Partner, McCarter & English LLP
Mr. Cote represents both small and large businesses and occasionally individuals in both federal and state courts throughout the country. His practice concentrates primarily on hospitality, employment, civil rights, contracts, unfair and deceptive conduct, class action, private property rights and appellate litigation.
During his time with McCarter, Mr. Cote has played an integral role in obtaining several significant victories for the firm's clients, including the dismissal of a challenge under the public trust doctrine to the private ownership of lawfully filled, tidelands that were developed pursuant to a legislative grant issued in 1832 and the successful defense of a large food service company in a case of first impression concerning the application and interpretation of the Massachusetts Tips Act. Mr. Cote was also instrumental in obtaining a sanctions award of $100,000 in connection with a construction accident case brought in bad faith against one of the firm's clients.
Prior to his admission to the bar, Mr. Cote served for over ten years as a paralegal and law clerk in Arizona, Massachusetts, Vermont and Washington, D.C. During this time, he served as the principal legal assistant to the Arizona Legislature's Ombudsman for Private Property Rights. He also clerked for the Honorable Roger J. Marzulla and Nancie G. Marzulla at Defenders of Property Rights, which, at the time, was the nation's only non-profit legal foundation dedicated exclusively to the protection of private property rights. He is a contributing author of that organization's 1999 publication "State Property Rights Legislation Report: Federalism in Action."
Mr. Cote presently serves as the vice-chair of the Boston Lawyers Division of the Federalist Society for Law and Public Policy Studies. He is also a member of the executive committee for the Federalist Society's Litigation Practice Group and the primary author of the Environmental Practice Group's 2001 terrorism briefing paper entitled: "National Security vs. Public Disclosure: The War on Terrorism's Implications Upon Federal Emergency Planning and Right to Know Laws."
General Counsel, House Committee on Homeland Security
Steven Giaier is General Counsel for the Committee on Homeland Security in the U.S. House of Representative. In this role, he serves as the lead staff member on the Committee for all legal issues and legislation action. Over the past several years, he has written several of the most substantial pieces of legislation to move through the Committee and be enacted into law, including the Visa Waiver Program Improvement and Terrorist Travel Prevention Act and the U.S. Customs and Border Protection Authorization Act. Mr. Giaier formerly served as parliamentary advisor to Congressman Peter King during King’s tenure as chairman of the Homeland Security Committee from 2011-2013. He recently coauthored “Turf Wars: How a Jurisdictional Quagmire in Congress Compromises Homeland Security,” published by the New York University Journal of Legislation and Public Policy in the summer of 2015.
Professorial Lecturer in Law, George Washington University Law School
Theodore C. (Ted) Hirt was an attorney in the Department of Justice's Civil Division from August 1979 to March 2016. He was in its Federal Programs Branch from 1979 to 2008 (trial attorney, senior trial counsel, assistant director), and then in its Office of Immigration Litigation from 2008 to 2016 (trial attorney and senior litigation counsel). Among his responsibilities (September 2001 to March 2016) was being an advisor to the Assistant Attorneys General for the Civil Division, who serve ex officio on the Civil Rules Advisory Committee. Mr. Hirt’s areas of specialization include First Amendment issues, internet and telecommunications law, and electronic discovery. From 1976 to 1979, he was an associate at Fried, Frank, Harris, Shriver & Kampelman. From 1975 to 1976 he was an attorney in the Prehearing Division of the Michigan Court of Appeals.
General Counsel, House Committee on Homeland Security
Steven Giaier is General Counsel for the Committee on Homeland Security in the U.S. House of Representative. In this role, he serves as the lead staff member on the Committee for all legal issues and legislation action. Over the past several years, he has written several of the most substantial pieces of legislation to move through the Committee and be enacted into law, including the Visa Waiver Program Improvement and Terrorist Travel Prevention Act and the U.S. Customs and Border Protection Authorization Act. Mr. Giaier formerly served as parliamentary advisor to Congressman Peter King during King’s tenure as chairman of the Homeland Security Committee from 2011-2013. He recently coauthored “Turf Wars: How a Jurisdictional Quagmire in Congress Compromises Homeland Security,” published by the New York University Journal of Legislation and Public Policy in the summer of 2015.
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.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
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.
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