Senior Counsel, Schaerr Jaffe LLP
Ken Klukowski is senior counsel at the law firm Schaerr Jaffe, focusing on constitutional, administrative, and election law, and the federal courts. He has served in politically appointed positions in the U.S. government, including senior counsel in the Civil Division of the U.S. Department of Justice, and prior to that in the White House as special counsel in the Office of Management and Budget. He was also the constitutional rights advisor on the Presidential Transition Team of President Donald J. Trump. In the private sector, he has worked as a senior fellow of the American Constitutional Rights Union, senior counsel at First Liberty Institute, and a legal journalist. He litigates constitutional cases in the U.S. Supreme Court and lower federal courts, and contributes to media coverage of the nation’s highest court and legal issues. Earlier in his career, Klukowski served as special deputy attorney general of Indiana, and worked on faculty at Liberty University School of Law. His academic works have been published by journals such as the Federalist Society’s Harvard Journal of Law & Public Policy, and his columns have appeared in the Wall Street Journal and other national publications. His amicus briefs and nine law review articles have been cited by various federal courts and top legal journals. He has participated in numerous Supreme Court cases, and lectured and debated at 100 law school events nationwide. Klukowski received his bachelor’s degree from the University of Notre Dame, studied history at Arizona State University, earned his law degree from Scalia Law School at George Mason University, and served as a law clerk to Chief Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Director of Policy Studies & Senior Fellow, The Free State Foundation
Seth L. Cooper is Director of Policy Studies & Senior Fellow at The Free State Foundation. His work on federal communications and technology policy at the Free State Foundation began in 2009.
With Randolph May, Mr. Cooper is the co-author of Modernizing Copyright Law for the Digital Age: Constitutional Foundations for Reform (2020) and Constitutional Foundations of Intellectual Property: A Natural Rights Perspective (2015), both published by Carolina Academic Press. Along with Mr. May, Mr. Cooper also co-authored A Reader on Net Neutrality and Restoring Internet Freedom (2018) and #CommActUpdate: A Communications Law Fit for the Digital Age (2017), both published by Free State Foundation Press. He previously contributed to two chapters in Communications Law and Policy in the Digital Age (2012), published by Carolina Academic Press. Mr. Cooper's work has also appeared in such publications as CommLaw Conspectus, the San Jose Mercury News, Forbes.com, the Des Moines Register, the Baltimore Sun, the Washington Examiner, and the Washington Times.
Mr. Cooper previously served as Director to the Telecommunications and Information Technology Task Force at the American Legislative Exchange Council (ALEC). Mr. Cooper served as judicial clerk to the Honorable James Johnson at the Washington State Supreme Court. His co-writings about the Washington Supreme Court have appeared in the Gonzaga Law Review and in Federalist Society publications. He has worked in law and policy staff positions at the Washington State Senate and at the Discovery Institute's Center for Science & Culture. Mr. Cooper is a 2009 Lincoln Fellow at the Claremont Institute. He also has worked in private practice in the State of Washington, handling civil legal matters involving personal injuries, small business, contracts, and wills, trusts, and estates.
Mr. Cooper earned his B.A. degree in Political Science from Pacific Lutheran University and received his J.D. from Seattle University School of Law.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
Professor of Law, Southern Illinois University School of Law
Professor Mark F. Schultz joined the faculty in 2003. He teaches and writes primarily in the area of intellectual property.
Professor Schultz is a frequent author and speaker known for his work on the law and economics of the global intellectual property system. In one of his most influential projects, he worked with the Organization for Economic Cooperation and Development (OECD) to construct a groundbreaking global trade secret protection index (the TSPI). The TSPI is influencing policy discussions on this cutting-edge topic in capitals around the world. Other recent projects have included an empirical study that quantified for the first time the backlogs in patent offices worldwide, a report on how patented innovation is meeting global health challenges, and the construction of a new global index of copyright strength.
Professor Schultz is an influential voice in public policy debates regarding intellectual property. He has testified before the U.S. Congress on copyright law at the invitation of the House Judiciary Committee and has briefed the staff of the U.S. Senate Judiciary Committee on trade secret legislation. He speaks frequently around the world about the connection between secure and effective intellectual property rights and flourishing national economies and individual lives, with invitations from the U.S. Patent and Trademark Office, the U.S. Trade Representative, and the U.S. Copyright Office, as well as numerous academic institutions, think tanks, and industry groups. He served as an NGO delegate to the World Intellectual Property Organization (WIPO) for several years during the WIPO Development Agenda talks. He is also one of the organizers of an ongoing multilateral diplomatic dialogue on best practices in national trade secret laws, and is co-founder of the Center for Protection of Intellectual Property (CPIP) at George Mason University in Washington, D.C.
Among the awards and recognition he has received for his scholarship was the School of Law's Outstanding Scholar of the Year award in 2008. He has been a distinguished visiting scholar at the University of Botswana and a visiting professor at DePaul University College of Law.
Professor Schultz graduated with honors from the George Washington University School of Law. Following law school, he was a judicial clerk for the Hon. Daniel M. Friedman of the United States Court of Appeals for the Federal Circuit in Washington, D.C., and the Hon. Eric G. Bruggink of the United States Court of Federal Claims. Prior to joining academia, he practiced law for a decade, serving as outside general counsel to several tech startups and helping technology companies to expand their businesses and commercialize their intellectual property in dozens of countries. He holds a B.A. in International Economics from George Washington University and has done PhD level coursework in development economics at Southern Illinois University.
He is active in leadership roles in local and national organizations. He has served as chair of the Federalist Society's Intellectual Property Practice Group and the AALS Section on Internet and Computer Law. He is an officer of the American Bar Association's International IP Committee of the International Law Section and the American Intellectual Property Law Association’s Trade Secret Law Committee. He currently is chair of the Academic Advisory Board of the Copyright Alliance.
Professor Schultz teaches Copyright Law, Trade Secret Law, Trademark Law, and a senior seminar on Intellectual Property and Global Development. He established and directs both the Specialization in Intellectual Property Law and the IP Semester in Practice Externship Program. He also co-founded a Legal Globalization Class, offered every other year, that takes students to South Africa and Botswana after spending a semester learning about the legal system, culture, history, and politics of southern Africa. The popular course is a once-in-a-lifetime experience that introduces students to leading lawyers, judges, government officials, and human rights advocates, taking them from Cape Town to Johannesburg to Gaborone as well as many popular destinations including game reserves, national parks, the Cape of Good Hope, and the Cradle of Humankind.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Director of Policy Studies & Senior Fellow, The Free State Foundation
Seth L. Cooper is Director of Policy Studies & Senior Fellow at The Free State Foundation. His work on federal communications and technology policy at the Free State Foundation began in 2009.
With Randolph May, Mr. Cooper is the co-author of Modernizing Copyright Law for the Digital Age: Constitutional Foundations for Reform (2020) and Constitutional Foundations of Intellectual Property: A Natural Rights Perspective (2015), both published by Carolina Academic Press. Along with Mr. May, Mr. Cooper also co-authored A Reader on Net Neutrality and Restoring Internet Freedom (2018) and #CommActUpdate: A Communications Law Fit for the Digital Age (2017), both published by Free State Foundation Press. He previously contributed to two chapters in Communications Law and Policy in the Digital Age (2012), published by Carolina Academic Press. Mr. Cooper's work has also appeared in such publications as CommLaw Conspectus, the San Jose Mercury News, Forbes.com, the Des Moines Register, the Baltimore Sun, the Washington Examiner, and the Washington Times.
Mr. Cooper previously served as Director to the Telecommunications and Information Technology Task Force at the American Legislative Exchange Council (ALEC). Mr. Cooper served as judicial clerk to the Honorable James Johnson at the Washington State Supreme Court. His co-writings about the Washington Supreme Court have appeared in the Gonzaga Law Review and in Federalist Society publications. He has worked in law and policy staff positions at the Washington State Senate and at the Discovery Institute's Center for Science & Culture. Mr. Cooper is a 2009 Lincoln Fellow at the Claremont Institute. He also has worked in private practice in the State of Washington, handling civil legal matters involving personal injuries, small business, contracts, and wills, trusts, and estates.
Mr. Cooper earned his B.A. degree in Political Science from Pacific Lutheran University and received his J.D. from Seattle University School of Law.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
Professor of Law, Southern Illinois University School of Law
Professor Mark F. Schultz joined the faculty in 2003. He teaches and writes primarily in the area of intellectual property.
Professor Schultz is a frequent author and speaker known for his work on the law and economics of the global intellectual property system. In one of his most influential projects, he worked with the Organization for Economic Cooperation and Development (OECD) to construct a groundbreaking global trade secret protection index (the TSPI). The TSPI is influencing policy discussions on this cutting-edge topic in capitals around the world. Other recent projects have included an empirical study that quantified for the first time the backlogs in patent offices worldwide, a report on how patented innovation is meeting global health challenges, and the construction of a new global index of copyright strength.
Professor Schultz is an influential voice in public policy debates regarding intellectual property. He has testified before the U.S. Congress on copyright law at the invitation of the House Judiciary Committee and has briefed the staff of the U.S. Senate Judiciary Committee on trade secret legislation. He speaks frequently around the world about the connection between secure and effective intellectual property rights and flourishing national economies and individual lives, with invitations from the U.S. Patent and Trademark Office, the U.S. Trade Representative, and the U.S. Copyright Office, as well as numerous academic institutions, think tanks, and industry groups. He served as an NGO delegate to the World Intellectual Property Organization (WIPO) for several years during the WIPO Development Agenda talks. He is also one of the organizers of an ongoing multilateral diplomatic dialogue on best practices in national trade secret laws, and is co-founder of the Center for Protection of Intellectual Property (CPIP) at George Mason University in Washington, D.C.
Among the awards and recognition he has received for his scholarship was the School of Law's Outstanding Scholar of the Year award in 2008. He has been a distinguished visiting scholar at the University of Botswana and a visiting professor at DePaul University College of Law.
Professor Schultz graduated with honors from the George Washington University School of Law. Following law school, he was a judicial clerk for the Hon. Daniel M. Friedman of the United States Court of Appeals for the Federal Circuit in Washington, D.C., and the Hon. Eric G. Bruggink of the United States Court of Federal Claims. Prior to joining academia, he practiced law for a decade, serving as outside general counsel to several tech startups and helping technology companies to expand their businesses and commercialize their intellectual property in dozens of countries. He holds a B.A. in International Economics from George Washington University and has done PhD level coursework in development economics at Southern Illinois University.
He is active in leadership roles in local and national organizations. He has served as chair of the Federalist Society's Intellectual Property Practice Group and the AALS Section on Internet and Computer Law. He is an officer of the American Bar Association's International IP Committee of the International Law Section and the American Intellectual Property Law Association’s Trade Secret Law Committee. He currently is chair of the Academic Advisory Board of the Copyright Alliance.
Professor Schultz teaches Copyright Law, Trade Secret Law, Trademark Law, and a senior seminar on Intellectual Property and Global Development. He established and directs both the Specialization in Intellectual Property Law and the IP Semester in Practice Externship Program. He also co-founded a Legal Globalization Class, offered every other year, that takes students to South Africa and Botswana after spending a semester learning about the legal system, culture, history, and politics of southern Africa. The popular course is a once-in-a-lifetime experience that introduces students to leading lawyers, judges, government officials, and human rights advocates, taking them from Cape Town to Johannesburg to Gaborone as well as many popular destinations including game reserves, national parks, the Cape of Good Hope, and the Cradle of Humankind.
Senior Attorney, Pacific Legal Foundation
Brian Hodges is a Senior Attorney at PLF’s Pacific Northwest office in Bellevue, Washington. Brian focuses his practice on defending of the right of individuals to make reasonable use of their property, free of unnecessary and oppressive regulations.
In 2013, Brian second-chaired Koontz v. St. Johns River Water Management District before the U.S. Supreme Court, a case that placed constitutional limits on the government’s common practice of demanding that landowners fund unrelated public projects in exchange for a permit approval. And in the 2008 case, Citizens’ Alliance for Property Rights v. Sims, Brian successfully challenged a Seattle-area ordinance that required all rural property owners to dedicate at least half their land as conservation areas as a mandatory condition of any new development without any showing that rural development would impact the environment.
Brian graduated from Seattle University of Law in 2001 with honors. After which, he served as a judicial clerk at the Washington State Court of Appeals, then entered private practice where he focused on appellate advocacy for several years before joining PLF in 2006.
Brian came to the liberty movement by an uncommon route: the arts. Brian played guitar and keyboards in several Seattle-area bands before eventually studying music composition and literature at the University of Washington—earning two Bachelor’s Degrees and a Master of Arts. Through that experience, he came to firmly believe that the goal of art—indeed, the goal of any creative ambition—is to maximize individual freedom and expression, tempered by personal responsibility and ownership, rather than outside oversight or arbitrary restriction. Carrying that philosophy into law school naturally led him to fight for individual rights.
Senior Attorney, Pacific Legal Foundation
Chris Kieser practices in PLF’s property rights and equality before the law practice groups.
His property rights clients include Cedar Point Nursery, which challenged a California regulation requiring them to allow union organizers to invade their private property, as well as Randall and Kimberley Pavlock, who are fighting back against Indiana’s beachfront land grab along Lake Michigan.
Under equality before the law, Chris represents coalitions of Asian-American parents challenging discriminatory admissions policies for selective K-12 schools in New York City; Montgomery County, Maryland; and Fairfax County, Virginia. He also represents a parent organization in Connecticut challenging a racial quota that prevents many Black and Hispanic students from enrolling at the state’s magnet schools.
Chris has published law review articles in the William & Mary Environmental Law Review and the Federalist Society Review. His op-eds have appeared in the New York Daily News, National Review, The Blaze, the Daily Journal, and SCOTUSblog.
Chris clerked for the Honorable Daniel A. Manion of the United States Court of Appeals for the Seventh Circuit and the Honorable Thomas D. Schroeder of the United States District Court for the Middle District of North Carolina. He holds a B.A., cum laude, from the University of Notre Dame, and graduated magna cum laude from Notre Dame Law School in 2013. At Notre Dame, he was an articles editor of the Notre Dame Law Review.
Growing up on Long Island, Chris developed a deep passion for limited government and individual liberty, arguing with his more numerous progressive classmates. This experience made him deeply skeptical that government tinkering at the expense of individual rights ever works, whether it be denying a property owner the use of his land or a student a seat at her desired school because of her race. He chose PLF because it is the national leader in litigation that furthers individual liberty.
When he’s not working, you’re likely to find Chris rooting for the Mets and Fighting Irish or debating some arcane point of law (because apparently that doesn’t happen enough at work).
Chris is currently licensed to practice in California and admitted to practice before the Supreme Court of the United States, the United States Courts of Appeal for the Second, Seventh, and Ninth Circuits, and the U.S. District Courts for the Eastern and Central Districts of California, the Northern District of Indiana, and the Northern District of Illinois.
John Sullivan has specialized in disparity studies since 1990. In that time he has served as expert witness in six challenges to racial preference programs in public contracting. He has published widely on disparity studies in law and public policy journals and in the Wall Street Journal and the Christian Science Monitor. He testified before a Congressional subcommittee on the only federal government-wide disparity study.
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