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 inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
Laurence H. Silberman Chair in Constitutional Governance, American Enterprise Institute; Executive Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. He also directs the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
He writes on regulation and constitutional government for a variety of publications. He practiced law in Washington, D.C., after clerking for the D.C. Circuit's Judge David Sentelle. He also has been chairman of the ABA's Administrative Law Section.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court.
State Attorney General, Texas
Professor of Law, Notre Dame Law School
Professor Derek Muller is a nationally-recognized scholar in the field of election law. His research focuses on the role of states in the administration of federal elections, the constitutional contours of voting rights and election administration, the limits of judicial power in the domain of elections, and the Electoral College.
He has published more than two dozen academic works, and his op-eds have appeared in the New York Times, the Los Angeles Times, and the Wall Street Journal. He has testified before Congress, and he is a contributor at the Election Law Blog. He is a co-author on a Federal Courts casebook published by Carolina Academic Press. He is also the co-reporter on a new Restatement of the Law, Election Litigation, an effort led by the American Law Institute.
Professor Muller teaches Election Law, Civil Procedure, and Evidence.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Vice President for Legal Strategy, Stand Together
Casey Mattox is Vice President for Legal Strategy at Stand Together and Senior Advisor at
Americans for Prosperity. In these roles he advocates for and creates strategies and
partnerships to ensure a constitutionally limited government that protects the civil liberties of all
Americans. Prior to joining Stand Together and AFP Casey’s legal career focused on defending
the First Amendment rights of students, faculty, healthcare workers and religious organizations.
Casey has a J.D. from Boston College School of Law and an undergraduate degree from the
University of Virginia. You can find him on Twitter at @CaseyMattox_ and on LinkedIn at
@Casey-Mattox-ST.
Associate, Wiley Rein LLP
Krystal represents and advises clients in a variety of complex litigation and appellate matters in state and federal courts. She has served in legal capacities in both public and private entities, including the U.S. Department of Justice and federal trial and appellate courts, and has extensive litigation experience ranging from pre-complaint investigations and discovery disputes to critical motions practice, trial preparation, and appeals. Krystal specializes in providing creative litigation solutions to give her clients a strategic advantage, both in and out of the courtroom.
Her experience spans a wide variety of practice areas, including government contracts, intellectual property, environment and product regulation, telecommunications, health care, as well as election law and government ethics. Krystal’s appellate work, including before the U.S. Supreme Court, has focused on significant First Amendment issues.
Krystal served as a law clerk for the Honorable Mark S. Davis on the U.S. District Court for the Eastern District of Virginia (the “Rocket Docket”). In addition, she served as a law clerk for the Honorable Alice M. Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Krystal also maintains an active pro bono practice, and for two consecutive years has won firm awards for her contributions. Most recently, she briefed and argued a multi-issue appeal of a trial verdict in the Ninth Circuit, and successfully obtained remand from the Board of Immigration Appeals after her client was denied protection under the U.N. Convention Against Torture.
Nick Ohnell Fellow, The Manhattan Institute
Rafael Mangual is the Nick Ohnell Fellow at the Manhattan Institute, a contributing editor of City Journal, and a member of the Council on Criminal Justice. His first book, Criminal (In)Justice, was released in July 2022. He has authored and coauthored a number of MI reports and op-eds on issues ranging from urban crime and jail violence to broader matters of criminal and civil justice reform. His work has been featured and mentioned in a wide array of publications, including the Wall Street Journal, The Atlantic, New York Post, The New York Times, The Washington Post, Philadelphia Inquirer and City Journal. Mangual also regularly appears on Fox News and has made a number of national and local television and radio appearances on outlets such as C-SPAN and Bloomberg Radio. In 2020, he was appointed to serve a four-year term as a member of the New York State Advisory Committee of the U.S. Commission on Civil Rights.
Prior to joining MI in 2015, Rafael worked in corporate communications for the International Trademark Association. He holds a B.A. in corporate communications from the City University of New York’s Baruch College and a J.D. from DePaul University in Chicago, where he was president of the Federalist Society and vice president of the Appellate Moot Court team. After graduating from law school, Mangual was inducted into the Order of the Barristers, a national honor society for excellence in oral and written advocacy.
Book Review: The Dubious Morality of Modern Administrative Law by Richard Epstein
TeleforumTopics
Supreme Court Decision in Liu Casts Doubt on Statutory Limits to Agency Monetary Demands
In the first of what may be a series of statutory interpretation cases that go...
Topics
The Real COVID-19 Crisis
In late 2019, the first cases of COVID-19, a highly contagious disease caused by...
State Court Docket Watch: In re Salon a la Mode, et al
Ken Paxton
In response to the global pandemic caused by COVID-19, local authorities in Texas, like local...
Courthouse Steps Oral Argument: CO Dept. of State v. Baca and Chiafalo v. WA
Derek T. Muller
On May 13, 2020, the Supreme Court will hear arguments in a pair of cases...
Topics
Religious Liberty Challenge Rejected by the High Court
On Friday, in SOUTH BAY UNITED PENTECOSTAL CHURCH, ET AL.v. GAVIN NEWSOM, GOVERNOR OF CALIFORNIA, ET...
Courthouse Steps Oral Argument Teleforum: Our Lady of Guadalupe School v. Morrissey-Berru
Jesse Panuccio
In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, the Supreme Court, in 2012, unanimously...
Courthouse Steps Oral Argument: USAID v. Alliance for Open Society International, Inc.
Casey Mattox, Krystal Brunner Swendsboe
On May 5, 2020, the Supreme Court will hear arguments in an important First Amendment...
Police Use of Force and the Practical Limits of Popular Reform Proposals: A Response to Rizer and Mooney
Rafael A. Mangual
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Topics
State Supreme Courts Protect Economic Liberty
This has been a big week for fans of state constitutional law. Georgia and Pennsylvania...