Special Assistant and Counsel to Commissioner Peter Kirsanow of the U.S. Commission on Civil Rights, U.S. Commission on Civil Rights
Carissa Mulder is a 2009 graduate of the University of Notre Dame Law School and a member of the Virginia Bar. She is a special assistant and counsel to Commissioner Peter Kirsanow of the U.S. Commission on Civil Rights.
Founder, Nathan's Papers
Lynn is the Founder of Nathan's Papers, which provides business consulting services and publishes the Books for CONGRESS® Magazine.
Mr. Mirengoff is a retired attorney in Washington, D.C. and is a blogger at powerlineblog.com.
Mr. Mirengoff is a retired attorney in Washington, D.C. and is a blogger at powerlineblog.com.
Partner, Ford & Harrison LLP
Robin W. Hutton has successfully litigated numerous employment matters in both state and federal courts and achieved favorable results before numerous administrative boards and agencies in numerous states. Robbin works with clients in developing and implementing employment policies, as well as training on the major areas of employment and labor law. She has conducted training and seminars on various employment-related topics to include sexual harassment/discrimination, FMLA, FLSA, immigration issues, union issues, and ADA, as well as conducted many work-related investigations for clients, as well as HR audits for employers.
Prior to joining Ford & Harrison, Robbin was Of Counsel in the Memphis office of a national labor and employment law firm where she worked the areas of employment and labor law, insurance defense, and civil litigation.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Partner, Benesch, Friedlander, Coplan & Aronoff LLP
Peter focuses his legal practice on representing management in employment-related litigation and in contract negotiations, NLRB proceedings, EEO matters and arbitration.
Peter Kirsanow is a partner with Benesch’s Labor & Employment Practice Group. He returned to Benesch in January 2008 after serving as a presidential appointee to the National Labor Relations Board (NLRB) in Washington D.C. for two years. While serving on the NLRB, he was involved with significant decisions including Oakwood Healthcare, Inc., Dana/Metaldyne and Oil Capital Sheet Metal, Inc. In addition, Peter testified before the Senate Judiciary Committee on the nominations of John Roberts, Samuel Alito, Sonia Sotomayor, Elena Kagan and Neil Gorsuch to the Supreme Court. He also continues to testify before and advise members of the U.S. Congress on employment law matters, most recently on November 18 before the House Subcommittee on Investigations and Oversight regarding disparate impact theory.
Peter was recently reappointed by the Majority Leader of the House of Representatives to his fourth consecutive six-year term on the U.S. Commission on Civil Rights. This is a part-time position which will expire in December 2025.
Recently, Peter and a team of Benesch attorneys served as lead counsel to the National Association of Manufacturers in litigation before the U.S. Circuit Court for the District of Columbia against the NLRB, challenging the Board’s Notice of Employer Rights Posting Rule. The court ruled in favor of Benesch’s client, striking down the NLRB’s Rule in its entirety. This ruling impacts over 6,000,000 employers nationwide which would have been subject to the posting requirement.
Additionally, Peter is past chair of the board of directors of the Center for New Black Leadership and is a member of Benesch’s Diversity & Inclusion Committee. This committee helps ensure that the firm promotes an environment in which differences are respected, employees are treated fairly, and individual skills and talents are valued.
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.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights, University of North Carolina School of Law
Theodore M. Shaw is the Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights at the University of North Carolina School of Law at Chapel Hill. Professor Shaw teaches Civil Procedure and Advanced Constitutional Law/Fourteenth Amendment. Before joining the faculty of UNC Law School, from 2008-2014 Professor Shaw taught at Columbia University Law School, where he was Professor of Professional Practice. During that time he was also “Of Counsel” to the law firm of Norton Rose Fulbright (formerly Fulbright & Jaworski, LLP). His practice involved civil litigation and representation of institutional clients on matters concerning diversity and civil rights.
Professor Shaw was the fifth Director-Counsel and President of the NAACP Legal Defense and Educational Fund, Inc., for which he worked in various capacities over the span of twenty-six years. He has litigated education, employment, voting rights, housing, police misconduct, capital punishment and other civil rights cases in trial and appellate courts, and in the United States Supreme Court.From 1982 until 1987, he litigated education, housing, and capital punishment cases and directed LDF's education litigation docket. In 1987, under the direction of LDF's third Director-Counsel, Julius Chambers, Mr. Shaw relocated to Los Angeles to establish LDF's Western Regional Office. In 1990, Mr. Shaw left LDF to join the faculty of the University of Michigan Law School, where he taught Constitutional Law, Civil Procedure and Civil Rights. While at Michigan, he played a key role in initiating a review of the law school's admissions practices and policies, and served on the faculty committee that promulgated the admissions program that was upheld by the U.S. Supreme Court in 2003 in Grutter v. Bollinger.
In 1993, Mr. Shaw returned to LDF as Associate Director-Counsel, and in 2004, he became LDF's fifth Director-Counsel. Mr. Shaw's legal career began as a Trial Attorney in the Honors Program of the United States Department of Justice, Civil Rights Division in Washington, D.C., where he worked from 1979 until 1982.
Mr. Shaw has testified on numerous occasions before Congress and before state and local legislatures. His human rights work has taken him to Africa, Asia, Europe, and South America. In addition to teaching at Columbia and at Michigan Law School, Professor Shaw held the 1997-1998 Haywood Burns Chair at CUNY School of Law at Queens College and the 2003 Phyllis Beck Chair at Temple Law School. He was a visiting scholar at the Constitution Center in Philadelphia in 2008-2009. He is a member of the faculty of the Practicing Law Institute (PLI).
Mr. Shaw served on the Obama Transition Team after the 2008 presidential election, as team leader for the Civil Rights Division of the Justice Department.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Partner, Benesch, Friedlander, Coplan & Aronoff LLP
Peter focuses his legal practice on representing management in employment-related litigation and in contract negotiations, NLRB proceedings, EEO matters and arbitration.
Peter Kirsanow is a partner with Benesch’s Labor & Employment Practice Group. He returned to Benesch in January 2008 after serving as a presidential appointee to the National Labor Relations Board (NLRB) in Washington D.C. for two years. While serving on the NLRB, he was involved with significant decisions including Oakwood Healthcare, Inc., Dana/Metaldyne and Oil Capital Sheet Metal, Inc. In addition, Peter testified before the Senate Judiciary Committee on the nominations of John Roberts, Samuel Alito, Sonia Sotomayor, Elena Kagan and Neil Gorsuch to the Supreme Court. He also continues to testify before and advise members of the U.S. Congress on employment law matters, most recently on November 18 before the House Subcommittee on Investigations and Oversight regarding disparate impact theory.
Peter was recently reappointed by the Majority Leader of the House of Representatives to his fourth consecutive six-year term on the U.S. Commission on Civil Rights. This is a part-time position which will expire in December 2025.
Recently, Peter and a team of Benesch attorneys served as lead counsel to the National Association of Manufacturers in litigation before the U.S. Circuit Court for the District of Columbia against the NLRB, challenging the Board’s Notice of Employer Rights Posting Rule. The court ruled in favor of Benesch’s client, striking down the NLRB’s Rule in its entirety. This ruling impacts over 6,000,000 employers nationwide which would have been subject to the posting requirement.
Additionally, Peter is past chair of the board of directors of the Center for New Black Leadership and is a member of Benesch’s Diversity & Inclusion Committee. This committee helps ensure that the firm promotes an environment in which differences are respected, employees are treated fairly, and individual skills and talents are valued.
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.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights, University of North Carolina School of Law
Theodore M. Shaw is the Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights at the University of North Carolina School of Law at Chapel Hill. Professor Shaw teaches Civil Procedure and Advanced Constitutional Law/Fourteenth Amendment. Before joining the faculty of UNC Law School, from 2008-2014 Professor Shaw taught at Columbia University Law School, where he was Professor of Professional Practice. During that time he was also “Of Counsel” to the law firm of Norton Rose Fulbright (formerly Fulbright & Jaworski, LLP). His practice involved civil litigation and representation of institutional clients on matters concerning diversity and civil rights.
Professor Shaw was the fifth Director-Counsel and President of the NAACP Legal Defense and Educational Fund, Inc., for which he worked in various capacities over the span of twenty-six years. He has litigated education, employment, voting rights, housing, police misconduct, capital punishment and other civil rights cases in trial and appellate courts, and in the United States Supreme Court.From 1982 until 1987, he litigated education, housing, and capital punishment cases and directed LDF's education litigation docket. In 1987, under the direction of LDF's third Director-Counsel, Julius Chambers, Mr. Shaw relocated to Los Angeles to establish LDF's Western Regional Office. In 1990, Mr. Shaw left LDF to join the faculty of the University of Michigan Law School, where he taught Constitutional Law, Civil Procedure and Civil Rights. While at Michigan, he played a key role in initiating a review of the law school's admissions practices and policies, and served on the faculty committee that promulgated the admissions program that was upheld by the U.S. Supreme Court in 2003 in Grutter v. Bollinger.
In 1993, Mr. Shaw returned to LDF as Associate Director-Counsel, and in 2004, he became LDF's fifth Director-Counsel. Mr. Shaw's legal career began as a Trial Attorney in the Honors Program of the United States Department of Justice, Civil Rights Division in Washington, D.C., where he worked from 1979 until 1982.
Mr. Shaw has testified on numerous occasions before Congress and before state and local legislatures. His human rights work has taken him to Africa, Asia, Europe, and South America. In addition to teaching at Columbia and at Michigan Law School, Professor Shaw held the 1997-1998 Haywood Burns Chair at CUNY School of Law at Queens College and the 2003 Phyllis Beck Chair at Temple Law School. He was a visiting scholar at the Constitution Center in Philadelphia in 2008-2009. He is a member of the faculty of the Practicing Law Institute (PLI).
Mr. Shaw served on the Obama Transition Team after the 2008 presidential election, as team leader for the Civil Rights Division of the Justice Department.
Chief Judge, United States Court of Appeals, Fifth Circuit
Jennifer Walker Elrod is the Chief Judge of the United States Court of Appeals for the Fifth Circuit. She was nominated to the Fifth Circuit in 2007, and she served as a Circuit Judge on the court until assuming the role of Chief Judge in October 2024. Prior to serving as a Circuit Judge, Chief Judge Elrod was appointed and then twice elected Judge of the 190th District Court of Harris County, Texas, where she spent over five years presiding over more than 200 jury and non-jury trials.
Chief Judge Elrod graduated cum laude from Harvard Law School, where she was an active member of the Harvard Federalist Society, an Ames Moot Court finalist, and a Senior Editor of the Harvard Journal of Law & Public Policy. She clerked for the Honorable Sim Lake in the Southern District of Texas. Before serving as a judge, Chief Judge Elrod worked in private practice, focusing on civil litigation, antitrust, and employment matters.
She has been repeatedly recognized for her work as a jurist, as well as for her pro bono work and contributions to the community. She has been named the 2022 Texas Review of Law & Politics’ Jurist of the Year, the 2018 Harvard Federalist Society’s Alumni of the Year, the 2016–17 Texas Association of Civil Trial and Appellate Specialists’ Appellate Judge of the Year, and the 2008 Mexican-American Bar Association of Texas’s Judge of the Year.
Chief Judge Elrod is actively engaged in the academic and legal communities. Chief Judge Elrod currently serves on the Board of Directors and as the Jurist-in-Residence at the South Texas College of Law, where she teaches civil procedure and First Amendment law. She is also a member of the American Law Institute and of the Board of Advisors for the Harvard Journal of Law & Public Policy, and she is a former member of the Board of Regents of her alma mater, Baylor University, and the Board of Visitors at Brigham Young University Law School. She previously served as the Chair of the Codes of Conduct Committee for the Judicial Conference of the United States. She has also served as the M.D. Anderson Visiting Public Service Professor at the Texas Tech University School of Law and as Jurist-in-Residence at Brigham Young University Law School, and she has taught legal writing at the University of Houston Law Center. She presented the Lewis F. Powell, Jr. Distinguished Lecture at the Washington and Lee University School of Law and is a frequent speaker on the topics of trial and appellate procedure, ethics, employment law, and constitutional law. Chief Judge Elrod also serves on the board of the Garland R. Walker Inn of Court, and co-produces an annual musical CLE, for which her pupilage group has won multiple national awards.
Chief Judge Elrod’s publications include: Trial by Siri: AI Comes to the Courtroom; Don’t Mess with Texas Judges: In Praise of the State Judiciary; For Good: Enriching Your Practice and Your Life Through Pro Bono and Community Service; Is the Jury Still Out?: A Case for the Continued Viability of the American Jury; and W(h)ither the Jury? The Diminishing Role of the Jury Trial in our Legal System.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Commissioner, U.S. Equal Employment Opportunity Commission
Chai R. Feldblum has served as a Commissioner of the U.S. Equal Employment Opportunity Commission since 2010, having been nominated to serve by President Barack Obama, and confirmed by the Senate, initially for a term ending on July 1, 2013. President Obama nominated her to serve a second term ending on July 1, 2018, and she was confirmed by the Senate on December 12, 2013.
Prior to her appointment to the EEOC, Commissioner Feldblum was a Professor of Law at the Georgetown University Law Center where she has taught since 1991. At Georgetown, she founded the Law Center's Federal Legislation and Administrative Clinic, which represented clients such as Catholic Charities USA, the National Disability Rights Network, and the Bazelon Center for Mental Health Law. She also founded and co-directed Workplace Flexibility 2010, a policy enterprise focused on finding common ground between employers and employees on workplace flexibility issues.
As Legislative Counsel at the American Civil Liberties Union from 1988 to 1991, Commissioner Feldblum played a leading role in helping to draft and negotiate the ground-breaking Americans with Disabilities Act of 1990. Later, as a law professor representing the Epilepsy Foundation, she was equally instrumental in drafting and negotiating the ADA Amendments Act of 2008.
Commissioner Feldblum has also worked to advance lesbian, gay, bisexual and transgender rights, was one of the drafters of the Employment Nondiscrimination Act, and is the first openly lesbian Commissioner of the EEOC. She clerked for Judge Frank Coffin of the First Circuit Court of Appeals and for Supreme Court Justice Harry A. Blackmun after receiving her J.D. from Harvard Law School. She received her B.A. degree from Barnard College.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Topics
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Panel I: Disparate Impact and the Rule of Law: Does Disparate Impact Liability Make Everything Illegal?
Roger B. Clegg, Peter Kirsanow, John G. Malcolm, Dean Reuter, Theodore M. Shaw
Disparate impact liability—or holding an actor liable for actions that have a disproportionate effect (disparate...
Panel I: Disparate Impact and the Rule of Law: Does Disparate Impact Liability Make Everything Illegal?
Roger B. Clegg, Peter Kirsanow, John G. Malcolm, Dean Reuter, Theodore M. Shaw
Disparate impact liability—or holding an actor liable for actions that have a disproportionate effect (disparate...