Pepperdine University School of Law
Partner and Chair of Election Law and Government Ethics Practice, Bryan Cave
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Member, Caplin & Drysdale
Services
Mr. Birkenstock focuses on advising corporations, non-profit organizations, candidates, officeholders, and other clients in structuring new political efforts and administering their political, lobbying, and issue-advocacy projects. He also helps clients respond to controversies involving issues of political law such as alleged campaign finance improprieties, conflicts of interest, and real or perceived violations of other legal and ethical obligations.Highlights
While at the DNC, Mr. Birkenstock worked closely with the party's fundraisers and campaign staff to help ensure their compliance with the myriad of state and federal laws governing their activities. He took primary responsibility for responding to several investigations into Democratic Party fundraising following the 1996 presidential election. He also assisted in the litigation and public relations efforts surrounding the 2000 Florida recount and helped implement the DNC's transition to the McCain-Feingold campaign finance regime.Partner and Chair of Political Law Practice Group, Perkins Coie
Partner and Chair of Election Law and Government Ethics Practice, Bryan Cave
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
President and CEO, The Buckeye Institute
Robert Alt is the President and Chief Executive Officer of The Buckeye Institute where he has catalyzed exponential growth since he took the organization’s helm in 2012. He has since founded Buckeye’s renowned Economic Research Center and established its impactful Legal Center.
Alt is a distinguished scholar and attorney with particular expertise in legal policy, criminal justice, national security, and constitutional law. He previously worked for former U.S. Attorney General Edwin Meese III, regularly provides commentary on television and radio programs, and his writings have appeared in countless outlets.
In 2004, Alt spent five months in Iraq as an embedded war correspondent.
Alt has testified before Congress multiple times—including at the confirmation hearings for U.S. Supreme Court Justice Elena Kagan—the Federal Election Commission regarding matters of constitutional and administrative law, and numerous state legislatures.
Alt serves as an officer on the boards of The Philadelphia Society and the Federalist Society’s Columbus Lawyers Chapter. He taught national security law, criminal law, and legislation at Case Western Reserve University School of Law, as well as constitutional law and political parties and interest groups at Ashland University.
Alt earned his Doctor of Law degree from The University of Chicago Law School, where he was Symposium Editor and the winner of the Mulroy Prize for Excellence in Appellate Advocacy as well as research assistant to Professor Richard Epstein. Following law school, he clerked for Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit. Alt graduated with his Bachelor of Arts in philosophy and political science magna cum laude from Azusa Pacific University where he also won the Outstanding Senior Award in Political Science.
Alt is an accomplished high-altitude alpinist and endurance athlete who has successfully climbed 6.75 of the famed Seven Summits of the World including Mount Everest. He is the creator of PROFOUND CLIMBING™ and a frequent speaker across the country and around the world on legal and public policy topics as well as effective leadership, management, decision-making, and teamwork in contexts ranging from extraordinary life/death situations to ordinary professional/business settings.
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law; Director, Election Law @ Moritz, Ohio State University Moritz College of Law
Professor Foley (known as “Ned”) directs Election Law @ Moritz at Ohio State’s law school, where he also holds the Ebersold Chair in Constitutional Law.
His book Ballot Battles: The History of Disputed Elections in the United States (Oxford University Press, 2016) was named Finalist for the David J. Langum, Sr. Prize in American Legal History and listed as one of 100 “must-read books about law and social justice”.
He has completed a new book manuscript, Presidential Elections and Majority Rule (to be published by Oxford University Press), which employs historical analysis to offer a feasible reform of state laws that would enable the Electoral College to operate as intended and thereby avoid the election of presidents who lack majority support among the voters in the states responsible for their Electoral College victories.
As Reporter for the American Law Institute’s Project on Election Administration (with his Mortiz colleague Steven Huefner, who served as Associate Reporter), Professor Foley drafted Principles of Law: Non-Precinct Voting and Resolution of Ballot-Counting Disputes, which provides nonpartisan guidance for the resolution of election disputes.
During his fellowship at Stanford University’s Center on Democracy, Development, and the Rule of Law, Foley wrote Due Process, Fair Play and Excessive Partisanship: A New Principle of Judicial Review of Election Law, 84 U. Chicago Law Review 655-758 (2017), which was cited in briefs in Gill v. Whitford and Benisek v. Lamone (the Supreme Court gerrymandering cases). His extensive online commentary about gerrymandering includes: Wechsler, History, and Gerrymandering, Scotusblog, and Constitutional Preservation, the Marbury Duty & Congressional Gerrymanders, Election Law Blog.
While Professor Foley has special expertise on recounts and other procedures for fairly and accurately identifying which candidate is the winner in close elections, he has written widely on all aspects of election law, including the need for nonpartisan institutions in election administration. He has also co-authored Election Law and Litigation: The Judicial Regulation of Politics (Wolters Kluwer 2014).
Professor Foley has taught at Ohio State since 1991. Previously, he clerked for Chief Judge Patricia M. Wald of the U.S. Court of Appeals and Justice Harry Blackmun of the United States Supreme Court. In 1999, he took a leave from the faculty to serve as the state solicitor in the office of Ohio’s Attorney General. In that capacity, he was responsible for the state’s appellate and constitutional cases.
Professor Foley is a graduate of Columbia University School of Law and Yale College.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Member, Caplin & Drysdale
Services
Mr. Birkenstock focuses on advising corporations, non-profit organizations, candidates, officeholders, and other clients in structuring new political efforts and administering their political, lobbying, and issue-advocacy projects. He also helps clients respond to controversies involving issues of political law such as alleged campaign finance improprieties, conflicts of interest, and real or perceived violations of other legal and ethical obligations.Highlights
While at the DNC, Mr. Birkenstock worked closely with the party's fundraisers and campaign staff to help ensure their compliance with the myriad of state and federal laws governing their activities. He took primary responsibility for responding to several investigations into Democratic Party fundraising following the 1996 presidential election. He also assisted in the litigation and public relations efforts surrounding the 2000 Florida recount and helped implement the DNC's transition to the McCain-Feingold campaign finance regime.
General Counsel, James Madison Center for Free Speech
Attorney Advisor, Office of the General Counsel, U.S. Department of Homeland Security
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Member, Caplin & Drysdale
Services
Mr. Birkenstock focuses on advising corporations, non-profit organizations, candidates, officeholders, and other clients in structuring new political efforts and administering their political, lobbying, and issue-advocacy projects. He also helps clients respond to controversies involving issues of political law such as alleged campaign finance improprieties, conflicts of interest, and real or perceived violations of other legal and ethical obligations.Highlights
While at the DNC, Mr. Birkenstock worked closely with the party's fundraisers and campaign staff to help ensure their compliance with the myriad of state and federal laws governing their activities. He took primary responsibility for responding to several investigations into Democratic Party fundraising following the 1996 presidential election. He also assisted in the litigation and public relations efforts surrounding the 2000 Florida recount and helped implement the DNC's transition to the McCain-Feingold campaign finance regime.
General Counsel, James Madison Center for Free Speech
Attorney Advisor, Office of the General Counsel, U.S. Department of Homeland Security
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
The Citizens United Case and Campaign Finance
A Victory for Free Speech or Threat to Democracy?
Thousand Oaks, CAThe Impact of the Citizens United Decision on Federal Elections
RichmondThe Impact of the Citizens United Decision on Federal Elections
WashingtonCitizens United v. Federal Election Commission – Post-Decision Debate SCOTUScast
Bradley A. Smith, Edward B. Foley, Erik S. Jaffe
On January 21, 2009, the Supreme Court announced its decision in Citizens United v. FEC. ...
ACLU of New Mexico, et al. v. Santillanes
Hans A. Von Spakovsky
In 2005, the voters of Albuquerque passed an amendment to the city charter requiring photo...
Criminalizing Legal Opinions: Can Legal Advice Lead to Indictment or Impeachment?
Austin, TexasThe Demise of Taxpayer Campaign Financing Systems? The Impact of Davis vs. FEC
SpeechNow.org v. Federal Election Commission
Election Finance and 527s
Joseph M. Birkenstock, James Bopp, Reid Alan Cox, Bradley A. Smith, Scott E. Thomas
On October 7, 2008, the Federalist Society presented the 2008 Election Law Conference. This panel will...
Election Finance and 527s
Joseph M. Birkenstock, James Bopp, Reid Alan Cox, Bradley A. Smith, Scott E. Thomas
On October 7, 2008, the Federalist Society presented the 2008 Election Law Conference. This panel will...