Managing Partner, Boyden Gray PLLC
Michael Buschbacher is the managing partner of Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
Associate, Covington
John Kendrick represents clients in antitrust matters before government agencies (both domestic and foreign) and in federal court. His experience includes complex, high-profile antitrust litigation spanning multiple jurisdictions. He also represents clients in antitrust investigations, including merger investigations under the HSR Act.
John has advised clients in the cellular, medical device, retail, semiconductor, and travel industries. He has particular experience handling complex issues for technology companies and intellectual property licensing companies.
Angus G. Wynne, Sr. Professor in Civil Jurisprudence, The University of Texas at Austin School of Law
Susan Morse joined the University of Texas law faculty in 2013. She studies and writes about regulatory design and about international tax policy and tax compliance. She is interested in the interaction between legal systems and private ordering.
Recent writings in tax policy include Do Tax Compliance Robots Follow the Law? (symposium contribution), 16 Ohio State Tech. L. J. 278 (2020); GILTI: The Co-operative Potential of a Unilateral Minimum Tax, 2019 British Tax Rev. 512; Does Parenting Matter? U.S. Firms, Non-U.S. Firms, and Global Tax Accruals (with Eric J. Allen), 4 J. L. Fin. & Acct'g 239 (2019); International Cooperation and the 2017 Tax Act, 128 Yale L. J. Forum 362 (Oct. 25, 2018) and Seeking Comparable Transactions in Patent and Tax, 37 Rev. Litig. Brief (2018).
Recent writings in regulatory design include Government-to-Robot Enforcement, 2019 Ill. L. Rev. 1497; When Robots Make Legal Mistakes, 72 Okla. L. Rev. 213 (2019); Regulating by Example, 35 Yale J. Reg. 127 (2018) (with Leigh Osofsky) (featured in online symposium, How Agencies Communicate, at JREG); Safe Harbors, Sure Shipwrecks, 49 U.C. Davis L. Rev. 1385 (2016) (selected for Yale/Stanford/Harvard Junior Faculty Forum, 2015); and Entrepreneurship Incentives for Resource-Constrained Firms, Handbook of Law and Entrepreneurship (forthcoming).
Morse cowrote a Supreme Court amicus brief in 2020 supporting the government in CIC Services, LLC v. Internal Revenue Service (blog coverage here). Morse submitted cowritten Ninth Circuit amicus briefs in 2016, 2018 and 2019 in Altera Corp. v. Commissioner, supporting the government's position that it had validly issued a Treasury regulation that requires cost-sharing arrangements to include stock-based compensation. The Ninth Circuit held for the government and denied rehearing en banc, and the Supreme Court denied cert in 2020. Blog coverage here, here, here, here, here, and here.
Professor Morse teaches Property and Federal Income Tax, as well as the Financial Methods for Lawyers course, which she pioneered at Texas Law. She won the Women's Law Caucus Teacher of the Year award in 2016 and 2020. She edits the tax section at JOTWELL.com.
Professor Morse clerked for the Honorable Michael Boudin of the United States Court of Appeals for the First Circuit and spent seven years in business tax practice at Ropes & Gray, Boston and Wilson Sonsini Goodrich & Rosati, Palo Alto. Prior to joining the Texas faculty, she served as Associate Professor at UC Hastings College of the Law and as Research Assistant Professor at Santa Clara University School of Law.
Morse has also written Innovation and Taxation at Start-Up Firms, 69 Tax L. Rev. 357 (2016); Tax Anti-Avoidance Law in Australia and the United States, 49 Int'l Law. 111 (2015); A Simpler Offshore Profits Transition Tax, 76 Tax Notes Int'l 629 (Feb. 17, 2014); Startup Ltd.: Tax Planning and Initial Incorporation, 14 Fla. Tax Rev. 319 (2013); Tax Haven Incorporation for U.S. Firms: No Exodus Yet, 66 Nat’l Tax J. 395 (2013); The Transfer Pricing Regs Need a Good Edit, 40 Pepperdine L. Rev. 1415 (2013); and A Corporate Offshore Profits Transition Tax, 91 N.C. L. Rev. 549 (2013).
Senior Fellow in Executive Power, Cato Institute
Molly Nixon is a senior fellow at the Cato Institute, where she focuses on the scope, use, and history of executive power as well as its limits under the Constitution. Molly was previously an attorney with Pacific Legal Foundation’s separation of powers practice, where she litigated cases challenging congressional delegations of legislative power and executive branch overreach. Before that, she served as an Attorney-Advisor at the Department of the Interior and as Legislative Counsel for Congressman Justin Amash.
Molly holds a J.D. from New York University School of Law and a B.A. in History and International Relations from Boston University. She clerked for the U.S. District Court for the District of Alaska and practiced law at a firm in New York City for several years before moving to Washington, D.C.
Adjunct Professor of Law, Scalia Law; Google, Corporate Counsel
Kathryn Ciano Mauler currently serves as a Corporate Counsel at Google. Prior to Google, Kathryn was Senior Regulatory Counsel at Uber Technologies, and also spent three years at i360, LLC as General Counsel. Before this, she also worked at a boutique law firm in Washington, D.C. and at the Institute for Justice.
She received her B.A. from the University of Florida. She also received her business degree from the University of Florida - Warrington College of Business, studying at the Ecole supérieure de Commerce de Toulouse in France. Kathryn's J.D. is from the George Mason University School of Law.
Chief Global Affairs Officer, Duco
Katie Harbath is a global leader at the intersection of elections, democracy, and technology. As the chief executive of Anchor Change, she helps clients think through tech policy issues. Katie is Chief Global Affairs Officer at Duco and a nonresident fellow at the Atlantic Council.
Previously, Katie spent ten years at Facebook. As a director of public policy, she built and led global teams that managed elections and helped government and political figures use the social network to connect with their constituents.
This work included managing the global elections strategy across the company by working closely with product teams to develop and deploy civic engagement and election integrity products including political ads transparency features; developing and executing policies around elections; building the teams that support the government, political, and advocacy partners; working with policymakers on shaping the regulation of elections online, and serving as a spokesperson for the company about these issues. Katie was involved in this work in major elections for every country worldwide, including the United States, India, Brazil, United Kingdom, European Union, Canada, Philippines, and Mexico.
Before Facebook, Katie held senior strategic digital roles at the Republican National Committee, the National Republican Senatorial Committee, DCI Group and multiple campaigns. She is a board member at the National Conference on Citizenship, Democracy Works, and the Center for Journalism Ethics at the University of Madison-Wisconsin. Katie holds a BA in journalism and political science from the University of Wisconsin-Madison.
Dwight D. Opperman Professor of Law Director, Center for Labor and Employment Law Co-Director, Institute of Judicial Administration, NYU School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Partner, Horvitz & Levy
Leading businesses, public entities, and employers rely on Scott Dixler’s capabilities in matters involving complex business disputes, class actions, discrimination claims, and torts.
Scott has presented more than twenty oral arguments in state and federal appellate courts. Recognizing Scott’s capabilities as an oral advocate, clients have retained Scott to argue appeals briefed by other counsel. Scott serves on the Amicus Committee of the Association of Southern California Defense Counsel. He is also on the Executive Board of the American Bar Association Judicial Division’s Council of Appellate Lawyers and formally served on the Board of the Los Angeles Lawyers' Chapter of the Federalist Society.
Prior to joining the firm, Scott gained experience as a litigation associate at Cravath, Swaine & Moore LLP in New York.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
General Counsel, Strive
Before joining Strive, Alexandra served as the Director of Regulatory Affairs at River Financial, where she handled all regulatory and government matters and served as product counsel. Prior to her time at River, Alexandra worked at the U.S. Department of Treasury, first in the General Counsel’s office and then as the youngest-ever Executive Secretary, where she worked directly with Secretary Mnuchin. Alexandra previously worked as an associate in the Washington, D.C. office of Akin Gump. She clerked for then-Justice Allison Eid on the Colorado Supreme Court and Judge Jennifer Elrod on the U.S. Court of Appeals for the Fifth Circuit. She holds a J.D. from the University of Texas and a B.A. from The King’s College.
Senior Fellow, Independent Institute
Dr. Stephen P. Halbrook is a Senior Fellow at the Independent Institute. He has taught legal and political philosophy at George Mason University, Howard University, and Tuskegee Institute, and he received his J.D. from the Georgetown University Law Center and Ph.D. in social philosophy from Florida State University.
The winner of three cases before the U.S. Supreme Court (Printz v. United States, United States v. Thompson/Center Arms Company, and Castillo v. United States), he has testified before the Subcommittee on the Constitution of the Senate Judiciary Committee, Senate Subcommittee on the Constitution, Subcommittee on Crime of the House Judiciary Committee, Senate Governmental Affairs Committee, and House Committee on the District of Columbia.
A contributor to numerous scholarly volumes, he is the author of the books, Gun Control in Nazi-Occupied France: Tyranny and Resistance; Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State”; The Founders’ Second Amendment: Origins of the Right to Bear Arms; That Every Man Be Armed: Evolution of a Constitutional Right; A Right to Bear Arms; Firearms Law Deskbook: Federal and State Criminal Practice; Securing Civil Rights: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms; State and Federal Bills of Rights and Constitutional Guarantees; and Target Switzerland: Swiss Armed Neutrality in World War II. Dr. Halbrook’s scholarly articles have appeared in such journals as the Arizona Journal of International and Comparative Law, Drug Law Report, George Mason University Law Review, Journal of Air Law and Commerce, Journal of Law and Policy, Law & Contemporary Problems, National Law Journal, Northern Kentucky Law Review, St. John’s Journal of Legal Commentary; Seton Hall Constitutional Law Journal, Tennessee Law Review, University of Dayton Law Review, Valparaiso University Law Review, Vermont Law Review, and William & Mary Bill of Rights Journal.
Dr. Halbrook's popular articles have appeared in such publications as the Wall Street Journal, Newsday, San Francisco Chronicle, National Review, Investor’s Business Daily, Kansas City Star, Washington Examiner, Shreveport Times, Sacramento Bee, Providence Journal, Tampa Tribune, Pittsburgh Tribune-Review, History News Network, San Antonio Express-News, The Daily Caller, Detroit News, Honolulu Star Advertiser, Birmingham News, Environmental Forum, USA Today, and Washington Times. He has also appeared on numerous national TV/radio programs on CNN, Fox News Channel, Fox Business Network, Court TV, NewsMax TV, CBN, Voice of America, and C-SPAN.
Independent Analyst, None
Allison Hayward most recently served as the Head of Case Selection at the Oversight Board. Previously, she was a Commissioner at the California Fair Political Practices Commission, a Board Member at the Office of Congressional Ethics, and an Assistant Professor of Law at George Mason University School of Law. She also previously worked as Chief of Staff and Counsel in the office of Federal Election Commission Commissioner Bradley A. Smith and practiced election law in California and in Washington DC.
In 1994-1995, Professor Hayward was a judicial clerk for the Honorable Danny J. Boggs, United States Court of Appeal for the Sixth Circuit.
She is a member of the State Bar of California and the District of Columbia Bar.
Counsel, Keller Postman LLC
John Masslon is a Counsel at Keller Postman LLC, where he works on a broad range of disputes, including products liability and consumer protections suits. He helps develop legal strategies, writes briefs, and presents argument on legal questions. Before joining Keller Postman, John was senior litigation counsel at Washington Legal Foundation. There, he wrote about 100 amicus briefs supporting free enterprise in courts across the country. He filed the first amicus brief in the Supreme Court supporting the challenge to OSHA’s vaccine mandate. He also filed a brief supporting ending the in-house proceedings at the Securities and Exchange Commission. Previously, John served as assistant solicitor general in a state attorney general’s office. There, he was first chair in a federal trial challenging a state election law that was ultimately upheld. He also wrote the briefs that convinced the state supreme court to uphold the State’s right-to-work statute.
John obtained his B.S. in economics with a minor in mathematical sciences from Clemson University. He then received his J.D. and LL.M. in Taxation from Georgetown University Law Center. After law school, John worked for Judge Arthur J. Schwab of the United States District Court for the Western District of Pennsylvania and clerked for Judge Judith Ference Olson of the Superior Court of Pennsylvania.
Professor of Law, University of Pittsburgh School of Law
Arthur D. Hellman, a professor of law (emeritus) at the University of Pittsburgh, is a nationally recognized scholar of the federal courts who has also written in the area of the First Amendment. His publications include numerous articles and several books, including casebooks in both areas, Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process (5th edition 2022) (with David R. Stras, Ryan W. Scott, F. Andrew Hessick, and Derek T. Muller); and First Amendment Law: Freedom of Speech and Freedom of Religion (5th edition 2022) (with William D. Araiza, Thomas E. Baker, and Ashutosh A. Bhagwat).
In addition to his casebooks and academic writing, Processor Hellman has worked with the Judiciary Committees in the House and Senate in drafting federal courts legislation, including the most recent (2002) revision of the Judicial Conduct and Disability Act (Title 28, Chapter 16). The legislative histories of two major jurisdictional statutes – the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the “Holmes Group Fix” (enacted as part of the America Invents Act) – acknowledge his contributions.
Professor Hellman has testified as an invited witness at numerous hearings of both Judiciary Committees. His testimony has focused on a wide variety of legislative issues related to the federal courts, including the jurisdiction of the Supreme Court; proposals to divide the Ninth Circuit Court of Appeals; federal judicial discipline; unpublished appellate opinions; and the constitutionality of legislative restrictions on the powers of the federal courts.
In 2005 Professor Hellman was appointed as the inaugural holder of the Sally Ann Semenko Endowed Chair at the University. In 2002 he received the Chancellor’s Distinguished Research Award “as a faculty member who has an outstanding and continuing record of research and scholarly activity.”
Founder, Original Jurisdiction
David Lat is a lawyer turned writer. He publishes Original Jurisdiction, a newsletter on Substack about law and legal affairs, and he writes for newspapers and magazines, including the New York Times, Washington Post, and Wall Street Journal. Prior to launching Original Jurisdiction, David founded Above the Law, one of the nation's most widely read legal news websites, and Underneath Their Robes, a popular blog about federal judges that he wrote under a pseudonym. He is also the author of a novel set in the world of the federal courts, Supreme Ambitions. Before entering the media world, David worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz, in New York; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. David graduated from Harvard College and Yale Law School, where he served as an editor of the Yale Law Journal.
Judge, Arizona Court of Appeals, Division One
The Honorable Jennifer M. Perkins began service on the Arizona Court of Appeals, Division One, on October 30, 2017. At the time of her appointment by Governor Douglas Ducey, Judge Perkins was Assistant Solicitor General for the State of Arizona.
Judge Perkins was born in Portales, New Mexico, and primarily raised in Albuquerque. She attended the prestigious Albuquerque Academy from 1988-1995, before moving to Washington D.C. to attend the Elliott School of International Affairs at the George Washington University as a National Merit Scholar. Therafter, she relocated again to Dallas, Texas, and earned her juris doctor from the SMU Dedman School of Law, graduating cum laude in 2002.
Judge Perkins started her career at the law firm of Browning & Peifer (now Peifer, Hanson, Mullins, and Baker) in Albuquerque, New Mexico. While there, she litigated complex commercial matters including class action plaintiff and defense work, and assisted with employment and contract litigation. In 2003, the judge accompanied the Honorable James O. Browning in transitioning to the federal district court bench, serving as his first law clerk.
After her clerkship, Judge Perkins moved to Arizona to work for the Institute for Justice, Arizona Chapter, a public interest law firm. She spent five years with IJ-AZ litigating civil rights cases in Arizona and across the country. In 2009, the judge became Disciplinary Counsel for the Arizona Commission on Judicial Conduct, where she reviewed and prosecuted ethics complaints against state court judges throughout Arizona. After five years serving the state in this capacity, Judge Perkins entered private practice by joining an appellate law firm in Phoenix. While there, she worked on state and federal appeals involving a wide range of legal subjects, including complex business disputes, property rights, judicial ethics, and personal injury matters.
In January 2015, Judge Perkins joined the Office of the Arizona Attorney General to serve as the first Assistant Solicitor General; in that capacity, she was responsible for oversight of Attorney General Opinions and served as ethics counsel to the entire office. In addition to these two primary roles, the judge assisted on a variety of matters including trial and appellate litigation of election-related matters; federal appellate litigation with the Federalism Unit; state criminal appeals; and drafting amicus briefs on behalf of Arizona in state and federal courts.
Distinguished Professor of History, Professor of Political Science and European Studies, Director of Undergraduate Studies, Vanderbilt University
Thomas Alan Schwartz is a historian of the foreign relations of the United States, with related interests in American politics, the history of international relations, Modern European history, and biography. His most recent book is Henry Kissinger and American Power: A Political Biography (Hill and Wang, 2020). The book has received considerable notice and acclaim. Harvard’s University’s Charles Maier has written: "Thomas Schwartz's superbly researched political biography reveals the brilliance, self-serving ego, and vulnerability of America's most remarkable diplomat in the twentieth century, even as it provides a history of U.S. engagement in global politics as it moved beyond bipolarity." Earlier in his career, Schwartz was the author of America’s Germany: John J. McCloy and the Federal Republic of Germany (Harvard, 1991), which was translated into German, Die Atlantik Brücke (Ullstein, 1992). This book received the Stuart Bernath Book Prize of the Society of American Foreign Relations, and the Harry S. Truman Book Award, given by the Truman Presidential Library. He is also the author of Lyndon Johnson and Europe: In the Shadow of Vietnam (Harvard, 2003), which examined the Johnson Administration’s policy toward Europe and assessed the impact of the war in Vietnam on its other foreign policy objectives. He is the co-editor with Matthias Schulz of The Strained Alliance: U.S.-European Relations from Nixon to Carter, (Cambridge University Press, 2009).
Professor Schwartz has held fellowships from the Social Science Research Council, the German Historical Society, the Norwegian Nobel Institute, the Woodrow Wilson International Center for Scholars, and the Center for the Study of European Integration. He has served as President of the Society of Historians of American Foreign Relations. He served on the United States Department of State’s Historical Advisory Committee as the representative of the Organization of American Historians from 2005-2008. Professor Schwartz received The Madison Sarratt Prize for Excellence in Undergraduate Teaching on April 3, 2013 at the Spring Faculty Assembly, Vanderbilt University. In 2008 Professor Schwartz received the Annual Alumni Education Award from the Vanderbilt Alumni Association. Schwartz is the recipient of the 2008 Book Award by Chi Chapter of the Kappa Alpha Order. This award is given to a faculty member who has been particularly influential in the lives and education of members of KAO. Professor Schwartz presented, "The Arab Spring: Revolution in the Middle East," on April 19, 2011, as part of the Samuel L. Shannon Distinguished Lecture Series at Tennessee State University. Professor Schwartz has also presented lectures for the OAH Distinguished Lecturers Program.
Mack Brown Distinguished Chair for Leadership in Global Affairs; Professor of Public Affairs and History, University of Texas
Jeremi Suri holds the Mack Brown Distinguished Chair for Leadership in Global Affairs at The University of Texas at Austin. He is a professor in the University's Department of History and the LBJ School of Public Affairs. Dr. Suri is the author and editor of eleven books on contemporary politics and foreign policy, most recently Civil War By Other Means: America's Long and Unfinished Fight for Democracy. His other books include The Impossible Presidency: The Rise and Fall of America's Highest Office; Henry Kissinger and the American Century; Liberty's Surest Guardian: American Nation-Building from the Founders to Obama; and Foreign Policy Breakthroughs: Cases in Successful Diplomacy (with Robert Hutchings).
Dr. Suri writes for major newspapers and magazines including the New York Times, Washington Post, Los Angeles Times, New York Daily News, Dallas Morning News, Houston Chronicle, Boston Globe, The Atlantic, Foreign Policy, Foreign Affairs, Fortune, The American Prospect and Wired — as well as for various online sites and blogs. He is a popular public lecturer, and appears frequently on radio and television.
Dr. Suri teaches courses on strategy and decision-making, leadership, globalization, international relations and modern history. He teaches graduate and undergraduate courses, and he teaches and serves as academic director for the Executive Master in Public Leadership program (EMPL) at LBJ. His research and teaching have received numerous prizes. In 2007 Smithsonian magazine named him one of America's "Top Young Innovators" in the arts and sciences. In 2018 he received the Pro Bene Meritis Award for Contributions to the Liberal Arts. In the same year also received the President’s Associates Teaching Excellence Award from the University of Texas at Austin.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Thomas Smith Senior Research Fellow, The Civitas Institute, University of Texas at Austin
John Yoo is the Emanuel Heller Professor of Law at the University of California at Berkeley. He is also the Thomas Smith 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.
He is a co-author of volumes 1 and 2 of R. Rossum, G. Tarr, V. Munoz & J. Yoo American Constitution Law (Routledge, 2026), and a co-editor of the eight-volume series on the 250th anniversary of the American Revolution, We Hold These Truths, with Yuval Levin and Adam White of the American Enterprise Institute.
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 the University of Texas at Austin’s School of Civic Leadership, Seoul National University, the Interdisciplinary Center Herzliya, Keio University, Trento University, 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 Founding Forward, the Washington Legal Foundation, the Pacific Legal Foundation, the Ulysses Grant Institute, 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 the Heritage Foundation’s Edwin Meese III Originalism Lectureship.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Solicitor, U.S. Department of Labor
Jonathan Berry is Solicitor at the U.S. Department of Labor, in service to President Trump’s agenda to put American workers first. He leads the Department’s lawyers in advising the Secretary and agency leadership on all aspects of law and in representing the Department in court. He was previously managing partner at Boyden Gray PLLC, where he provided strategic counsel and litigated on issues at the intersection of law, politics, and public policy. Earlier, he headed the regulatory office at Labor, and also served at the Department of Justice, in the first Trump Administration. Mr. Berry served as a law clerk to Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit, and to Associate Justice Samuel A. Alito, Jr., of the Supreme Court of the United States.
Founder & CEO, Edelson PC
Jay Edelson is the founder of Edelson PC. He is considered one of the nation’s leading plaintiff’s lawyers, with his firm having helped secure over $45 billion in settlements and verdicts on behalf of classes, individuals, and governmental entities. Law360 described Jay as a “Titan of the Plaintiff’s Bar.” Jay has been recognized as one of “America’s top trial lawyers” in the mass action arena. LawDragon named him one of the top Plaintiff Financial Lawyers in the country. He has been called “probably the best known, and most innovative, consumer privacy lawyer on the planet,” with he and his firm holding records for the largest trial verdict in a consumer privacy case ($925m), the largest consumer privacy settlement ($650m) and the largest TCPA settlement ($76m).
Jay has been appointed to represent state and local regulators on some of the largest issues of the day, ranging from opioids suits against pharmaceutical companies, to environmental actions against polluters, to breaches of trust against energy companies and for-profit hospitals, to privacy suits against Google, Facebook, and others.
Professor of Law, Rutgers Law School
Stacy Hawkins is a frequent writer and sought-after speaker on the issue of employment law and diversity. She’s served on the Philadelphia Diversity Law Group and the Pennsylvania Bar Association Commission on Women in the Profession Diversity Task Force. She worked as a senior labor and employment attorney and as the director of diversity for major law firms.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Partner, Gibson Dunn & Crutcher
Jason C. Schwartz is a litigation partner in the Washington, D.C. office of Gibson Dunn, co-chair of the Labor & Employment Practice Group, General Counsel of the law firm and a member of the firm’s Executive Committee. Jason was recognized as an MVP in employment law five times, awarded by Law360 to “attorneys whose achievements in major litigation or transactions have set a new standard for accomplishment in corporate law.” Law360 referred to Jason as “an expert dismantler of worker class actions.”
Jason is ranked in Band 1 in Labor & Employment by Chambers USA, which stated, “He is a whip-smart, results-oriented and zealous advocate who is really committed to the client. His judgment is impeccable.” According to Chambers USA, “[c]lients note: He’s an excellent litigator with a good sense of the client’s needs in a business environment. He’s just a pleasure to work with. He’s disciplined, a great writer and gets great results.” Jason has been recognized as a Top 20 Labor & Employment Litigator in the U.S. by Benchmark Litigation; on the Top 100 list of the Nation’s Most Powerful Employment Attorneys by Human Resource Executive magazine; as a Top Lawyer in Employment Defense by Washingtonian Magazine; as a Leading Lawyer in Labor & Employment Disputes by The Legal 500 US; by Lawdragon 500 Leading Corporate Employment Lawyers for Labor & Employment (Litigation); in The Best Lawyers in America in the Employment Law-Management category; as a Super Lawyer by Washington, D.C. Super Lawyers; and as an Am Law Litigation Daily “Litigator of the Week” for his win in an independent contractor misclassification/wage-and-hour class action. He is a Fellow of the College of Labor & Employment Lawyers.
The practice group Jason co-leads was named by The American Lawyer as the Labor & Employment Litigation Department of the Year in its most recent competition. The American Lawyer noted, “with novel labor and employment issues swirling, Gibson Dunn’s litigators set standards and settle the law,” and that a case “typical for Gibson Dunn’s labor and employment team” is “high-profile,” “cutting-edge,” and “a victory.” The group was also recognized ten times as a Law360 Employment Practice Group of the Year and won The National Law Journal’s D.C. Labor & Employment Litigation Department of the Year competition for the last seven years in a row.
Jason’s practice includes sensitive workplace investigations, high-profile trade secret and non-compete matters, wage-hour and discrimination class actions, Sarbanes-Oxley and other whistleblower protection claims, executive and other significant employment disputes, labor union controversies, and workplace safety litigation.
Recent representative matters include:
Jason has also successfully tried several sensitive whistleblower matters for major national employers, and he prevailed in a precedent-setting Labor Department appeal of one of the first Sarbanes-Oxley whistleblower cases to proceed to trial. He prevailed for Enterprise Rent-A-Car in a case of first impression in which the U.S. Court of Appeals for the Third Circuit created a new joint employer test (the Enterprise test) and affirmed summary judgment for a parent corporation in a series of wage-hour class actions, defeating the plaintiffs’ effort to form a nationwide class (In re Enterprise Rent-A-Car Wage & Hour Employment Practices Litig. (3rd Cir. 2012)). In another case of first impression, he successfully argued in the Utah Supreme Court against the recognition of a tort for spoliation of evidence. In addition, he served as lead trial counsel for a retailer in a highly-publicized OSHA enforcement action relating to crowd control at a day-after-Thanksgiving sale.
Jason also has significant experience in administrative law and rulemakings. He served as counsel to the Fair Labor Standards Reform Coalition, and he played a leading role in preparing comments on behalf of the business community relating to the U.S. Department of Labor’s overtime exemption regulations.
Jason served for many years as the Secretary of the Retail Litigation Center, and he testified before Congress regarding OSHA enforcement programs on behalf of the U.S. Chamber. He frequently speaks and writes on employment law and trade secret related topics. He is the co-author of the treatise Whistleblower Law: A Practitioner’s Guide, published by American Lawyer Media/Law Journal Press, and he previously authored the annual “Trade Secrets Litigation Round-Up” published by Bloomberg BNA.
Jason earned his law degree magna cum laude from Georgetown University Law Center, where he was elected to the Order of the Coif and received the George Brent Mickum III Prize and the Charles A. Keigwin Award for the best academic record in first year courses. From 1995 to 1996, he worked as a Legislative Assistant to Congressman Jon D. Fox. Jason received a B.A. degree in international affairs cum laude in 1994 from The George Washington University.
Jason is admitted to practice in the District of Columbia, Virginia and Maryland, as well as in numerous federal courts. He served for many years as an officer and board member of the Charles E. Smith Jewish Day School, currently serves as a member of the Washington Lawyers Committee of the U.S. Holocaust Memorial Museum, and provides pro bono employment counsel to numerous community organizations.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Senior Fellow, Competitive Enterprise Institute
Joel M. Zinberg, M.D., J.D. is a senior fellow with the Competitive Enterprise Institute. He is a native New Yorker who recently completed two years as General Counsel and Senior Economist at the Council of Economic Advisers in the Executive Office of the President. He practiced general and oncologic surgery in New York for nearly 30 years at the Mount Sinai Hospital and Icahn School of Medicine where he is an Associate Clinical Professor of Surgery. He has been involved with health policy issues and the interaction between law and medicine for his entire career. Dr. Zinberg taught for 10 years at the Columbia University Law School as a Lecturer in Law where he created a course on the legal, policy and ethical issues surrounding organ transplantation. He served for many years on the New York State Board of Professional Medical Conduct and on Mount Sinai's Ethics Committee and Institutional Review Board. He is past President and Trustee of the New York County Medical Society. Between 2015 and 2017 he was a Visiting Scholar at the American Enterprise Institute.
Dr. Zinberg has written for publications as varied as the Journal of the American Medical Association, the Bulletin of the American College of Surgeons, the Wall Street Journal, City Journal and law reviews. He is the author of book chapters on legal and policy issues in organ transplantation.
He received his J.D. degree from the Yale Law School, his M.D. from the Columbia University College of Physicians and Surgeons and his B.A. in economics with High Honors, Phi Beta Kappa, from Swarthmore College.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
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