Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
Will Skillman Fellow in Education, Center for Education Policy, The Heritage Foundation
Jonathan Butcher is the Will Skillman Fellow in Education at The Heritage Foundation. He is the author of Splintered: Critical Race Theory and the Progressive War on Truth (Bombardier Books, April 2022). He co-edited and wrote chapters in The Critical Classroom (The Heritage Foundation, 2022), discussing the racial prejudice that comes from the application of critical race theory in K-12 schools. In 2021, South Carolina Gov. Henry McMaster nominated Jonathan to serve on the board of the South Carolina Public Charter School District, a statewide charter school authorizer. He has researched and testified on education policy around the U.S.
Jonathan co-edited and wrote chapters in the book The Not-So-Great Society, which provides conservative solutions to the problems created by the ever-expanding federal footprint in preschool, K-12, and higher education.
In 2018 the Federal Commission on School Safety cited comments from his testimony in the commission’s final report. He has appeared on local and national TV outlets, including C-SPAN, Fox News, and HBO’s Vice News Tonight, and he has been a guest on many radio programs. His commentary has appeared nationally in places such as the Wall Street Journal, Education Week, National Review Online, Newsweek.com, and Forbes.com, along with newspapers around the country.
In 2017 he was a co-recipient of the State Policy Network’s Bob Williams Award for Most Influential Research for a proposal to protect free speech on campus, alongside Stanley Kurtz of the Ethics and Public Policy Center and Jim Manley of the Goldwater Institute.
Jonathan previously served as the education director at the Goldwater Institute, where he remains a senior fellow. He was a member of the Arizona Department of Education’s first Steering Committee for Empowerment Scholarship Accounts, the nation’s first education savings account program. He is also a Senior Fellow with The Beacon Center of Tennessee, a nonpartisan research organization, and a contributing scholar for the Georgia Center for Opportunity.
Prior to joining Goldwater, Jonathan was the director of accountability for the South Carolina Public Charter School District. Jonathan previously studied education policy at the Department of Education Reform at the University of Arkansas and worked with the School Choice Demonstration Project, the research team that evaluated voucher programs in Washington, D.C. and Milwaukee, Wisc.
Jonathan holds a B.A. in English from Furman University and an M.A. in economics from the University of Arkansas.
Co-Founder and President, Defense of Freedom Institute
Bob is a co-founder and President of DFI. He previously served as Senior Counselor to the Secretary of Education from 2017 through 2020 and Deputy General Counsel of the U.S. Department of Education from 2005 until 2009.
During his most recent tenure at the Department, Bob served on the Secretary’s Leadership Team as a strategic and legal adviser on higher education, civil rights, and congressional oversight matters. As the Department’s Regulatory Reform Officer, he also supervised the implementation of the Secretary’s regulatory agenda and was an architect of the Secretary’s reforms concerning Title IX and the Higher Education Act. As Deputy General Counsel, Bob advised on a wide variety of regulatory, legislative, and oversight matters.
Prior to joining the Department in 2017, Bob was vice president for regulatory compliance matters for several postsecondary institutions and practiced education and employment law in Washington, D.C. Before coming to the Department in 2005, he practiced law in New Orleans, litigating commercial, employment, and bankruptcy cases in Louisiana, Texas, and Mississippi.
Bob earned his A.B. in History from Georgetown University, studied British government and international politics at the London School of Economics and Political Science, and received his law degree from Tulane University Law School. His articles have been published by National Review, Real Clear Education, Washington Examiner, and other media outlets. Fox News has featured his work.
Bob is a member of the District of Columbia and Louisiana Bars and the Federalist Society for Law and Public Policy Studies.
President, Thomas B. Fordham Institute
Michael J. Petrilli is president of the Thomas B. Fordham Institute, research fellow at Stanford University’s Hoover Institution, executive editor of Education Next, editor in chief of the Education Gadfly Weekly, host of the Education Gadfly Show podcast, and a contributor at Forbes.com. An award-winning writer, he is the author of The Diverse Schools Dilemma, editor of Education for Upward Mobility, and co-editor of How to Educate an American and Follow the Science to School. An expert on charter schools, school accountability, evidence-based practices, and trends in test scores and other student outcomes, Petrilli has published opinion pieces in the New York Times, Washington Post, Wall Street Journal, Bloomberg, and Slate, and appears frequently on television and radio. Petrilli helped to create the U.S. Department of Education’s Office of Innovation and Improvement and the Policy Innovators in Education Network, and serves on the board of the Association of American Educators Foundation. He lives with his family in Bethesda, Maryland.
Director of Research, National Association of Scholars
David Randall is director of research at the National Association of Scholars (NAS). He has co-authored The Irreproducibility Crisis of Modern Science: Causes, Consequences, and the Road to Reform (2018), as well as articles on the irreproducibility crisis for The Wall Street Journal and The Hill. He has also written reports for the NAS on civics education, social justice education, college common readings, and the College Board’s Advanced Placement European History examination. His academic works include The Concept of Conversation: From Cicero’s Sermo to the Grand Siècle’s Conversation (2018) and The Conversational Enlightenment: The Reconception of Rhetoric in Eighteenth-Century Thought (2019).
David earned a Ph.D. in history from Rutgers University, an M.F.A. in fiction writing from Columbia University, a master’s degree in library science from the Palmer School at Long Island University, and a B.A. from Swarthmore College. Prior to working at NAS he was the sole librarian at the John McEnroe Library at New York Studio School, where he secured a number of grants for the school’s Lecture Series Archive Digitization Project.
Investigative Counsel, U.S. House Committee on Education and the Workforce
Kent Talbert is a Washington, DC-based attorney with over 25 years’ experience in providing advice on education law and policy in Congress, the U.S. Department of Education, and the private sector. His practice includes legal and policy advice to colleges and universities, for-profit schools, accrediting agencies, the pre-K-12 sector, charter school organizations, trade associations, and education-focused companies, as well as service as an expert witness. He currently serves as Investigative Counsel, U.S. House Committee on Education and the Workforce.
Prior to establishing his firm, Mr. Talbert practiced at Talbert & Eitel, PLLC from 2010-2012. From 2006-2009 he served as General Counsel of the U.S. Department of Education, advising the Secretary of Education on a broad range of legal and policy matters, including the reauthorization of the Higher Education Act of 1965, the drafting and implementation of regulations under the No Child Left Behind Act of 2001, and major education law cases pending before the Supreme Court of the United States and other appellate and trial courts. During his tenure as General Counsel, Mr. Talbert served as the Chief Regulatory Officer for the Department, overseeing all documents for publication in the Federal Register.
He has provided legal and strategic advice on the No Child Left Behind Act of 2001, the Higher Education Opportunity Act of 2008, the Ensuring Continued Access to Student Loans Act of 2008, the Freedom of Information Act (FOIA), the Family Educational Rights and Privacy Act (FERPA), the Rehabilitation Act of 1973, the Americans With Disabilities Act, Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), Federal Student Aid program reviews, negotiated rulemaking, and accreditation.
Prior to his service as General Counsel, Mr. Talbert served as the Department's Deputy General Counsel for Departmental and Legislative Service from 2001-2006. Earlier in his career, Mr. Talbert served for over 12 years on House and Senate staff, both as Education Policy Counsel for the Committee on Education and the Workforce in the U.S. House of Representatives, and as a professional staff member of the Committee on Labor and Human Resources (now Committee on Health, Education, Labor, and Pensions) in the U.S. Senate.
Mr. Talbert is a member of the Bars of the District of Columbia and South Carolina, the Alliance of Public Charter School Attorneys, and the National Association of College and University Attorneys where he serves on the Committee on Legal Education. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Fourth Circuit, and all federal courts in South Carolina and Washington, DC.
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.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Vice President & Senior Legal Fellow, Defending Education
Sarah Parshall Perry is vice president and senior legal fellow at Defending Education.
Before coming to Defending Education, Sarah served as a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies, part of the Institute for Constitutional Government at Heritage, where her work centered on civil rights and the proper role of the courts.
Sarah joined Heritage after serving as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education where she focused on policy reform, technical guidance, and the Office for Civil Rights’ (OCR) annual report to Congress. While at OCR, she was appointed by the Acting Assistant Secretary to co-chair the Employment Engagement, Diversity, & Inclusion Council and, in coordination with the Deputy Assistant Secretary for Enforcement oversee the hiring of dozens of attorneys for OCR’s 12 regional offices nationwide. Prior to her tenure at the Department of Education, she spent six years at the Family Research Council in Washington, D.C. where she was Senior Fellow for Education Reform and later, became the regular substitute host for the “Washington Watch” radio show. Her work at the Family Research Council also included the building and oversight of multiple policy coalitions geared toward the fight against antisemitism in academia, curbing tech censorship, and protecting religious liberty.
Before joining FRC, Sarah was in-house counsel and director of development for a Baltimore advertising agency, providing management of all new business transactions from pitch to contract execution for the multi-million-dollar enterprise. She began her practice at the litigation firm of Simms Showers, LLP where her work included Title VII employment discrimination, maritime/admiralty, and False Claims Act (“Qui Tam”) law. Sarah has a law degree from the University of Virginia School of Law, where she was an editor of the Virginia Journal of International Law, a recipient of the American Jurisprudence award, a Phi Delta Phi honor society member, and a student practitioner in the appellate litigation clinic where she argued before the 4th Circuit Court of Appeals. She holds a B.S. in Journalism with honors from Liberty University.
Her commentary and analysis have appeared in media outlets across the country, including the AP, BBC, Fox News, NPR, The Hill, Washington Post, Washington Times, and the New York Times. She is the mother of three children, and the author of just as many books on the trials and triumphs of parenting children on the autism spectrum. Sarah is a member of the Kirkpatrick Society at the American Enterprise Institute, and makes her home north of Baltimore, Maryland.
General Counsel, United States Senator Jim Banks
Fellow, Manhattan Institute
Tim Rosenberger serves as Senior Counsel at the United States Department of Education. He was previously a fellow at the Manhattan Institute and Stanford University’s Center for Entrepreneurial Studies. He was also the founding COO of Verbum Labs and serves as a Chaplain with the Cleveland Division of Police. Before matriculating to law school, he was a legal policy fellow at the Cicero Institute, a parish pastor, and a management consultant with McKinsey & Company.
Tim has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, The Hill, The New York Post, and City Journal. He also regularly provides commentary for various media outlets, testifies before state legislatures, and files dozens of amicus curiae “friend of the court” briefs in the Supreme Court and various circuit courts.
He holds an AB from Georgetown University, a M.Div. from United Lutheran Seminary, a D.Min from the Rawlings School of Divinity, an LL.M. from Universität Wien, and a JD/MBA from Stanford University, where he was Federalist Society Chapter President and served on Law Review. Tim’s research interests lie at the intersection of law, faith, education and entrepreneurship—with a particular focus on leveraging policy to help America’s overlooked populations build lives of dignity.
Pio Cardinal Laghi Distinguished Chair in Law, Professor and Co-director of the Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy, University of St. Thomas School of Law - Minnesota
Professor Gregory Sisk is the Pio Cardinal Laghi Distinguished Chair in Law at the University of St. Thomas School of Law in Minneapolis, Minnesota.
He received his B.A. from Montana State University and his J.D. from the University of Washington School of Law, where he graduated first in his class, was an editor on the law review, and president of the moot court board. Prior to joining the legal academy, he served as a legal advisor in all three branches of the federal government: as a legislative assistant to a U.S. Senator, as a law clerk to a U.S. Court of Appeals judge, and as an appellate attorney with the U.S. Department of Justice representing the United States in the courts of appeals and the Supreme Court. Subsequent to his government service, he was in private practice as the head of the appellate department of a Seattle law firm.
Professor Sisk joined the University of St. Thomas law faculty in 2003, after teaching for twelve years at the Drake University Law School, where he had also been named as the Richard M. & Anita Calkins Distinguished Professor. He teaches Professional Responsibility and Civil Procedure, as well as a new course with original materials on Litigation with the Federal Government. His casebook, "Litigation With the Federal Government: Cases and Materials," was published by Foundation Press in 2000 and has been adopted at several law schools, including Georgetown University, George Washington University, Catholic University, New York University, the University of Pittsburgh, and McGeorge School of Law.
Professor Sisk also is author of the leading treatise on the subject, "Litigation With the Federal Government," published as the fourth edition by ALI-ABA in 2006. He has published nearly three dozen articles on litigation with the federal government, judicial decisionmaking, awards of attorney's fees, professional responsibility, constitutional interpretation, law and religion, and tort reform. His articles have been cited by the United States Supreme Court, several federal courts of appeals, and the supreme courts of several states. His empirical study of judicial decisionmaking and the influence of judicial background, co-authored with Professors Michael Heise and Andrew Morriss, was published in the New York University Law Review and received the 1999 Article Prize from the Law and Society Association.
Professor Sisk has remained active as a member of the legal profession. He served as reporter for the Iowa Rules of Professional Conduct Drafting Committee appointed by the Iowa Supreme Court to draft the new set of ethics rules to govern lawyers in Iowa. He is a member of the American Law Institute, the nation's premier law reform organization. He maintains a limited practice, primarily as an appellate attorney and as an expert witness on professional ethics and conduct. For example, he briefed a leading environmental/federal-common-law case as counsel for amicus curiae and then was invited to argue the central issue before the U.S. Court of Appeals for the Ninth Circuit. More important than success on the merits, however, was the testament that the court gave to the attorneys in the case: "Litigation often produces criticism for its participants. This case, however, was extraordinarily well briefed and argued by consummate professionals on both sides and we are grateful for that." Atchison, Topeka & Santa Fe Railway Co. v. Brown & Bryant, Inc., 132 F.3d 1295, 1303 n.5 (9th Cir. 1997), amended, 159 F.3d 358, 365 n.6 (9th Cir. 1998).
Professor Sisk is also active with the Conference on Catholic Legal Thought, writing and speaking about religion and public life and the role of faith in professional life. He occasionally participates as a member of the Mirror of Justice blog, which present a diverse array of Catholic perspectives on the law, public life, and social justice.
J.D., University of Washington Law School
B.A., Montana State University
Former Chief, DOJ Tax Division, Appellate Section
Francesca Ugolini spent 22 years in the Appellate Section of DOJ’s Tax Division, where she directed all of the federal government’s civil tax litigation in the courts of appeals and assisted the Solicitor General’s office with tax cases in the Supreme Court. Ms. Ugolini received her JD from the University of Virginia School of Law and her B.S. from the University of Maryland at College Park.
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.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Vice President & Senior Legal Fellow, Defending Education
Sarah Parshall Perry is vice president and senior legal fellow at Defending Education.
Before coming to Defending Education, Sarah served as a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies, part of the Institute for Constitutional Government at Heritage, where her work centered on civil rights and the proper role of the courts.
Sarah joined Heritage after serving as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education where she focused on policy reform, technical guidance, and the Office for Civil Rights’ (OCR) annual report to Congress. While at OCR, she was appointed by the Acting Assistant Secretary to co-chair the Employment Engagement, Diversity, & Inclusion Council and, in coordination with the Deputy Assistant Secretary for Enforcement oversee the hiring of dozens of attorneys for OCR’s 12 regional offices nationwide. Prior to her tenure at the Department of Education, she spent six years at the Family Research Council in Washington, D.C. where she was Senior Fellow for Education Reform and later, became the regular substitute host for the “Washington Watch” radio show. Her work at the Family Research Council also included the building and oversight of multiple policy coalitions geared toward the fight against antisemitism in academia, curbing tech censorship, and protecting religious liberty.
Before joining FRC, Sarah was in-house counsel and director of development for a Baltimore advertising agency, providing management of all new business transactions from pitch to contract execution for the multi-million-dollar enterprise. She began her practice at the litigation firm of Simms Showers, LLP where her work included Title VII employment discrimination, maritime/admiralty, and False Claims Act (“Qui Tam”) law. Sarah has a law degree from the University of Virginia School of Law, where she was an editor of the Virginia Journal of International Law, a recipient of the American Jurisprudence award, a Phi Delta Phi honor society member, and a student practitioner in the appellate litigation clinic where she argued before the 4th Circuit Court of Appeals. She holds a B.S. in Journalism with honors from Liberty University.
Her commentary and analysis have appeared in media outlets across the country, including the AP, BBC, Fox News, NPR, The Hill, Washington Post, Washington Times, and the New York Times. She is the mother of three children, and the author of just as many books on the trials and triumphs of parenting children on the autism spectrum. Sarah is a member of the Kirkpatrick Society at the American Enterprise Institute, and makes her home north of Baltimore, Maryland.
General Counsel, United States Senator Jim Banks
Fellow, Manhattan Institute
Tim Rosenberger serves as Senior Counsel at the United States Department of Education. He was previously a fellow at the Manhattan Institute and Stanford University’s Center for Entrepreneurial Studies. He was also the founding COO of Verbum Labs and serves as a Chaplain with the Cleveland Division of Police. Before matriculating to law school, he was a legal policy fellow at the Cicero Institute, a parish pastor, and a management consultant with McKinsey & Company.
Tim has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, The Hill, The New York Post, and City Journal. He also regularly provides commentary for various media outlets, testifies before state legislatures, and files dozens of amicus curiae “friend of the court” briefs in the Supreme Court and various circuit courts.
He holds an AB from Georgetown University, a M.Div. from United Lutheran Seminary, a D.Min from the Rawlings School of Divinity, an LL.M. from Universität Wien, and a JD/MBA from Stanford University, where he was Federalist Society Chapter President and served on Law Review. Tim’s research interests lie at the intersection of law, faith, education and entrepreneurship—with a particular focus on leveraging policy to help America’s overlooked populations build lives of dignity.
Pio Cardinal Laghi Distinguished Chair in Law, Professor and Co-director of the Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy, University of St. Thomas School of Law - Minnesota
Professor Gregory Sisk is the Pio Cardinal Laghi Distinguished Chair in Law at the University of St. Thomas School of Law in Minneapolis, Minnesota.
He received his B.A. from Montana State University and his J.D. from the University of Washington School of Law, where he graduated first in his class, was an editor on the law review, and president of the moot court board. Prior to joining the legal academy, he served as a legal advisor in all three branches of the federal government: as a legislative assistant to a U.S. Senator, as a law clerk to a U.S. Court of Appeals judge, and as an appellate attorney with the U.S. Department of Justice representing the United States in the courts of appeals and the Supreme Court. Subsequent to his government service, he was in private practice as the head of the appellate department of a Seattle law firm.
Professor Sisk joined the University of St. Thomas law faculty in 2003, after teaching for twelve years at the Drake University Law School, where he had also been named as the Richard M. & Anita Calkins Distinguished Professor. He teaches Professional Responsibility and Civil Procedure, as well as a new course with original materials on Litigation with the Federal Government. His casebook, "Litigation With the Federal Government: Cases and Materials," was published by Foundation Press in 2000 and has been adopted at several law schools, including Georgetown University, George Washington University, Catholic University, New York University, the University of Pittsburgh, and McGeorge School of Law.
Professor Sisk also is author of the leading treatise on the subject, "Litigation With the Federal Government," published as the fourth edition by ALI-ABA in 2006. He has published nearly three dozen articles on litigation with the federal government, judicial decisionmaking, awards of attorney's fees, professional responsibility, constitutional interpretation, law and religion, and tort reform. His articles have been cited by the United States Supreme Court, several federal courts of appeals, and the supreme courts of several states. His empirical study of judicial decisionmaking and the influence of judicial background, co-authored with Professors Michael Heise and Andrew Morriss, was published in the New York University Law Review and received the 1999 Article Prize from the Law and Society Association.
Professor Sisk has remained active as a member of the legal profession. He served as reporter for the Iowa Rules of Professional Conduct Drafting Committee appointed by the Iowa Supreme Court to draft the new set of ethics rules to govern lawyers in Iowa. He is a member of the American Law Institute, the nation's premier law reform organization. He maintains a limited practice, primarily as an appellate attorney and as an expert witness on professional ethics and conduct. For example, he briefed a leading environmental/federal-common-law case as counsel for amicus curiae and then was invited to argue the central issue before the U.S. Court of Appeals for the Ninth Circuit. More important than success on the merits, however, was the testament that the court gave to the attorneys in the case: "Litigation often produces criticism for its participants. This case, however, was extraordinarily well briefed and argued by consummate professionals on both sides and we are grateful for that." Atchison, Topeka & Santa Fe Railway Co. v. Brown & Bryant, Inc., 132 F.3d 1295, 1303 n.5 (9th Cir. 1997), amended, 159 F.3d 358, 365 n.6 (9th Cir. 1998).
Professor Sisk is also active with the Conference on Catholic Legal Thought, writing and speaking about religion and public life and the role of faith in professional life. He occasionally participates as a member of the Mirror of Justice blog, which present a diverse array of Catholic perspectives on the law, public life, and social justice.
J.D., University of Washington Law School
B.A., Montana State University
Former Chief, DOJ Tax Division, Appellate Section
Francesca Ugolini spent 22 years in the Appellate Section of DOJ’s Tax Division, where she directed all of the federal government’s civil tax litigation in the courts of appeals and assisted the Solicitor General’s office with tax cases in the Supreme Court. Ms. Ugolini received her JD from the University of Virginia School of Law and her B.S. from the University of Maryland at College Park.
Professor of Law, High Point School of Law
Scott Gaylord directs High Point Law’s Appellate Litigation Clinic and serves as a Professor of Law, teaching Constitutional Law and related upper-level elective courses. The Appellate Clinic works with students to write and file briefs in significant court cases, including appeals before the United States Supreme Court.
Professor Gaylord is a prominent Constitutional Law scholar with an impressive background in both academia and legal practice. He has authored or co-authored 18 substantial law review articles, co-authored a Constitutional Law casebook, and has written more than 35 amicus briefs to the U.S. Supreme Court and federal circuit courts on prominent national cases involving religious liberty and free speech. He is a frequent speaker on constitutional law and First Amendment topics at law schools across the country and has regularly provided commentary on ongoing constitutional issues to national media outlets, including th eNew York Times, USA Today, the Diane Rehm Show, NPR, The National Constitution Center, and Bloomberg Law.
Professor Gaylord also started an appellate advocacy clinic at his former law school and currently serves on the North Carolina Chief Justice’s Commission on Professionalism, along with holding many other service and leadership roles. Prior to joining the academy in 2007, he practiced complex civil and commercial litigation with the Charlotte firm of Robinson Bradshaw & Hinson, and he clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit.
Professor Gaylord earned his B.A. in philosophy and English, summa cum laude, from Colgate University, his Ph.D. in philosophy from the University of North Carolina at Chapel Hill, and his J.D. from Notre Dame Law School, where he also graduated summa cum laude.
Will Skillman Fellow in Education, Center for Education Policy, The Heritage Foundation
Jonathan Butcher is the Will Skillman Fellow in Education at The Heritage Foundation. He is the author of Splintered: Critical Race Theory and the Progressive War on Truth (Bombardier Books, April 2022). He co-edited and wrote chapters in The Critical Classroom (The Heritage Foundation, 2022), discussing the racial prejudice that comes from the application of critical race theory in K-12 schools. In 2021, South Carolina Gov. Henry McMaster nominated Jonathan to serve on the board of the South Carolina Public Charter School District, a statewide charter school authorizer. He has researched and testified on education policy around the U.S.
Jonathan co-edited and wrote chapters in the book The Not-So-Great Society, which provides conservative solutions to the problems created by the ever-expanding federal footprint in preschool, K-12, and higher education.
In 2018 the Federal Commission on School Safety cited comments from his testimony in the commission’s final report. He has appeared on local and national TV outlets, including C-SPAN, Fox News, and HBO’s Vice News Tonight, and he has been a guest on many radio programs. His commentary has appeared nationally in places such as the Wall Street Journal, Education Week, National Review Online, Newsweek.com, and Forbes.com, along with newspapers around the country.
In 2017 he was a co-recipient of the State Policy Network’s Bob Williams Award for Most Influential Research for a proposal to protect free speech on campus, alongside Stanley Kurtz of the Ethics and Public Policy Center and Jim Manley of the Goldwater Institute.
Jonathan previously served as the education director at the Goldwater Institute, where he remains a senior fellow. He was a member of the Arizona Department of Education’s first Steering Committee for Empowerment Scholarship Accounts, the nation’s first education savings account program. He is also a Senior Fellow with The Beacon Center of Tennessee, a nonpartisan research organization, and a contributing scholar for the Georgia Center for Opportunity.
Prior to joining Goldwater, Jonathan was the director of accountability for the South Carolina Public Charter School District. Jonathan previously studied education policy at the Department of Education Reform at the University of Arkansas and worked with the School Choice Demonstration Project, the research team that evaluated voucher programs in Washington, D.C. and Milwaukee, Wisc.
Jonathan holds a B.A. in English from Furman University and an M.A. in economics from the University of Arkansas.
Co-Founder and President, Defense of Freedom Institute
Bob is a co-founder and President of DFI. He previously served as Senior Counselor to the Secretary of Education from 2017 through 2020 and Deputy General Counsel of the U.S. Department of Education from 2005 until 2009.
During his most recent tenure at the Department, Bob served on the Secretary’s Leadership Team as a strategic and legal adviser on higher education, civil rights, and congressional oversight matters. As the Department’s Regulatory Reform Officer, he also supervised the implementation of the Secretary’s regulatory agenda and was an architect of the Secretary’s reforms concerning Title IX and the Higher Education Act. As Deputy General Counsel, Bob advised on a wide variety of regulatory, legislative, and oversight matters.
Prior to joining the Department in 2017, Bob was vice president for regulatory compliance matters for several postsecondary institutions and practiced education and employment law in Washington, D.C. Before coming to the Department in 2005, he practiced law in New Orleans, litigating commercial, employment, and bankruptcy cases in Louisiana, Texas, and Mississippi.
Bob earned his A.B. in History from Georgetown University, studied British government and international politics at the London School of Economics and Political Science, and received his law degree from Tulane University Law School. His articles have been published by National Review, Real Clear Education, Washington Examiner, and other media outlets. Fox News has featured his work.
Bob is a member of the District of Columbia and Louisiana Bars and the Federalist Society for Law and Public Policy Studies.
President, Thomas B. Fordham Institute
Michael J. Petrilli is president of the Thomas B. Fordham Institute, research fellow at Stanford University’s Hoover Institution, executive editor of Education Next, editor in chief of the Education Gadfly Weekly, host of the Education Gadfly Show podcast, and a contributor at Forbes.com. An award-winning writer, he is the author of The Diverse Schools Dilemma, editor of Education for Upward Mobility, and co-editor of How to Educate an American and Follow the Science to School. An expert on charter schools, school accountability, evidence-based practices, and trends in test scores and other student outcomes, Petrilli has published opinion pieces in the New York Times, Washington Post, Wall Street Journal, Bloomberg, and Slate, and appears frequently on television and radio. Petrilli helped to create the U.S. Department of Education’s Office of Innovation and Improvement and the Policy Innovators in Education Network, and serves on the board of the Association of American Educators Foundation. He lives with his family in Bethesda, Maryland.
Director of Research, National Association of Scholars
David Randall is director of research at the National Association of Scholars (NAS). He has co-authored The Irreproducibility Crisis of Modern Science: Causes, Consequences, and the Road to Reform (2018), as well as articles on the irreproducibility crisis for The Wall Street Journal and The Hill. He has also written reports for the NAS on civics education, social justice education, college common readings, and the College Board’s Advanced Placement European History examination. His academic works include The Concept of Conversation: From Cicero’s Sermo to the Grand Siècle’s Conversation (2018) and The Conversational Enlightenment: The Reconception of Rhetoric in Eighteenth-Century Thought (2019).
David earned a Ph.D. in history from Rutgers University, an M.F.A. in fiction writing from Columbia University, a master’s degree in library science from the Palmer School at Long Island University, and a B.A. from Swarthmore College. Prior to working at NAS he was the sole librarian at the John McEnroe Library at New York Studio School, where he secured a number of grants for the school’s Lecture Series Archive Digitization Project.
Investigative Counsel, U.S. House Committee on Education and the Workforce
Kent Talbert is a Washington, DC-based attorney with over 25 years’ experience in providing advice on education law and policy in Congress, the U.S. Department of Education, and the private sector. His practice includes legal and policy advice to colleges and universities, for-profit schools, accrediting agencies, the pre-K-12 sector, charter school organizations, trade associations, and education-focused companies, as well as service as an expert witness. He currently serves as Investigative Counsel, U.S. House Committee on Education and the Workforce.
Prior to establishing his firm, Mr. Talbert practiced at Talbert & Eitel, PLLC from 2010-2012. From 2006-2009 he served as General Counsel of the U.S. Department of Education, advising the Secretary of Education on a broad range of legal and policy matters, including the reauthorization of the Higher Education Act of 1965, the drafting and implementation of regulations under the No Child Left Behind Act of 2001, and major education law cases pending before the Supreme Court of the United States and other appellate and trial courts. During his tenure as General Counsel, Mr. Talbert served as the Chief Regulatory Officer for the Department, overseeing all documents for publication in the Federal Register.
He has provided legal and strategic advice on the No Child Left Behind Act of 2001, the Higher Education Opportunity Act of 2008, the Ensuring Continued Access to Student Loans Act of 2008, the Freedom of Information Act (FOIA), the Family Educational Rights and Privacy Act (FERPA), the Rehabilitation Act of 1973, the Americans With Disabilities Act, Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), Federal Student Aid program reviews, negotiated rulemaking, and accreditation.
Prior to his service as General Counsel, Mr. Talbert served as the Department's Deputy General Counsel for Departmental and Legislative Service from 2001-2006. Earlier in his career, Mr. Talbert served for over 12 years on House and Senate staff, both as Education Policy Counsel for the Committee on Education and the Workforce in the U.S. House of Representatives, and as a professional staff member of the Committee on Labor and Human Resources (now Committee on Health, Education, Labor, and Pensions) in the U.S. Senate.
Mr. Talbert is a member of the Bars of the District of Columbia and South Carolina, the Alliance of Public Charter School Attorneys, and the National Association of College and University Attorneys where he serves on the Committee on Legal Education. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Fourth Circuit, and all federal courts in South Carolina and Washington, DC.
General Counsel, United States Senator Jim Banks
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.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Vice President & Senior Legal Fellow, Defending Education
Sarah Parshall Perry is vice president and senior legal fellow at Defending Education.
Before coming to Defending Education, Sarah served as a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies, part of the Institute for Constitutional Government at Heritage, where her work centered on civil rights and the proper role of the courts.
Sarah joined Heritage after serving as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education where she focused on policy reform, technical guidance, and the Office for Civil Rights’ (OCR) annual report to Congress. While at OCR, she was appointed by the Acting Assistant Secretary to co-chair the Employment Engagement, Diversity, & Inclusion Council and, in coordination with the Deputy Assistant Secretary for Enforcement oversee the hiring of dozens of attorneys for OCR’s 12 regional offices nationwide. Prior to her tenure at the Department of Education, she spent six years at the Family Research Council in Washington, D.C. where she was Senior Fellow for Education Reform and later, became the regular substitute host for the “Washington Watch” radio show. Her work at the Family Research Council also included the building and oversight of multiple policy coalitions geared toward the fight against antisemitism in academia, curbing tech censorship, and protecting religious liberty.
Before joining FRC, Sarah was in-house counsel and director of development for a Baltimore advertising agency, providing management of all new business transactions from pitch to contract execution for the multi-million-dollar enterprise. She began her practice at the litigation firm of Simms Showers, LLP where her work included Title VII employment discrimination, maritime/admiralty, and False Claims Act (“Qui Tam”) law. Sarah has a law degree from the University of Virginia School of Law, where she was an editor of the Virginia Journal of International Law, a recipient of the American Jurisprudence award, a Phi Delta Phi honor society member, and a student practitioner in the appellate litigation clinic where she argued before the 4th Circuit Court of Appeals. She holds a B.S. in Journalism with honors from Liberty University.
Her commentary and analysis have appeared in media outlets across the country, including the AP, BBC, Fox News, NPR, The Hill, Washington Post, Washington Times, and the New York Times. She is the mother of three children, and the author of just as many books on the trials and triumphs of parenting children on the autism spectrum. Sarah is a member of the Kirkpatrick Society at the American Enterprise Institute, and makes her home north of Baltimore, Maryland.
Fellow, Manhattan Institute
Tim Rosenberger serves as Senior Counsel at the United States Department of Education. He was previously a fellow at the Manhattan Institute and Stanford University’s Center for Entrepreneurial Studies. He was also the founding COO of Verbum Labs and serves as a Chaplain with the Cleveland Division of Police. Before matriculating to law school, he was a legal policy fellow at the Cicero Institute, a parish pastor, and a management consultant with McKinsey & Company.
Tim has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, The Hill, The New York Post, and City Journal. He also regularly provides commentary for various media outlets, testifies before state legislatures, and files dozens of amicus curiae “friend of the court” briefs in the Supreme Court and various circuit courts.
He holds an AB from Georgetown University, a M.Div. from United Lutheran Seminary, a D.Min from the Rawlings School of Divinity, an LL.M. from Universität Wien, and a JD/MBA from Stanford University, where he was Federalist Society Chapter President and served on Law Review. Tim’s research interests lie at the intersection of law, faith, education and entrepreneurship—with a particular focus on leveraging policy to help America’s overlooked populations build lives of dignity.
Pio Cardinal Laghi Distinguished Chair in Law, Professor and Co-director of the Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy, University of St. Thomas School of Law - Minnesota
Professor Gregory Sisk is the Pio Cardinal Laghi Distinguished Chair in Law at the University of St. Thomas School of Law in Minneapolis, Minnesota.
He received his B.A. from Montana State University and his J.D. from the University of Washington School of Law, where he graduated first in his class, was an editor on the law review, and president of the moot court board. Prior to joining the legal academy, he served as a legal advisor in all three branches of the federal government: as a legislative assistant to a U.S. Senator, as a law clerk to a U.S. Court of Appeals judge, and as an appellate attorney with the U.S. Department of Justice representing the United States in the courts of appeals and the Supreme Court. Subsequent to his government service, he was in private practice as the head of the appellate department of a Seattle law firm.
Professor Sisk joined the University of St. Thomas law faculty in 2003, after teaching for twelve years at the Drake University Law School, where he had also been named as the Richard M. & Anita Calkins Distinguished Professor. He teaches Professional Responsibility and Civil Procedure, as well as a new course with original materials on Litigation with the Federal Government. His casebook, "Litigation With the Federal Government: Cases and Materials," was published by Foundation Press in 2000 and has been adopted at several law schools, including Georgetown University, George Washington University, Catholic University, New York University, the University of Pittsburgh, and McGeorge School of Law.
Professor Sisk also is author of the leading treatise on the subject, "Litigation With the Federal Government," published as the fourth edition by ALI-ABA in 2006. He has published nearly three dozen articles on litigation with the federal government, judicial decisionmaking, awards of attorney's fees, professional responsibility, constitutional interpretation, law and religion, and tort reform. His articles have been cited by the United States Supreme Court, several federal courts of appeals, and the supreme courts of several states. His empirical study of judicial decisionmaking and the influence of judicial background, co-authored with Professors Michael Heise and Andrew Morriss, was published in the New York University Law Review and received the 1999 Article Prize from the Law and Society Association.
Professor Sisk has remained active as a member of the legal profession. He served as reporter for the Iowa Rules of Professional Conduct Drafting Committee appointed by the Iowa Supreme Court to draft the new set of ethics rules to govern lawyers in Iowa. He is a member of the American Law Institute, the nation's premier law reform organization. He maintains a limited practice, primarily as an appellate attorney and as an expert witness on professional ethics and conduct. For example, he briefed a leading environmental/federal-common-law case as counsel for amicus curiae and then was invited to argue the central issue before the U.S. Court of Appeals for the Ninth Circuit. More important than success on the merits, however, was the testament that the court gave to the attorneys in the case: "Litigation often produces criticism for its participants. This case, however, was extraordinarily well briefed and argued by consummate professionals on both sides and we are grateful for that." Atchison, Topeka & Santa Fe Railway Co. v. Brown & Bryant, Inc., 132 F.3d 1295, 1303 n.5 (9th Cir. 1997), amended, 159 F.3d 358, 365 n.6 (9th Cir. 1998).
Professor Sisk is also active with the Conference on Catholic Legal Thought, writing and speaking about religion and public life and the role of faith in professional life. He occasionally participates as a member of the Mirror of Justice blog, which present a diverse array of Catholic perspectives on the law, public life, and social justice.
J.D., University of Washington Law School
B.A., Montana State University
Former Chief, DOJ Tax Division, Appellate Section
Francesca Ugolini spent 22 years in the Appellate Section of DOJ’s Tax Division, where she directed all of the federal government’s civil tax litigation in the courts of appeals and assisted the Solicitor General’s office with tax cases in the Supreme Court. Ms. Ugolini received her JD from the University of Virginia School of Law and her B.S. from the University of Maryland at College Park.
Structure Over Spectacle: The Supreme Court's 2024 Term
Donald A. Daugherty, David C. Tryon
After several years of headline-grabbing decisions that reshaped national political debate—from abortion and affirmative action...
Topics
The Impact of President Trump’s Executive Order on Accreditation in Higher Education
In his April 23 executive order Reforming Accreditation to Strengthen Higher Education, President Trump stated that “accreditors...
Can the President Shut Down the Department of Education?
Jonathan Butcher, Robert S. Eitel, Michael J. Petrilli, David Randall, Kent D. Talbert
On March 20, President Trump signed E.O. 14242, Improving Education Outcomes by Empowering Parents, States, and Communities,...
Can the President Shut Down the Department of Education?
A Regulatory Transparency Project Webinar
A Seat at the Sitting - April 2025
Thomas Berry, Brian T. Fitzpatrick, Sarah Parshall Perry, Elle Rogers Bernstein, Tim Rosenberger, Gregory Sisk, Francesca Ugolini
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - April 2025
Thomas Berry, Brian T. Fitzpatrick, Sarah Parshall Perry, Elle Rogers Bernstein, Tim Rosenberger, Gregory Sisk, Francesca Ugolini
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - April 2025
The April Docket in 90 Minutes or Less
North Carolina Supreme Court Upholds State-Funded Private School Scholarships For Economically Disadvantaged Students
Scott W. Gaylord
In Hart v. State,1 the North Carolina Supreme Court considered whether the Opportunity Scholarship Program (“OSP”),2 which provided...