Director of the Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute
Daren Bakst is Director of the Competitive Enterprise Institute’s Center for Energy and Environment and a Senior Fellow. In this role, he manages, develops, and leads the coalition, advocacy, and research activities of the Center, which is one of the most effective advocates for Free Market Environmentalism.
Before joining CEI as Deputy Director in March, 2023, Daren was a Senior Research Fellow in Environmental Policy and Regulation at the Heritage Foundation, where he played a leading role in the launch of the organization’s new energy and environment center, and created and hosted the Heritage Foundation’s energy and environment podcast the “PowerCast.” During his decade at Heritage, Daren wrote about energy and environmental policy, food and agricultural policy (including editing and co-authoring the book Farms and Free Enterprise), regulation, and trade among other topics.
Daren also worked on environmental policy and regulation at the U.S. Chamber of Commerce, where he was a policy counsel and served as the executive to the association’s Government Oversight, Operations & Consumer Affairs committee, which was responsible for issues such as regulatory process reform. Daren has significant state level experience, working for seven years at the Raleigh, N.C.-based John Locke Foundation, one of the largest state-based, free-market think tanks. As director of legal and regulatory studies, his broad portfolio included energy and environmental policy, regulatory reform, and property rights.
Daren has testified numerous times before Congress, regularly submits comments to federal agencies and has appeared in or been quoted by a wide range of media outlets such as The Wall Street Journal, USA Today, The Washington Times, CNN, Fox Business News, Al-Jazeera America, and U.S. News and World Report. He is a member of the Federalist Society’s Environmental Law and Property Rights Executive Committee and serves on the College Level Advisory Board for Constituting America, an organization that informs and educates about the importance of the U.S. Constitution.
Daren, who hails from Florida, received his bachelor’s and master’s degrees from George Washington University. A licensed attorney, he holds a law degree from the University of Miami and a master of laws degree from American University.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Counsel to the Firm, Cascadia Cross-Border Law
Margaret Stock focuses her practice on immigration and citizenship law. She is a nationally known expert on immigration and national security laws, and has testified regularly before Congressional committees on immigration, homeland security, and military matters. As a retired Lieutenant Colonel in the Military Police, U.S. Army Reserve, Margaret has extensive experience with U.S. military issues. She has also worked as a professor at the United States Military Academy at West Point, and she has served as an adjunct instructor at the University of Alaska. Margaret served as a member of the American Bar Association Commission on Immigration from 2008-2012. She regularly authors articles on military-related immigration issues, and is well-versed on “parole in place” for military family members and the Military Accessions Vital to the National Interest (“MAVNI”) Program. Margaret authored the book Immigration Law & the Military, which was published by the American Immigration Lawyers Association in 2012.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
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.
Chief Judge (ret.), U.S. Court of Appeals for the Federal Circuit, and Honorary Professor, Tsinghua University
Randall R. Rader was appointed to the United States Court of Appeals for the Federal Circuit by President George H. W. Bush in 1990 and served as Chief Judge from June 2010 to June 2014. He was appointed to the United States Claims Court (now the U. S. Court of Federal Claims) by President Ronald W. Reagan in 1988. Judge Rader's most prized title may well be "Professor Rader."
As Professor, Judge Rader has taught courses on patent law and other advanced intellectual property courses at The George Washington University Law School,University of Virginia School of Law, Georgetown University Law Center, the Munich Intellectual Property Law Center, and other university programs in Tokyo, Taipei, New Delhi, and Beijing. Due to the size and diversity of his classes, Judge Rader may have taught patent law to more students than anyone else. Judge Rader has also co-authored several texts including the most widely used textbook on U. S. patent law, "Cases and Materials on Patent Law," (St. Paul, Minn.: Thomson/West 3d ed. 2009) and "Patent Law in a Nutshell," (St. Paul, Minn.: Thomson/West 2007) (translated into Chinese and Japanese). Judge Rader has won acclaim for leading dozens of government and educational delegations to every continent (except Antarctica), teaching rule of law and intellectual property law principles.
Judge Rader has received many awards, including the Sedona Lifetime Achievement Award for Intellectual Property Law, 2009; Distinguished Teaching Awards from George Washington University Law School, 2003 and 2008 (by election of the students); the Jefferson Medal from the New Jersey Intellectual Property Law Association, 2003; the Distinguished Service Award from the Berkeley Center for Law and Technology, 2003; the J. William Fulbright Award for Distinguished Public Service from George Washington University Law School, 2000; and the Younger Federal Lawyer Award from the Federal Bar Association, 1983. Before appointment to the Court of Federal Claims, Judge Rader served as Minority and Majority Chief Counsel to Subcommittees of the U.S. Senate Committee on the Judiciary. From 1975 to 1980, he served as Counsel in the House of Representatives for representatives serving on the Interior, Appropriations, and Ways and Means Committees. He received a B.A. in English from Brigham Young University in 1974 and a J.D. from George Washington University Law School in 1978.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Mandatory Greenhouse Gas Reporting: The GHG Registry
Daren Bakst
Brought to you by the Environmental Law & Property Rights Practice GroupOn March 10, 2009, the...
Tribal Sovereign Immunity Does Not Bar California’s Suit over Campaign Contribution Disclosure Violations
Publius
Relying upon the Tenth Amendment and the Guarantee Clause of the U.S. Constitution, the California...
Independent Peer Review: The Sine Qua Non of Information Quality
Jeffrey Ladik
In September 2003, the Office of Management and Budget’s (OMB) Office of Information and Regulatory...
Independent Peer Review: The Sine Qua Non of Information Quality
Jeffrey Ladik
In September 2003, the Office of Management and Budget’s (OMB) Office of Information and Regulatory...
United States Immigration Law in a World of Terror
Margaret D. Stock
By Margaret D. Stock*I. Introduction The terrorist attacks of September 11, 2001 have spurred a...
Monitoring Attorney-Client Communications of Designated Federal Prisoners
Thomas F. Gede, Kent Scheidegger, William G. Otis
Prepared by:Tom Gede, Chair, Criminal Law & Procedure Practice Group, Sacramento, CAKent Scheidegger, Criminal Justice...
IP Protection for Modern Technology
Chris Rogers, John Doll, Randall R. Rader, Charles Dadswell
Following are excerpts from a panel discussion entitled "IP Protection for Modern Technology" which was...
Case Notes
Jeffrey Bossert Clark
Three cases with significant implications for environmental and/or property-rights law are addressed below. Kumho Tire...