Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Louis D. Brandeis Professor of Law and Deputy Dean, Harvard Law School
Molly Brady is the Louis D. Brandeis Professor of Law at Harvard Law School, where she teaches property law and related subjects. Her scholarship uses historical analyses of property institutions and land use doctrines to explore broader theoretical questions. Her current research projects involve the relationship between covenants and zoning, the persistence of community knowledge in property doctrine, and the uses of history in state constitutional law. She is also an Associate Reporter for the American Law Institute’s Fourth Restatement of Property.
Previously, Professor Brady taught at the University of Virginia School of Law, where she received the 2019 UVA Student Council Distinguished Teaching Award, the 2018 Z Society Distinguished Faculty Award for “one outstanding member of the University’s faculty who has positively impacted the student body,” and an invitation to the Seven Society 27th Annual Monticello Dinner Series for “exemplary scholarship and transformative instruction of students.” Her recent article, “The Forgotten History of Metes and Bounds,” won both the Association of American Law Schools’ Scholarly Papers Prize for junior faculty members in their first five years of law teaching and the American Society for Legal History’s William Nelson Cromwell Article Prize for the year’s best paper by an early-career scholar.
Professor Brady received an AB summa cum laude in history from Harvard College, where she was elected to Phi Beta Kappa and was awarded the Harvard-Radcliffe Foundation for Women’s Athletics Prize for the top female scholar-athlete. Professor Brady then obtained her JD from Yale Law School, where she was the two-time recipient of the Parker Prize for legal history scholarship and was awarded the Quintin Johnstone Prize in Real Property Law, the Jewell Prize for an outstanding contribution to a Yale Law School journal, and the Cullen Prize for the best paper written by a first-year student. Following graduation, she served as a clerk to Judge Bruce M. Selya on the US Court of Appeals for the First Circuit and practiced at Ropes and Gray in Boston as a corporate associate focusing on intellectual property transactions. After leaving practice, she was in the first graduating class of the PhD in Law program at Yale University.
Justice, Supreme Court of Tennessee
Justice Sarah Campbell was confirmed to the Tennessee Supreme Court in 2022. She previously served as an Associate Solicitor General in the Tennessee Attorney General’s Office and as an associate at the law firm of Williams & Connolly LLP in Washington, DC. Justice Campbell earned her law degree from Duke University School of Law, a Master of Public Policy degree from Duke University, and her undergraduate degree from the University of Tennessee, where she received the Torchbearer Award. She served as a law clerk for Justice Samuel A. Alito, Jr. on the United States Supreme Court and Judge William H. Pryor Jr. on the U.S. Court of Appeals for the Eleventh Circuit.
Lecturer, Harvard Law School
James E. Tierney is the former Attorney General of Maine and a Lecturer at Harvard Law School where he teaches a course on the role of state attorneys general while directing the Harvard Attorney General clinic. For thirteen years he was the Director of the National State Attorneys General Program at Columbia Law School, and he has also taught courses at Boston College Law School, Northeastern Law School and the University of Maine School of Law.
Mr. Tierney served as the Attorney General of Maine from 1980 until 1990. During his ten years as Attorney General of Maine, Mr. Tierney played an active role in the National Association of Attorneys General (NAAG) and has instructed newly elected state Attorneys General on the effective performance of their office. Mr. Tierney has also served as a Special Prosecutor in Florida, Pennsylvania, Minnesota and Vermont and, on behalf of NAAG, has authored an analysis of the operations of state grand jury practice throughout the United States. He travels regularly to visit in offices of attorney general where he conducts ethics seminars for incumbent attorneys general and their staffs.
Tierney has served on the Board of both the American Judicature Society and was a member of the Board of Commentators of the Courtroom Television Network. In April of 2006, Professor Tierney was selected as the Columbia Law School Public Interest Professor of the Year. This award, which is given to the faculty member or administrator who has most supported and inspired a significant portion of the public interest law student community, is selected by a vote of students.
Tierney is married to Maine author Elizabeth Strout. He has five children and eight grandchildren.
Alston & Bird Professor of Law, Duke University School of Law
Professor Young teaches constitutional law, federal courts, and foreign relations law. He is one of the nation's leading authorities on the constitutional law of federalism, having written extensively on the Rehnquist Court's "Federalist Revival" and the difficulties confronting courts as they seek to draw lines between national and state authority. He also is an active commentator on foreign relations law, where he focuses on the interaction between domestic and supranational courts and the application of international law by domestic courts. Professor Young also writes on constitutional interpretation and constitutional theory. He has been known to dabble in maritime law and comparative constitutional law.
A native of Abilene, Texas, Professor Young joined the Duke Law faculty in 2008, after serving as the Charles Alan Wright Chair in Federal Courts at the University of Texas at Austin School of Law, where he had taught since 1999. He graduated from Dartmouth College in 1990 and Harvard Law School in 1993. After law school, he served as a law clerk to Judge Michael Boudin of the 1st U.S. Circuit Court of Appeals (1993-94) and to Justice David Souter of the U.S. Supreme Court (1995-96). Professor Young practiced law at Cohan, Simpson, Cowlishaw, & Wulff in Dallas, Texas (1994-95) and at Covington & Burling in Washington, D.C. (1996-98), where he specialized in appellate litigation. He has also been a visiting professor at Harvard Law School (2004-05) and Villanova University School of Law (1998-99), as well as an adjunct professor at Georgetown University Law Center (1997).
Elected to the American Law Institute in 2006, Professor Young is an active participant in both public and private litigation in his areas of interest. He has been the principal author of amicus briefs on behalf of leading constitutional scholars in several recent Supreme Court cases, including Medellin v. Texas(concerning presidential power and the authority of the International Court of Justice over domestic courts) and Gonzales v. Raich (concerning federal power to regulate medical marijuana).
Partner, Winston & Strawn LLP
Gordon Coffee is a litigation partner in the firm’s Washington, D.C. office. Coffee’s success in litigating multimillion-dollar claims by and against energy companies has led to his being repeatedly recommended for energy litigation by Legal 500. Among the energy companies for whom he has served as lead trial counsel are Midland Cogeneration Venture, Allegheny Energy Supply, and USGen New England. Coffee also has effectively represented several other businesses in complex commercial litigation at the trial and appellate levels.
Besides commercial litigation, Coffee has defended energy and health-care companies in battles with federal agencies in federal court and administrative proceedings. He recently won summary judgment for a company seeking a multimillion-dollar refund from a federal agency and assisted hydroelectric generators in challenging onerous license conditions imposed by another federal agency. In the health-care arena, he convinced the D.C. Circuit to overturn regulations issued by the Centers for Medicare and Medicaid Services that prohibited physicians from charging technical fees for surgical procedures on a per-use basis, and he secured an injunction barring the Department of Health and Human Services from enforcing Stark Act regulations against lithotripsy providers.
Moreover, Coffee has successfully represented several energy companies in federal agency investigations. Notably, he has secured nearly a dozen favorable resolutions of Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corporation (NERC) investigations and audits. In several cases, he persuaded FERC or NERC to take no adverse action against the company or to dismiss proposed notices of violations. In other instances, his efforts resulted in substantial reductions in penalties proposed by the agency and helped his clients avoid expensive mitigation and compliance plans.
Director, Electricity Law Initiative, Harvard Law School
Ari Peskoe is the Director of the Electricity Law Initiative at the Harvard Law School Environmental and Energy Law Program. He has written extensively about electricity regulation, on issues ranging from Constitutional challenges to states’ energy laws to federal regulation of distributed energy resources. Prior to the Environmental and Energy Law Program, Ari was an associate at a law firm in Washington, D.C. where he litigated before the Federal Energy Regulatory Commission about the Western Energy Crisis. Before that, Ari was a Peace Corps Volunteer in Ghana and spent two years trying to bring the 2012 Olympics to New York. He received his J.D. from Harvard Law School and graduated from the University of Pennsylvania with degrees in electrical engineering and business.
Partner, Winston & Strawn LLP
Gordon Coffee is a litigation partner in the firm’s Washington, D.C. office. Coffee’s success in litigating multimillion-dollar claims by and against energy companies has led to his being repeatedly recommended for energy litigation by Legal 500. Among the energy companies for whom he has served as lead trial counsel are Midland Cogeneration Venture, Allegheny Energy Supply, and USGen New England. Coffee also has effectively represented several other businesses in complex commercial litigation at the trial and appellate levels.
Besides commercial litigation, Coffee has defended energy and health-care companies in battles with federal agencies in federal court and administrative proceedings. He recently won summary judgment for a company seeking a multimillion-dollar refund from a federal agency and assisted hydroelectric generators in challenging onerous license conditions imposed by another federal agency. In the health-care arena, he convinced the D.C. Circuit to overturn regulations issued by the Centers for Medicare and Medicaid Services that prohibited physicians from charging technical fees for surgical procedures on a per-use basis, and he secured an injunction barring the Department of Health and Human Services from enforcing Stark Act regulations against lithotripsy providers.
Moreover, Coffee has successfully represented several energy companies in federal agency investigations. Notably, he has secured nearly a dozen favorable resolutions of Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corporation (NERC) investigations and audits. In several cases, he persuaded FERC or NERC to take no adverse action against the company or to dismiss proposed notices of violations. In other instances, his efforts resulted in substantial reductions in penalties proposed by the agency and helped his clients avoid expensive mitigation and compliance plans.
Director, Electricity Law Initiative, Harvard Law School
Ari Peskoe is the Director of the Electricity Law Initiative at the Harvard Law School Environmental and Energy Law Program. He has written extensively about electricity regulation, on issues ranging from Constitutional challenges to states’ energy laws to federal regulation of distributed energy resources. Prior to the Environmental and Energy Law Program, Ari was an associate at a law firm in Washington, D.C. where he litigated before the Federal Energy Regulatory Commission about the Western Energy Crisis. Before that, Ari was a Peace Corps Volunteer in Ghana and spent two years trying to bring the 2012 Olympics to New York. He received his J.D. from Harvard Law School and graduated from the University of Pennsylvania with degrees in electrical engineering and business.
Senior Fellow for Law, Economics, and Technology, The Heritage Foundation; Professor, Florida International University
Mario Loyola is a Senior Fellow for Law, Economics, and Technology at The Heritage Foundation.
Loyola served in the Trump Administration as Associate Director for Regulatory Reform at the White House Council on Environmental Quality. In that role, he was one of the principal drafters of the One Federal Decision policy, which helped to streamline the permitting and environmental review of large infrastructure projects. While at CEQ, he was a member of the U.S. delegation to the USMCA free trade negotiations with Mexico and Canada, as well as the United Nations conference on biodiversity on the high seas. Loyola initially joined the White House in February 2017 as a Presidential Speechwriter, employing his expertise in many areas of foreign and domestic policy.
After beginning his career in M&A and corporate finance law, Loyola served in the Bush 43 Administration as a special assistant to the Undersecretary of Defense for Policy. He left that position to start writing on national defense issues in magazines such as National Review and The Weekly Standard, reporting from the front lines of the war on terrorism in Lebanon, Israel, and Iraq. He finished the Bush Administration as Foreign and Defense Counsel to the U.S. Senate Republican Policy Committee, then under the chairmanship of Senator Kay Bailey Hutchison of Texas. He subsequently moved to Texas and joined the Texas Public Policy Foundation, where he specialized in energy, environment, and federalism.
Loyola is a frequent contributor to The Wall Street Journal, National Review, and The Atlantic, among others. He teaches environmental and administrative law at Florida International University, where he is Founding Director of the Environmental Finance and Risk Management program in FIU’s prestigious Institute of Environment. He received a bachelor’s degree in European history from the University of Wisconsin–Madison and a J.D. from Washington University School of Law.
Panel I: Federalism and the Separation of Powers
Stephanos Bibas, Maureen Brady, Sarah Keeton Campbell, James E. Tierney, Ernest Young
It has been said that American-style split sovereignty provides the people a “double security” for...
Environmental Enforcement: Policies, Priorities, and the Rule of Law
Our Nation’s environmental laws and regulations are designed to foster the responsible use of natural...
Recent Strains on Cooperative Federalism in the Energy Sector
Gordon Alan Coffee, Ari Peskoe
In statutes such as the Federal Power Act and Clean Water Act, Congress divided responsibility...
Recent Strains on Cooperative Federalism in the Energy Sector
TeleforumCooperative Federalism" and the Federal Takeover of State Government
New York, New YorkThe Future of Federalism Conference
Federalism & Separation of Powers Practice Group
Washington, DC