Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Judge, U.S. Court of International Trade
M. Miller Baker was appointed as a Judge of the United States Court of International Trade on December 18, 2019, by President Donald J. Trump. Judge Baker entered on duty on December 20, 2019.
A native of Terrebonne Parish, Louisiana, Judge Baker grew up in Louisiana and Wyoming and attended Louisiana State University. Judge Baker thereafter earned his J.D. from Tulane University Law School and was admitted to the Louisiana bar in 1984 at age 22. After graduating from Tulane, he served as a law clerk to Judge John Malcolm Duhé, Jr., of the United States District Court for the Western District of Louisiana and then for Judge Thomas Gibbs Gee of the United States Court of Appeals for the Fifth Circuit. Following his judicial clerkships, from 1986 until the end of the Reagan Administration on January 20, 1989, Judge Baker served in the Justice Department under Attorneys General Edwin Meese III and Richard Thornburgh, first as an attorney-advisor in the Office of Legal Policy, and later as a special assistant to the Assistant Attorney General for Civil Rights. Judge Baker then entered private practice in Washington, D.C., until 1991. From 1991 to 1993 he served as counsel to Senator Orrin G. Hatch on the staff of the Senate Judiciary Committee.
Following his service on the Judiciary Committee staff, Judge Baker returned to private practice in Washington, D.C., focusing on complex civil litigation involving a wide range of subjects at the law firms of Carr Goodson Warner (1993–2000) and McDermott Will & Emery LLP (2000–2019). At McDermott, Judge Baker co-chaired the firm’s appellate practice group.
When he was in private practice, Judge Baker argued before the Supreme Court, nine of the thirteen federal courts of appeals, and appellate courts in three states and the District of Columbia. In 2009, The American Lawyer named Judge Baker as “Litigator of the Week” for one of his Supreme Court wins. In addition to his appellate practice, Judge Baker litigated in state and federal trial courts in seventeen states and the District of Columbia.
From 1986 to 1995, Judge Baker served as a naval reserve intelligence officer and received an honorable discharge. His duties included serving with an anti-terrorist unit, on the battle staff of an admiral commanding a carrier battle group operating in the North Atlantic during a large NATO exercise in the Cold War, and as a watch officer in the Navy Command Center in the Pentagon during the Persian Gulf War.
In the aftermath of 9/11, Judge Baker testified before the House and Senate Judiciary Committees on constitutional and policy issues associated with continuity of government. He also testified before the Continuity of Government Commission, a bipartisan study commission established by the American Enterprise Institute and the Brookings Institution.
Judge Baker and his wife Margaret have five children, two of whom are active duty military officers.
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.
Former Vice President of the United States
Vice President Richard B. Cheney has had a distinguished career as a businessman and public servant, serving four Presidents and as an elected official. Throughout his service, Mr. Cheney served with duty, honor, and unwavering leadership, gaining him the respect of the American people during trying military times.
Mr. Cheney was born in Lincoln, Nebraska, on January 30, 1941 and grew up in Casper, Wyoming. He earned his bachelor's and master's of arts degrees from the University of Wyoming. His career in public service began in 1969 when he joined the Nixon Administration, serving in a number of positions at the Cost of Living Council, at the Office of Economic Opportunity, and within the White House.
When Gerald Ford assumed the Presidency in August 1974, Mr. Cheney served on the transition team and later as Deputy Assistant to the President. In November 1975, he was named Assistant to the President and White House Chief of Staff, a position he held throughout the remainder of the Ford Administration.
Partner, O'Melveny & Myers LLP
Walter Dellinger is an influential authority on appellate and Supreme Court decisions, lending his experience as a former Solicitor General and decades of legal knowledge to amicus briefs, a multitude of pro bono clients, and public and private companies involved in bet-the-company litigation. A frequent commentator for the Wall Street Journal, Slate, and major television networks, Walter holds the designation of the Douglas B. Maggs Emeritus Professor of Law at Duke University. He was named one of the 100 Most Influential Lawyers in America by the National Law Journal and recognized with a Lifetime Achievement Award from the American Lawyer.
Walter, who formerly served as O’Melveny’s Diversity and Inclusion Partner, helped convince the US Supreme Court that proponents of Proposition 8, California's ban on same-sex marriage, did not have standing to appeal a court order invalidating it. That ruling, Hollingsworth v. Perry, cleared the way for marriage equality in California and eventually nationwide.
Walter served as Assistant Attorney General and head of the Office of Legal Counsel (OLC) from 1993 to 1996. He was acting Solicitor General for the 1996-97 Term of the US Supreme Court. During that time, Walter argued nine cases before the Court, the most by any Solicitor General in more than 20 years. His arguments included cases dealing with physician-assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act, and the constitutionality of remedial services for parochial school children.
Walter has served as Special Counsel to the Board of Directors of the New York Stock Exchange in connection with the NYSE’s transformation into a publicly held company and its acquisition of an electronic trading company.
After serving in early 1993 in the White House as an advisor to the President on constitutional issues, Walter was nominated by the President to be Assistant Attorney General. He was confirmed by the Senate in October 1993 and served for three years. As head of the OLC, Walter issued opinions on a wide variety of issues, including: the President's authority to deploy United States forces in Haiti and Bosnia; whether the trade agreements required treaty ratification; and a major review of separation of powers questions. He provided extensive legal advice on questions arising out of the shutdown of the federal government, on national debt ceiling issues, and on loan guarantees for Mexico.
Walter has published articles on constitutional issues for scholarly journals including the Harvard Law Review, the Yale Law Journal, and the Duke Law Journal, and has written for the New York Times, the Washington Post, Newsweek, the New Republic, and the London Times. He has been a visiting professor at the Catholic University of Belgium and has given lectures to university faculties in Florence, Siena, Nuremberg, Copenhagen, Leiden, Utrecht, Tilburg, Mexico, and Rio de Janeiro, and has delivered major lectures at Stanford, Yale, Harvard, Michigan, Berkeley, Penn, Duke, Chicago, and other US law schools. He has testified more than 25 times before committees of Congress.
In private practice, Walter’s arguments before the United States Supreme Court have included Exxon Shipping Co. v. Baker, Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, Alabama v. North Carolina, Hosanna-Tabor v. EEOC, Heller v. District of Columbia, Jackson v. Birmingham School District, Brown v. Legal Foundation of Washington, US Airways v. Barnett, Utah v. Evans, Hunt v. Cromartie, and Hunt v. Easley. His most notable Court of Appeals and state supreme court arguments include Martha Stewart v. United States, Whiteside v. United States, and Exxon v. Alabama, LCI v. Phillips.
General Counsel, Department of the Army
Mr. Benedict S. Cohen was appointed by President Bush to serve as the General Counsel for the Department of the Army effective on August 4, 2006. Mr. Cohen has twenty years of experience in high-level positions across the federal government, with a principal focus on national security and foreign policy. Prior to his current position, he served as the Managing Executive for Policy and Counselor to Chairman Cox at the U.S. Securities and Exchange Commission, where he focused on legal and policy issues facing the agency and enhancing the Commission’s crisis-management and homeland-security capabilities. Prior to taking this position, he served as staff director of the Committee on Homeland Security of the U.S. House of Representatives, where he managed the transition from select committee to full standing committee status and the passage of authorization legislation for the Department of Homeland Security and of legislation reforming DHS’ homeland security grant program.
Mr. Cohen has also served as Deputy General Counsel (Environment & Installations) for the Defense Department, in which capacity he spearheaded DoD’s Readiness and Range Preservation Initiative, a multifaceted legislative, regulatory, and resource-management program to ensure sustainability of the military’s test and training capabilities and foster better environmental stewardship. He also provided legal support for DoD’s installation initiatives, and served as a principal spokesman for the Department on environmental and installations issues. He has also served in senior positions in the White House Counsel’s Office, the congressional leadership staff, and the Department of Justice, as well as serving in two law firms.
Mr. Cohen graduated from Yale magna cum laude in 1980 with a B.A. in history, and from the University of Chicago Law School in 1983, having served as an Associate Editor of the Law Review. He clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit. He lives in American University Park in Washington, D.C. His wife is an attorney in private practice. He has two children, aged eight and ten.
Scholar in Residence, The Constitution Project
Louis Fisher is Scholar in Residence at the Constitution Project. Previously he worked for four decades at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service, from 1970 to 2006) and Specialist in Constitutional Law (the Law Library, from 2006 to 2010). During his service with CRS he was research director of the House Iran-Contra Committee in 1987, writing major sections of the final report. Fisher's specialties include constitutional law, war powers, budget policy, executive-legislative relations, and judicial-congressional relations.
After completing his doctoral work in political science at the New School for Social Research in 1967, he taught full-time at Queens College for three years. Later he taught part-time at Georgetown University, American University, Catholic University law school, Indiana University, Catholic University, the College of William and Mary law school, and Johns Hopkins University. Currently he is a Visiting Professor at the William and Mary law school.
His books include President and Congress (1972), Presidential Spending Power (1975), The Constitution Between Friends (1978), The Politics of Shared Power (4th ed. 1998), Constitutional Conflicts Between Congress and the President (6th ed. 2014), Constitutional Dialogues (1988),American Constitutional Law (with Katy J. Harriger, 10th ed. 2013), Presidential War Power (3rd ed. 2014), Political Dynamics of Constitutional Law (with Neal Devins, 5th ed. 2011), Congressional Abdication on War and Spending (2000), Religious Liberty in America: Political Safeguards (2002), Nazi Saboteurs on Trial: A Military Tribunal & American Law (2003; 2d ed. 2005), The Politics of Executive Privilege (2004), The Democratic Constitution (with Neal Devins, 2004), Military Tribunals and Presidential Power: American Revolution to the War on Terrorism (2005), In the Name of National Security: Unchecked Presidential Power and the Reynolds Case (2006), The Constitution and 9/11: Recurring Threats to America’s Freedoms (2008), The Supreme Court and Congress: Rival Interpretations (2009), On Appreciating Congress: The People’s Branch (2010), Defending Congress and the Constitution (2011), On the Supreme Court: Without Illusion and Idolatry(2013), and The Law of the Executive Branch: Presidential Power (2014). His textbook in constitutional law is available in two paperbacks:Constitutional Structures: Separation of Powers and Federalism and Constitutional Rights: Civil Rights and Civil Liberties. With Leonard W. Levy he edited the four-volume Encyclopedia of the American Presidency (1994).
He has twice won the Louis Brownlow Book Award (for Presidential Spending Power and Constitutional Dialogues). The encyclopedia he co-edited was awarded the Dartmouth Medal. In 1995 he received the Aaron B. Wildavsky Award “For Lifetime Scholarly Achievement in Public Budgeting” from the Association for Budgeting and Financial Management. In 2006 he received the Neustadt Book Award for Military Tribunals and Presidential Power. In 2011 he received the Walter Beach Pi Sigma Alpha Award from the National Capital Area Political Science Association for strengthening the relationship between political science and public service. In 2012 he received the Hubert H. Humphrey Award from the American Political Science Association in recognition of notable public service by a political scientist. The July 2013 issue of PS: Political Science & Politics includes a symposium on "Law and (Disciplinary) Order: A Dialogue about Louis Fisher, Constitutionalism, and Political Science.
Dr. Fisher has been invited to testify before Congress more than 50 times on such issues as war powers, state secrets privilege, NSA surveillance, executive spending discretion, presidential reorganization authority, Congress and the Constitution, the legislative veto, the item veto, the Gramm-Rudman deficit control act, executive privilege, committee subpoenas, executive lobbying, CIA whistleblowing, covert spending, the pocket veto, recess appointments, the budget process, the balanced budget amendment, biennial budgeting, and presidential impoundment powers.
He has been active with CEELI (Central and East European Law Initiative) of the American Bar Association, traveling to Bulgaria, Albania, and Hungary to assist constitution-writers; participating in CEELI conferences in Washington, D.C. with delegations from Bosnia-Herzegovina, Lithuania, Romania, and Russia; serving on CEELI "working groups" on Armenia and Belarus; and assisted in drafting constitutional amendments for the Kyrgyz Republic. As part of CRS delegations he traveled to Russia and Ukraine to assist on constitutional questions. For the International Bar Association he helped analyze the draft constitutions for Swaziland and Zimbabwe.
He is the author of more than 500 articles in law reviews, political science journals, encyclopedias, books, magazines, and newspapers. He has been invited to speak in Albania, Australia, Belgium, Bulgaria, Canada, China, the Czech Republic, Denmark, England, France, Germany, Greece, Israel, Japan, Macedonia, Malaysia, Mexico, the Netherlands, Oman, the Philippines, Poland, Romania, Russia, Slovenia, South Korea, Sweden, Taiwan, Ukraine, and the United Arab Emirates. The topics include a range of constitutional, political, and institutional issues.
George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs, Emeritus, Hoover Institution
Abraham D. Sofaer was appointed the first George P. Shultz Distinguished Scholar and Senior Fellow at the Hoover Institution in 1994. Named in honor of former US secretary of state George P. Shultz, the appointment is awarded to a senior scholar whose broad vision, knowledge, and skill will be brought to bear on the problems presented by a radically transformed global environment.
Sofaer's work focuses on the power over war within the US government and on issues related to international law, terrorism, diplomacy, and national security. His most recent books are Taking on Iran: Strength, Diplomacy, and the Iranian Threat(Hoover Institution Press, 2013) and The Best Defense?: Legitimacy and Preventive Force (Hoover Institution Press, 2010).
From 1985 to 1990, he served as a legal adviser to the US Department of State, where he resolved several interstate matters, including the dispute between Egypt and Israel over Taba, the claim against Iraq for its attack on the USS Stark, and the claims against Chile for the assassination of Orlando Letelier. He received the Distinguished Service Award in 1989, the highest state department award given to a non–civil servant.
From 1979 to 1985, Sofaer served as a US district judge in the Southern District of New York. From 1969 to 1979, he was a professor of law at Columbia University School of Law and wrote War, Foreign Affairs, and Constitutional Power: The Origins.From 1967 to 1969, he was an assistant US attorney in the Southern District of New York, after clerking for Judge J. Skelly Wright on the US Court of Appeals in Washington, DC, and the Honorable William J. Brennan Jr. on the US Supreme Court. He practiced law at Hughes, Hubbard and Reed from 1990 to 1994.
A veteran of the US Air Force, Sofaer received an LLB degree from New York University School of Law in 1965, where he was editor in chief of the law review. He holds a BA in history from Yeshiva College (1962). Sofaer is a founding trustee of the National Museum of Jazz in Harlem and a member of the board of the Koret Foundation.
His research papers are available at the Hoover Institution Archives.
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.
Retired Partner, Sullivan & Cromwell LLP
Upon his resignation as the Legal Adviser of the U.S. Department of State in January 1993, Mr. Williamson rejoined Sullivan & Cromwell's Washington, D.C. office. He originally joined the Firm in 1964 after graduating from New York University School of Law, where he was an editor of the Law Review. He became a partner of the Firm in 1971, moved to its London office in 1976, returned to its New York office in 1979, moved to its Washington, D.C. office in 1988 and became Of Counsel in 2007. In 2018, he retired from the firm.
At Sullivan & Cromwell, Mr. Williamson engaged in a broad and wide-ranging domestic and international financing and transactions practice, as well as advice with respect to corporate governance issues, the United States’ economic sanctions laws, the ethics rules applicable to government officials and the immunities of foreign sovereigns and international organizations.
Mr. Williamson has been an active participant on panels and other forums involving public international law and national security issues, such as the domestic and international bases for the use of force, the role of the United States with respect to the International Criminal Court, the law of the sea and the application of international legal principles in the war against terrorism.
Mr. Williamson is a member of the Council on Foreign Relations and a former member of the Executive Council of the American Society of International Law, the Executive Committees of the Business and Advisory Committee (BIAC) to the OECD and the U.S. Council for International Business, the United States Advisory Board of NTT DoCoMo, Inc. and the Board of Directors of Triton Oil & Gas Limited.
Mr. Williamson has served on the Boards of Regents and Trustees of the University of the South and as chair of the Board of Regents. He is currently a member of the Board of Directors of the American Council of Trustees and Alumni, a higher education watchdog.
Thomas B. Pahl is the Retired Deputy Director of the CFPB where he served from July 2020 through January 2021. Before his term at the CFPB, Pahl served as Policy Associate Director for Research, Markets, and Regulations beginning in April 2018. Previously, Pahl was the Acting Director of the Bureau of Consumer Protection at the Federal Trade Commission.
From 2013–2016, Tom served as Managing Counsel for the Office of Regulations at the CFPB. He has also held previous roles at the FTC focused on enforcement, rulemaking, and policy on financial services matters, including Assistant Director of the Division of Financial Practices. Pahl received his BA from the College of St. Thomas and his JD from Northwestern University School of Law.
Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Maureen Ohlhausen is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises industry-leading clients on complex antitrust and litigation matters, with a focus on high-profile cases. Sought after for her depth of experience on antitrust and Federal Trade Commission (FTC)-related issues, Maureen is known for her relationships with officials in the U.S. and abroad.
After finishing law school and clerking at the U.S. Court of Appeals for the D.C. Circuit, Maureen joined the FTC in 1997. She held a series of roles at the agency over the next 12 years, rising to the position of Director of the FTC Office of Policy Planning, where she led the agency’s work on e-commerce and headed the FTC’s Internet Access Task Force, which produced an influential report analyzing competition and consumer protection legal issues in the broadband and internet sectors. She then went into private practice at a leading telecommunications law firm, where she headed the FTC practice group.
In 2012, Maureen was confirmed by the Senate as a Commissioner of the FTC and was appointed Acting Chairman in January 2017, a role she held until May 2018. As Acting Chairman, Maureen directed all aspects of the agency’s antitrust work, including merger review, conduct enforcement, and all consumer protection enforcement, with an emphasis on privacy and technology issues. Under her leadership, the FTC won several influential merger challenges in court and reached a number of key digital privacy settlements.
To date, Maureen is the only FTC Commissioner to have received the Robert Pitofsky Lifetime Achievement Award in recognition of her contributions to the FTC.
Following the end of her term at the FTC, and immediately prior to joining Wilson Sonsini, Maureen was chair of the global antitrust and competition practice at Baker Botts, based in that firm’s Washington, D.C., office.
A recognized thought leader, Maureen is a frequent author and speaker, and is often quoted by leading print and broadcast media on antitrust, FTC, and privacy and data security matters. She has published dozens of articles on antitrust, privacy, intellectual property, regulation, FTC litigation, telecommunications, and international law issues in prestigious publications. During her tenure at the FTC and in private practice, she testified more than two dozen times before Congress, including before the Senate Commerce Committee and the House Energy and Commerce Antitrust Sub-Committee. She also testified before the Antitrust Modernization Commission.
Partner, Sidley Austin LLP
BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros. He has also handled a variety of civil and appellate cases in federal court.
From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.
Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.
Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Adjunct Scholar and Former Director, Project On Criminal Justice, Cato Institute
Tim Lynch is an attorney specializing in criminal law, constitutional law, and civil liberties. He is an adjunct scholar at the Cato Institute and the former director of Cato’s Project on Criminal Justice. His research interests include all aspects of constitutional criminal procedure, overcriminalization, the drug war, and police and prosecutorial misconduct. In 2000, he served on the National Committee to Prevent Wrongful Executions. Lynch also prepares amicus briefs before appellate courts and the U.S. Supreme Court in cases involving constitutional rights. He is the editor of In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law” and After Prohibition: An Adult Approach to Drug Policies in the 21st Century.
Lynch has published a variety of articles in both the law journals and in opinion pieces for the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, and other newspapers. He has appeared on The PBS NewsHour, NBC Nightly News, ABC World News Tonight, and C-SPAN’s Washington Journal. Lynch is a member of the Virginia, District of Columbia, and Supreme Court bars. He earned both a BS and a JD from Marquette University.
Mr. Lynch can be reached via his personal website.
Roger Williams University School of Law
Professor Bogus has achieved national prominence in two areas -- (1) tort law, and especially, products liability; and (2) gun control, including issues involving the Second Amendment.
His work in the first area includes Why Lawsuits Are Good for America: Disciplined Democracy, Big Business and the Common Law (NYU Press). His Constitutional Law research proposes the thesis that James Madison wrote the Second Amendment to ensure that the federal government could not subvert the slave system by disarming the militia, on which the South relied for slave control. Professor Bogus has testified before Congress and spoken about and debated these subjects at many venues across the country, including at Harvard, Columbia, Chicago, Stanford, and Vanderbilt law schools, and his writings on these subjects have been published by law reviews, as well as opinion journals such as The Nation and The American Prospect, and newspapers including USA Today, Boston Globe, Washington Times, and the Providence Journal. Most recently, he was interviewed by National Public Radio. One of his interests is how ideology influences the law, and he is presently at work on a biography of William F. Buckley, Jr. and the conservative movement.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
Of Counsel, Erickson & Sederstrom
Professional Positions
Former Member of National Association of Attorneys General Executive Committee (2002)
Member, Society of Attorneys General Emeritus (SAGE)
Washington Legal Foundation, Policy Advisory Board
Federalist Society, Member of the Federalism Subcommittee for Federalism and Separation of Powers
Former Member, TRANSLink Transmission Co., Board of Directors
Former Member, U.S. Chamber of Commerce Federalism Working Group
Former Chair, Nebraska Crime Commission
Honors and Accomplishments
Argued cases in the United States Supreme Court
Phi Beta Kappa
Republican Nominee for U.S. Senate in Nebraska (2000)
Founding Member of the Republican Attorneys General Association
Nebraska Fertilizer and Ag Chemical Institute's Government Official of the Year (2000)
Nebraska Coalition for Victims of Crime's Public Policy Award (1999)
Lincoln Independent Business Association's Business Champion Award (1997)
Lincoln Jaycees Outstanding Young Individual Award (1981)
Prior to Becoming of Counsel to Erickson & Sederstrom, P.C.
Attorney General of Nebraska (1991-2003)
Legal Counsel to the Governor of Nebraska (1979-1983)
University of Nebraska, Lincoln, B.A. (1970)
Harvard Business School, M.B.A. (1974)
Harvard Law School, J.D. (cum laude) (1974)
Partner, Shook, Hardy & Bacon LLP
Victor Schwartz chairs the firm's Public Policy Practice Group, which focuses on integrating litigation, government affairs and public relations. The group seeks to be the vanguard of developing public policy issues that will help improve our civil justice system. Mr. Schwartz also has an active appellate practice and advises product manufacturers on liability prevention, litigation and public relations issues.
Sought by print and broadcast media, Mr. Schwartz is frequently quoted in The Wall Street Journal, The Washington Post and The New York Times. He has appeared on Oprah, 60 Minutes and leading news programs. The Legal Times of Washington has named Mr. Schwartz one of Washington’s Top 30 “Visionary” lawyers, and The National Law Journal named Mr. Schwartz one of the 100 most influential lawyers in the United States in March 2013.
Mr. Schwartz is on the Board of Directors of the Searle Civil Justice Institute at George Mason University School of Law. He is a frequent participant in judicial education programs. Mr. Schwartz serves as General Counsel to the American Tort Reform Association.
Prior to entering the full time practice of law, Mr. Schwartz was a professor and dean at the University of Cincinnati College of Law. He currently serves on the College’s Board of Visitors. In 2012, the College established the Professor Victor E. Schwartz Chair in Tort Law.
Mr. Schwartz, while at the U.S. Department of Commerce, served as chair of the Federal Inter-Agency Task Force on Product Liability, and the Federal Inter-Agency Council on Insurance. He was the principal author of the Uniform Product Liability Act and the Federal Risk Retention Act. He received the Secretary of Commerce’s Award for Professional Excellence.
Mr. Schwartz is co-author of the most widely used torts casebook in the United States, Prosser, Wade and Schwartz’s Torts (12th ed. 2010). He is author of the leading text Comparative Negligence (5th ed. 2010).
Mr. Schwartz has been an advisor for each of the American Law Institute’s (ALI) Restatement (Third) of Torts projects; Products Liability, Apportionment of Liability, and Liability for Physical Injury and Emotional Harm. He is a life member of the ALI.
Mr. Schwartz’s law review articles have analyzed almost every major subject of modern tort and civil justice public policy issues. His articles are frequently cited by both state and federal courts.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
Associate Justice, Supreme Court of the United States
Clarence Thomas, Associate Justice, was born in the Pinpoint community near Savannah, Georgia on June 23, 1948. He attended Conception Seminary from 1967-1968 and received an A.B., cum laude, from Holy Cross College in 1971 and a J.D. from Yale Law School in 1974. He was admitted to law practice in Missouri in 1974, and served as an Assistant Attorney General of Missouri, 1974-1977; an attorney with the Monsanto Company, 1977-1979; and Legislative Assistant to Senator John Danforth, 1979-1981. From 1981–1982 he served as Assistant Secretary for Civil Rights, U.S. Department of Education, and as Chairman of the U.S. Equal Employment Opportunity Commission, 1982-1990. From 1990–1991, he served as a Judge on the United States Court of Appeals for the District of Columbia Circuit. President Bush nominated him as an Associate Justice of the Supreme Court and he took his seat October 23, 1991. He married Virginia Lamp on May 30, 1987 and has one child, Jamal Adeen by a previous marriage.
Monitoring Attorney-Client Communications of Designated Federal Prisoners
Thomas F. Gede, Kent Scheidegger, William G. Otis
Prepared by:Tom Gede, Chair, Criminal Law & Procedure Practice Group, Sacramento, CAKent Scheidegger, Criminal Justice...
Fools, Drunkards, & Presidential Succession
M. Miller Baker
by M. Miller Baker* The terrorist attack on America on September 11, 2001, represents an...
1st Annual Barbara K. Olson Memorial Lecture - Transcript
Theodore B. Olson
THEODORE B. OLSON UNITED STATES SOLICITOR GENERAL As you have been told, the Federalist Society...
Remarks of Vice President Richard Cheney
Richard B. Cheney
Thank you very much. I appreciate the warm welcome. I realize you've adjusted your schedule...
Separation of Powers and Foreign Policy
Walter E. Dellinger, Benedict S. Cohen, Louis Fisher, Abraham D. Sofaer, John C. Yoo, Edwin D. Williamson
Following are excerpts from a panel discussion entitled "Separation of Powers and Foreign Policy" which...
Ban on Charitable Solicitations Likely Unconstitutional
Thomas B. Pahl, Maureen K. Ohlhausen
The Federal Trade Commission recently has obtained remedies in four cases that ban defendants from...
The Future of Miranda and the Exclusionary Rule
Michael O'Neill, Vivian Berger, Bradford A. Berenson, William G. Otis, Tim Lynch
Following are remarks from a panel discussion sponsored by the Criminal Law & Procedure Practice...
Firearms Litigation, Tort Liability, and the Second Amendment - A Symposium
Carl T. Bogus, John Coale, Nelson Lund, Donald B. Stenberg, Victor E. Schwartz
Editor's Note: At the 1999 National Lawyers Convention in Washington, D.C., the Civil Rights Practice Group...
Aspirin for a "Major Headache?" Scaling Back Relief Under the Alien Tort Claims Act
Donald J. Kochan
The "Headache": An Expanding Scope of Liability Customary international law is increasingly permeating the jurisprudence...
Clarence Thomas Address Before the Federalist Society at the 1999 National Lawyers Convention
Clarence Thomas
Address by Hon. Clarence Thomas, Associate Justice, United States Supreme CourtThank you very much for that...