Raoul Berger Professor of Legal History at Northwestern University School of Law
Stephen Presser is a leading American legal historian and expert on shareholder liability for corporate debts. He is frequently an invited witness before committees of the U.S. Senate and House of Representatives on issues of constitutional law. He holds a joint appointment with the J. L. Kellogg Graduate School of Management and also teaches in Northwestern's history department.
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.
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.
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.
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.
Partner, O'Melveny & Myers LLP
Gregory Jacob is a partner in O’Melveny’s Washington, D.C. office. Greg Jacob represents financial services companies including banks, investment managers, health care payors, and insurers, as well as other employers, in class action and other litigation concerning ERISA and other labor and employment matters. A former Solicitor of Labor, Greg has extensive knowledge on a wide variety of labor and employment issues including ERISA, FLSA, OFCCP, and whistleblower law. He regularly litigates in federal courts throughout the country, defends clients against Department of Labor investigations, and provides counseling to plans and plan sponsors.
Prior to rejoining O’Melveny in 2021, Greg served as Counsel to Vice President Pence and Deputy Assistant to the President. He directly advised the Vice President on all legal issues relating to the Office of the Vice President, and advised the White House Coronavirus Task Force concerning the Defense Production Act and other legal issues related to bolstering the domestic supply chain.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Foundation for Individual Rights in Education
Susan Kruth earned her B.A. from New York University’s Gallatin School of Individualized Study in 2007, with a concentration in music and film. While attending the University of Virginia School of Law, she served as musical director of the law school’s a cappella group, the A Cappellate Opinions, and performed in UVA Law’s spring musical comedy program, the Libel Show. She also completed internships with the Transgender Legal Defense & Education Fund and the American Civil Liberties Union LGBT & AIDS Project. Ms. Kruth earned her J.D. in 2011 and is licensed to practice law in Virginia and Pennsylvania. After law school, she worked for the Thomas Jefferson Center for the Protection of Free Expression in Charlottesville, Virginia, before moving to Philadelphia to work at FIRE. She previously served as editor-in-chief of FIRE’s blog and as a member of FIRE’s litigation team, and she now works in FIRE’s legal and public advocacy department.
Foundation for Individual Rights in Education
Susan Kruth earned her B.A. from New York University’s Gallatin School of Individualized Study in 2007, with a concentration in music and film. While attending the University of Virginia School of Law, she served as musical director of the law school’s a cappella group, the A Cappellate Opinions, and performed in UVA Law’s spring musical comedy program, the Libel Show. She also completed internships with the Transgender Legal Defense & Education Fund and the American Civil Liberties Union LGBT & AIDS Project. Ms. Kruth earned her J.D. in 2011 and is licensed to practice law in Virginia and Pennsylvania. After law school, she worked for the Thomas Jefferson Center for the Protection of Free Expression in Charlottesville, Virginia, before moving to Philadelphia to work at FIRE. She previously served as editor-in-chief of FIRE’s blog and as a member of FIRE’s litigation team, and she now works in FIRE’s legal and public advocacy department.
Professor of Law, University of Illinois College of Law
Professor Lesley Wexler joined the Illinois Law School faculty in fall 2010, teaching torts, laws of war and international environmental law. Before coming to Illinois, Professor Wexler taught at the Florida State University College of Law. Prior to teaching at Florida State, she spent two years at the University of Chicago Law School as a Bigelow Fellow and Lecturer on Law.
Professor Wexler has broad research interests in international humanitarian law, human rights law, and sex discrimination. Professor Wexler specializes in those legal areas that reflect the movement of anti-discrimination and humanitarian norms through domestic law, international law, social movements, and corporations. She has written on the legitimacy of targeting decisions, the blood diamond trade, and the regulation of depleted uranium and landmines, along with a series of articles on human rights impact statements. Her work has drawn on case studies using DeBeers, Wal-Mart, and Chik-fil-A.
Professor Wexler earned her BA with honors from the University of Michigan and her JD with honors from the University of Chicago Law School. While in law school, she served on the board of both the Chicago International Law Journal and the Chicago Legal Forum.
Professor Wexler has clerked for Judge Thomas Reaveley of the U.S. Court of Appeals for the Fifth Circuit. She has also clerked for Judge William Wayne Justice on the U.S. District Court for the Eastern District of Texas. She worked for two law firms: Sidley, Austin, Brown & Wood (Chicago, Washington D.C.) as well as Wilmer Cutler & Pickering (Washington D.C.).
The Tenacity of Transformation Theory, and Why Constitutional History Deserves Better
Stephen B. Presser
A review of The Second Creation: Fixing the American Constitution in the Founding Era, by...
2018 Civil Justice Update
Mark A. Behrens, Christopher Appel
Note from the Editor: The Federalist Society takes seriously its responsibility as a non-partisan institution...
Gamble v. United States [SCOTUSbrief]
Ilya Shapiro
While the Fifth Amendment protects against double jeopardy, Terance Gamble has received two sentences and...
Due Process/Title IX and Campus Sexual Assault
New Hampshire Student Chapter
Concord, NHWill We Soon Have Clarity on Navigable Waters?: How the Supreme Court’s October 2017 Term Set the Stage
Tony Francois
Note from the Editor: This article discusses the longstanding legal battle over the meaning of...
You’re Not Fired: Do Civil Servants Have a Property Interest in Their Job? [POLICYbrief]
Gregory Frederick Jacob
According to Supreme Court precedent, some civil servants have a property interest in their job...
Due Process, Title IX, and Campus Sexual Assault
Illinois Student Chapter
Champaign, ILTopics
Is Public Nuisance Doctrine Becoming an Exception to the Rule of Law?
Is there a growing trend of cases attempting to create a backdoor to traditional standards...
The Supreme Court Tackles Patent Reform: Inter Partes Review Under the AIA Undermines the Structural Protections Offered by Article III Courts
Richard A. Epstein
Note from the Editor: This article criticizes Justice Clarence Thomas’ opinion in Oil States. It...
The Supreme Court Tackles Patent Reform: Further Reflections on the Oil States Case after Oral Argument Before the Supreme Court
Richard A. Epstein
Note from the Editor: This article provides alternative answers to some of the questions posed...