Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Counsel, Keller Postman LLC
John Masslon is a Counsel at Keller Postman LLC, where he works on a broad range of disputes, including products liability and consumer protections suits. He helps develop legal strategies, writes briefs, and presents argument on legal questions. Before joining Keller Postman, John was senior litigation counsel at Washington Legal Foundation. There, he wrote about 100 amicus briefs supporting free enterprise in courts across the country. He filed the first amicus brief in the Supreme Court supporting the challenge to OSHA’s vaccine mandate. He also filed a brief supporting ending the in-house proceedings at the Securities and Exchange Commission. Previously, John served as assistant solicitor general in a state attorney general’s office. There, he was first chair in a federal trial challenging a state election law that was ultimately upheld. He also wrote the briefs that convinced the state supreme court to uphold the State’s right-to-work statute.
John obtained his B.S. in economics with a minor in mathematical sciences from Clemson University. He then received his J.D. and LL.M. in Taxation from Georgetown University Law Center. After law school, John worked for Judge Arthur J. Schwab of the United States District Court for the Western District of Pennsylvania and clerked for Judge Judith Ference Olson of the Superior Court of Pennsylvania.
Solicitor General, Tennessee Attorney General's Office
Matt Rice serves as the Solicitor General of Tennessee. Before joining the State, Matt worked in private practice at Williams & Connolly LLP. He clerked for Justice Clarence Thomas on the United States Supreme Court as well as Judge Sandra Ikuta on the United States Court of Appeals for the Ninth Circuit. Before his legal career, Matt played professional baseball in the Tampa Bay Rays organization.
Senior Legal Fellow, Courts and the Constitution, Legal Policy Center, The Heritage Foundation
Zack is a Senior Legal Fellow of Courts and the Constitution at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Senior Attorney, Institute of Justice
Kirby Thomas West is a senior attorney at the Institute for Justice, where she is also the co-director of IJ’s National Initiative to End Forfeiture Abuse. She joined IJ in 2018 and litigates cases defending property rights, free speech, and educational choice.
In her time at IJ, Kirby has launched challenges to unconstitutional civil forfeiture and impoundment schemes. She has also litigated educational choice cases, including as part of the IJ team that litigated Carson v. Makin, a landmark educational choice case decided in 2022.
In 2024, Kirby was a Wasserstein Public Interest Fellow at Harvard Law School.
Before joining IJ, Kirby Was an attorney at Baker Botts LLP, in Washington D.C. She clerked for Judge Dennis Shedd of the U.S. Court of Appeals for the Fourth Circuit.
Kirby received her law degree cum laude from Harvard Law School in 2015.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Counsel, Keller Postman LLC
John Masslon is a Counsel at Keller Postman LLC, where he works on a broad range of disputes, including products liability and consumer protections suits. He helps develop legal strategies, writes briefs, and presents argument on legal questions. Before joining Keller Postman, John was senior litigation counsel at Washington Legal Foundation. There, he wrote about 100 amicus briefs supporting free enterprise in courts across the country. He filed the first amicus brief in the Supreme Court supporting the challenge to OSHA’s vaccine mandate. He also filed a brief supporting ending the in-house proceedings at the Securities and Exchange Commission. Previously, John served as assistant solicitor general in a state attorney general’s office. There, he was first chair in a federal trial challenging a state election law that was ultimately upheld. He also wrote the briefs that convinced the state supreme court to uphold the State’s right-to-work statute.
John obtained his B.S. in economics with a minor in mathematical sciences from Clemson University. He then received his J.D. and LL.M. in Taxation from Georgetown University Law Center. After law school, John worked for Judge Arthur J. Schwab of the United States District Court for the Western District of Pennsylvania and clerked for Judge Judith Ference Olson of the Superior Court of Pennsylvania.
Solicitor General, Tennessee Attorney General's Office
Matt Rice serves as the Solicitor General of Tennessee. Before joining the State, Matt worked in private practice at Williams & Connolly LLP. He clerked for Justice Clarence Thomas on the United States Supreme Court as well as Judge Sandra Ikuta on the United States Court of Appeals for the Ninth Circuit. Before his legal career, Matt played professional baseball in the Tampa Bay Rays organization.
Senior Legal Fellow, Courts and the Constitution, Legal Policy Center, The Heritage Foundation
Zack is a Senior Legal Fellow of Courts and the Constitution at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Senior Attorney, Institute of Justice
Kirby Thomas West is a senior attorney at the Institute for Justice, where she is also the co-director of IJ’s National Initiative to End Forfeiture Abuse. She joined IJ in 2018 and litigates cases defending property rights, free speech, and educational choice.
In her time at IJ, Kirby has launched challenges to unconstitutional civil forfeiture and impoundment schemes. She has also litigated educational choice cases, including as part of the IJ team that litigated Carson v. Makin, a landmark educational choice case decided in 2022.
In 2024, Kirby was a Wasserstein Public Interest Fellow at Harvard Law School.
Before joining IJ, Kirby Was an attorney at Baker Botts LLP, in Washington D.C. She clerked for Judge Dennis Shedd of the U.S. Court of Appeals for the Fourth Circuit.
Kirby received her law degree cum laude from Harvard Law School in 2015.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Counsel, Keller Postman LLC
John Masslon is a Counsel at Keller Postman LLC, where he works on a broad range of disputes, including products liability and consumer protections suits. He helps develop legal strategies, writes briefs, and presents argument on legal questions. Before joining Keller Postman, John was senior litigation counsel at Washington Legal Foundation. There, he wrote about 100 amicus briefs supporting free enterprise in courts across the country. He filed the first amicus brief in the Supreme Court supporting the challenge to OSHA’s vaccine mandate. He also filed a brief supporting ending the in-house proceedings at the Securities and Exchange Commission. Previously, John served as assistant solicitor general in a state attorney general’s office. There, he was first chair in a federal trial challenging a state election law that was ultimately upheld. He also wrote the briefs that convinced the state supreme court to uphold the State’s right-to-work statute.
John obtained his B.S. in economics with a minor in mathematical sciences from Clemson University. He then received his J.D. and LL.M. in Taxation from Georgetown University Law Center. After law school, John worked for Judge Arthur J. Schwab of the United States District Court for the Western District of Pennsylvania and clerked for Judge Judith Ference Olson of the Superior Court of Pennsylvania.
Solicitor General, Tennessee Attorney General's Office
Matt Rice serves as the Solicitor General of Tennessee. Before joining the State, Matt worked in private practice at Williams & Connolly LLP. He clerked for Justice Clarence Thomas on the United States Supreme Court as well as Judge Sandra Ikuta on the United States Court of Appeals for the Ninth Circuit. Before his legal career, Matt played professional baseball in the Tampa Bay Rays organization.
Senior Legal Fellow, Courts and the Constitution, Legal Policy Center, The Heritage Foundation
Zack is a Senior Legal Fellow of Courts and the Constitution at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Senior Attorney, Institute of Justice
Kirby Thomas West is a senior attorney at the Institute for Justice, where she is also the co-director of IJ’s National Initiative to End Forfeiture Abuse. She joined IJ in 2018 and litigates cases defending property rights, free speech, and educational choice.
In her time at IJ, Kirby has launched challenges to unconstitutional civil forfeiture and impoundment schemes. She has also litigated educational choice cases, including as part of the IJ team that litigated Carson v. Makin, a landmark educational choice case decided in 2022.
In 2024, Kirby was a Wasserstein Public Interest Fellow at Harvard Law School.
Before joining IJ, Kirby Was an attorney at Baker Botts LLP, in Washington D.C. She clerked for Judge Dennis Shedd of the U.S. Court of Appeals for the Fourth Circuit.
Kirby received her law degree cum laude from Harvard Law School in 2015.
President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
Founder & CEO of The Hargan Group
Eric D. Hargan is the Founder and CEO of The Hargan Group, a healthcare consulting firm. Eric previously served as the Deputy Secretary of the Department of Health and Human Services (HHS) from 2017 to 2021; he also served as Acting Secretary for several months in 2017-2018. HHS is the largest department in the federal government and has an annual budget of more than $1.3 trillion and over 80,000 employees across 26 divisions. As Deputy Secretary, he oversaw the development and approval of all HHS, CMS and FDA regulations and significant guidances, as well as the day-to-day operations and management of the department, and he led policy and strategy development. From 2003 to 2007, Mr. Hargan also served at HHS in a variety of capacities, including holding the position of Acting Deputy Secretary.
Associate General Counsel, Williams-Sonoma, Inc.
Jay Lifschultz serves as the Associate General Counsel for Williams-Sonoma, Inc. where he provides counsel and support on a broad range of issues, including commercial matters, consumer disputes, internal investigations, labor and employment law, and regulatory compliance.
Previously, Jay worked at a multi-brand, nationwide residential and commercial consumer services company and he started his legal career at an AmLaw 200 firm representing management in labor and employment matters.
Jay earned his law degree with honors from Tulane University Law School and externed for the Honorable Lance Africk at the United States District Court for the Eastern District of Louisiana. He received his undergraduate degree from the University of Arizona.
Jay lives in Memphis, Tennessee with his wife, daughter, and the laziest (but sweetest) Labrador in the world.
Partner, Bradley Arant Boult Cummings LLP; Former General Counsel of the Department of Defense
Paul Ney is a partner at Bradley Arant Boult Cummings LLP practicing in with the Defense & National Security and Government Enforcement and Investigations teams. Before joining Bradley, he served as the Legal Advisor to the National Security Council. Previously, he was Chief Legal Officer and Corporate Secretary at Momentus Inc., a space infrastructure company. Ney has nearly four decades of public service and private law practice experience.
Before joining Momentus, he was presidentially appointed and confirmed by the U.S. Senate to serve as the General Counsel of the Department of Defense. In this position, he was the Department’s chief legal officer leading a team of over 12,000 lawyers that served the Department’s more than 2.8 million military and civilian personnel, and he served as the Designated Agency Ethics Official overseeing the Department’s Standards of Conduct Office. During his tenure in the Department of Defense, the U.S. Space Force and the U.S. Space Command were established.
In earlier government roles, Ney was the Principal Deputy and the acting General Counsel of the United States Department of the Navy and Chief Deputy Attorney General for the State of Tennessee. He also served as Director of the Nashville Davidson County Mayor's Office of Economic and Community Development.
Ney has been a partner in two Nashville law firms. He is a registered patent attorney and he has more than 25 years of experience in private practice engaged in commercial litigation, administrative and regulatory law, and intellectual property law.
Judge, United States District Court for the Western District of Kentucky
Prior to joining the bench, Judge Beaton was a Partner at Squire Patton Boggs LLP, where he co-chaired the firm’s Appellate & Supreme Court practice group. Judge Beaton’s represented clients engaged in complex commercial litigation in Federal and State courts, and before administrative agencies. Judge Beaton also served as an adjunct professor at the University of Louisville Brandeis School of Law, where he taught constitutional interpretation. Before joining Squire Patton Boggs, Judge Beaton practiced in the Washington, D.C. office of Sidley Austin, LLP, and also served as a legal fellow with the International Justice Mission in Kampala, Uganda. Upon graduation from law school, Judge Beaton served as a law clerk to Justice Ruth Bader Ginsburg of the United States Supreme Court, and to Judge A. Raymond Randolph of the United States Court of Appeals for the D.C. Circuit. Judge Beaton earned his B.A., summa cum laude, from Centre College, and his J.D. from Columbia Law School, where he served as an Articles Editor on the Columbia Law Review.
Associate Attorney, Cooper & Kirk PLLC
Athie Livas rejoined Cooper & Kirk in 2022. Prior to joining the firm, Ms. Livas clerked for Justice Brett M. Kavanaugh on the United States Supreme Court. Ms. Livas also previously clerked for Judge Amul R. Thapar on the United States Court of Appeals for the Sixth Circuit and Judge Dabney L. Friedrich on the United States District Court for the District of Columbia.
Ms. Livas graduated from Yale Law School, where she served as President of the Yale Federalist Society, co-President of the Barristers’ Union trial competition, Student Director of the Supreme Court Litigation Clinic, and Editor on the Yale Law Journal. Ms. Livas is admitted to the bar of the Commonwealth of Kentucky.
A Seat at the Sitting - October 2024
James S. Burling, John Masslon, Matt Rice, Zack Smith, Kirby Thomas West
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - October 2024
James S. Burling, John Masslon, Matt Rice, Zack Smith, Kirby Thomas West
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - October 2024
The October Docket in 90 Minutes or Less
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