Former Deputy Attorney General for Virginia
Kennerly Davis has over forty years of experience in corporate management, public service, and the private practice of law. He has held senior executive positions in a Fortune 500 electric and gas company. He has served as Deputy Attorney General for the Commonwealth of Virginia, and as a legislative aide to a U.S. Senator and a U.S. Congressman. He practiced law for 25 years with Hunton Andrews Kurth LLP.
Davis is active in the Federalist Society as a member of the Regulatory Process Working Group of the Regulatory Transparency Project, and as a member of the Execuitve Committee of the Administrative Law and Regulation Practice Group. He is active in the national Alumni Free Speech Alliance, and involved in AFSA-chapter initiatives, including litigation, to publicize and correct the serious legal problems created by university Diversity, Equity, and Inclusion programs and the anonymous bias reporting systems used to enforce those DEI programs.
Davis writes and speaks on a wide variety of topics, including those related to the Founding of America, the natural rights foundation of our Republic, the constitutional rule of law, equal protection and free speech, DEI programs and bias reporting systems, capitalism, regulation and regulatory reform, and economic development. His articles have appeared in The Wall Street Journal, the Washington Examiner, the Richmond Times-Dispatch, The Federalist Society Review, the FedSoc Blog, Real Clear Energy, Townhall, the Daily Caller, reports of the Center for Strategic & International Studies, and other publications. He appears frequently on radio, podcasts, and television.
Davis graduated with honors from Cornell University with an A.B. degree in Government. He earned an M.A. degree from Pembroke College, Oxford, in Philosophy, Politics, and Economics. He was awarded a J.D. degree from Harvard Law School, and an M.B.A. degree from Virginia Commonwealth University.
Davis lives in Richmond, Virginia. He can be contacted by email: [email protected], and by phone: (804) 624-8525.
Senior Counsel, Schaerr Jaffe LLP
Ken Klukowski is senior counsel at the law firm Schaerr Jaffe, focusing on constitutional, administrative, and election law, and the federal courts. He has served in politically appointed positions in the U.S. government, including senior counsel in the Civil Division of the U.S. Department of Justice, and prior to that in the White House as special counsel in the Office of Management and Budget. He was also the constitutional rights advisor on the Presidential Transition Team of President Donald J. Trump. In the private sector, he has worked as a senior fellow of the American Constitutional Rights Union, senior counsel at First Liberty Institute, and a legal journalist. He litigates constitutional cases in the U.S. Supreme Court and lower federal courts, and contributes to media coverage of the nation’s highest court and legal issues. Earlier in his career, Klukowski served as special deputy attorney general of Indiana, and worked on faculty at Liberty University School of Law. His academic works have been published by journals such as the Federalist Society’s Harvard Journal of Law & Public Policy, and his columns have appeared in the Wall Street Journal and other national publications. His amicus briefs and nine law review articles have been cited by various federal courts and top legal journals. He has participated in numerous Supreme Court cases, and lectured and debated at 100 law school events nationwide. Klukowski received his bachelor’s degree from the University of Notre Dame, studied history at Arizona State University, earned his law degree from Scalia Law School at George Mason University, and served as a law clerk to Chief Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
United States Senator, Arizona
Senior Fellow, New America Foundation
Lee Drutman is a senior fellow in the program on political reform at New America. He is the author of The Business of America is Lobbying (Oxford University Press, 2015). He writes regularly for Polyarchy, a Vox.com blog. An expert on lobbying, influence, and money in politics, he has been quoted and/or cited in The New York Times, The Washington Post, The Economist, Slate, Mother Jones, The Atlantic, Business Insider, National Review, Politico, and many other publications, and on Morning Edition, All Things Considered, Planet Money, This American Life, Marketplace, Washington Journal, and The Colbert Report, among other programs.
Drutman also teaches in the Center for Advanced Governmental Studies at The John Hopkins University. Prior to coming to New America, Drutman was a senior fellow at the Sunlight Foundation. He has also worked in the U.S. Senate and at the Brookings Institution. He holds a Ph.D. in political science from the University of California, Berkeley and a B.A. from Brown University.
Robert and Katheryn Dockson Professor of Public Policy and Professor Emeritus, Pepperdine University School of Public Policy
Gordon Lloyd is the Robert and Katheryn Dockson Professor of Public Policy at Pepperdine University. He earned his bachelor of arts degree in economics and political science at McGill University. He completed all the course work toward a doctorate in economics at the University of Chicago before receiving his master of arts and PhD degrees in government at Claremont Graduate School. The coauthor of three books on the American founding and sole author of a book on the political economy of the New Deal, he also has numerous articles, reviews, and opinion-editorials to his credit. His latest coauthored book, The New Deal & Modern American Conservatism: A Defining Rivalry, was published in 2013, and he most recently released as editor, Debates in the Federal Convention of 1787, in September 2014. He is the creator, with the help of the Ashbrook Center, of four highly regarded websites on the origin of the Constitution. He has received many teaching, scholarly, and leadership awards including admission to Phi Beta Kappa and the Howard White Award for Teaching Excellence at Pepperdine University. He currently serves on the National Advisory Council for the Walter and Leonore Annenberg Presidential Learning Center through the Ronald Reagan Presidential Foundation.
Professor of Law, UCLA Law School
Daniel Lowenstein was the first American law professor to specialize in Election Law and established a leading reputation in that field. He authored the first twentieth century textbook in the field — Election Law: Cases and Materials (Carolina Academic Press, 1995), now in its sixth edition. As co-editor with Professor Rick Hasen he inaugurated the Election Law Journal, the leading journal in the field. On January 29, 2010, leading scholars in Election Law put on a festschrift celebrating Lowenstein’s work in the field.
On July 1, 2009, Lowenstein became Director of the new UCLA Center for the Liberal Arts and Free Institutions (CLAFI), intended to facilitate and promote study of the great works and achievements of western civilization. He currently teaches undergraduate courses, primarily in literature.
Lowenstein worked as a staff attorney at California Rural Legal Assistance for two and one-half years beginning in 1968. While working for California's Secretary of State, Edmund G. Brown Jr. starting in 1971, he specialized in Election Law and was the main drafter of the Political Reform Act, an initiative statute that California voters approved in 1974, thereby creating a new Fair Political Practices Commission. Governor Brown appointed Lowenstein as first chairman of the Commission in 1975. Lowenstein has served on the national governing board of Common Cause and has been a board member and a vice president of Americans for Nonsmokers' Rights. He has also served as chairman of the Board of Directors of the award-winning theatre troupe Interact and regularly brings the company to the School of Law to perform plays with legal themes, such as Sophocles' Antigone, Ibsen’s An Enemy of the People, and Wouk's The Caine Mutiny Court Martial.
Professor Lowenstein’s published research runs the gamut of Election Law subjects, including campaign finance, redistricting, voting rights, political parties, and initiatives. He has also published literary criticism on works such as The Merchant of Venice and Bleak House.
To obtain news and information about CLAFI or about the Interact play readings at the School of Law, please write to Lowenstein at [email protected].
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Professor of Government, Claremont Graduate University
Michael Uhlmann has been a professor in the Division of Politics & Economics at Claremont Graduate University since 2002. His research specializations include American presidency, executive–congressional relations, and the federal judiciary—namely, the federal administrative process and national security decision making. In addition to his regular coursework at CGU, Uhlmann teaches in and directs CGU’s Tribal Administration Certificate Program, made possible through a generous grant from the San Manuel Band of Mission Indians.
Uhlmann received his PhD in Government from Claremont Graduate University after receiving his BA in History from Yale University and his LLB from the University of Virginia Law School. Immediately prior to joining the CGU faculty, Uhlmann served as a senior vice president of the Lynde and Harry Bradley Foundation in Milwaukee, Wisconsin. Before that, he was a senior fellow at the Ethics and Public Policy Center in Washington, D.C. He had also served for many years as a partner in the Washington office of Pepper, Hamilton, & Scheetz, a large international law firm, where he specialized in federal antitrust and administrative law. Concurrently held alongside his position at CGU, Uhlmann is an adjunct professor at Claremont McKenna College, teaching a variety of courses in the Department of Government.
In addition to his academic career, private legal practice, and philanthropic work, Uhlmann has had a distinguished career in government, beginning with service as a staff and committee counsel in the U.S. Senate and as assistant general counsel of the Federal Trade Commission. In 1974, following Senate confirmation, he was appointed by President Gerald Ford to be assistant attorney general for Legislative Affairs in the Department of Justice. From 1981 to 1984, he served as special assistant to President Ronald Reagan and associate director of the White House Office of Policy Development. He directed legal and administrative policy for the Reagan presidential transition in 1980–1981 and chaired the Department of Justice transition team for President-Elect George H. W. Bush in 1988–1989.
Uhlmann has written for many leading newspapers and journals of opinion, including National Review, Weekly Standard, Philadelphia Inquirer, Los Angeles Times, Washington Post, First Things, and Claremont Review of Books.
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
Alexander M. Bickel Professor of Public Law, Yale Law School
Degrees from Davidson College, B.A. summa cum laude, 1973; Harvard University, M.A., 1974; Yale Law School, J.D, 1978. Clerked for Edward Weinfeld, 1978-79; Attorney at Shea & Gardner, 1979-82; Law Professor since 1982, tenured at Georgetown and Yale, visiting professor at Stanford, NYU, Toronto, Harvard, Columbia, Penn, Fordham, Vanderbilt. Author of casebooks on legislation and sexuality, gender and law, as well as monographs on statutory interpretation and the rights of sexual and gender minorities. Author of dozens of articles, by one empirical count a top ten most cited law professors.
David McIntosh is a leader for the principles of limited constitutional government and individual freedom. He is president of the Club for Growth, the leading advocate for economic liberty.
Former Congressman David McIntosh represented Indiana's 2nd Congressional District in the United States Congress from 1995-2001. As a Freshman, David chaired the Subcommittee on Regulatory Relief. He passed the Congressional Review Act and held extensive oversight and field hearings to build a record of public support for regulatory relief initiatives in energy, biotechnology, pharmaceutical, healthcare, transportation and technology sectors. Another issue that he championed was the elimination of the marriage penalty in the Federal Tax Code.
David served during the Reagan administration as special assistant to Attorney General Edwin Meese III, and as special assistant to President Reagan for Domestic Affairs. During the first Bush administration, he served as executive director of the President's Council on Competitiveness and assistant to the Vice President. The Competitiveness Council coordinated the cost/benefit review of major regulations and promoted legal reform measures.
David is a co-founder of the Federalist Society for Law and Public Policy and serves on the Board of Directors. He remains active with several free market and conservative think tanks and grassroots organizations. David has also had stints at the Hudson Institute and as a Professor of Economics at Ball State School of Business.
Prior to the Club for Growth, David was a partner at Mayer Brown, LLP in Washington, DC.
David graduated from the University of Chicago Law School in 1983, and Yale University, BA, cum laude, in 1980. He and his wife, Ruthie, are the proud parents of Ellie age 17 and Davey age 13.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Topics
Liberty Month Revisited: Separation of Powers - A Primer
This month we are sharing a selection of pieces from The Federalist Society's Liberty Month...
Could a New Section 1983 Covering Federal Officials Curb Executive Branch Abuse of Constitutional Rights?
John Kennerly Davis
Note from the Editor: This article notes public distrust of the federal government in light...
Roundtable at APSA 2016: Congress, Delegation, and the Administrative State
Philadelphia, PennsylvaniaOur Divisive Times: What Would Madison Say?
Perhaps the story is apocryphal, but nonetheless it is a good one. At the close...
Topics
Out of Control
Separation of powers as a tool for limiting discretionary official power is the foundation stone...
Topics
Separation of Powers: A Primer
Constitutional concepts like free speech or the right to bear arms are ingrained in our...
Luncheon Panel: Executive Power and the Role of the Coordinate Branches
Second Annual Executive Branch Review Conference
Washington, DCIn Whose Name We Pray: Restoring the Establishment Clause in Town of Greece v. Galloway
Kenneth A. Klukowski
Note from the Editor: This article is a discussion about the Establishment Clause issue in...
The States and the NLRB: A Study in Comparative Sovereignty
Under a system of government that diffuses power and makes institutional “[a]mbition . . ....
Address by Senator John McCain
John McCain
Limited Government and the Rule of Law Thank you, Ted, for that kind introduction. I...