Chief Counsel, FIRE
Robert Corn-Revere joined FIRE from the law firm of Davis Wright Tremaine where he was a partner for 20 years specializing in freedom of expression and communications law. Before his time at DWT, he was a partner at Hogan & Hartson and served as legal advisor and later chief counsel to Federal Communications Commission Chairman James H. Quello.
Corn-Revere is a prominent writer, thinker, and advocate on free expression issues. In 2021, Cambridge University Press published his book, “The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma,” which explores how free expression became a part of America’s identity. He also co-authored the three-volume treatise, “Modern Communication Law,” published by West Group. In 2003, he successfully petitioned Governor George E. Pataki to grant the first posthumous pardon in New York history to the late comedian Lenny Bruce, who was convicted for “obscene” comedy routines.
Before joining FIRE full-time, Corn-Revere was a volunteer on FIRE’s Advisory Council. He also served as outside counsel for FIRE’s Stand Up For Speech Litigation Project, successfully litigating on behalf of college students and faculty whose First Amendment rights were violated.
He is regularly listed as a leading First Amendment and media law practitioner by The Best Lawyers in America, SuperLawyers Washington, D.C., and by Chambers USA. Best Lawyers in America named him as Washington, D.C.’s 2017 “Lawyer of the Year” in the areas of First Amendment Law and Litigation – First Amendment. He was again named as Best Lawyers’ “Lawyer of the Year” for First Amendment Law for 2019 and 2021, and in Media Law for 2022.
Partner, First & Fourteenth PLLC
Michael Francisco is a public and commercial litigator with extensive appellate experience who often serves as a strategic advisor to clients facing acute legal challenges. He has represented clients nationally for public impact litigation, bet-the-company lawsuits, and in defense of constitutional rights. Michael served as a law clerk to Supreme Court Justice Neil Gorsuch and Judge Timothy Tymkovich of the United States Court of Appeals for the Tenth Circuit.
Michael regularly takes on challenging matters where citizens must rely on the judiciary to vindicate their rights. His experience runs the gambit from successfully seeking injunctive relief, winning critical legal motions, defending judgments on appeal, overturning multi-million-dollar judgments, and obtaining discretionary high court review. He relishes the opportunity to develop a well-crafted legal strategy to solve the most novel and complex problems that may arise.
Michael has deep experience with political litigation representing candidates, voters, political parties, and advocacy organizations for ballot access, election administration, campaign finance, and for the unfortunate trend of criminalization of political activity.
After deciding to pursue a legal career to defend religious liberty, Michael has regularly engaged in constitutional litigation under the religion clauses and the free speech clause. He has been involved in many recent U.S. Supreme Court cases involving these core freedoms, including Groff v. DeJoy, 303 Creative v. Elenis, Masterpiece Cakeshop v. Colorado Civil Rights Commission, National Institute of Family & Life Advocates v. Becerra, Trinity Lutheran Church v. Pauley, and similar cases in lower courts on topics ranging from the ministerial exception, church property disputes, to religious land use disputes.
As an appellate advocate Michael frequently handles matters before the U.S. Supreme Court, federal courts of appeals, and Colorado appellate courts. He has argued four times before the Colorado Supreme Court and briefed 19 cases before the U.S. Supreme Court.
Michael also frequently advises clients on strategic public matters challenging federal government authority and overreach. He has regularly litigated business disputes, employment matters, as well as represented clients before state and federal administrative agencies or arbitration panels.
Prior to joining First & Fourteenth, Michael was a partner at McGuireWoods, LLP in Washington D.C., representing litigation, white collar, and government investigation clients.
At home Michael is married with four children and he enjoys many outdoor activities, ranging from competitive shooting to fixing his jeep.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Associate, Covington & Burling LLP
Eli Nachmany is an associate at Covington & Burling LLP in the Washington, DC, office. He clerked for Judge Steven J. Menashi of the U.S. Court of Appeals for the Second Circuit. Eli graduated magna cum laude from Harvard Law School, where he was Editor-in-Chief of the Harvard Journal of Law & Public Policy. Prior to law school, Eli served as the speechwriter to the U.S. Secretary of the Interior and as a domestic policy aide in the White House Office of American Innovation. He graduated summa cum laude from New York University with a B.S. in Sports Management. Eli’s scholarship on administrative law and executive power has appeared in the BYU Law Review, George Mason Law Review, Wake Forest Law Review, and Yale Law Journal Forum.
Senior Attorney, Institute for Free Speech
Brett Nolan is a Senior Attorney at the Institute for Free Speech, a public interest law firm that defends the First Amendment rights of those engaged in political speech and advocacy around the country.
Before joining the Institute, Brett served as the Principal Deputy Solicitor General of Kentucky, where he represented the Commonwealth in a wide variety of high-stakes litigation at every level of state and federal court. In that role, Brett led a successful challenge against the Department of Treasury over the constitutionality of a federal law limiting the ability of states to modify their tax codes, and he helped secure a U.S. Supreme Court victory that upheld a state’s constitutional right to defend its interests in federal court.
Prior to that, Brett served as the Deputy General Counsel to the former Governor of Kentucky, where he advised the governor and other executive branch officials on legal and policy issues and represented them in litigation. Brett clerked for Judge John Nalbandian of the U.S. Court of Appeals for the Sixth Circuit and Judge Karen K. Caldwell of the U.S. District Court for the Eastern District of Kentucky. Between clerkships, he worked in private practice. Brett received his law degree from the University of Chicago Law School, where he graduated with High Honors and was an editor of The University of Chicago Law Review.
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
Chief Counsel, FIRE
Robert Corn-Revere joined FIRE from the law firm of Davis Wright Tremaine where he was a partner for 20 years specializing in freedom of expression and communications law. Before his time at DWT, he was a partner at Hogan & Hartson and served as legal advisor and later chief counsel to Federal Communications Commission Chairman James H. Quello.
Corn-Revere is a prominent writer, thinker, and advocate on free expression issues. In 2021, Cambridge University Press published his book, “The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma,” which explores how free expression became a part of America’s identity. He also co-authored the three-volume treatise, “Modern Communication Law,” published by West Group. In 2003, he successfully petitioned Governor George E. Pataki to grant the first posthumous pardon in New York history to the late comedian Lenny Bruce, who was convicted for “obscene” comedy routines.
Before joining FIRE full-time, Corn-Revere was a volunteer on FIRE’s Advisory Council. He also served as outside counsel for FIRE’s Stand Up For Speech Litigation Project, successfully litigating on behalf of college students and faculty whose First Amendment rights were violated.
He is regularly listed as a leading First Amendment and media law practitioner by The Best Lawyers in America, SuperLawyers Washington, D.C., and by Chambers USA. Best Lawyers in America named him as Washington, D.C.’s 2017 “Lawyer of the Year” in the areas of First Amendment Law and Litigation – First Amendment. He was again named as Best Lawyers’ “Lawyer of the Year” for First Amendment Law for 2019 and 2021, and in Media Law for 2022.
Partner, First & Fourteenth PLLC
Michael Francisco is a public and commercial litigator with extensive appellate experience who often serves as a strategic advisor to clients facing acute legal challenges. He has represented clients nationally for public impact litigation, bet-the-company lawsuits, and in defense of constitutional rights. Michael served as a law clerk to Supreme Court Justice Neil Gorsuch and Judge Timothy Tymkovich of the United States Court of Appeals for the Tenth Circuit.
Michael regularly takes on challenging matters where citizens must rely on the judiciary to vindicate their rights. His experience runs the gambit from successfully seeking injunctive relief, winning critical legal motions, defending judgments on appeal, overturning multi-million-dollar judgments, and obtaining discretionary high court review. He relishes the opportunity to develop a well-crafted legal strategy to solve the most novel and complex problems that may arise.
Michael has deep experience with political litigation representing candidates, voters, political parties, and advocacy organizations for ballot access, election administration, campaign finance, and for the unfortunate trend of criminalization of political activity.
After deciding to pursue a legal career to defend religious liberty, Michael has regularly engaged in constitutional litigation under the religion clauses and the free speech clause. He has been involved in many recent U.S. Supreme Court cases involving these core freedoms, including Groff v. DeJoy, 303 Creative v. Elenis, Masterpiece Cakeshop v. Colorado Civil Rights Commission, National Institute of Family & Life Advocates v. Becerra, Trinity Lutheran Church v. Pauley, and similar cases in lower courts on topics ranging from the ministerial exception, church property disputes, to religious land use disputes.
As an appellate advocate Michael frequently handles matters before the U.S. Supreme Court, federal courts of appeals, and Colorado appellate courts. He has argued four times before the Colorado Supreme Court and briefed 19 cases before the U.S. Supreme Court.
Michael also frequently advises clients on strategic public matters challenging federal government authority and overreach. He has regularly litigated business disputes, employment matters, as well as represented clients before state and federal administrative agencies or arbitration panels.
Prior to joining First & Fourteenth, Michael was a partner at McGuireWoods, LLP in Washington D.C., representing litigation, white collar, and government investigation clients.
At home Michael is married with four children and he enjoys many outdoor activities, ranging from competitive shooting to fixing his jeep.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Associate, Covington & Burling LLP
Eli Nachmany is an associate at Covington & Burling LLP in the Washington, DC, office. He clerked for Judge Steven J. Menashi of the U.S. Court of Appeals for the Second Circuit. Eli graduated magna cum laude from Harvard Law School, where he was Editor-in-Chief of the Harvard Journal of Law & Public Policy. Prior to law school, Eli served as the speechwriter to the U.S. Secretary of the Interior and as a domestic policy aide in the White House Office of American Innovation. He graduated summa cum laude from New York University with a B.S. in Sports Management. Eli’s scholarship on administrative law and executive power has appeared in the BYU Law Review, George Mason Law Review, Wake Forest Law Review, and Yale Law Journal Forum.
Senior Attorney, Institute for Free Speech
Brett Nolan is a Senior Attorney at the Institute for Free Speech, a public interest law firm that defends the First Amendment rights of those engaged in political speech and advocacy around the country.
Before joining the Institute, Brett served as the Principal Deputy Solicitor General of Kentucky, where he represented the Commonwealth in a wide variety of high-stakes litigation at every level of state and federal court. In that role, Brett led a successful challenge against the Department of Treasury over the constitutionality of a federal law limiting the ability of states to modify their tax codes, and he helped secure a U.S. Supreme Court victory that upheld a state’s constitutional right to defend its interests in federal court.
Prior to that, Brett served as the Deputy General Counsel to the former Governor of Kentucky, where he advised the governor and other executive branch officials on legal and policy issues and represented them in litigation. Brett clerked for Judge John Nalbandian of the U.S. Court of Appeals for the Sixth Circuit and Judge Karen K. Caldwell of the U.S. District Court for the Eastern District of Kentucky. Between clerkships, he worked in private practice. Brett received his law degree from the University of Chicago Law School, where he graduated with High Honors and was an editor of The University of Chicago Law Review.
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
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.
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.
Litigation Fellow, Institute for Justice
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.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
Associate, Covington
John Kendrick represents clients in antitrust matters before government agencies (both domestic and foreign) and in federal court. His experience includes complex, high-profile antitrust litigation spanning multiple jurisdictions. He also represents clients in antitrust investigations, including merger investigations under the HSR Act.
John has advised clients in the cellular, medical device, retail, semiconductor, and travel industries. He has particular experience handling complex issues for technology companies and intellectual property licensing companies.
Angus G. Wynne, Sr. Professor in Civil Jurisprudence, The University of Texas at Austin School of Law
Susan Morse joined the University of Texas law faculty in 2013. She studies and writes about regulatory design and about international tax policy and tax compliance. She is interested in the interaction between legal systems and private ordering.
Recent writings in tax policy include Do Tax Compliance Robots Follow the Law? (symposium contribution), 16 Ohio State Tech. L. J. 278 (2020); GILTI: The Co-operative Potential of a Unilateral Minimum Tax, 2019 British Tax Rev. 512; Does Parenting Matter? U.S. Firms, Non-U.S. Firms, and Global Tax Accruals (with Eric J. Allen), 4 J. L. Fin. & Acct'g 239 (2019); International Cooperation and the 2017 Tax Act, 128 Yale L. J. Forum 362 (Oct. 25, 2018) and Seeking Comparable Transactions in Patent and Tax, 37 Rev. Litig. Brief (2018).
Recent writings in regulatory design include Government-to-Robot Enforcement, 2019 Ill. L. Rev. 1497; When Robots Make Legal Mistakes, 72 Okla. L. Rev. 213 (2019); Regulating by Example, 35 Yale J. Reg. 127 (2018) (with Leigh Osofsky) (featured in online symposium, How Agencies Communicate, at JREG); Safe Harbors, Sure Shipwrecks, 49 U.C. Davis L. Rev. 1385 (2016) (selected for Yale/Stanford/Harvard Junior Faculty Forum, 2015); and Entrepreneurship Incentives for Resource-Constrained Firms, Handbook of Law and Entrepreneurship (forthcoming).
Morse cowrote a Supreme Court amicus brief in 2020 supporting the government in CIC Services, LLC v. Internal Revenue Service (blog coverage here). Morse submitted cowritten Ninth Circuit amicus briefs in 2016, 2018 and 2019 in Altera Corp. v. Commissioner, supporting the government's position that it had validly issued a Treasury regulation that requires cost-sharing arrangements to include stock-based compensation. The Ninth Circuit held for the government and denied rehearing en banc, and the Supreme Court denied cert in 2020. Blog coverage here, here, here, here, here, and here.
Professor Morse teaches Property and Federal Income Tax, as well as the Financial Methods for Lawyers course, which she pioneered at Texas Law. She won the Women's Law Caucus Teacher of the Year award in 2016 and 2020. She edits the tax section at JOTWELL.com.
Professor Morse clerked for the Honorable Michael Boudin of the United States Court of Appeals for the First Circuit and spent seven years in business tax practice at Ropes & Gray, Boston and Wilson Sonsini Goodrich & Rosati, Palo Alto. Prior to joining the Texas faculty, she served as Associate Professor at UC Hastings College of the Law and as Research Assistant Professor at Santa Clara University School of Law.
Morse has also written Innovation and Taxation at Start-Up Firms, 69 Tax L. Rev. 357 (2016); Tax Anti-Avoidance Law in Australia and the United States, 49 Int'l Law. 111 (2015); A Simpler Offshore Profits Transition Tax, 76 Tax Notes Int'l 629 (Feb. 17, 2014); Startup Ltd.: Tax Planning and Initial Incorporation, 14 Fla. Tax Rev. 319 (2013); Tax Haven Incorporation for U.S. Firms: No Exodus Yet, 66 Nat’l Tax J. 395 (2013); The Transfer Pricing Regs Need a Good Edit, 40 Pepperdine L. Rev. 1415 (2013); and A Corporate Offshore Profits Transition Tax, 91 N.C. L. Rev. 549 (2013).
Senior Fellow in Executive Power, Cato Institute
Molly Nixon is a senior fellow at the Cato Institute, where she focuses on the scope, use, and history of executive power as well as its limits under the Constitution. Molly was previously an attorney with Pacific Legal Foundation’s separation of powers practice, where she litigated cases challenging congressional delegations of legislative power and executive branch overreach. Before that, she served as an Attorney-Advisor at the Department of the Interior and as Legislative Counsel for Congressman Justin Amash.
Molly holds a J.D. from New York University School of Law and a B.A. in History and International Relations from Boston University. She clerked for the U.S. District Court for the District of Alaska and practiced law at a firm in New York City for several years before moving to Washington, D.C.
Chief Counsel, FIRE
Robert Corn-Revere joined FIRE from the law firm of Davis Wright Tremaine where he was a partner for 20 years specializing in freedom of expression and communications law. Before his time at DWT, he was a partner at Hogan & Hartson and served as legal advisor and later chief counsel to Federal Communications Commission Chairman James H. Quello.
Corn-Revere is a prominent writer, thinker, and advocate on free expression issues. In 2021, Cambridge University Press published his book, “The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma,” which explores how free expression became a part of America’s identity. He also co-authored the three-volume treatise, “Modern Communication Law,” published by West Group. In 2003, he successfully petitioned Governor George E. Pataki to grant the first posthumous pardon in New York history to the late comedian Lenny Bruce, who was convicted for “obscene” comedy routines.
Before joining FIRE full-time, Corn-Revere was a volunteer on FIRE’s Advisory Council. He also served as outside counsel for FIRE’s Stand Up For Speech Litigation Project, successfully litigating on behalf of college students and faculty whose First Amendment rights were violated.
He is regularly listed as a leading First Amendment and media law practitioner by The Best Lawyers in America, SuperLawyers Washington, D.C., and by Chambers USA. Best Lawyers in America named him as Washington, D.C.’s 2017 “Lawyer of the Year” in the areas of First Amendment Law and Litigation – First Amendment. He was again named as Best Lawyers’ “Lawyer of the Year” for First Amendment Law for 2019 and 2021, and in Media Law for 2022.
Partner, First & Fourteenth PLLC
Michael Francisco is a public and commercial litigator with extensive appellate experience who often serves as a strategic advisor to clients facing acute legal challenges. He has represented clients nationally for public impact litigation, bet-the-company lawsuits, and in defense of constitutional rights. Michael served as a law clerk to Supreme Court Justice Neil Gorsuch and Judge Timothy Tymkovich of the United States Court of Appeals for the Tenth Circuit.
Michael regularly takes on challenging matters where citizens must rely on the judiciary to vindicate their rights. His experience runs the gambit from successfully seeking injunctive relief, winning critical legal motions, defending judgments on appeal, overturning multi-million-dollar judgments, and obtaining discretionary high court review. He relishes the opportunity to develop a well-crafted legal strategy to solve the most novel and complex problems that may arise.
Michael has deep experience with political litigation representing candidates, voters, political parties, and advocacy organizations for ballot access, election administration, campaign finance, and for the unfortunate trend of criminalization of political activity.
After deciding to pursue a legal career to defend religious liberty, Michael has regularly engaged in constitutional litigation under the religion clauses and the free speech clause. He has been involved in many recent U.S. Supreme Court cases involving these core freedoms, including Groff v. DeJoy, 303 Creative v. Elenis, Masterpiece Cakeshop v. Colorado Civil Rights Commission, National Institute of Family & Life Advocates v. Becerra, Trinity Lutheran Church v. Pauley, and similar cases in lower courts on topics ranging from the ministerial exception, church property disputes, to religious land use disputes.
As an appellate advocate Michael frequently handles matters before the U.S. Supreme Court, federal courts of appeals, and Colorado appellate courts. He has argued four times before the Colorado Supreme Court and briefed 19 cases before the U.S. Supreme Court.
Michael also frequently advises clients on strategic public matters challenging federal government authority and overreach. He has regularly litigated business disputes, employment matters, as well as represented clients before state and federal administrative agencies or arbitration panels.
Prior to joining First & Fourteenth, Michael was a partner at McGuireWoods, LLP in Washington D.C., representing litigation, white collar, and government investigation clients.
At home Michael is married with four children and he enjoys many outdoor activities, ranging from competitive shooting to fixing his jeep.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Associate, Covington & Burling LLP
Eli Nachmany is an associate at Covington & Burling LLP in the Washington, DC, office. He clerked for Judge Steven J. Menashi of the U.S. Court of Appeals for the Second Circuit. Eli graduated magna cum laude from Harvard Law School, where he was Editor-in-Chief of the Harvard Journal of Law & Public Policy. Prior to law school, Eli served as the speechwriter to the U.S. Secretary of the Interior and as a domestic policy aide in the White House Office of American Innovation. He graduated summa cum laude from New York University with a B.S. in Sports Management. Eli’s scholarship on administrative law and executive power has appeared in the BYU Law Review, George Mason Law Review, Wake Forest Law Review, and Yale Law Journal Forum.
Senior Attorney, Institute for Free Speech
Brett Nolan is a Senior Attorney at the Institute for Free Speech, a public interest law firm that defends the First Amendment rights of those engaged in political speech and advocacy around the country.
Before joining the Institute, Brett served as the Principal Deputy Solicitor General of Kentucky, where he represented the Commonwealth in a wide variety of high-stakes litigation at every level of state and federal court. In that role, Brett led a successful challenge against the Department of Treasury over the constitutionality of a federal law limiting the ability of states to modify their tax codes, and he helped secure a U.S. Supreme Court victory that upheld a state’s constitutional right to defend its interests in federal court.
Prior to that, Brett served as the Deputy General Counsel to the former Governor of Kentucky, where he advised the governor and other executive branch officials on legal and policy issues and represented them in litigation. Brett clerked for Judge John Nalbandian of the U.S. Court of Appeals for the Sixth Circuit and Judge Karen K. Caldwell of the U.S. District Court for the Eastern District of Kentucky. Between clerkships, he worked in private practice. Brett received his law degree from the University of Chicago Law School, where he graduated with High Honors and was an editor of The University of Chicago Law Review.
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
A Seat at the Sitting - March 2024
Robert Corn-Revere, Michael Francisco, Tony Francois, Eli Nachmany, Brett Nolan, Jennifer H. Weddle
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - March 2024
Robert Corn-Revere, Michael Francisco, Tony Francois, Eli Nachmany, Brett Nolan, Jennifer H. Weddle
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - March 2024
The March Docket in 90 Minutes or Less
Topics
United States v. Pheasant: A Rare Bird That Might Be a Good Vehicle to Revive the Nondelegation Doctrine
Respected jurists and scholars alike have lamented that the Constitution’s prohibition against Congress transferring its...
Courthouse Steps Decision: Trump v. Anderson
Derek T. Muller
On February 8, 2024, the Supreme Court heard Oral Argument in Trump v. Anderson. The...
Courthouse Steps Decision: Trump v. Anderson
Derek T. Muller
On February 8, 2024, the Supreme Court heard Oral Argument in Trump v. Anderson. The...
Topics
Artificial Intelligence in the Courtroom: Two Approaches
Hardly a week goes by when there is not a new story of someone getting caught...
In Wyoming, Supreme Court Rules Canine Sniffs Outside Vehicles Don’t Need Probable Cause
Nicholas DeBenedetto
Last June, the Wyoming Supreme Court unanimously held that the Wyoming Constitution does not...
Litigation Skills and Arguing in Court
North Carolina Student Chapter
Chapel Hill, NCCourthouse Steps Oral Argument: Corner Post, Inc. v. Board of Governors of the Federal Reserve System
Michael Buschbacher, John F. Duffy, John Kendrick, Susan C. Morse, Molly Nixon
On February 20, 2024, the U.S. Supreme Court will hear oral argument in Corner Post,...