Anne Shea Ransdell and William Garland "Buck" Ransdell, Jr. Distinguished Professor of Law, University of North Carolina School of Law
Carissa Byrne Hessick joined the Carolina Law faculty in 2016. She serves as the Anne Shea Ransdell and William Garland “Buck” Ransdell, Jr. Distinguished Professor of Law and as the director of the Prosecutors and Politics Project. Her teaching and research interests include criminal law, the structure of the criminal justice system, criminal sentencing, and child pornography crimes. Hessick is the author of multiple law review articles, essays, and op eds on plea bargaining, the powers and selection of prosecutors, Sixth Amendment sentencing rights, and criminal statutes. Her work has appeared in the California Law Review, the Cornell Law Review, the L.A. Times, the UCLA Law Review, and the Virginia Law Review, among others. She founded the Prosecutors and Politics Project in 2018. And she currently serves as the Reporter for the ABA Criminal Justice Section’s Sentencing Standards Task Force.
Hessick attended Yale Law School, where she was an editor of the Yale Law Journal and winner of the Potter Stewart Prize for the Morris Tyler Moot Court of Appeals. After graduating from law school, she clerked for Judge Barbara S. Jones on the Southern District of New York and for Judge A. Raymond Randolph on the D.C. Circuit. She also worked as a litigation associate at Wachtell, Lipton, Rosen & Katz in New York City. Before joining the faculty at Carolina Law, Hessick taught on the faculties at Arizona State University’s Sandra Day O’Connor College of Law and the University of Utah’s S.J. Quinney College of Law. She also spent two years as a Climenko Fellow at Harvard Law School.
Criminal Trial and Appellate Lawyer, Markus/ Moss
David Oscar Markus is a magna cum laude graduate of Harvard Law School. David is known for his creative and unrelenting approach to cases, which leads to wins in trials and appeals. David focuses on high-stakes criminal litigation for both white collar and traditional criminal matters.
Best Lawyers named David “Lawyer of the Year” for White Collar Criminal Law in 2020 and for General Criminal Defense in 2017. And the Dade County Bar Association awarded him the “Legal Luminary” award for criminal defense, an honor voted on by members of the legal community. In 2015, the National Law Journal selected him as one of the Trailblazers for White Collar Criminal Defense in the entire country. Back when he was 29 years old (in 2002), the National Law Journal selected him as one of the top 40 litigators in the country under 40 years old, and it has recognized one of his federal trial victories as one of the top ten defense verdicts in the country that year.
In one trial victory, David not only beat all 141 counts in federal court for a doctor, but then won attorneys’ fees and costs of over $600,000 for his client in a first-of-its-kind victory. Based on that case, he was awarded the highest honor — the Rodney Thaxton “against all odds” award — by the Florida Association of Criminal Defense Lawyers. Although the 11th Circuit reversed the fee award in a number of controversial opinions, the court referred to Markus as an “elite” and “superb” attorney. In another case, David challenged the way the federal court system in Miami selected jurors (alphabetically by last name) and won, which changed the jury selection process in the District. After obtaining a fair jury, Markus’ client was found not guilty. He never stops fighting for his clients.
Based on this type of creative and unique lawyering, in 2010, David was one of eight finalists in the country for best white-collar criminal lawyer in the country by Chambers & Partners, which quoted market sources saying that David is “the whole package,” and “a creative, courageous and tenacious courtroom advocate.” And he was named to that very prestigious short list of 8 best white-collar criminal defense lawyers again in 2011 (he was the only lawyer listed who was not from a large firm). The 2012 Chambers said this: “David Markus received strong praise from peers and clients alike, who describe him as ‘a legal genius and brilliant strategist with a great demeanor.'” A recent Chambers & Partners described David as a “wickedly smart and a terrific trial lawyer. … Clients say that he is ‘thrilling’ to watch in court and that ‘his passion appreciation and enjoyment for his work are contagious.” And in 2014, that publication identified David as “one of the best trial lawyers around: very smart, highly respected and thoroughly prepared.” In 2016, Chambers said: “David Markus is one of the most talented criminal defense lawyers in Florida. He has a wealth of litigation experience and is regularly sought after for his counsel in high-stakes tax and criminal antitrust cases. Sources also describe him as an ‘extremely creative thinker and a great oral advocate’ who gets ‘tremendous results.'” Chambers has also explained: “David Markus is amazing, not only because of the strength and genius of his arguments and motions, but also because of his brilliant and astonishing performances during the hearings. Additionally, he radiates so much confidence, and that in itself soothes the usual anguish and anxiety that you endure during these types of situations. Last but not least, he is such a great human being.” In 2020, that publication said that David “is an exceptional trial lawyer,” “an incredible oral advocate” and that “he’s pretty fearless in terms of dealing with the government.”
Since 2010, David has been listed as one of the top 100 lawyers in Miami and in all of Florida by SuperLawyers. He is one of the few criminal defense lawyers to received such an honor. He is frequently named as one of the top lawyers in the Best Lawyers in America, South Florida Legal Guide, Florida Trend Magazine, Chambers & Partners, and the South Florida Business Journal. He was one of 20 lawyers named a key partner by the South Florida Business Journal in 2011 and again in 2012. The Daily Business Review named him a finalist for Most Effective Lawyer in Criminal Justice (one of three lawyers in Miami) in 2006, 2009, 2011, 2012, and 2015. He won the award in 2018. The district judges in the Southern District of Florida presented him with the Eugene Spellman Criminal Justice Act Award in 2013.
While at Harvard, David argued in front of Supreme Court Justice Anthony Kennedy who named him best oralist. David was mentored by Alan Dershowitz while in law school. After graduating from Harvard, David served as law clerk to the Honorable Edward B. Davis, then-Chief United States District Judge, Southern District of Florida. Following his clerkship, David worked as an associate at the leading criminal defense firm in the country, Williams & Connolly in Washington, D.C., and then practiced as an Assistant Federal Public Defender in Miami.
David is a past-president of the Florida Association of Criminal Defense Lawyers – Miami Chapter and past-president of the Federal Bar Association, South Florida Chapter, 2007-08. He served for ten years as the Southern District of Florida’s national representative for the Criminal Justice Act Panel, and is the vice-chair of the National Association of Criminal Defense Lawyer’s amicus committee. David also has co-authored the Fourth Amendment Forum, published in NACDL’s The Champion. He is frequently asked to serve on committees for the Southern District of Florida.
David frequently lectures on different aspects of the criminal trial and appeal. He currently teaches a White Collar Law seminar the the University of Miami School of Law and previously taught legal writing there. David also has taught Advanced Criminal Procedure and White Collar Law at Florida International University College of Law. He often speaks to other criminal defense lawyers on ethics and zealously representing criminal defendants charged with serious crimes. His lengthy list of lectures can be found on his resume.
David is often quoted in publications around the country, including The Miami Herald, The Sun-Sentinel, The Palm Beach Post, the Daily Business Review, USA Today, The New York Times, The Wall Street Journal, The Boston Globe, Law.com, and CNN.com. He has written opinion pieces for numerous publications, and is the author of the popular Southern District of Florida blog, which has been described by the New Times as “the definitive source on South Florida’s federal court system.” He recently wrote a chapter in a book for lawyers; his chapter was titled “Battling Goliath, Trying to Win in the Court of Appeals.” David is also a frequent opinion contributor, arguing for criminal justice reform and for individual rights. He has written pieces in the Washington Post, USA Today, Miami Herald, law.com Newsmax, and others.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Anne Shea Ransdell and William Garland "Buck" Ransdell, Jr. Distinguished Professor of Law, University of North Carolina School of Law
Carissa Byrne Hessick joined the Carolina Law faculty in 2016. She serves as the Anne Shea Ransdell and William Garland “Buck” Ransdell, Jr. Distinguished Professor of Law and as the director of the Prosecutors and Politics Project. Her teaching and research interests include criminal law, the structure of the criminal justice system, criminal sentencing, and child pornography crimes. Hessick is the author of multiple law review articles, essays, and op eds on plea bargaining, the powers and selection of prosecutors, Sixth Amendment sentencing rights, and criminal statutes. Her work has appeared in the California Law Review, the Cornell Law Review, the L.A. Times, the UCLA Law Review, and the Virginia Law Review, among others. She founded the Prosecutors and Politics Project in 2018. And she currently serves as the Reporter for the ABA Criminal Justice Section’s Sentencing Standards Task Force.
Hessick attended Yale Law School, where she was an editor of the Yale Law Journal and winner of the Potter Stewart Prize for the Morris Tyler Moot Court of Appeals. After graduating from law school, she clerked for Judge Barbara S. Jones on the Southern District of New York and for Judge A. Raymond Randolph on the D.C. Circuit. She also worked as a litigation associate at Wachtell, Lipton, Rosen & Katz in New York City. Before joining the faculty at Carolina Law, Hessick taught on the faculties at Arizona State University’s Sandra Day O’Connor College of Law and the University of Utah’s S.J. Quinney College of Law. She also spent two years as a Climenko Fellow at Harvard Law School.
Criminal Trial and Appellate Lawyer, Markus/ Moss
David Oscar Markus is a magna cum laude graduate of Harvard Law School. David is known for his creative and unrelenting approach to cases, which leads to wins in trials and appeals. David focuses on high-stakes criminal litigation for both white collar and traditional criminal matters.
Best Lawyers named David “Lawyer of the Year” for White Collar Criminal Law in 2020 and for General Criminal Defense in 2017. And the Dade County Bar Association awarded him the “Legal Luminary” award for criminal defense, an honor voted on by members of the legal community. In 2015, the National Law Journal selected him as one of the Trailblazers for White Collar Criminal Defense in the entire country. Back when he was 29 years old (in 2002), the National Law Journal selected him as one of the top 40 litigators in the country under 40 years old, and it has recognized one of his federal trial victories as one of the top ten defense verdicts in the country that year.
In one trial victory, David not only beat all 141 counts in federal court for a doctor, but then won attorneys’ fees and costs of over $600,000 for his client in a first-of-its-kind victory. Based on that case, he was awarded the highest honor — the Rodney Thaxton “against all odds” award — by the Florida Association of Criminal Defense Lawyers. Although the 11th Circuit reversed the fee award in a number of controversial opinions, the court referred to Markus as an “elite” and “superb” attorney. In another case, David challenged the way the federal court system in Miami selected jurors (alphabetically by last name) and won, which changed the jury selection process in the District. After obtaining a fair jury, Markus’ client was found not guilty. He never stops fighting for his clients.
Based on this type of creative and unique lawyering, in 2010, David was one of eight finalists in the country for best white-collar criminal lawyer in the country by Chambers & Partners, which quoted market sources saying that David is “the whole package,” and “a creative, courageous and tenacious courtroom advocate.” And he was named to that very prestigious short list of 8 best white-collar criminal defense lawyers again in 2011 (he was the only lawyer listed who was not from a large firm). The 2012 Chambers said this: “David Markus received strong praise from peers and clients alike, who describe him as ‘a legal genius and brilliant strategist with a great demeanor.'” A recent Chambers & Partners described David as a “wickedly smart and a terrific trial lawyer. … Clients say that he is ‘thrilling’ to watch in court and that ‘his passion appreciation and enjoyment for his work are contagious.” And in 2014, that publication identified David as “one of the best trial lawyers around: very smart, highly respected and thoroughly prepared.” In 2016, Chambers said: “David Markus is one of the most talented criminal defense lawyers in Florida. He has a wealth of litigation experience and is regularly sought after for his counsel in high-stakes tax and criminal antitrust cases. Sources also describe him as an ‘extremely creative thinker and a great oral advocate’ who gets ‘tremendous results.'” Chambers has also explained: “David Markus is amazing, not only because of the strength and genius of his arguments and motions, but also because of his brilliant and astonishing performances during the hearings. Additionally, he radiates so much confidence, and that in itself soothes the usual anguish and anxiety that you endure during these types of situations. Last but not least, he is such a great human being.” In 2020, that publication said that David “is an exceptional trial lawyer,” “an incredible oral advocate” and that “he’s pretty fearless in terms of dealing with the government.”
Since 2010, David has been listed as one of the top 100 lawyers in Miami and in all of Florida by SuperLawyers. He is one of the few criminal defense lawyers to received such an honor. He is frequently named as one of the top lawyers in the Best Lawyers in America, South Florida Legal Guide, Florida Trend Magazine, Chambers & Partners, and the South Florida Business Journal. He was one of 20 lawyers named a key partner by the South Florida Business Journal in 2011 and again in 2012. The Daily Business Review named him a finalist for Most Effective Lawyer in Criminal Justice (one of three lawyers in Miami) in 2006, 2009, 2011, 2012, and 2015. He won the award in 2018. The district judges in the Southern District of Florida presented him with the Eugene Spellman Criminal Justice Act Award in 2013.
While at Harvard, David argued in front of Supreme Court Justice Anthony Kennedy who named him best oralist. David was mentored by Alan Dershowitz while in law school. After graduating from Harvard, David served as law clerk to the Honorable Edward B. Davis, then-Chief United States District Judge, Southern District of Florida. Following his clerkship, David worked as an associate at the leading criminal defense firm in the country, Williams & Connolly in Washington, D.C., and then practiced as an Assistant Federal Public Defender in Miami.
David is a past-president of the Florida Association of Criminal Defense Lawyers – Miami Chapter and past-president of the Federal Bar Association, South Florida Chapter, 2007-08. He served for ten years as the Southern District of Florida’s national representative for the Criminal Justice Act Panel, and is the vice-chair of the National Association of Criminal Defense Lawyer’s amicus committee. David also has co-authored the Fourth Amendment Forum, published in NACDL’s The Champion. He is frequently asked to serve on committees for the Southern District of Florida.
David frequently lectures on different aspects of the criminal trial and appeal. He currently teaches a White Collar Law seminar the the University of Miami School of Law and previously taught legal writing there. David also has taught Advanced Criminal Procedure and White Collar Law at Florida International University College of Law. He often speaks to other criminal defense lawyers on ethics and zealously representing criminal defendants charged with serious crimes. His lengthy list of lectures can be found on his resume.
David is often quoted in publications around the country, including The Miami Herald, The Sun-Sentinel, The Palm Beach Post, the Daily Business Review, USA Today, The New York Times, The Wall Street Journal, The Boston Globe, Law.com, and CNN.com. He has written opinion pieces for numerous publications, and is the author of the popular Southern District of Florida blog, which has been described by the New Times as “the definitive source on South Florida’s federal court system.” He recently wrote a chapter in a book for lawyers; his chapter was titled “Battling Goliath, Trying to Win in the Court of Appeals.” David is also a frequent opinion contributor, arguing for criminal justice reform and for individual rights. He has written pieces in the Washington Post, USA Today, Miami Herald, law.com Newsmax, and others.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Anne Shea Ransdell and William Garland "Buck" Ransdell, Jr. Distinguished Professor of Law, University of North Carolina School of Law
Carissa Byrne Hessick joined the Carolina Law faculty in 2016. She serves as the Anne Shea Ransdell and William Garland “Buck” Ransdell, Jr. Distinguished Professor of Law and as the director of the Prosecutors and Politics Project. Her teaching and research interests include criminal law, the structure of the criminal justice system, criminal sentencing, and child pornography crimes. Hessick is the author of multiple law review articles, essays, and op eds on plea bargaining, the powers and selection of prosecutors, Sixth Amendment sentencing rights, and criminal statutes. Her work has appeared in the California Law Review, the Cornell Law Review, the L.A. Times, the UCLA Law Review, and the Virginia Law Review, among others. She founded the Prosecutors and Politics Project in 2018. And she currently serves as the Reporter for the ABA Criminal Justice Section’s Sentencing Standards Task Force.
Hessick attended Yale Law School, where she was an editor of the Yale Law Journal and winner of the Potter Stewart Prize for the Morris Tyler Moot Court of Appeals. After graduating from law school, she clerked for Judge Barbara S. Jones on the Southern District of New York and for Judge A. Raymond Randolph on the D.C. Circuit. She also worked as a litigation associate at Wachtell, Lipton, Rosen & Katz in New York City. Before joining the faculty at Carolina Law, Hessick taught on the faculties at Arizona State University’s Sandra Day O’Connor College of Law and the University of Utah’s S.J. Quinney College of Law. She also spent two years as a Climenko Fellow at Harvard Law School.
Criminal Trial and Appellate Lawyer, Markus/ Moss
David Oscar Markus is a magna cum laude graduate of Harvard Law School. David is known for his creative and unrelenting approach to cases, which leads to wins in trials and appeals. David focuses on high-stakes criminal litigation for both white collar and traditional criminal matters.
Best Lawyers named David “Lawyer of the Year” for White Collar Criminal Law in 2020 and for General Criminal Defense in 2017. And the Dade County Bar Association awarded him the “Legal Luminary” award for criminal defense, an honor voted on by members of the legal community. In 2015, the National Law Journal selected him as one of the Trailblazers for White Collar Criminal Defense in the entire country. Back when he was 29 years old (in 2002), the National Law Journal selected him as one of the top 40 litigators in the country under 40 years old, and it has recognized one of his federal trial victories as one of the top ten defense verdicts in the country that year.
In one trial victory, David not only beat all 141 counts in federal court for a doctor, but then won attorneys’ fees and costs of over $600,000 for his client in a first-of-its-kind victory. Based on that case, he was awarded the highest honor — the Rodney Thaxton “against all odds” award — by the Florida Association of Criminal Defense Lawyers. Although the 11th Circuit reversed the fee award in a number of controversial opinions, the court referred to Markus as an “elite” and “superb” attorney. In another case, David challenged the way the federal court system in Miami selected jurors (alphabetically by last name) and won, which changed the jury selection process in the District. After obtaining a fair jury, Markus’ client was found not guilty. He never stops fighting for his clients.
Based on this type of creative and unique lawyering, in 2010, David was one of eight finalists in the country for best white-collar criminal lawyer in the country by Chambers & Partners, which quoted market sources saying that David is “the whole package,” and “a creative, courageous and tenacious courtroom advocate.” And he was named to that very prestigious short list of 8 best white-collar criminal defense lawyers again in 2011 (he was the only lawyer listed who was not from a large firm). The 2012 Chambers said this: “David Markus received strong praise from peers and clients alike, who describe him as ‘a legal genius and brilliant strategist with a great demeanor.'” A recent Chambers & Partners described David as a “wickedly smart and a terrific trial lawyer. … Clients say that he is ‘thrilling’ to watch in court and that ‘his passion appreciation and enjoyment for his work are contagious.” And in 2014, that publication identified David as “one of the best trial lawyers around: very smart, highly respected and thoroughly prepared.” In 2016, Chambers said: “David Markus is one of the most talented criminal defense lawyers in Florida. He has a wealth of litigation experience and is regularly sought after for his counsel in high-stakes tax and criminal antitrust cases. Sources also describe him as an ‘extremely creative thinker and a great oral advocate’ who gets ‘tremendous results.'” Chambers has also explained: “David Markus is amazing, not only because of the strength and genius of his arguments and motions, but also because of his brilliant and astonishing performances during the hearings. Additionally, he radiates so much confidence, and that in itself soothes the usual anguish and anxiety that you endure during these types of situations. Last but not least, he is such a great human being.” In 2020, that publication said that David “is an exceptional trial lawyer,” “an incredible oral advocate” and that “he’s pretty fearless in terms of dealing with the government.”
Since 2010, David has been listed as one of the top 100 lawyers in Miami and in all of Florida by SuperLawyers. He is one of the few criminal defense lawyers to received such an honor. He is frequently named as one of the top lawyers in the Best Lawyers in America, South Florida Legal Guide, Florida Trend Magazine, Chambers & Partners, and the South Florida Business Journal. He was one of 20 lawyers named a key partner by the South Florida Business Journal in 2011 and again in 2012. The Daily Business Review named him a finalist for Most Effective Lawyer in Criminal Justice (one of three lawyers in Miami) in 2006, 2009, 2011, 2012, and 2015. He won the award in 2018. The district judges in the Southern District of Florida presented him with the Eugene Spellman Criminal Justice Act Award in 2013.
While at Harvard, David argued in front of Supreme Court Justice Anthony Kennedy who named him best oralist. David was mentored by Alan Dershowitz while in law school. After graduating from Harvard, David served as law clerk to the Honorable Edward B. Davis, then-Chief United States District Judge, Southern District of Florida. Following his clerkship, David worked as an associate at the leading criminal defense firm in the country, Williams & Connolly in Washington, D.C., and then practiced as an Assistant Federal Public Defender in Miami.
David is a past-president of the Florida Association of Criminal Defense Lawyers – Miami Chapter and past-president of the Federal Bar Association, South Florida Chapter, 2007-08. He served for ten years as the Southern District of Florida’s national representative for the Criminal Justice Act Panel, and is the vice-chair of the National Association of Criminal Defense Lawyer’s amicus committee. David also has co-authored the Fourth Amendment Forum, published in NACDL’s The Champion. He is frequently asked to serve on committees for the Southern District of Florida.
David frequently lectures on different aspects of the criminal trial and appeal. He currently teaches a White Collar Law seminar the the University of Miami School of Law and previously taught legal writing there. David also has taught Advanced Criminal Procedure and White Collar Law at Florida International University College of Law. He often speaks to other criminal defense lawyers on ethics and zealously representing criminal defendants charged with serious crimes. His lengthy list of lectures can be found on his resume.
David is often quoted in publications around the country, including The Miami Herald, The Sun-Sentinel, The Palm Beach Post, the Daily Business Review, USA Today, The New York Times, The Wall Street Journal, The Boston Globe, Law.com, and CNN.com. He has written opinion pieces for numerous publications, and is the author of the popular Southern District of Florida blog, which has been described by the New Times as “the definitive source on South Florida’s federal court system.” He recently wrote a chapter in a book for lawyers; his chapter was titled “Battling Goliath, Trying to Win in the Court of Appeals.” David is also a frequent opinion contributor, arguing for criminal justice reform and for individual rights. He has written pieces in the Washington Post, USA Today, Miami Herald, law.com Newsmax, and others.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Clash of the Titans: General Michael Flynn & Judge Emmett Sullivan - Does the DOJ have Unfettered Discretion to Dismiss the Flynn Prosecution?
Carissa Byrne Hessick, David Oscar Markus, Clark Neily
On June 4, 2020, the Miami Lawyers Chapter of the Federalist Society hosted an online...
Clash of the Titans: General Michael Flynn & Judge Emmett Sullivan - Does the DOJ have Unfettered Discretion to Dismiss the Flynn Prosecution?
Carissa Byrne Hessick, David Oscar Markus, Clark Neily
On June 4, 2020, the Miami Lawyers Chapter of the Federalist Society hosted an online...
Clash of the Titans: General Michael Flynn & Judge Emmett Sullivan - Does the DOJ have Unfettered Discretion to Dismiss the Flynn Prosecution?
Miami Lawyers Chapter - Online Event
What's Next in the Flynn Case?
John G. Malcolm, William G. Otis, John C. Yoo
Gen. Mike Flynn, at one time the President's National Security Advisor, pleaded guilty to making...
What's Next in the Flynn Case?
TeleforumTopics
Judicial Overreach in the Flynn Case?
The Michael Flynn case took a remarkable turn last week when the presiding federal judge,...
Countdown to the National Lawyers Convention: Prosecutors Run Amok?
The Countdown to the Convention series previews some of the outstanding panels and events at...