Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Martin Luther King Jr. Professor of Law, UC Davis School of Law
Professor Elmendorf works in the areas of property law, election law, statutory interpretation, and administrative law, using both doctrinal and empirical methods. He is an authority on California land-use and housing law, and has also done widely noted work on public understanding of housing markets and opinion about housing policy. His research has been published in numerous top law reviews and political science journals, including the Yale Law Journal, Columbia Law Review, University of Chicago Law Review, New York University Law Review, American Journal of Political Science, Journal of Politics, and Political Analysis. It has also been covered by major media outlets including The Atlantic, The Washington Post, Financial Times, Bloomberg News, and CalMatters.
Elmendorf enjoys translating academic research and legal developments for popular audiences. He’s known for breaking down everything from knotty judicial opinions to pending legislation with long Twitter threads, and he’s written articles and op-eds for The Atlantic, Mother Jones, The New York Times, the Los Angeles Times, and the San Francisco Chronicle. Sometimes these various forms of public engagement come together, as when a Twitter thread about a housing controversy in San Francisco led to invited blog posts and op-eds, which he expanded into a law-review article, which engendered statutory reforms, which begat another Twitter thread and a webinar for practitioners.
Beyond the law school, Elmendorf serves on the advisory board of the Abundance Academic Network, a new initiative of Arnold Ventures to advance policy-minded research on housing, transportation, and clean-energy development. He has also served on working groups and task forces convened by the California Department of Housing and Community Development, and on the Legal Advisory Committee of the California Housing Defense Fund. He is an elected member of the American Law Institute.
Walter E. Meyer Professor of Property and Urban Law, Yale Law School
David Schleicher is the Walter E. Meyer Professor of Property and Urban Law at Yale Law School and is an expert in local government law, land use, federalism, state and local finance, and urban development. His work has been published widely in academic journals and popular outlets. He recently released a new book, "In a Bad State: Responding to State and Local Fiscal Crises," and has co-authored leading casebooks about local government and property law. Professor Schleicher is also the co-host of the hit podcast, “Digging a Hole: The Legal Theory Podcast.”
Professor Schleicher has been called “the ideal legal scholar of cities” (Edward Glaeser, Harvard University), “the leading lawyer on state and city governments” (Lt. Gov. Richard Ravitch ‘58), and “one of the most brilliant and far-ranging political thinkers of his generation.” (Benjamin Wallace-Wells, The New Yorker). In the press, he has been called “the most important thinker we have on the subject of local government” and “ingenious” by National Review and one of the “most interesting writers on land use” by Washington Monthly. His work has been described as “great but old fashioned” by Vox, “interesting” by The Nation, “clever” by The Economist, “neat” by Slate, “startling” by City Observatory, “excellent” by Forbes, and discussed extensively in The New York Times, The New Yorker, The Atlantic, National Affairs and Reuters, among a number of other places.
Schleicher was previously an Associate Professor of Law at George Mason University School of Law, where he won the university’s Teaching Excellence Award. He has also taught at Georgetown, Harvard, and New York University. He is a 2004 graduate of Harvard Law School. He also holds an MSc in Economics from the London School of Economics and an AB in Economics and Government from Dartmouth College.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Attorney, Pacific Legal Foundation
David Deerson is an attorney at Pacific Legal Foundation where he specializes in property rights and constitutional litigation. David has been involved in multiple high-profile cases at PLF. Most notably, he served as a member of the litigation team for Tyler v. Hennepin County, in which the U.S. Supreme Court unanimously ruled that home equity theft violates the Fifth Amendment’s Takings Clause. He earned his J.D. from Vanderbilt University Law School and his B.A. from the University of North Carolina at Chapel Hill.
Judge, United States District Court for the Western District of Kentucky
Prior to joining the bench, Judge Beaton was a Partner at Squire Patton Boggs LLP, where he co-chaired the firm’s Appellate & Supreme Court practice group. Judge Beaton’s represented clients engaged in complex commercial litigation in Federal and State courts, and before administrative agencies. Judge Beaton also served as an adjunct professor at the University of Louisville Brandeis School of Law, where he taught constitutional interpretation. Before joining Squire Patton Boggs, Judge Beaton practiced in the Washington, D.C. office of Sidley Austin, LLP, and also served as a legal fellow with the International Justice Mission in Kampala, Uganda. Upon graduation from law school, Judge Beaton served as a law clerk to Justice Ruth Bader Ginsburg of the United States Supreme Court, and to Judge A. Raymond Randolph of the United States Court of Appeals for the D.C. Circuit. Judge Beaton earned his B.A., summa cum laude, from Centre College, and his J.D. from Columbia Law School, where he served as an Articles Editor on the Columbia Law Review.
Justice, Supreme Court of Tennessee
Justice Sarah Campbell was confirmed to the Tennessee Supreme Court in 2022. She previously served as an Associate Solicitor General in the Tennessee Attorney General’s Office and as an associate at the law firm of Williams & Connolly LLP in Washington, DC. Justice Campbell earned her law degree from Duke University School of Law, a Master of Public Policy degree from Duke University, and her undergraduate degree from the University of Tennessee, where she received the Torchbearer Award. She served as a law clerk for Justice Samuel A. Alito, Jr. on the United States Supreme Court and Judge William H. Pryor Jr. on the U.S. Court of Appeals for the Eleventh Circuit.
Judge, Arizona Court of Appeals, Division One
The Honorable Jennifer M. Perkins began service on the Arizona Court of Appeals, Division One, on October 30, 2017. At the time of her appointment by Governor Douglas Ducey, Judge Perkins was Assistant Solicitor General for the State of Arizona.
Judge Perkins was born in Portales, New Mexico, and primarily raised in Albuquerque. She attended the prestigious Albuquerque Academy from 1988-1995, before moving to Washington D.C. to attend the Elliott School of International Affairs at the George Washington University as a National Merit Scholar. Therafter, she relocated again to Dallas, Texas, and earned her juris doctor from the SMU Dedman School of Law, graduating cum laude in 2002.
Judge Perkins started her career at the law firm of Browning & Peifer (now Peifer, Hanson, Mullins, and Baker) in Albuquerque, New Mexico. While there, she litigated complex commercial matters including class action plaintiff and defense work, and assisted with employment and contract litigation. In 2003, the judge accompanied the Honorable James O. Browning in transitioning to the federal district court bench, serving as his first law clerk.
After her clerkship, Judge Perkins moved to Arizona to work for the Institute for Justice, Arizona Chapter, a public interest law firm. She spent five years with IJ-AZ litigating civil rights cases in Arizona and across the country. In 2009, the judge became Disciplinary Counsel for the Arizona Commission on Judicial Conduct, where she reviewed and prosecuted ethics complaints against state court judges throughout Arizona. After five years serving the state in this capacity, Judge Perkins entered private practice by joining an appellate law firm in Phoenix. While there, she worked on state and federal appeals involving a wide range of legal subjects, including complex business disputes, property rights, judicial ethics, and personal injury matters.
In January 2015, Judge Perkins joined the Office of the Arizona Attorney General to serve as the first Assistant Solicitor General; in that capacity, she was responsible for oversight of Attorney General Opinions and served as ethics counsel to the entire office. In addition to these two primary roles, the judge assisted on a variety of matters including trial and appellate litigation of election-related matters; federal appellate litigation with the Federalism Unit; state criminal appeals; and drafting amicus briefs on behalf of Arizona in state and federal courts.
Associate Justice, New Jersey Supreme Court
Justice Rachel Wainer Apter was nominated by Gov. Phil Murphy and was sworn in as an associate justice on Oct. 21, 2022.
Born on July 22, 1980, Justice Wainer Apter grew up in Rockaway. She graduated from the University of Pennsylvania and received her law degree from Harvard Law School. After law school, she served as a law clerk for U.S. District Judge Jed Rakoff, U.S. Circuit Judge Robert Katzmann, and U.S Supreme Court Associate Justice Ruth Bader Ginsburg.
At the time of her appointment, Justice Wainer Apter was serving as director of the New Jersey Division on Civil Rights. She previously served as counsel to the New Jersey Attorney General and assistant attorney general.
Before joining the Attorney General’s Office, Justice Wainer Apter worked as a senior staff attorney at the American Civil Liberties Union (ACLU) and in the Supreme Court and Appellate practice at Orrick, Herrington & Sutcliffe.
Justice Wainer Apter and her husband have three children.
Attorney, Institute for Justice
Josh Windham is an attorney at the Institute for Justice.
Originally from Charlotte, Josh joined the Institute’s headquarters office in 2016. He received his law degree in 2016 from the University of North Carolina School of Law, where he served as president of the Federalist Society and as judicial extern to the Honorable Robert Numbers in the Eastern District of North Carolina. Josh graduated summa cum laude from North Carolina State University in 2013 with a Bachelor of Arts in History. He is an avid sports fan and dessert lover.
Josh is licensed in North Carolina.
Alida graduated from Duke University with a degree in history and earned her J.D. from the Georgetown University Law Center.
Partner, Wiley Rein LLP
Tom has over 15 years’ experience in private practice and public service at the federal and state levels representing clients in high-stakes appellate and regulatory litigation matters. Tom has argued appeals in the Fourth, Fifth, Ninth, D.C. and Federal Circuits, and the West Virginia Supreme Court of Appeals.
Prior to joining Wiley, Tom was the General Counsel at the Federal Communications Commission (FCC), where he served as the agency’s chief legal officer and briefed dozens of appeals – personally arguing two – in the federal courts of appeals in constitutional and administrative law challenges to the FCC’s orders. Tom managed a team of over 70 attorneys and staff and provided consultation and advice on a wide range of practice areas relating to the FCC’s work, including administrative law, appellate and trial litigation, bankruptcy, ethics, fiscal law, fraud, labor and employment, and public records requests. He has spent his career advising clients on all stages of federal agency rulemaking, adjudication, and litigation, in fields ranging from communications to environmental law to securities to labor and employment. He frequently speaks and writes on legal issues and his articles have appeared in the Wall Street Journal, Washington Post, National Review, Forbes, and Newark Star-Ledger.
Jaime K. Fraser, Esq. is an attorney licensed in New Jersey and Pennsylvania, where she focuses almost exclusively on community association law, particularly collections and construction defect litigation. A New Jersey native, Ms. Fraser graduated from Rutgers-Camden Law School in 2009. While in law school, Jaime was a law clerk in John McCain's presidential campaign and National Coordinator of Law Students for McCain.
Partner, Wiley Rein LLP
Tom has over 15 years’ experience in private practice and public service at the federal and state levels representing clients in high-stakes appellate and regulatory litigation matters. Tom has argued appeals in the Fourth, Fifth, Ninth, D.C. and Federal Circuits, and the West Virginia Supreme Court of Appeals.
Prior to joining Wiley, Tom was the General Counsel at the Federal Communications Commission (FCC), where he served as the agency’s chief legal officer and briefed dozens of appeals – personally arguing two – in the federal courts of appeals in constitutional and administrative law challenges to the FCC’s orders. Tom managed a team of over 70 attorneys and staff and provided consultation and advice on a wide range of practice areas relating to the FCC’s work, including administrative law, appellate and trial litigation, bankruptcy, ethics, fiscal law, fraud, labor and employment, and public records requests. He has spent his career advising clients on all stages of federal agency rulemaking, adjudication, and litigation, in fields ranging from communications to environmental law to securities to labor and employment. He frequently speaks and writes on legal issues and his articles have appeared in the Wall Street Journal, Washington Post, National Review, Forbes, and Newark Star-Ledger.
Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. - China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
State-Level Remedies for the Housing Crisis
James S. Burling, Christopher S. Elmendorf, David Schleicher, Ilya Somin
Many areas of the country are beset by serious housing shortages. State-level regulatory policies...
New Jersey Supreme Court: Private Investors Liable as State Actors for Tax-Foreclosure Takings Under Tyler v. Hennepin County
David Deerson
In its 2023 decision in Tyler v. Hennepin County, the U.S. Supreme Court unanimously held...
Certification of State-Law Questions by Federal Courts
Benjamin Beaton, Sarah Keeton Campbell, Jennifer Perkins, Rachel Wainer Apter
In Lindenberg v. Jackson National Life Ins. Co., 912 F.3d 348 (2018), the Sixth Circuit declared...
State Constitution’s Enhanced Vehicle Search Protections Reaffirmed by New Jersey Supreme Court
Josh Windham
In March, the New Jersey Supreme Court reaffirmed that the New Jersey Constitution provides more...
New Jersey Supreme Court Strikes Down Reorganization of the Council on Affordable Housing
Alida Kass
In a highly anticipated decision, the New Jersey Supreme Court rejected Governor Chris Christie’s attempt...
New Jersey Voters Overwhelmingly Approve Constitutional Amendment to Overturn Judicial Pensions Case
Thomas M. Johnson
On Election Day 2012, New Jersey voters overwhelmingly approved the New Jersey Judicial Salary...
New Jersey Supreme Court Rules Homeowners' Association's Sign Restriction on the Interior of a Unit Is Unconstitutional
Jaime K. Fraser
On June 13, 2012, the Supreme Court of New Jersey affirmed the appellate division’s ruling...
Legislative Authority to Adjust Judicial Benefits Under the New Jersey Constitution
Thomas M. Johnson
The Federalist Society for Law and Public Policy Studies is an organization of 40,000 lawyers,...
Gay Marriage Update: Iowa & Maryland
John Shu
Gay marriage litigation continues throughout the several states. Recently a trial court in Iowa struck...
Gay Marriage in the State Courts: New Jersey
Publius
Gay marriage litigation continues to occur in several states. On October 25, 2006 the Supreme...