Partner-in-Charge Washington, Jones Day
Noel Francisco served as the 47th Solicitor General of the United States in the Trump Administration, from 2017 to 2020. He has argued some of the most important cases the Supreme Court has heard in recent years on a wide array of issues.
For example, as Solicitor General, he argued Trump v. Hawaii, where he successfully defended the president's orders restricting travel from countries deemed to present security risks; Janus v. AFSCME, which upheld the First Amendment rights of public employees who decline to join labor unions; Kisor v. Wilkie, which adopted his argument that the "Auer deference doctrine" should be significantly curtailed but retained in its core applications; Apple Inc. v. Pepper, which addressed whether Apple's App Store customers had standing to sue the company for antitrust violations; Knick v. Township of Scott, which held that property owners could sue state and local governments in federal court to vindicate Fifth Amendment takings claims; and Seila Law LLC v. CFPB, which invalidated restrictions on the president's authority to remove the director of the Consumer Financial Protection Bureau.
He also spearheaded the government's general strategy to seek emergency relief in the appellate courts and the Supreme Court when lower courts issued nationwide injunctions against important government programs.
Noel's service as Solicitor General built on his previous tenure at Jones Day, during which he argued McDonnell v. United States, which reversed the federal bribery conviction of the governor of Virginia; NLRB v. Noel Canning, which limited the president's constitutional recess appointments power; and Zubik v. Burwell, which challenged federal insurance coverage regulations that violated Catholic organizations' religious beliefs.
Partner and Co-Chair, Constitutional and Appellate Law Practice Group, Gibson, Dunn & Crutcher LLP
Allyson N. Ho is a partner in the Dallas office of Gibson, Dunn & Crutcher LLP and co‐chair of the Firm’s nationwide Appellate and Constitutional Law practice group.
Mrs. Ho is “undoubtedly one of the premier appellate lawyers in the United States” (Chambers). She has presented over 100 oral arguments in federal and state courts nationwide, including multiple high‐stakes cases on behalf of business before the U.S. Supreme Court.
Her most significant winning arguments include a U.S. Supreme Court reversal worth billions of dollars for unionized employers in the Sixth Circuit; a U.S. Supreme Court reversal limiting the power of federal regulators; a multi‐billion dollar environmental win in the Fifth Circuit; a multi‐billion dollar commercial victory for the founder of a technology company in the Appellate Division of the New York Supreme Court; a billion dollar environmental win in the Houston Court of Appeals; a nine‐figure commercial victory in the Corpus Christi Court of Appeals; and a nine‐figure arbitration win in the Fifth Circuit.
Among her numerous accolades, Mrs. Ho is one of only a small group of appellate lawyers nationwide, and the only one in Texas, to be nationally ranked by Chambers every year for the past ten years (2012‐21). She is also one of the few appellate lawyers nationwide to be named to the BTI Client Service All‐Stars List, an honor bestowed by the corporate counsel community for lawyers “who stand above all the others in delivering the absolute best in client service.” She is also routinely named as a leading appellate lawyer by Benchmark, The Best Lawyers in America®, The Legal 500, Texas Super Lawyers, and D Magazine.
Mrs. Ho has received the Gregory S. Coleman Outstanding Appellate Lawyer Award (Texas Bar Foundation, June 22, 2018), been named a “Distinguished Leader” (Texas Lawyer, Sep. 1, 2017) and “Appellate MVP” (Law360, Nov. 23, 2015), and been recognized on the “Appellate Hot List” (National Law Journal, Nov. 16, 2015). In addition, she has been profiled in “Texas Powerhouse” (Law360, Aug. 2, 2021), “Texas Appellate Power Couple” (Texas Lawbook, January 7, 2021), “Litigators of the Week” (The American Lawyer, May 8, 2020), “Litigation Powerhouse” (Law360, Aug. 10, 2016), “Supreme Court Insider” (National Law Journal, July 21, 2016), “Supreme Court Specialists, Mostly Male, Dominated Arguments This Term” (National Law Journal, May 11, 2016), “Attorney of the Year Finalist” (Texas Lawyer, Nov. 2, 2015), “Litigation Department of the Year” (Texas Lawyer, June 1, 2015), “Employment Group of the Year” (Law360, Jan. 13, 2015), “A Supreme Month: Lawyer Credits Preparedness in Ability to Argue Two U.S. High Court Cases in Three Weeks” (Texas Lawyer, Dec. 8, 2014), “High Court Debuts for Two Lawyers” (National Law Journal, Nov. 3, 2014), “Women in Business Awards” (Dallas Business Journal, Aug 29, 2014), “Litigation Departments of the Year” (Texas Lawyer, June 2, 2014), “Winning Women” (Texas Lawyer, Aug. 22, 2011), and “High court practitioners: increasingly diverse” (National Law Journal, June 6, 2011).
Federal and State Appellate Practice
Mrs. Ho has argued a series of high stakes, landmark cases on behalf of the business community before the U.S. Supreme Court. National Law Journal called her a “Veteran SCOTUS Advocate” in the “upper echelons of Supreme Court practice.” Law360 named her a “Supreme Court Star” and “one of the nation’s preeminent appellate lawyers.” And EmpiricalSCOTUS.com ranked her among “the most successful attorneys that currently practice before the Court.” Mrs. Ho once argued two significant business cases before the Court within the span of 21 days—including a “significant ruling for employers” that “paved a new path for companies paying millions of dollars in retiree health care benefits” (Law360), as well as a landmark administrative law dispute in which “several justices agreed with Ho’s contention that SCOTUS should revisit and overrule its own precedent” (Law360). She also prevailed against the EEOC in a case that the employment defense bar called “good news for employers across the country.” And in “the most important patent case in modern history” according to patent law experts, her argument before the Court was credited for “pick[ing] up two votes that pundits thought unreachable.”
She has appeared before every federal court of appeals in the country, including en banc arguments before the Fourth and Sixth Circuits. She has successfully represented business clients in every circuit, including the First (Pruco Life Insurance Company), Second (Swiss Federation; Rite Aid), Third (Johnson & Johnson), Fourth (Genex Services), Fifth (United Space Alliance LLC; Elliott Co.; MERSCORP; 24 Hour Fitness USA, Inc.; Stream Energy; Health Management Systems), Sixth (Deutsche Bank; American Airlines; M&G Polymers), Seventh (Expedia), Eighth (Cotter), Ninth (Boeing; JP Morgan Chase Bank), Tenth (Mitchell International), Eleventh (AstraZeneca), D.C. (FedEx), and Federal (Repros Therapeutics) Circuits.
In addition, Mrs. Ho regularly appears in state appellate courts across the country. She has argued numerous cases in the Texas Supreme Court, Texas appellate courts in Dallas, Houston, San Antonio, Corpus Christi, and Eastland, and state appellate courts in Arizona, Michigan, New York, Ohio, Oklahoma, and West Virginia, prevailing on behalf of Ford Motor Company, PepsiCo, International Paper, Tenet, GameStop, Deutsche Bank, and Unit.
Government and Public Service Experience
Mrs. Ho has a distinguished record of experience at the highest levels of the federal government. She served as Special Assistant to President George W. Bush, Counselor to Attorney General John Ashcroft, and law clerk to Justice Sandra Day O’Connor of the U.S. Supreme Court and Judge Jacques L. Wiener Jr. of the U.S. Court of Appeals for the Fifth Circuit.
Her record of public service also includes appointments to various boards and commissions. Among the most notable are her election as a member of the Administrative Conference of the United States, a trustee of the United States Supreme Court Historical Society, and a trustee of the Texas Supreme Court Historical Society. She is also vice chair of the Federal Judicial Evaluation Committee, appointed by U.S. Senators John Cornyn and Ted Cruz to evaluate potential appointments of all federal judges and U.S. Attorneys in Texas, and has previously served on the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas.
Other Background Information
An active pro bono litigator, Mrs. Ho works most frequently with the First Liberty Institute and as amicus counsel for the State and Local Legal Center, the National Organization for Victim Assistance, and the National Crime Victim Law Institute. She is a frequent public speaker and active member of the Federalist Society, the American Law Institute, and the Washington Legal Foundation’s Legal Policy Advisory Board.
Mrs. Ho graduated from Duke University magna cum laude with a B.A. in English, Rice University with an M.A. and Ph.D. in English Literature, and the University of Chicago Law School with high honors. She was a member of the Law Review and Order of the Coif. She and her husband Jim, a federal judge, have a twin daughter and son.
Chair, Issues & Appeals, Hunton Andrews Kurth LLP
The former Solicitor General of West Virginia, Mr. Lin has been on the front lines of many precedent-setting cases in appellate courts across the country, including in a US Supreme Court victory that George Will called “the court’s most severe rebuke of a president” since the Truman administration. Having argued more than 60 appeals, he brings to clients a well-honed ability to identify the most persuasive issues for appeal and a practiced understanding of how best to frame complex legal questions in appellate courts.
With experience in the private sector and multiple branches of government, Mr. Lin’s practice has spanned a wide range of issues, including major questions of constitutional and administrative law at the federal and state levels. On behalf of more than two dozen states, he won a stay from the US Supreme Court of the EPA’s Clean Power Plan. Described by the New York Times as an “unprecedented” order, the stay was the first time the Supreme Court had ever put a regulation on hold before review by a federal appeals court. In that same case, Elbert argued before the en banc DC Circuit in an historic proceeding that one commenter quoted in E&E News compared to “the NBA All-Star Game.” At the state level, Elbert led the effort that persuaded the West Virginia Supreme Court of Appeals to overturn an injunction of the state’s right-to-work law.
In 2013, Mr. Lin was appointed the Solicitor General of West Virginia. During his four-and-a-half year tenure, he served as a member of the Attorney General’s senior management team, oversaw all civil and criminal appeals, and argued nearly two dozen cases in federal and state appellate courts. He authored more than twenty-five briefs in the US Supreme Court and more than forty-five formal Opinions of the Attorney General.
Earlier in his career, Mr. Lin served as a trial attorney in the Federal Programs Branch of the US Department of Justice’s Civil Division, where he received a Special Service Award. He has also been a law clerk at all three levels of the federal judiciary: for Justice Clarence Thomas on the US Supreme Court; for Judge William H. Pryor Jr. on the US Court of Appeals for the Eleventh Circuit; and for Senior Judge Robert E. Keeton on the US District Court for the District of Massachusetts.
Mr. Lin speaks regularly on a wide variety of topics, including constitutional law, administrative law, environmental law, state and federal relations, the US Supreme Court, and appellate practice. He has testified before Congress, and has spoken at the national conventions of the American Bar Association, the Association of Corporate Counsel, the National Asian Pacific American Bar Association, the Federalist Society, Americans for Prosperity, and the American Legislative Exchange Council. He is an elected member of the American Law Institute, a public member of the Administrative Conference of the United States, and a fellow of the American Academy of Appellate Lawyers.
Mr. Lin is admitted to practice in the following federal courts: the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; the District of Massachusetts; the Northern and Southern Districts of West Virginia; and the Eastern and Western Districts of Virginia.
Chairman, Supreme Court and Constitutional Law Practice, Baker Botts LLP
Aaron Streett is the Chairman of Baker Botts’ Supreme Court and Constitutional Law Practice. He has presented oral argument in scores of appeals, covering the U.S. Supreme Court and courts around the country—including over 40 arguments between the Fifth and D.C. Circuits alone. Mr. Streett’s practice involves virtually all substantive areas of the law, including commercial litigation, statutory interpretation, constitutional law, administrative law, securities, and jurisdictional issues. Mr. Streett maintains an active practice in the Supreme Court of the United States, having represented parties in merits cases seven times since 2010, as well as filing numerous amicus and certiorari-stage briefs. Mr. Streett was named one of only six “Appellate MVPs” for 2014 by Law360, which had previously recognized him in 2011 as one of the top five appellate “Rising Stars” under age 40. Mr. Streett has been featured on National Law Journal’s Appellate Hot List three times in recent years and in 2021 was named Houston’s “Lawyer of the Year” for Appellate Practice by Best Lawyers magazine. Mr. Streett is an elected member of the American Law Institute and a fellow of the American Academy of Appellate Lawyers. He serves on the Board of Directors for the Fifth Circuit Bar Association and previously served as President of the Houston Lawyers Chapter of the Federalist Society. Mr. Streett speaks regularly on the Supreme Court and constitutional law to attorneys and law students around the country. Following graduation from Hillsdale College and University of Texas School of Law, Mr. Streett served as a law clerk to the Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and to the Honorable William H. Rehnquist, Chief Justice of the United States.
Partner, Troutman Pepper Hamilton Sanders LLP
Misha leads Troutman Peppers' national appellate and Supreme Court practice. Most recently, he successfully obtained orders from the Supreme Court blocking an unconstitutional restriction on places of worship, as well as overturning a lower court order that had blocked several state election laws. He has also argued and prevailed before the Supreme Court in Gill v. Whitford, one of the most significant redistricting cases in decades, as well as Murr v. Wisconsin, a high-stakes regulatory taking case.
Before joining Troutman, Misha served as Solicitor General of the State of Wisconsin. Misha previously served as a law clerk for the Honorable Anthony M. Kennedy of the Supreme Court, Janice Rogers Brown of the D.C. Circuit, and Alex Kozinski of the 9th Circuit. He graduated from Georgetown University Law Center, where he was President of the Federalist Society Chapter.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Judge, United States Court of Appeals, Third Circuit
David J. Porter is a judge on the United States Court of Appeals for the Third Circuit. He was nominated by President Donald Trump and confirmed on October 11, 2018. Before his appointment, he was a shareholder at Buchanan Ingersoll & Rooney PC, where he practiced commercial and civil litigation. Porter received his bachelor’s degree from Grove City College and his J.D. from the George Mason University School of Law. He clerked for Judge D. Brooks Smith on the United States District Court for the Western District of Pennsylvania.
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Robert A. Schroeder Distinguished Professor of Law, University of Kansas School of Law
Robin Kundis Craig joined the KU Law faculty in July 2024 and serves as the Robert A. Schroeder Distinguished Professor of Law.
Craig specializes in all things water, including the relationships between climate change and water; the water-energy-food nexus; the Clean Water Act; the intersection of water issues and land issues; ocean and coastal law; marine biodiversity and marine protected areas; water law; ecological resilience and the law; climate change adaptation, and the relationships between environmental law and public health. She is the author, co-author, or editor of 12 books, including Re-Envisioning the Anthropocene Ocean (University of Utah Press, 2024, co-edited with Jeffrey M. McCarthy); The End of Sustainability (Kansas University Press 2017, with Melinda Harm Benson); Contemporary Issues in Climate Change Law and Policy (Environmental Law Institute 2016, with Stephen Miller); Comparative Ocean Governance: Place- Based Protections in an Era of Climate Change (Edward Elgar 2012); and The Clean Water Act and the Constitution (Environmental Law Institute 2nd Ed. 2009), as well as textbooks for Environmental Law, Water Law and Toxic Torts. She has also written more than100 law review articles and book chapters in both legal and scientific publications.
In recognition of her work on these topics, Craig was elected to membership in the American Law Institute (2015) and the American College of Environmental Lawyers (2019) and has been appointed to the International Union for the Conservation of Nature’s World Commission on Environmental Law and to the Center for Progressive Reform. She has served on six National Academy of Sciences committees that evaluated Florida Everglades restoration, implementation of the Edwards Aquifer Habitat Conservation Plan and application of the Clean Water Act to the Mississippi River. She has consulted on water quality issues with the government of Victoria, Australia, and the Council on Environmental Cooperation in Montreal, Quebec, Canada, and she was one of 12 marine educators chosen to participate in a 2010 program in the Papahanamokuakea Marine National Monument, spending a week on Midway Atoll. She was also a principal researcher in a four-year grant project on Adaptive Water Governance sponsored by the National Social-Ecological Synthesis Center with money from the National Science Foundation. In 2018, Craig was named a William Evans Visiting Research Fellow at the University of Otago, Dunedin, New Zealand. In 2017, the Rockefeller Foundation awarded her a Bellagio Center Writing Residency fellowship, allowing her to spend four weeks on Lake Como, Italy, working on a new book project on Re-Envisioning the Anthropocene Oceans, and in 2016 she was a Research Fellow at the University of Tasmania, Hobart, Australia.
Craig is an active participant in several national organizations, including the American Bar Association Section on Environment, Energy and Resources (ABA SEER), where she currently serves on the editorial board of Natural Resources & Environment; the Foundation for Natural Resources and Environmental Law, where she co-chairs the Natural Resources Law Teachers Committee; and the Association of American Law Schools (AALS), where she has chaired the Maritime Law Section, the Natural Resources Law Section and the Environmental Law Section. She has also served as a consultant to the Environmental Defense Fund and the River Network’s Nutrient Task Force. Craig serves on the Editorial Boards of Coastal and Ocean Management and Ecology & Society, as a Specialty Chief Editor of Frontiers Climate: Climate Law and Policy and as a Guest Associate Editor for Frontiers Climate: Risk Management on the topic of “Climate Change Adaptation as Risk Management.”
Craig earned her J.D. summa cum laude in 1996 from the Lewis & Clark School of Law in Portland, Oregon, with a Certificate in Environmental Law; her Ph.D. in English/Literature and Science in 1993 from the University of California, Santa Barbara; her M.A. in Writing About Science in 1986 from the Johns Hopkins University; and her B.A. cum laude in English/Writing in 1985 from Pomona College in Claremont, California. While in law school, she worked for the Oregon Department of Justice in its General Counsel Division, Natural Resources Section, representing the state’s environmental and natural resources agencies. After law school, she clerked for Judge Robert E. Jones at the U.S. District Court for the District of Oregon before starting her law teaching career as a Visiting Assistant Professor at the Lewis & Clark School of Law. Before arriving at KU in 2024, Craig held tenure-track positions at the Western New England College School of Law, Indiana University—Indianapolis School of Law (where she first received tenure), the Florida State University School of Law, the University of Utah S.J. Quinney School of Law and USC’s Gould School of Law. She has visited at the Lewis & Clark School of Law, Vermont Law School, the University of Hawaii School of Law and the University of Tasmania Faculty of Law. At Kansas, Craig teaches Environmental Law, Water Law, Ocean & Coastal Law, Toxic Torts and Civil Procedure.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Robert A. Schroeder Distinguished Professor of Law, University of Kansas School of Law
Robin Kundis Craig joined the KU Law faculty in July 2024 and serves as the Robert A. Schroeder Distinguished Professor of Law.
Craig specializes in all things water, including the relationships between climate change and water; the water-energy-food nexus; the Clean Water Act; the intersection of water issues and land issues; ocean and coastal law; marine biodiversity and marine protected areas; water law; ecological resilience and the law; climate change adaptation, and the relationships between environmental law and public health. She is the author, co-author, or editor of 12 books, including Re-Envisioning the Anthropocene Ocean (University of Utah Press, 2024, co-edited with Jeffrey M. McCarthy); The End of Sustainability (Kansas University Press 2017, with Melinda Harm Benson); Contemporary Issues in Climate Change Law and Policy (Environmental Law Institute 2016, with Stephen Miller); Comparative Ocean Governance: Place- Based Protections in an Era of Climate Change (Edward Elgar 2012); and The Clean Water Act and the Constitution (Environmental Law Institute 2nd Ed. 2009), as well as textbooks for Environmental Law, Water Law and Toxic Torts. She has also written more than100 law review articles and book chapters in both legal and scientific publications.
In recognition of her work on these topics, Craig was elected to membership in the American Law Institute (2015) and the American College of Environmental Lawyers (2019) and has been appointed to the International Union for the Conservation of Nature’s World Commission on Environmental Law and to the Center for Progressive Reform. She has served on six National Academy of Sciences committees that evaluated Florida Everglades restoration, implementation of the Edwards Aquifer Habitat Conservation Plan and application of the Clean Water Act to the Mississippi River. She has consulted on water quality issues with the government of Victoria, Australia, and the Council on Environmental Cooperation in Montreal, Quebec, Canada, and she was one of 12 marine educators chosen to participate in a 2010 program in the Papahanamokuakea Marine National Monument, spending a week on Midway Atoll. She was also a principal researcher in a four-year grant project on Adaptive Water Governance sponsored by the National Social-Ecological Synthesis Center with money from the National Science Foundation. In 2018, Craig was named a William Evans Visiting Research Fellow at the University of Otago, Dunedin, New Zealand. In 2017, the Rockefeller Foundation awarded her a Bellagio Center Writing Residency fellowship, allowing her to spend four weeks on Lake Como, Italy, working on a new book project on Re-Envisioning the Anthropocene Oceans, and in 2016 she was a Research Fellow at the University of Tasmania, Hobart, Australia.
Craig is an active participant in several national organizations, including the American Bar Association Section on Environment, Energy and Resources (ABA SEER), where she currently serves on the editorial board of Natural Resources & Environment; the Foundation for Natural Resources and Environmental Law, where she co-chairs the Natural Resources Law Teachers Committee; and the Association of American Law Schools (AALS), where she has chaired the Maritime Law Section, the Natural Resources Law Section and the Environmental Law Section. She has also served as a consultant to the Environmental Defense Fund and the River Network’s Nutrient Task Force. Craig serves on the Editorial Boards of Coastal and Ocean Management and Ecology & Society, as a Specialty Chief Editor of Frontiers Climate: Climate Law and Policy and as a Guest Associate Editor for Frontiers Climate: Risk Management on the topic of “Climate Change Adaptation as Risk Management.”
Craig earned her J.D. summa cum laude in 1996 from the Lewis & Clark School of Law in Portland, Oregon, with a Certificate in Environmental Law; her Ph.D. in English/Literature and Science in 1993 from the University of California, Santa Barbara; her M.A. in Writing About Science in 1986 from the Johns Hopkins University; and her B.A. cum laude in English/Writing in 1985 from Pomona College in Claremont, California. While in law school, she worked for the Oregon Department of Justice in its General Counsel Division, Natural Resources Section, representing the state’s environmental and natural resources agencies. After law school, she clerked for Judge Robert E. Jones at the U.S. District Court for the District of Oregon before starting her law teaching career as a Visiting Assistant Professor at the Lewis & Clark School of Law. Before arriving at KU in 2024, Craig held tenure-track positions at the Western New England College School of Law, Indiana University—Indianapolis School of Law (where she first received tenure), the Florida State University School of Law, the University of Utah S.J. Quinney School of Law and USC’s Gould School of Law. She has visited at the Lewis & Clark School of Law, Vermont Law School, the University of Hawaii School of Law and the University of Tasmania Faculty of Law. At Kansas, Craig teaches Environmental Law, Water Law, Ocean & Coastal Law, Toxic Torts and Civil Procedure.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
United States Senator, Utah
Elected in 2010 as Utah's 16th Senator, Mike Lee has spent his career defending the basic liberties of Americans and Utahns as a tireless advocate for our founding constitutional principles.
Senator Lee acquired a deep respect for the Constitution early on. His father, Rex Lee, who served as the Solicitor General under President Ronald Reagan, would often discuss varied aspects of judicial and constitutional doctrine around the kitchen table, from Due Process to the uses of Executive Plenary Power. He attended most of his father's arguments before the U.S. Supreme Court, giving him a unique, hands-on experience and understanding of government up close.
Lee graduated from Brigham Young University with a Bachelor of Science in Political Science, and served as BYU's Student Body President in his senior year. He graduated from BYU's Law School in 1997 and went on to serve as law clerk to Judge Dee Benson of the U.S. District Court for the District of Utah, and then with future Supreme Court Justice Judge Samuel A. Alito, Jr. on the U.S. Court of Appeals for the Third Circuit.
Lee spent several years as an attorney with the law firm Sidley & Austin specializing in appellate and Supreme Court litigation, and then served as an Assistant U.S. Attorney in Salt Lake City arguing cases before the U.S. Court of Appeals for the Tenth Circuit.
Lee served the state of Utah as Governor Jon Huntsman's General Counsel and was later honored to reunite with Justice Alito, now on the Supreme Court, for a one-year clerkship. He returned to private practice in 2007.
Throughout his career, Lee earned a reputation as an outstanding practitioner of the law based on his sound judgment, abilities in the courtroom, and thorough understanding of the Constitution.
Today, Lee fights to preserve America's proud founding document in the United States Senate. He advocates efforts to support constitutionally limited government, fiscal responsibility, individual liberty, and economic prosperity.
Lee is a member of the Judiciary Committee, and serves as Chairman of the Antitrust, Competition Policy and Consumer Rights Subcommittee protecting business competition and personal freedom.
He also oversees issues critical to Utah as the Chairman of the Water and Power Subcommittee of the Energy and Natural Resources Committee. He serves on the Commerce Committee and the Joint Economic Committee, as well.
In the 114th Congress, Lee also began his tenure as Chairman of the Senate Steering Committee, where he works with his Republican colleagues in the Senate to introduce bold and innovative solutions to issues facing the American people.
Lee and his wife Sharon live in Alpine, Utah, with their three children. He is a member of The Church of Jesus Christ of Latter-day Saints and served a two-year mission for the Church in the Texas Rio Grande Valley.
Chief Judge, United States Court of Appeals, Eleventh Circuit
William H. Pryor Jr. serves as Chief Circuit Judge on the United States Court of Appeals for the Eleventh Circuit.
In 2013–18, he served on the United States Sentencing Commission and, in 2017–18, served as Acting Chair.
He has taught as a visiting professor at the University of Alabama School of Law and previously taught as an adjunct professor at the Cumberland School of Law of Samford University.
He served as the 45th Attorney General of Alabama from 1997 to 2004. When he took office, he was the youngest attorney general in the nation. In his reelection, he received the highest percentage of votes of any statewide candidate.
He graduated magna cum laude from Tulane Law School where he finished first in the common-law curriculum and was editor in chief of the Tulane Law Review. He then served as a law clerk for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.
He is a member of The American Law Institute and an Adviser for the RESTATEMENT OF THE LAW THIRD, CONFLICT OF LAWS. He is a coauthor with Bryan Garner, Justices Gorsuch and Kavanaugh, and several other judges of a treatise, THE LAW OF JUDICIAL PRECEDENT. He has published in the Yale Law Journal, Columbia Law Review, Virginia Law Review, Notre Dame Law Review, Harvard Journal of Law & Public Policy, Yale Law & Policy Review, George Mason Law Review, Florida Law Review, Alabama Law Review, Case Western Reserve Law Review, and Tulane Law Review. He has published op-eds in The Wall Street Journal, The New York Times, National Review, and USA Today. He has debated at National Lawyers’ Conventions of the Federalist Society (including on National Public Radio) and at the Oxford Union in the United Kingdom. And he is listed among several “widely admired judicial writers” in Bryan Garner’s The Redbook: A Manual on Legal Style.
He is a member of the Tulane Law School Hall of Fame and has received the Defender of the Constitution Award from the Heritage Foundation, the Jurist of the Year Award from the Texas Review of Law & Politics, and the St. Thomas More Award from the St. Thomas More Society of Atlanta. Judge Pryor is also a proud member of the National Society of the Sons of the American Revolution.
Judge, United States Court of Appeals, Fifth Circuit
Andrew Oldham is a Circuit Judge on the United States Court of Appeals for the Fifth Circuit. Before ascending to the bench, Judge Oldham served as General Counsel to Texas Governor Greg Abbott, where he advised the Governor on a range of issues under federal and state law and managed litigation in which the Governor was an interested party. Before that he served as Deputy Solicitor General for the State of Texas, where he represented Texas in federal courts across the country, including twice before the United States Supreme Court. Before moving to Texas, Judge Oldham was an attorney at Kellogg Hansen Todd Figel & Frederick in Washington, D.C. His practice focused on appellate litigation in federal courts of appeals throughout the country. Before entering private practice, Judge Oldham served as a law clerk to Justice Samuel A. Alito, Jr., at the Supreme Court of the United States and to Judge David B. Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit. He also worked as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice from 2006 to 2008. Judge Oldham earned a B.A. from the University of Virginia with highest honors, a Truman Scholarship for graduate school, an M. Phil., first class (with distinction), from Cambridge University, and a J.D., magna cum laude, from Harvard Law School.
Judge, United States Court of Appeals, Sixth Circuit
Amul R. Thapar serves as a judge on the United States Court of Appeals for the Sixth Circuit. His judicial career began in 2007 when President George W. Bush nominated him to serve on the Eastern District of Kentucky, making him the first South Asian Article III judge in American history. In 2017, he became President Donald J. Trump’s first appellate court nominee.
Before joining the bench, Judge Thapar served as the United States Attorney for the Eastern District of Kentucky. While United States Attorney, Judge Thapar worked on the Attorney General’s Advisory Committee (“AGAC”) and chaired the AGAC’s Controlled Substances and Asset Forfeiture subcommittee. He also served on the Terrorism and National Security subcommittee, the Violent Crime subcommittee, and the Child Exploitation working group.
Judge Thapar has worked in private practice, at Williams & Connolly in Washington, D.C., and Squire, Sanders & Dempsey in Cincinnati, Ohio. He also served as an Assistant United States Attorney in both the Southern District of Ohio and the District of Columbia.
Judge Thapar received his undergraduate degree from Boston College and his law degree from the University of California, Berkeley. After graduating, Judge Thapar worked as a law clerk to the Honorable S. Arthur Spiegel of the United States District Court for the Southern District of Ohio, and the Honorable Nathaniel R. Jones of the United States Court of Appeals for the Sixth Circuit.
Judge Thapar has also published in the Yale Law Journal, Michigan Law Review, and Catholic University Law Review. He teaches courses on originalism, the Federalists and Anti-Federalists, and legal writing at Notre Dame Law School, the University of Virginia School of Law, and Vanderbilt Law School.
Lincoln-Douglas Tavern Debate
co-sponsored by the Institute for Justice
Springfield, ILA Seat at the Sitting - April 2022
The April Docket in 90 Minutes or Less
TeleforumCitizen Suits, Separation of Powers, and the Future of the Supreme Court's Standing Jurisprudence
Jonathan Brightbill, Michael Buschbacher, Robin Kundis Craig, Richard A. Epstein
Internal tensions in the Supreme Court's standing doctrine have led to some unexpected fractures. Last...
Citizen Suits, Separation of Powers, and the Future of the Supreme Court's Standing Jurisprudence
Jonathan Brightbill, Michael Buschbacher, Robin Kundis Craig, Richard A. Epstein
Internal tensions in the Supreme Court's standing doctrine have led to some unexpected fractures. Last...
Bargaining Rights Gone Wrong: How State Courts Invented a Constitutional Duty to Bargain and How It Harms Individual Workers
Alexander T. MacDonald
Constitutions often give you the right to do things. They give you the right to...
The Constitution Line By Line w/ Sen. Mike Lee: Article I, Section 8: The Military Powers Clauses
Mike S. Lee
In this episode of the Constitution Line By Line, Senator Mike Lee covers Article I,...
2022 Thomas M. Cooley Judicial Lecture, Prize Ceremony, & Alumni Dinner
Co-Hosted by the Faculty Division and Georgetown Center for the Constitution
Washington, D.C., DCAgainst Living Common Goodism
William H. Pryor
Today I want to discuss a new version of an old debate. In 1985, then-Attorney...
The Relationship Between the Declaration of Independence and the Constitution
George Mason Student Chapter
Arlington, VABanquet, Founders & Foes (An Exchange)
Andrew Oldham, Amul R. Thapar
Many originalists are well-versed in The Federalist Papers. They rely on these documents to better...