Of Counsel, Shook Hardy & Bacon LLP
Chris’ public policy work focuses on tort law and civil justice system reform. His work is generally divided among legislative efforts, appellate litigation, and liability counseling. Chris has drafted model legislation to be introduced on the state and federal level, testified on numerous legislative initiatives, and authored amicus briefs to state supreme courts and federal appellate courts, including the U.S. Supreme Court. He also serves as an adviser to various business groups and trade associations interested in tort liability issues and civil justice system reform.
In addition, Chris is an elected member of the American Law Institute (ALI), and has assisted in the development of a variety of ALI projects implicating liability law. He has also been a recurrent guest lecturer at the U.S. Department of Justice and Wake Forest University School of Law, as well as a speaker at numerous legal conferences and industry group meetings, on issues related to tort law. Chris has additionally produced significant scholarship in the area of liability law. He has authored more than 50 legal publications on a wide range of liability issues, including articles in the Harvard Journal of Law & Public Policy, UPenn Journal of Business Law, and Duke Journal of Constitutional Law & Public Policy, and has served as a contributor to tort casebooks.
President, Nova Southeastern University Federalist Society Chapter
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Senior Attorney, Institute for Justice
Sam Gedge is a senior attorney at the Institute for Justice. He joined IJ in June 2015 and litigates cases to promote economic liberty, protect political speech, and secure individuals’ rights to private property.
In 2017, Sam was named IJ’s second Elfie Gallun Fellow for Freedom and the Constitution. The fellowship comes with an emphasis on publishing written materials and speaking to students and others about the vital role the U.S. Constitution plays in protecting our most precious freedoms.
In his time at IJ, Sam has launched cases battling civil forfeiture and overzealous licensing boards, which generated widespread coverage and conversation in media outlets from Wired and The Atlantic to London’s Daily Mail.
Before joining IJ, Sam was an attorney at Wiley Rein LLP, in Washington, D.C., where he focused on litigation and election law. He is a former law clerk to Judge Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit.
Sam received his law degree cum laude from Harvard Law School in 2010.
Attorney, Institute for Justice
John Wrench is a Constitutional Law Fellow at the Institute for Justice.
John grew up outside of Ithaca, New York, and received his law degree from the Case Western Reserve University School of Law in 2019. During law school, he served as editor in chief of the Case Western Reserve Journal of International Law and was a member of the Federalist Society. John interned in his law school’s First Amendment Litigation Clinic and was a judicial extern to the Honorable Paul E. Davison in the Southern District of New York. John graduated from Pace University in 2015 with a Bachelor of Arts in Philosophy and Religious Studies.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Adjunct Professor, George Washington University Law School
Partner, Gibson, Dunn & Crutcher LLP
Elizabeth Papez is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and a member of the firm’s litigation group. Her practice focuses on high-stakes class actions, complex commercial litigation, and related government investigations and appeals.
As a seasoned litigator and former U.S. Deputy Assistant Attorney General, Ms. Papez has substantial experience representing clients in the financial services, pharmaceutical, consumer, and product sectors. She regularly handles federal class actions, multidistrict litigation (MDLs) and other complex commercial disputes under federal and state antitrust statutes, banking and securities laws, and false claims acts, as well as parallel regulatory investigations with the U.S. Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Food and Drug Administration (FDA).
Ms. Papez has been repeatedly recognized as one of Benchmark USA’s Top 250 Women in Litigation nationwide, which named her a “client favorite” who is “extremely smart and practical and very charismatic,” and is praised by peers as a “fierce, dynamic, bright, powerhouse of a litigator.” Ms. Papez is also recognized in The Legal 500 for her antitrust and appellate work, and by The Best Lawyers in America 2019 for her appellate practice.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Supreme Court Correspondent, The Washington Post
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined the paper to cover Maryland politics, and has served in various editing positions including metropolitan editor and national political editor . He has covered the Supreme Court since November 2006. He gave up law school plans for a life in newspapers after taking a journalism class in college. It did not occur to him, as it apparently did to others, that he could do both.
Executive Vice President and Senior Counselor to the President, The Federalist Society for Law and Public Policy Studies
B.A., Yale; J.D., University of Chicago. Lee Liberman Otis is the Executive Vice President and Senior Counselor to the President at the Federalist Society. She also serves as a member of the American Law Institute (ALI), a senior fellow of the Administrative Conference (ACUS), and as the co-chair of the National Constitution Center's Coalition of Freedom Advisory Board. She previously was a special assistant and an Associate Deputy Attorney General at the U.S. Department of Justice, General Counsel of the Department of Energy, an associate in the appellate section of Jones, Day, Reavis & Pogue, an associate counsel to President George H.W. Bush, and a law clerk to Associate Justice Antonin Scalia. She also served as an assistant professor of law at George Mason, where she taught legislation, federal jurisdiction, constitutional law, civil procedure, and appellate advocacy. Ms. Otis has been an important member of the Federalist Society team since the organization’s beginnings. Together with David McIntosh, she led the effort to start what became the Chicago chapter of the Society. She also helped organize the Society’s first conference at Yale, its second conference at Chicago, and its first Lawyers Division chapter in Washington DC, as well as the effort to incorporate the Society, recruit its permanent staff, and obtain its early funding. She was a Founding Director of the Federalist Society.
Supreme Court Correspondent, The Washington Post
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined the paper to cover Maryland politics, and has served in various editing positions including metropolitan editor and national political editor . He has covered the Supreme Court since November 2006. He gave up law school plans for a life in newspapers after taking a journalism class in college. It did not occur to him, as it apparently did to others, that he could do both.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Adjunct Professor, George Washington University Law School
Executive Vice President and Senior Counselor to the President, The Federalist Society for Law and Public Policy Studies
B.A., Yale; J.D., University of Chicago. Lee Liberman Otis is the Executive Vice President and Senior Counselor to the President at the Federalist Society. She also serves as a member of the American Law Institute (ALI), a senior fellow of the Administrative Conference (ACUS), and as the co-chair of the National Constitution Center's Coalition of Freedom Advisory Board. She previously was a special assistant and an Associate Deputy Attorney General at the U.S. Department of Justice, General Counsel of the Department of Energy, an associate in the appellate section of Jones, Day, Reavis & Pogue, an associate counsel to President George H.W. Bush, and a law clerk to Associate Justice Antonin Scalia. She also served as an assistant professor of law at George Mason, where she taught legislation, federal jurisdiction, constitutional law, civil procedure, and appellate advocacy. Ms. Otis has been an important member of the Federalist Society team since the organization’s beginnings. Together with David McIntosh, she led the effort to start what became the Chicago chapter of the Society. She also helped organize the Society’s first conference at Yale, its second conference at Chicago, and its first Lawyers Division chapter in Washington DC, as well as the effort to incorporate the Society, recruit its permanent staff, and obtain its early funding. She was a Founding Director of the Federalist Society.
Partner, Gibson, Dunn & Crutcher LLP
Elizabeth Papez is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and a member of the firm’s litigation group. Her practice focuses on high-stakes class actions, complex commercial litigation, and related government investigations and appeals.
As a seasoned litigator and former U.S. Deputy Assistant Attorney General, Ms. Papez has substantial experience representing clients in the financial services, pharmaceutical, consumer, and product sectors. She regularly handles federal class actions, multidistrict litigation (MDLs) and other complex commercial disputes under federal and state antitrust statutes, banking and securities laws, and false claims acts, as well as parallel regulatory investigations with the U.S. Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Food and Drug Administration (FDA).
Ms. Papez has been repeatedly recognized as one of Benchmark USA’s Top 250 Women in Litigation nationwide, which named her a “client favorite” who is “extremely smart and practical and very charismatic,” and is praised by peers as a “fierce, dynamic, bright, powerhouse of a litigator.” Ms. Papez is also recognized in The Legal 500 for her antitrust and appellate work, and by The Best Lawyers in America 2019 for her appellate practice.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law School
Mark joined the Becket team in 2011 and splits his time as Associate Professor at The Catholic University of America, Columbus School of Law, and as Visiting Professor at Harvard Law School. Mark teaches constitutional law, religious liberty, torts, and evidence. He has been voted Teacher of the Year three years in a row by the Law School’s Student Bar Association.
Mark has broad experience litigating First Amendment religious exercise and free speech cases. He has represented the winning parties in a variety of Supreme Court First Amendment cases including Hobby Lobby, Little Sisters, Wheaton College, and Holt. In January 2014, Mark argued before the Supreme Court in McCullen v. Coakley, a First Amendment challenge to a Massachusetts speech restriction outside of abortion clinics. The Justices ruled in favor of his clients 9-0. Mark also led a successful eight-year litigation battle against Governor Blagojevich’s effort to force religious pharmacists to distribute the morning-after and week-after pills.
Mark’s academic writing focuses on the First and Fourteenth Amendments, and has appeared in a variety of prestigious journals, including the Harvard Law Review.
Mark is a widely sought after speaker on constitutional issues, particularly concerning abortion and the First Amendment. Professor Rienzi has been invited to discuss these issues at Harvard Law School, Columbia University Law School, Georgetown University Law Center, Boston College Law School, Notre Dame Law School, the National Press Club, and the Capitol. He has been quoted on constitutional law issues on NPR, in the Washington Times, The New York Daily News, and the Chicago Sun-Times. Mark has also been featured on the Kelly File, Fox News Sunday, Your World with Neil Cavuto, Geraldo at Large, CNN Tonight, CNN Live, Andrea Mitchell Reports, and Wall Street Journal Live.
Prior to joining Becket, Mark served as counsel for the litigation department and the intellectual property litigation practice group of WilmerHale LLP. His practice focused on complex civil and appellate litigation with a particular emphasis on intellectual property and First Amendment issues. Prior to joining WilmerHale, he served as law clerk to the Hon. Stephen F. Williams, senior circuit judge for the U.S. Court of Appeals for the D.C. Circuit. Prior to that, Mark was an editor of the Harvard Law Review, and earned his J.D. from Harvard Law School and B.A. from Princeton University, both with honors.
Director of the Program in Human Rights, Catholic University of America
William L. Saunders is Chair Emeritus of the Religious Liberties Practice Group of the Federalist Society. He is also a religious liberty and human rights scholar as well as director of the Center for Human rights at The Catholic University of America. He is Law Fellow with the Institute for Human Ecology, Professor and Director of the Program in Human Rights in the School of Arts & Sciences and Co-director of the Center for Religious Liberty at the Columbus School of Law. Before joining The Catholic University of America, Mr. Saunders served as Senior Vice President and Senior Counsel with Americans United for Life for ten years. From 1999 to 2009, he was Senior Fellow in Bioethics and Human Rights Counsel at the Family Research Council.
Mr. Saunders attended the University of North Carolina at Chapel Hill on a Morehead scholarship. He obtained his degree in law from the Harvard Law School.
Mr. Saunders was featured in Harvard’s first Guide to Conservative Public Interest Law in 2003 and again in the 2008 edition. He served on Harvard’s Advisory Committee for its 2008 celebration of public interest law. A member of the Supreme Court bar, he has authored numerous legal briefs in state, federal, foreign, and international courts.
Mr. Saunders’ book, Unborn Human Life and Fundamental Rights: Leading Constitutional Cases Under Scrutiny, was published in 2019. His articles and book chapters have been published by the university presses of Harvard, Villanova, Brigham Young, Fordham, Georgetown, Houston, Scranton, and the Catholic University of America, as well as by the Intercollegiate Studies Institute, Freedom House, Greenhaven Press, Rowan & Littlefield, Praeger, St. Augustine’s, and Intervarsity press. He has given lectures and participated in debates at many colleges, universities, and law schools, including Princeton, Harvard, Georgetown, and Notre Dame. He delivered the annual J. Michael Miller Lecture at the University of St. Thomas (on international law) in February 2007, the annual R. Wayne Kraft Memorial Lecture (on bioethics) at DeSales University in February 2004 and the annual James Moore Lecture (on human rights violations in Sudan) at Millikin University in 1999. He has also lectured, and/or has been published, in many foreign countries, including Italy, Germany, Poland, Austria, Spain, Greece, Slovakia, Mexico, Qatar, Malaysia, Romania, the Philippines, Hong Kong, and the United Kingdom.
In addition to speaking and writing frequently on bioethics topics, Mr. Saunders has submitted testimony to the President’s Council on Bioethics, as well as to UNESCO’s Committee on Bioethics, and has briefed Congressional staff and state legislatures. He is a regular columnist for the National Catholic Bioethics Quarterly.
Mr. Saunders has appeared often in the media, including BBC World News, CNN, Fox News, Vatican Radio, and National Public Radio. His articles on issues have appeared in a variety of journals, such as First Things, Human Events, Human Life Review, The Legal Times, Communio, The Family in America: A Journal of Public Policy, Ethics & Medics, and Touchstone.
Mr. Saunders served on the official United States delegation to the UN Special Session on Children in 2001/02. In 2011, he was a speaker at an official briefing at the UN, addressing the topic, why euthanasia is not a human right.
In 2004, he served on the NGO Working Committee in connection with the Doha Intergovernmental Conference for the Family.
Mr. Saunders is Senior Fellow with the Religious Freedom Institute, and Affiliated Scholar with the Pellegrino Center for Clinical Ethics at the Georgetown University School of Medicine. He is President of the Fellowship of Catholic Scholars and a member of the boards of the International Association of Catholic Bioethicists, the International Right to Life Federation, the Institute on Religion and Democracy, and the Society of Catholic Social Scientists.
In 1999, Mr. Saunders founded Sudan Relief and Rescue, Inc., to aid the persecuted church in Sudan. He has worked for and written on behalf of the persecuted church for many years.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Joseph Tartakovsky, Author of The Lives of the Constitution: Ten Exceptional Minds that Shaped America's Supreme Law.
Joseph Tartakovsky is author of The Lives of the Constitution: Ten Exceptional Minds that Shaped America’s Supreme Law (2018) and the former Deputy Solicitor General of Nevada. His writing has appeared in the New York Times, Wall Street Journal, and Los Angeles Times.
Partner, DeMarco Law, PLLC
Joseph V. DeMarco is a partner at DeMarco Law, PLLC where he focuses on counseling clients on complex issues involving information privacy and security, theft of intellectual property, computer intrusions, on-line fraud, and the lawful use of new technology. His years of experience in private practice and in government handling the most difficult cybercrime investigations handled by the United States Attorney’s Office have made him one of the nation’s most sought-after lawyers on Internet crime and the law relating to emerging technologies. In addition to his counsel practice, Mr. DeMarco serves as an Arbitrator, resolving complex commercial and high-technology disputes between businesses. He is on the National Panel of Neutrals of the American Arbitration Association (AAA) and Federal Arbitration, Inc. (FedArb).
From 1997 to 2007, Mr. DeMarco served an Assistant United States Attorney for the Southern District of New York, where he founded and headed the Computer Hacking and Intellectual Property (CHIPs) Program, a group of five prosecutors dedicated to investigating and prosecuting violations of federal cybercrime laws and intellectual property offenses. Under his leadership, CHIPs prosecutions grew from a trickle in 1997 to a top priority of the United States Attorney’s Office, encompassing all forms of criminal activity affecting e-commerce and critical infrastructures including computer hacking crimes; transmission of Internet worms and viruses; electronic theft of trade secrets; illegal use of “spyware”; web-based frauds; unlawful Internet gambling; and criminal copyright and trademark infringement offenses. As a recognized thought leader in the field, Mr. DeMarco was frequently asked to counsel prosecutors and law enforcement agents regarding novel investigative and surveillance techniques and methodologies, and regularly provided advice to the United States Attorney concerning the Office’s most sensitive computer-related investigations. In 2001, Mr. DeMarco also served as a visiting Trial Attorney at the Department of Justice Computer Crimes and Intellectual Property Section in Washington, D.C., where he focused his work on Internet privacy, gaming, and theft of intellectual property.
Since 2002, Mr. DeMarco has served as an Adjunct Professor at Columbia Law School, where he teaches the upper-class Internet and Computer Crimes seminar. He has been invited to speak throughout the world on cybercrime, e-commerce, and IP enforcement. He has lectured on the subject of cybercrime at Harvard Law School, the Practicing Law Institute, the National Advocacy Center, and at the FBI Academy in Quantico, Virginia, and has served as an instructor on cybercrime to judges attending the New York State Judicial Institute.
Prior to joining the United States Attorney’s Office, Mr. DeMarco was a litigation associate at Cravath, Swaine & Moore in New York City, where he concentrated his work on intellectual property, antitrust, and securities law issues for various high-technology clients. Prior to that, Mr. DeMarco served as law clerk to the Honorable J. Daniel Mahoney, United States Circuit Judge for the Second Circuit Court of Appeals.
Mr. DeMarco holds a J.D. magna cum laude from New York University School of Law. At NYU he was a member of the NYU Law Review. He received his B.S.F.S. summa cum laude from the Edmund A. Walsh School of Foreign Service at Georgetown University.
State Court Docket Watch: Berry v. City of Chicago
Christopher Appel
In Berry v. City of Chicago,[1] the Illinois Supreme Court held that plaintiffs alleging an...
State Court Docket Watch: Thompson v. DeSantis
Chloe C. Leedom
On September 11, 2020, the Supreme Court of Florida unanimously granted Florida State Representative Geraldine...
State Court Docket Watch: McClay v. Airport Management Services, LLC
Mark A. Behrens
In McClay v. Airport Management Services, LLC,[1] the Tennessee Supreme Court upheld the state’s $750,000...
Open Questions in Lieu v. Federal Election Commission: Due Process, Adverseness, & Article III Standing
Sam Gedge, John Wrench
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Courthouse Steps Preview: Van Buren v. United States
TeleforumTopics
Supreme Silence: A Decade of Second Amendment Litigation in the Circuits
The Federalist Society is pleased to announce its Student Blog Initiative, a project of the...
Supreme Court Preview: What Is in Store for October Term 2020?
Erin M. Hawley, Orin S. Kerr, Alan B. Morrison, Elizabeth P. Papez, Edward Whelan, Robert Barnes, Lee Liberman Otis
On October 1, 2020, the Federalist Society's Faculty Division and Practice Groups hosted a virtual...
Supreme Court Preview: What Is in Store for October Term 2020?
Robert Barnes, Erin M. Hawley, Orin S. Kerr, Alan B. Morrison, Lee Liberman Otis, Elizabeth P. Papez, Edward Whelan
On October 1, 2020, the Federalist Society's Faculty Division and Practice Groups hosted a virtual...
Religious Liberty at the Supreme Court: Previewing the New Term
Mark L. Rienzi, William L. Saunders
The Supreme Court's most recent term ended with several high-profile liberty rulings, including Espinoza v. Montana...
Book Review: Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court
Ilya Shapiro, Joseph Tartakovsky
The brutal confirmation battles we saw over Supreme Court Justices Neil Gorsuch and Brett Kavanaugh are...