Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Appellate Counsel, Theodore Cooperstein PLLC
Theodore Cooperstein currently is an appellate attorney in the boutique law firm of Theodore Cooperstein PLLC, available for criminal and civil appeals in both state and federal courts. A former career prosecutor with twenty five years of service in the US Department of Justice, he was an Assistant United States Attorney for the Southern District of Florida and the Southern District of Mississippi, and has served as a Military Intelligence Officer in the Army Reserves from 1989 to 2011, retiring with the rank of Lieutenant Colonel. During the Trump Administration, he was appointed and served as the General Counsel of the U.S. Office of Personnel Management. Prior to joining the Southern District of Florida, Mr. Cooperstein served as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Maryland. He previously had served as Counsel to the Deputy Attorney General at the Department of Justice, and as Assistant General Counsel in the FBI Office of the General Counsel.
A.B., Dartmouth College; J.D., Stanford University; LL.M., Comparative and International Law, Georgetown University Law Center; Masters of Strategic Studies, U.S. Army War College
Regulatory Counsel, Americans for Prosperity Foundation
Mike Pepson is regulatory counsel at Americans for Prosperity Foundation, which frequently files amicus briefs in the U.S. Supreme Court, U.S. Courts of Appeals, and state Supreme Courts, as well as public comments in various federal and state regulatory proceedings. Mike assists AFPF with its efforts involving separation of powers, administrative process, criminal justice reform, tech and innovation, and other issues.
He is also Special Counsel for Administrative Law at Cause of Action Institute, where he has been involved in complex civil and criminal litigation in federal district and appellate courts and administrative litigation before federal agencies in a variety of matters, including agency enforcement actions, statutory and constitutional challenges to federal regulations and agency decisions, and Section 1983 challenges to state statutes.
He received his LL.M. from Columbia Law School, J.D. from The Catholic University of America, Columbus School of Law, and B.A. from Loyola College in Baltimore, Maryland.
Ashe Family Chair Professor of Law, Georgia State University College of Law
Eric J. Segall graduated from Emory University, Phi Beta Kappa and summa cum laude, and from Vanderbilt Law School, where he was the research editor for the Law Review and member of Order of the Coif. He clerked for the Chief Judge Charles Moye Jr. for the Northern District of Georgia, and Albert J. Henderson of the 11th Circuit Court of Appeals. After his clerkships, Segall worked for Gibson, Dunn & Crutcher and the U.S. Department of Justice, before joining the Georgia State faculty in 1991.
Segall teaches federal courts and constitutional law I and II. He is the author of the books Originalism as Faith and Supreme Myths: Why the Supreme Court is not a Court and its Justices are not Judges. His articles on constitutional law have appeared in, among others, the Harvard Law Review Forum, the Stanford Law Review On Line, the UCLA Law Review, the George Washington Law Review, the Washington University Law Review, the University of Pennsylvania Journal of Constitutional Law, the Northwestern University Law Review Colloquy, and Constitutional Commentary among many others.
Segall’s op-eds and essays have appeared in the New York Times, the LA Times, The Atlantic, SLATE, Vox, Salon, and the Daily Beast, among others. He has appeared on CNN, Fox News, MSNBC, and France 24 and all four of Atlanta’s local television stations. He has also appeared on numerous local and national radio shows.
Professor Emeritus of Political Science and Professor Emeritus of Public Policy, Univ. of Maryland Baltimore County
George R. La Noue is Professor Emeritus of Political Science and Professor Emeritus of Public Policy at the University of Maryland Baltimore County. He has served as a trial expert in twenty cases involving public procurement preferences. For thirty years, he was Director of the Project on Civil Rights and Public Contracts at UMBC which recently contributed 289 public contracting disparity studies to the Library of Congress. He has been a consultant to nine governments and trial expert in thirty cases where the validity of disparity studies was at issue.
Prof. La Noue can be reached by email at glanoue@umbc.edu.
Erin Smith serves as Associate Counsel at First Liberty Institute. Before joining First Liberty, Erin served as Assistant General Counsel for the Oklahoma State Department of Education. She also served as Assistant Attorney General for the Office of the Oklahoma Attorney General in the Criminal Appeals Unit.
Erin graduated summa cum laude from the Oklahoma City University School of Law. During law school, she served as Editor-in-Chief of the Oklahoma City University Law Review, president of the OKC Student Lawyers Chapter of the Federalist Society and vice president of the OCU Christian Legal Society. She externed for the Solicitor General of Oklahoma, and published her note, Almost Only Counts in Horseshoes, Hand Grenades … and Hardison? The 45-year Reign Continues, in the Oklahoma City University Law Review. Erin spent her summers interning at First Liberty Institute and the Office of the Oklahoma Attorney General.
Erin received her bachelor’s degree in Political Science from Oklahoma State University in 2019, graduating summa cum laude.
Erin is licensed to practice law in Oklahoma.
James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law, University of Virginia School of Law
Professor John C. Harrison is the James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law at the University of Virginia School of Law. He joined the faculty at University of Virginia in 1993 as an associate professor of law after a distinguished career with the U.S. Department of Justice. His teaching subjects include constitutional history, federal courts, remedies, corporations, civil procedure, legislation and property. In 2008 he was on leave from the Law School to serve as counselor on international law in the Office of the Legal Adviser at the U.S. Department of State.
A 1977 graduate of the University of Virginia, Harrison earned his law degree in 1980 at Yale, where he served as editor of the Yale Law Journal and editor and articles editor of the Yale Studies in World Public Order. He was an associate at Patton Boggs & Blow in Washington, D.C., and clerked for Judge Robert Bork on the U.S. Court of Appeals for the District of Columbia Circuit. He worked with the Department of Justice from 1983-93, serving in numerous capacities, including deputy assistant attorney general in the Office of Legal Counsel (1990-93).
William R. Orthwein Distinguished Professor of Law, Washington University in St. Louis School of Law
Professor Ronald M. Levin is a nationally known scholar who specializes in administrative law and related public law issues. He is the co-author of a casebook on state and federal administrative law, now in its third edition, as well as a nutshell on administrative law and process, now in its fifth edition. Formerly the law school's associate dean, he has published numerous articles and book chapters on administrative law topics, including judicial review, rulemaking, and legislative reform of the regulatory process. He also has written about the law of legislation, lobbying, and legislative ethics. Among his professional affiliations, Professor Levin has chaired the ABA Section of Administrative Law and Regulatory Practice and served as the ABA's advisor to the drafting committee to revise the Model State Administrative Procedure Act. He also has chaired the Section on Administrative Law and the Section on Legislation of the Association of American Law Schools (AALS). Currently a public member of the Administrative Conference of the United States (ACUS), he previously served as a consultant to ACUS and to the Supreme Court of Indonesia. Before joining the law faculty, Professor Levin clerked for the Hon. John C. Godbold, U.S. Court of Appeals for the Fifth Circuit, and practiced for three years in Washington, D.C., with the firm of Sutherland, Asbill & Brennan.
Judge, United States Court of Appeals, Second Circuit
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Board Member, U.S. Privacy and Civil Liberties Oversight Board
Beth A. Williams is a Board Member of the United States Privacy and Civil Liberties Oversight Board, an agency whose mission is to ensure that the federal government's efforts to prevent terrorism are balanced with the need to protect privacy and civil liberties.
Prior to her Board service, Ms. Williams was the Assistant Attorney General for the Office of Legal Policy at the United States Department of Justice from August 2017 to December 2020. In that role, she served as the primary policy advisor to the Attorney General and the Deputy Attorney General, and as the Chief Regulatory Officer for the Department. Ms. Williams also led the judicial nomination process for the Department, assisting in the selection and confirmation of more than 230 Article III judges to the bench.
Prior to becoming Assistant Attorney General, Ms. Williams was a litigation and appellate partner at a national law firm, where her practice focused on complex commercial, securities, appellate, and First Amendment litigation. From 2005-2006, Ms. Williams served as Special Counsel to the United States Senate Committee on the Judiciary, where she assisted with the confirmation of Chief Justice John G. Roberts, Jr. and Associate Justice Samuel A. Alito, Jr. to the United States Supreme Court.
Ms. Williams clerked for the Hon. Richard C. Wesley on the United State Court of Appeals for the Second Circuit. She graduated from Harvard College magna cum laude, with a degree in History and Literature, and she earned her law degree from Harvard Law School, where she served as Executive Editor of the Harvard Journal of Law and Public Policy.
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.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Senior Research Fellow (Wolfson College); Fellow (Lauterpacht Centre for International Law), Faculty of Law, University of Cambridge
Over twenty years' experience as legal adviser, advocate, and strategist in complex multi-jurisdiction matters across several substantive fields, including public international law, international investment protection, trade law, and law of the sea. Academic writings on international arbitration, international organizations, use of force, State immunity, State succession, recognition of States, artificial intelligence, law & technology.
Stevenson Bernard Professor, George Washington University Law School
The Honorable F. Scott Kieff is the Stevenson Bernard Professor at George Washington University Law School and a Visiting Fellow at Stanford University’s Hoover Institution.
He served as Commissioner of the U.S. International Trade Commission from 2013-2017. He also served during the Bush, Obama, and Trump Administrations in the part-time leadership of the national security defense-intelligence community.
He was previously a professor of law and medicine at Washington University in Saint Louis and a Senior Fellow at Hoover. A former law clerk to U.S. Circuit Judge Giles S. Rich, he is a graduate of Penn Law School and MIT, where he studied molecular biology and microeconomics. He was elected to the European Academy of Sciences and Arts in 2012 and the Academia Europaea in 2024.
His private sector work through Kieff Strategies LLC (www.kieffstrategies.com) provides neutral services including mediation and compliance, and expert services including crisis management, advising, and testimony.
Former Chief Judge, United States Court of Appeals for the Federal Circuit
Judge Michel served for more than 22 years on the Federal Circuit, retiring on May 31, 2010. From December 25, 2004 until his retirement, he also discharged the duties of Chief Judge of this national court, serving simultaneously on the U.S. Judicial Conference -- the Judiciary's governing body -- and by appointment of the Chief Justice on its seven-judge Executive Committee.
He judged several thousand appeals and authored more than 800 opinions, one third concerning intellectual property law. Intellectual Asset Management magazine inducted him into its Hall of Fame and he was designated one of the 50 most influential leaders in intellectual property law in the world. His contributions were also recognized by lifetime achievement and similar awards by the American Intellectual Property Law Association (AIPLA); Intellectual Property Owners Education Foundation (IPO); the American Bar Association's Intellectual Property Section; Managing Intellectual Property magazine; the Sedona Conference; the Patent and Trademark Office Society (PTOS); the New York, Chicago, Philadelphia, and Los Angeles Intellectual Property Law Associations; and the William C. Connor, the Giles S. Rich, and the Richard Linn Intellectual Property American Inns of Court. In 2010 the Los Angeles IP Inn was renamed in his honor as the Paul R. Michel IP Inn.
Judge Michel received the Jefferson Medal, the Eli Whitney Award, and the Katz-Kiley Prize as well as Honorary Doctor of Law degrees from the Catholic University of America and the John Marshall Law School. He is a lifetime Member of Honore of FICPI, the international association of private practitioners of intellectual property law. Williams College granted him the Kellogg Award for "outstanding leadership in law and public service."
Judge Michel has written numerous articles on patent law and advocacy, taught related courses and master classes at George Washington University, the University of Akron, and John Marshall law schools, serving as well on their IP advisory boards and on counterpart boards at the universities of California (Berkley), Washington, and Maryland. He co-authored a casebook, Patent Litigation and Strategy (West, 1999) and an August 2010 editorial in the New York Times on strengthening the patent system to promote prosperity and create new jobs.
A frequent speaker at conferences and law schools during his judicial tenure and since, he retired from a lifetime appointment to be free to speak out on the national need for better patent policy and protection of intellectual property and the vital, unmet resource needs of the courts, the PTO, the International Trade Commission, and other IP-related agencies. He was appointed Distinguished Scholar in Residence by IPO, following his retirement. Judge Michel also consults for law firms and their clients in intellectual property litigations, conducting moot courts, mock trials, case evaluations, editing briefs, advising on strategy and providing mediation and arbitration services.
Professor of Law, Antonin Scalia Law School, George Mason University
Eric R. Claeys is Professor of Law at the Antonin Scalia Law School, George Mason University. He has written widely in the fields of property, private law, and constitutional law. Professor Claeys’s current research interests focus on flourishing- and labor-based natural rights justifications for property—in American property theory, in intellectual property, and in contemporary regulation of shale gas exploration and hydraulic fracturing. He is a member of the American Law Institute, he serves on the ALI’s Members’ Consultative Group for the first Restatement of Copyright, and he also serves as an adviser to the Restatement (Fourth) of the Law of Property.
Professor Claeys received his JD from the University of Southern California Gould School of Law. He received his AB from Princeton University, and he is a former visiting fellow and current member of Princeton’s Politics Department’s James Madison Program in American Ideals and Institutions. After law school, Professor Claeys clerked for the Hon. Melvin Brunetti, U.S. Court of Appeals for the Ninth Circuit, and the Hon. William H. Rehnquist, Chief Justice of the United States.
Professor Claeys’s main teaching interests include Property, Torts, Jurisprudence, and Intellectual Property. In recent years, he has also taught Water Law, Remedies, Estates and Trusts, Trade Secrecy, Constitutional Law, Torts, and Oil and Gas law. Spring 2018, he is teaching Torts and Jurisprudence as a Visiting Professor at Harvard Law School.
Joel B. Piassick Research Professor of Law, University of Virginia School of Law
Richard M. Re’s primary research and teaching interests are in criminal procedure, federal courts and constitutional law. He joined Virginia’s faculty in 2020 after serving on the faculty of the UCLA School of Law.
Re’s 2016 article, “Narrowing Supreme Court Precedent From Below” received the annual prize from the AALS Federal Courts Section for the best paper on federal courts by an untenured professor. In 2017, the law school's graduating class selected Re as Professor of the Year. And during the oral argument in Hughes v. United States (2018), the justices of the U.S. Supreme Court discussed Re’s amicus brief criticizing the Marks rule.
Re earned an A.B. in social studies from Harvard University and an M.Phil. in political thought and intellectual history from the University of Cambridge. He received his J.D. from Yale Law School. After law school, Re clerked for Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit and then for Justice Anthony M. Kennedy of the Supreme Court of the United States. Re also worked as an Honors Program attorney in the Criminal Appellate Section of the U.S. Department of Justice and practiced law at a firm in Washington, D.C.
Re is also a member of PrawfsBlawg and maintains his own blog, Re’s Judicata.
President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World
Dan Morenoff
For more than fifty years—ever since the Supreme Court decided Griggs v. Duke Power Co.[1]—almost...
Can the Federal Government Ban At-Home Distilling?
Thomas Berry, Theodore Cooperstein, Michael D. Pepson, Eric J. Segall
After the U.S. Supreme Court in Morrison v. Olson (1988) and U.S. v. Lopez (1995)...
The Widening Effect of Students for Fair Admissions
George R. La Noue
Sitting at the top of the judicial pyramid, the Supreme Court makes only a few...
Church, State, and Charter Schools: The Fight Over Faith-Based Public Education in Oklahoma
Erin Smith
In 1999, Oklahoma enacted the Oklahoma Charter Schools Act (Act).[1] Its purpose was multi-faceted:...
Does the Administrative Procedure Act Provide for Universal Vacatur?
John C. Harrison, Ronald M. Levin, Steven J. Menashi, Beth A. Williams
Section 706 of the Administrative Procedure Act instructs courts to "set aside" agency action that...
State Court Docket Watch: Wisconsin Manufacturers v. Evers
Zack Smith
In a 4-3 decision by Justice Rebecca Frank Dallet, the Wisconsin Supreme Court held that...
Courthouse Steps Decision: Biden v. Texas
Ilya Somin
On June 30, 2022, the Supreme Court decided Biden v. Texas. In a 5-4 decision, the...
A Response to: Ten Years On: The America Invents Act and the role of the Patent Trial and Appeal Board in resolving patent disputes
Thomas D. Grant, F. Scott Kieff, Paul Redmond Michel
Join us on July 27 to hear three experts give a response to our April...
Legal Review: Dobbs and the Holdings of Roe and Casey
Eric R. Claeys, Richard M. Re
Before the Supreme Court this term is the question of whether all pre-viability bans on...
A Change in Direction for the Federal Trade Commission?
Lawrence J. Spiwak
While antitrust and regulation are supposed to be two sides of the same coin,[1] there...