 1977, she was instrumental in organizing grass-roots activists for Reagan’s unsuccessful 1976 race for the Republican nomination and advised his successful 1980 nomination and general election campaigns.
From Reagan’s first inauguration in 1981 to 1985, her White House posts included Deputy Assistant to the President for Presidential Personnel and Special Assistant to the President and Director of his Cabinet office. During Reagan’s second term, Dunlop served as senior special assistant to Meese, then attorney general, in charge of managing Cabinet-level domestic policy issues. She oversaw major policy reports on the environment, the family, federalism, tort reform, privatization, and welfare reform.
She completed her service in the Reagan administration as deputy undersecretary of the Interior Department and as assistant interior secretary for fish, wildlife, and parks.
Dunlop is one of the few of the insiders from the beginnings of the Reagan era who remain active in public policy leadership.
As Virginia’s natural resources chief, Dunlop worked to streamline, decentralize, and down-size agencies while protecting and improving the environment. She is one of the few “free-market environmentalists” to have headed a state agency and put ideas into action. Her book, “Clearing the Air” (Alexis de Tocqueville Institute, 2000), chronicles some of her experiences in advancing those principles.
In 2002, President George W. Bush appointed her to a part-time post as chairwoman of the Federal Service Impasses Panel. The seven-member panel resolves disputes between federal agencies management and labor unions. Under her leadership, it took on several hundred cases and eliminated backlogs.
Other current leadership roles include the boards of the Virginia Institute for Public Policy, the Reagan Ranch Board of Governors, the Reagan Alumni Association, the Association for American Educators and the AAE Foundation, the Council for National Policy and the American Conservative Union.
In addition to topics addressing conservative principles and their roots in the nation’s founding, Dunlop is a sought-after public speaker on the idea that personnel is policy; on energy, natural resources and the environment (including free market environmentalism); on federalism as a former member of a governor’s Cabinet; Capitalism and the Rule of Law, and on the Reagan administration (including the 40th president’s effective leadership style).
A graduate of Miami University in Ohio, she currently resides in Arlington, Virginia, with her husband, George S. Dunlop. The Dunlops are members of Oakland Baptist Church in Alexandria, Virginia.
J.B. and Maurice C. Shapiro Professor of Public Interest Law; Director of the Environmental Law Advocacy Center; Executive Director, Project for Older Prisoners, The George Washington University Law School
Jonathan Turley is a nationally recognized legal scholar who has written extensively in areas ranging from constitutional law to legal theory to tort law. After a stint at Tulane Law School, Professor Turley joined the GW Law faculty in 1990, and in 1998, became the youngest chaired professor in the school’s history.
He is the founder and executive director of the Project for Older Prisoners (POPS). He has written more than three dozen academic articles that have appeared in a variety of leading law journals including those of Cornell, Duke, Georgetown, Harvard, and Northwestern Universities, among others. He most recently completed a three-part study of the historical and constitutional evolution of the military system.
Professor Turley has served as counsel in some of the most notable cases in the last two decades, including his representation of the Area 51 workers at a secret air base in Nevada; the nuclear couriers at Oak Ridge, Tennessee; the Rocky Flats grand jury in Colorado; Dr. Eric Foretich, the husband in the Elizabeth Morgan custody controversy; and four former U.S. Attorney Generals during the Clinton impeachment litigation. Professor Turley also has served as counsel in a variety of national security and terrorism cases, and has been ranked as one of the top 10 lawyers handling military cases.
He has served as a consultant on homeland security and constitutional issues, and is a frequent witness before the House and Senate on constitutional and statutory issues as well as tort reform legislation. He also is a nationally recognized legal commentator; he ranked 38th in the top 100 most cited ‘public intellectuals’ in a recent study by Judge Richard Posner and was found to be the second most cited law professor in the country.
He is a member of the USA Today board of contributors and the recipient of the “2005 Single Issue Advocate of the Year” – the annual opinion award for the Aspen Institute and The Week magazine. More than 400 of his articles on legal and policy issues regularly appear in national newspapers. He also has worked as the CBS and NBC legal analyst, respectively, during national controversies.
Chief Judge, United States Court of Appeals, Eleventh Circuit
William H. Pryor Jr. serves as Chief Circuit Judge on the United States Court of Appeals for the Eleventh Circuit.
In 2013–18, he served on the United States Sentencing Commission and, in 2017–18, served as Acting Chair.
He has taught as a visiting professor at the University of Alabama School of Law and previously taught as an adjunct professor at the Cumberland School of Law of Samford University.
He served as the 45th Attorney General of Alabama from 1997 to 2004. When he took office, he was the youngest attorney general in the nation. In his reelection, he received the highest percentage of votes of any statewide candidate.
He graduated magna cum laude from Tulane Law School where he finished first in the common-law curriculum and was editor in chief of the Tulane Law Review. He then served as a law clerk for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.
He is a member of The American Law Institute and an Adviser for the RESTATEMENT OF THE LAW THIRD, CONFLICT OF LAWS. He is a coauthor with Bryan Garner, Justices Gorsuch and Kavanaugh, and several other judges of a treatise, THE LAW OF JUDICIAL PRECEDENT. He has published in the Yale Law Journal, Columbia Law Review, Virginia Law Review, Notre Dame Law Review, Harvard Journal of Law & Public Policy, Yale Law & Policy Review, George Mason Law Review, Florida Law Review, Alabama Law Review, Case Western Reserve Law Review, and Tulane Law Review. He has published op-eds in The Wall Street Journal, The New York Times, National Review, and USA Today. He has debated at National Lawyers’ Conventions of the Federalist Society (including on National Public Radio) and at the Oxford Union in the United Kingdom. And he is listed among several “widely admired judicial writers” in Bryan Garner’s The Redbook: A Manual on Legal Style.
He is a member of the Tulane Law School Hall of Fame and has received the Defender of the Constitution Award from the Heritage Foundation, the Jurist of the Year Award from the Texas Review of Law & Politics, and the St. Thomas More Award from the St. Thomas More Society of Atlanta. Judge Pryor is also a proud member of the National Society of the Sons of the American Revolution.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Independent Analyst, None
Allison Hayward most recently served as the Head of Case Selection at the Oversight Board. Previously, she was a Commissioner at the California Fair Political Practices Commission, a Board Member at the Office of Congressional Ethics, and an Assistant Professor of Law at George Mason University School of Law. She also previously worked as Chief of Staff and Counsel in the office of Federal Election Commission Commissioner Bradley A. Smith and practiced election law in California and in Washington DC.
In 1994-1995, Professor Hayward was a judicial clerk for the Honorable Danny J. Boggs, United States Court of Appeal for the Sixth Circuit.
She is a member of the State Bar of California and the District of Columbia Bar.
Partner, Gibson Dunn & Crutcher LLP
Theodore B. Olson is a Partner in Gibson, Dunn & Crutcher’s Washington, D.C. office; a founder of the Firm’s Crisis Management, Sports Law, and Appellate and Constitutional Law Practice Groups.
Mr. Olson was Solicitor General of the United States during the period 2001-2004. From 1981-1984, he was Assistant Attorney General in charge of the Office of Legal Counsel in the U.S. Department of Justice. Except for those two intervals, he has been a lawyer with Gibson, Dunn & Crutcher in Los Angeles and Washington, D.C. since 1965.
Selected by Time magazine in 2010 as one of the 100 most influential people in the world, Mr. Olson is one of the nation’s premier appellate and United States Supreme Court advocates. He has argued 65 cases in the Supreme Court and has prevailed in over 75% of those cases. These include the two Bush v Gore cases arising out of the 2000 presidential election; Citizens United v Federal Election Commission; Hollingsworth v Perry, the case affirming the overturning of California’s Proposition 8, banning same-sex marriages; Murphy v NCAA, overturning a federal law prohibiting states from authorizing sports betting; and U.S. Dept. of Homeland Security v Regents of the Univ. of Calif., challenging the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals (“DACA”). Mr. Olson’s practice is concentrated on appellate and constitutional law, federal legislation, media and commercial disputes, and assisting clients with strategies for the containment, management and resolution of major legal crises. He has handled cases at all levels of state and federal court systems throughout the United States. Mr. Olson co-authored “Redeeming the Dream, the Case for Marriage Equality” with David Boies. Both were featured in HBO’s award-winning documentary, “The Case Against 8.”
Mr. Olson's Supreme Court arguments have included cases involving separation of powers; federalism; voting rights; the Tenth Amendment; the First Amendment; the Equal Protection and Due Process Clauses; jury trial rights; punitive damages; takings of property; the Commerce Clause; administrative law; taxation; criminal law; sports wagering; copyright, patent and antitrust; securities; campaign finance; foreign sovereign immunities; telecommunications; the environment; the internet; the Supremacy Clause; and other federal constitutional and statutory questions. As Solicitor General, during the presidency of George W. Bush, Mr. Olson was the Government's principal advocate in the United States Supreme Court, responsible for supervising and coordinating all appellate litigation of the United States, and a legal adviser to the President and the Attorney General. As Assistant Attorney General for the Office of Legal Counsel during the Reagan Administration, Mr. Olson was the Executive Branch's principal legal adviser, rendering legal guidance to the President and to the heads of the Executive Branch departments on a wide range of constitutional and federal statutory questions, and assisting in formulating and articulating the Executive Branch's position on constitutional issues.
Mr. Olson has served as private counsel to two Presidents, Ronald W. Reagan and George W. Bush, in addition to serving those two Presidents in high-level positions in the Department of Justice. He has twice been awarded the United States Department of Justice's Edmund J. Randolph Award, its highest award for public service and leadership, and also received the Department of Defense's Distinguished Public Service Award, its highest civilian award, for his advocacy in the courts of the United States, including the Supreme Court. He also received the American Bar Association Medal, its highest award for “exceptionally distinguished service by a lawyer or lawyers to the cause of American jurisprudence.” Mr. Olson is to receive the 2021 Jack Valenti Friend of the White House Fellows Award in the Fall of 2021 to be presented by the White House Fellows Foundation and Association.
Mr. Olson is a member of the Commission on White House Fellowships; a member of the Board of Trustees of the Ronald Reagan Presidential Foundation; a member of the Board of Visitors of the Federalist Society; the Board of Directors of the Knight First Amendment Institute at Columbia University; and the 9/11 Pentagon Memorial Foundation. He was a visiting scholar at the National Constitution Center in 2007. He served on the President's Privacy and Civil Liberties Oversight Board from 2006 to 2008; and of the Council of the Administrative Conference of the United States from 2010 to 2020. He was Co-Chair of the Knight Commission on the Information Needs of Communities in a Democracy from 2008-2009, and served two terms on the Board of Directors of the National Center for State Courts.
Mr. Olson is a Fellow of both the American College of Trial Lawyers and the American Academy of Appellate Lawyers. He has been repeatedly listed in legal publications as one of the nation’s leading appellate lawyers. The late New York Times columnist William Safire described Mr. Olson as his generation's "most persuasive advocate" before the Supreme Court and "the most effective Solicitor General in decades.”
Mr. Olson received his law degree in 1965 from the University of California at Berkeley (Boalt Hall) where he was a member of the California Law Review and Order of the Coif. He received his bachelor's degree from the University of the Pacific, where he was recognized as the outstanding graduating student in both forensics and journalism. He has written and lectured extensively on appellate advocacy, oral communication in the courtroom, civil justice reform, and constitutional and administrative law.
President, Norton Regulatory Strategies and Former Secretary, U.S. Department of the Interior
Gale Norton has three decades of experience handling energy, natural resources, and environmental issues. As Secretary of the Interior, 2001-2006, she played a key role in shaping national energy policies. A member of President George W. Bush’s Cabinet, Norton was responsible for managing over 20% of the land area of the United States, a Fortune-500-sized budget, and a workforce of 70,000 employees.
In the face of crises including the September 11th attacks and the War on Terror, increasing domestic energy production became a major focus for Norton’s term. She oversaw lands and offshore areas that produced a third of America's domestic oil, natural gas, and coal. She was actively involved in consideration of the Energy Policy Act of 2005, offshore and onshore oil and gas production, coal mine leasing and reclamation, hydroelectric generation, as well as biomass, wind and geothermal development.
Norton led efforts that resolved 70-year-old interstate disputes on the Colorado River and instituted a west-wide water conservation program. She championed the President's Healthy Forest Initiative and Cooperative Conservation.
Norton returned to Colorado as General Counsel for Royal Dutch Shell Unconventional Oil, 2007-2010. She was a member of Shell’s global legal leadership team, and handled legal, regulatory and governmental issues for Shell’s oil shale and in-situ oil sands projects, primarily in Colorado and Alberta.
As an attorney, Norton has handled multi-billion-dollar and high-profile litigation involving products liability, antitrust, taxation, environmental and constitutional issues, including arguing cases before the US Supreme Court and negotiating one of the largest lawsuit settlements in history. Norton served two terms as the elected Attorney General of Colorado, 1991-1999.
Norton’s background also includes serving as senior counsel at Brownstein, Hyatt & Farber, P.C.; Associate Solicitor of the U.S. Department of the Interior; Assistant to the Deputy Secretary of Agriculture; National Fellow of Stanford University’s Hoover Institution; and Senior Attorney for Mountain States Legal Foundation. Norton has a B.A., J.D. and honorary Ph.D. from the University of Denver, and an honorary Dr. Eng. from the Colorado School of Mines. She has chaired the National Park Foundation and the Migratory Bird Conservation Commission.
Norton is currently a Senior Advisor for Clean Range Ventures, an energy technology venture capital firm. She serves on boards for the Federalist Society, the Reagan Alumni Association, and the University of Colorado Renewable and Sustainable Energy Institute. She and her husband, John Hughes, are avid international travelers, golfers, skiers and outdoor enthusiasts.
Did the Law Cause Columbine?
George Nicholson, Ann Beeson, William F. Kilpatrick, J. Harvie Wilkinson, Michael J. Horowitz, James Rapp, Troy A. Eid
APPEARANCES:JUDGE GEORGE NICHOLSON (Court of Appeals, State of California)PANELISTS:MR. TROY EID (Discussion Leader) (Chief Counsel...
Administrative Crimes: Excerpts of Testimony and Questioning of Bobby Unser
Bobby Unser
[Excerpts of Testimony and Questioning of Bobby Unser Before the Judiciary Committee of the House...
Tough Times for Preferences
Roger B. Clegg
For years, the use of heavy racial and ethnic preferences was the dirty little secret...
Top Ten Government Efforts to Suppress Free Speech, 1997-1998
Francis J. Menton, Matthew Peterson
We Americans may think we have an inalienable right to free speech: the right to...
Smithfield Sidetracks Environmental Regulation Debate
Peter Coppelman, Becky Norton Dunlop, Jonathan R. Turley
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Federalism Revived? The Printz and City of Boerne Decisions
William H. Pryor, John F. Duffy, Gregory G. Katsas, Jeffrey S. Sutton
The following program was sponsored by the Federalism and Separation of Powers Practice Group at...
Election Law Observer
Allison R. Hayward
This column marks the inauguration of a regular feature of the Free Speech & Election...
The ABA and Criminal Justice Issues
INTRODUCTION In 1996, the Federalist Society for Law and Public Policy Studies launched fifteen legal...
Supreme Court Roundup: A Review of October Term 1995
Theodore B. Olson
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Do as I Say, Not as I Do: The Story of Environmental Non-Compliance at Federal Facilities
Gale A. Norton
The old saying, "Do as I say, not as I do," fairly describes the Federal...