President and CEO, First Liberty Institute
Kelly Shackelford, Esq., is President and CEO of First Liberty Institute, the largest legal firm in the nation dedicated exclusively to protecting religious freedom for all Americans. He has served in this role since 1997, leading First Liberty’s efforts to defend religious freedom in the courts and in the public arena. Under his leadership, First Liberty’s legal team has participated in cases before the United States Supreme Court, federal courts of appeals, federal district courts and various state courts, where they have won more than 90 percent of their cases.
Shackelford is a constitutional scholar who has argued before the United States Supreme Court, testified before the U.S. House and Senate, and has won a number of landmark First Amendment and religious liberty cases.
He was recently named one of the 25 greatest Texas lawyers of the past quarter-century by Texas Lawyer and is the recipient of the prestigious William Bentley Ball Award for Life and Religious Freedom Defense for pioneering work protecting religious freedom.
Shackelford is a highly sought-after speaker and frequent guest on national news and talk shows including Good Morning America, The Today Show, The O’Reilly Factor, CNN, Fox and Friends, MSNBC, and Hannity. He also has been featured in the National Law Journal, Associated Press, The New York Times, The Washington Times, The Washington Post, and The L.A. Times, and many others.
Shackelford is on the Board of Trustees of the United States Supreme Court Historical Society and earned his law degree from Baylor University.
Senior Fellow, Stand Together Trust
Vikrant Reddy is a senior fellow at Stand Together Trust, specializing in the area of criminal justice reform. Reddy previously served as a senior policy analyst at the Texas Public Policy Foundation (TPPF), where he managed the launch of TPPF’s national Right on Crime initiative in 2010. He has worked as a research assistant at the Cato Institute, as a judicial clerk to the Hon. Gina M. Benavides in Texas, and as an attorney in private practice. He is a member of the State Bar of Texas, and he serves on the Executive Committee of the Criminal Law Practice Group of the Federalist Society. He is also an appointee to the U.S. Commission on Civil Rights Texas State Advisory Committee.
Reddy’s research and scholarly opinions have appeared in a range of national media outlets, including USA Today, National Review, The Federalist, and others.
Reddy earned his law degree from the Southern Methodist University School of Law. He received his undergraduate degree from the University of Texas at Austin.
Director of the Center for Judicial Engagement, Institute for Justice
Anthony Sanders is the Director of the Center for Judicial Engagement (CJE) at the Institute for Justice and a senior attorney. He joined IJ in 2010. As CJE’s director, he educates the public about the proper role of judges in enforcing constitutional limits on the size and scope of government. As a senior attorney he litigates cutting-edge constitutional cases protecting economic liberty, private property, freedom of speech and other individual liberties in both federal and state courts across the country.
One area of Anthony’s expertise is on using state constitutions to protect individual rights. He is the author of the book, published by University of Michigan Press, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters. He has also written several law review articles on state constitutional law, unenumerated rights, judicial review, economic liberty, property rights, international law, and other subjects. His work has appeared in publications such as the Iowa Law Review, Minnesota Law Review, American University Law Review, and Rutgers Law Review, and he has published opinion pieces in leading media outlets across the country. Further, he frequently speaks to various audiences on these matters and others, including judicial engagement, free speech, civil forfeiture, and the continuing importance of Magna Carta. Additionally, he hosts the weekly Short Circuit podcast, which often records live in front of law student audiences.
Anthony has litigated several cases in various state courts on state constitutional protections, as well as in federal courts on matters such as economic liberty, free speech, administrative law, and fines and fees abuse. Prior to joining IJ, Anthony served as a law clerk to Justice W. William Leaphart on the Montana Supreme Court. Anthony also worked for several years in private practice in Chicago where he was an active member of the Chicago Bar Association and chaired its Civil Rights Committee.
Anthony received his law degree cum laude from the University of Minnesota Law School in 2004, where he served as an articles submission editor for the Minnesota Law Review. He received his undergraduate degree from Hamline University in St. Paul, Minnesota, and his master’s degree from the University of Wisconsin-Madison. A dual U.S. and U.K. citizen, Anthony grew up on the islands of Vashon in Washington State, and Alderney in the British Channel Islands.
Partner, Clement & Murphy, PLLC
Paul served as the 43rd Solicitor General of the United States from June 2005 until June 2008. Before his confirmation as Solicitor General, he served as Acting Solicitor General for nearly a year and as Principal Deputy Solicitor General for over three years.
Paul has argued over 100 cases before the United States Supreme Court, including McConnell v. FEC, Tennessee v. Lane, United States v. Booker, MGM v. Grokster, Hobby Lobby v. Burwell, Epic Systems Corp. v. Lewis, Rucho v. Common Cause, Facebook v. Duguid, and TransUnion v. Ramirez. Paul has argued more Supreme Court cases since 2000 than any lawyer in or out of government. He has also argued many important cases in the lower courts, including Walker v. Cheney, United States v. Moussaoui and NFL v. Brady.
Paul’s practice focuses on appellate matters, constitutional litigation and strategic counseling. He represents a broad array of clients in the Supreme Court and in federal and state appellate courts. Last year, for example, he successfully argued Supreme Court cases involving significant issues of energy regulation, statutory interpretation, state sovereign immunity and Article III standing, and successfully argued a trademark appeal in the Fourth Circuit, and a constitutional appeal before the en banc Eleventh Circuit.
Paul focuses on high-stakes appeals. In recent years, he successfully defended a $1.2 billion jury verdict for clients in a Tenth Circuit case, while securing the reversal of an over $2 billion jury verdict for another client in the Seventh Circuit and the approval of a nearly $1 billion dollar class action settlement in the Third Circuit. He has initiated major administrative law challenges and constitutional litigation against the federal government, such as the successful challenge to the HHS drug-pricing rule and threatened challenges that led to the withdrawal of the Treasury Department’s proposed cryptocurrency regulations. He also counsels clients on a variety of strategic legal questions, whether arising from pending legislation, government inquiries or ongoing litigation.
Paul has undertaken substantial pro bono engagements in the Supreme Court, such as twice successfully representing the defendant in Bond v. United States and successfully representing the Omaha Tribe in Nebraska v. Parker, the guardian ad litem in Adoptive Couple v. Baby Girl, the defendant in Sekhar v. United States, a high school football coach in Kennedy v. Bremerton, and the Little Sisters of the Poor. Paul’s pro bono representation also precipitated the federal government’s confession of error in United States v. Rojas.
Following law school, Paul clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. After his clerkships, he went on to serve as Chief Counsel of the U.S. Senate Subcommittee on the Constitution, Federalism and Property Rights.
Paul is a Distinguished Lecturer in Law at the Georgetown University Law Center, where he has taught in various capacities since 1998. He also serves as a Senior Fellow of the Law Center’s Supreme Court Institute. He is the Justice Joseph Story Distinguished Practitioner in Residence at the Gray Center at Scalia Law School.
Partner, Marzulla Law
Roger J. Marzulla is one of the nation’s leading environmental, water, and property lawyers. As Assistant Attorney General in charge of the U.S. Justice Department’s Environment and Natural Resources Division, Roger learned first hand the operations and litigation styles of his client agencies: EPA, Interior Department, Bureau of Reclamation, Fish and Wildlife Service, National Marine Fisheries Service, Department of Transportation, Department of Commerce. In 1997, he co-founded Marzulla Law, where he brings to bear more than 35 years of expertise representing companies and individuals in industries as diverse as land and project development, aerospace, chemicals, oil and gas, mining, timber, manufacturing, computers, agriculture and water service.
Roger began his legal career as a trial lawyer in San Jose, California, after graduating magna cum laude from the University of Santa Clara School of Law. As a partner in Matthews & Marzulla he represented developers, title and construction companies, shopping centers, apartment owners and lenders in litigation throughout California. In 1981 he moved to Denver to become President of Mountain States Legal Foundation, litigating environmental and natural resource cases across the West.
In 1983 Roger joined the Justice Department as Special Litigation Counsel. He was subsequently promoted to Deputy Assistant Attorney General and, in 1987, was confirmed by the Senate as Assistant Attorney General in charge of the Environment and Natural Resources Division. At the Justice Department, Roger helped create litigation strategies for government programs as diverse as Superfund, the Clean Air Act, off-shore oil leasing, environmental crimes, federal facility clean-up, wetlands, endangered species and hazardous waste enforcement, as well as Presidential Order EO 12,630 (Government Interference with Private Property Rights).
In 1989 Roger returned to private law practice, successively heading the environmental law practices of the Powell, Goldstein and Akin, Gump law firms.
Since 1997, as a partner in Marzulla Law, Roger has continued to represent corporate and business clients in a wide array of environmental and property issues in courts across the country, frequently in litigation against the United States. He also assists clients in attaining compliance with environmental, health and safety regulation, and in avoiding risks in transactions.
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Professor of Law, Widener University Commonwealth Law School
Acting Assistant Commissioner of Customs and Border Protection, Office of Professional Responsibility, U.S. Department of Homeland Security
Brian M. Fish is currently the Senior Advisor to the General Counsel at the Department of Homeland Security where he works on immigration and law enforcement issues. Previously, he was a trial attorney with the United States Immigration and Customs Enforcement, where he represented the Department of Homeland Security in removal hearings before the U.S. Immigration Court. Additionally, he was a Special Assistant United States Attorney and a Baltimore City homicide prosecutor. He is a member of the Federalist Society's Criminal Law & Procedure Practice Group Executive Committee and the President of its Baltimore Lawyers Chapter. He earned his B.A. from LaSalle University in 1992 and his J.D. from Loyola University New Orleans School of Law in 1998.
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.
Sterling Professor Emeritus of Law, Yale Law School
Mirjan Damaška is Sterling Professor Emeritus of Law at Yale Law School. He teaches and writes in the fields of comparative and foreign law, procedural law, evidence, international criminal law, and continental legal history.
He is the author of six books, among which The Faces of Justice and Evidence Law Adrift were translated into several languages. He has published more than 100 articles in professional journals of numerous countries.
He received his basic law degree at the University of Zagreb in his native Croatia. He then studied at the Academy of International Law at The Hague, and the Comparative Law Faculty in Luxembourg. He earned his Ph.D. at the University of Ljubljana (Slovenia). Following time spent practicing in the courts of former Yugoslavia, he began his teaching career at the University of Zagreb Law School, rising quickly to the rank of full professor, and briefly serving as Acting Dean. In 1971, he left his native land, and accepted a tenured position at the University of Pennsylvania Law School. Since 1976, he has been on the faculty of Yale Law School.
Damaška is a fellow of the American Academy of Arts and Sciences, a member of the International Academy of Comparative Law, the Croatian Academy of Arts and Sciences, and the American Society of Comparative Law. In 1978-79, he was fellow of the National Endowment for the Humanities. He is also holder of several honorary degrees.
He was keynote speaker and general reporter at many international congresses. Five symposia were organized about his work: Bielefeld (Germany) in 1987; Siena (Italy) in 1988; San Francisco in 1998; Zagreb (Croatia) in 2006; and New Haven in 2008. From 1990 to 1995, he served on the Advisory Board of the Central and East European Legal Initiative of ABA. Since 1995, he has periodically advised the Croatian government in its relations with the International War Crimes Tribunal for the Former Yugoslavia, and the International Court of Justice in The Hague.
In 2005, he was appointed Amicus Curiae of the International War Crimes Tribunal for the Former Yugoslavia in the matter of transferring cases to domestic courts. In 2009, he was presented the lifetime achievement award by the American Society of Comparative Law. In 2014, he was awarded the Life Achievement award by Jadranko Crnic Foundation, Croatia. He does counseling work on foreign law problems for law firms in New York, Los Angeles, and Washington.
In 2010 he was appointed special adviser to the Prime Minister of Croatia, and agent of the Republic of Croatia before the International Court of Justice, heading a team of Croatian and English lawyers in the case of Croatia v. Serbia.
Two books of essays have been published in his honor: Jackson, Langer, & Tillers (eds.), "Crime, Procedure, and Evidence: Essays in honor of Mirjan Damaška (Oxford 2008), and Ackerman, Ambos, Sikiric (eds.), "Visions of Justice, Liber Amicorum Mirjan Damaška" (Berlin 2016).
Professor of Comparative Constitutional Law, European University Institute
Since September 2016 Gábor Halmai, professor of law, is the chair of Comparative Constitutional Law at the European University Institute in Florence. Since January 2018 he is the Director of Graduate Studies at the Law Department. His primary research interests are comparative constitutional law, and international human rights. He has published several books and articles, as well as edited volumes on these topics in English, German and Hungarian. He is joining the EUI after a teaching and research career (at the Eötvös Loránd University in Hungary, the Princeton University in the USA, the the European Masters Program in Human Rights and Democratization in Italy) as well as years of professional career as chief advisor to the President of the Hungarian Constitutional Court, member of the EU Fundamental Rights Agency’s Management Board and numerous other civic activities.
Prior to joining to EUI Professor Halmai has worked on various research projects at the IWM in Vienna and the Woodrow Wilson School of Princeton University: Backsliding of liberal democracies within the European Union, with special focus on the development of constitutionalism and human rights in Hungary since its democratic transition in 1989-1990 till now; Models of state-church relations and religious freedom; Constitutionalism and transitional justice in Central and Eastern Europe. His most recent book, „Perspectives on Global Constitutionalism” deals with the use of foreign and international law by domestic courts (published by Eleven International Publishing in 2014). In addition to research, Professor Halmai has also been teaching and supervising students in Budapest, Princeton and Florence on the subjects of comparative constitutional law and human rights, as well as on rule of law.
Besides his academic work he was member of the EU Fundamental Rights Agency’s Management Board based in Vienna, Austria (2007-2010), the national director of the European Masters Program in Human Rights and Democratization in Venice, Italy (2003-2013), vice-chair of the Hungarian National Election Commission (2006-2010; chief counsellor to the President of the Hungarian Constitutional Court (1990-1996).
Gábor Halmai is founder and editor-in-chief of Fundamentum, the Hungarian human right quarterly, and Member of the Scientific Advisory Board of the European Yearbook on Human Rights, the Review of Constitutionalism and Constitutional Change (RC3), and the This Century’s Review.
Assistant Professor, University of Ústí nad Labem
Daniel Kroupa is a Czech politician and philosopher, dissident, signatory of Charter 77, President of the Civic Democratic Alliance (ODA) from 1998 to 2001, former MP, Euro MP and senator. After the Velvet Revolution, he taught political philosophy at several faculties of Charles University in Prague. From 2005 to 2015, he was the Head of the Department of Political Science and Philosophy of the Faculty of Arts, University of Ústí nad Labem. Since 2015 he has been an assistant professor at this department.
Philosopher, Journalist, Novelist, and Diplomat
Michael John Novak Jr. (1933–2017) was an American Roman Catholic philosopher, journalist, novelist, and diplomat. The author of more than forty books on the philosophy and theology of culture, Novak is most widely known for his book The Spirit of Democratic Capitalism (1982). In 1993 Novak was honored with an honorary doctorate at Universidad Francisco Marroquín due to his commitment to the idea of liberty. In 1994 he was awarded the Templeton Prize for Progress in Religion, which included a million-dollar purse awarded at Buckingham Palace. He wrote books and articles focused on capitalism, religion, and the politics of democratization.
Former Judge, United States Court of Appeals, Fifth Circuit
Alvin Benjamin Rubin's long and storied tenure as a federal judge began with a nomination by President Lyndon B. Johnson in 1966 and ended in 1991 at his death.
Judge Rubin was born in Alexandria, Louisiana, in 1920, and received a B.S. from Louisiana State University in 1941. He started at Louisiana State University Law School in 1940. When World War II broke out, he enlisted in the U.S. Army, was assigned to General Patton's "Big Red 1," and served in the European Theatre of Operations in England, France, Belgium, and Germany, rising to the rank of Captain and serving as an Assistant Judge Advocate. After the war ended, he married Janice Ginsberg, also from Alexandria, and returned to Baton Rouge for law school in an accelerated post-war program for returning war veterans. He graduated first in his law school class in 1942 and was Editor-in-Chief of the Louisiana Law Review.
After his graduation, he began practicing law in Baton Rouge with J.Y. Sanders and Ben Miller, Sr., and after several years the firm of Sanders, Miller, Downing, Rubin and Kean was formed. Judge Rubin specialized in tax law, corporate transactions, and trust and estates law. He also was an arbitrator and mediator.
Soon after he started practice in 1942, the illness of a faculty member at the LSU Law School propelled Judge Rubin back into the classroom as a professor. Judge Rubin taught a variety of subjects continuously at the Law School until 1989, including Admiralty, Civil Code, Ethics, Negotiations, Constitutional Law, Federal Procedure, State and Local Tax Law, Federal Tax Law, Law Office Practice, and many others. Judge Rubin's love of teaching and of student interaction was particularly meaningful to him, and throughout his life Judge Rubin was invited to teach and lecture at schools around the world, including Harvard, Yale, Notre Dame, University of Pennsylvania, Cornell, University of Miami, University of Georgia, University of Texas, Tulane, and Duke. He also traveled to give presentations throughout Europe. Because of his expertise in civil law, during the Vietnam War, Judge Rubin was asked by the State Department to travel to South Vietnam and assist in drafting the constitution for South Vietnam. He also served as a moderator for the Aspen Institute and for many programs for the American Bar Association.
In 1963, Judge Rubin and Dean Henry George McMahon co-authored Louisiana Pleadings and Judicial Forms Annotated. For over 20 years, Judge Rubin continued the annual updates for this vital resource used by Louisiana attorneys. Before 1960, Louisiana civil law prohibited the establishment of Trusts. Judge Rubin was instrumental in the creation of a Trust Code for Louisiana, which was adopted by the Louisiana Legislature in 1960. In 1966 he and his wife, Janice, co-authored the Louisiana Trust Handbook, and later, he wrote Louisiana Wills and Trust: A Drafting System (with Professor Gerald LeVan). Judge Rubin's list of law review and journal articles spans many pages. Two of his most prominent works are "A Causerie on Lawyer's Ethics" and "Hazards of a Civilian Venturer in Federal Court: Travel and Travail on the Erie Railroad" (both in the Louisiana Law Review).
He then practiced law until 1966 when President Johnson nominated him to a new seat on the United States District Court for the Eastern District of Louisiana created by 80 Stat. 75. Judge Rubin served at an important time in the Court's history, hearing many of the desegregation and civil rights cases in the 1960s. He served as Chief Judge of the District and wrote and implemented the first comprehensive written pre-trial procedure rules for the District. He served on and chaired many committees for the Judicial Conference and co-wrote the first law clerk handbook for the federal system. Judge Rubin kept long hours and was often in his Chambers early. He always took home briefs to read and drafts of opinions to edit, keeping two secretaries busy at all times.
After eleven years as a judge on the federal district court, Judge Rubin was nominated in 1977 by President Jimmy Carter to fill a seat on the United States Court of Appeals for the Fifth Circuit vacated by John Minor Wisdom. Judge Rubin assumed senior status on July 1, 1989, and served in that capacity until his death in 1991 in Baton Rouge, Louisiana. In his memory, the Louisiana Law Review published a special edition (Vol. 52, 1992) dedicated solely to his life and work, including articles and remembrances by his wife, Justice Byron White, Judge John Minor Wisdom, Judge Charles Clark, Judge Fred Cassibry, Judge Henry Politz, and many others.
Judge Rubin wrote more than 700 important (and sometimes humorous) opinions during his time as a federal judge. His rulings included ones that ended Louisiana's exemption of women from juries, applied the Voting Rights Act to local elections, and upheld the rights of government employees to criticize their superiors and to organize unions. Judge Rubin's interests spanned poetry, drama, history, art, the classics, and music of all types. He enjoyed writing Gilbert-and-Sullivan-ish parodies concerning legal matters and performing them for students, clerks, lawyers, at judicial seminars, and even for United States Supreme Court Justices.
The judicial activity that Judge Rubin reportedly most enjoyed was conducting naturalization ceremonies in open court. Judge Rubin spoke not as a jurist but as the son of immigrants from Eastern Europe whose parents had lost many relatives to war and hatred. He spoke movingly of his parents, their courage, and their determination to give their children the education and opportunities they had never had. Judge Rubin always emphasized that those citizens, new though they were, had equal rights. They could vote. They could develop their own talents and those of their children. They were entitled to occupy as well as to stand before the bench of justice.
Judge Rubin also enjoyed the close friendship of his many law clerks (serving as officiant of at least one wedding) and was an avid tennis player and jogger, often enlisting law clerks and young lawyers as his tennis or running partner.
Judge Rubin was the first member of the LSU Law Center Hall of Alumni Distinction, and was the First Alumni Member of the LSU Phi Beta Kappa Chapter. He was awarded the Louisiana ACLU Award for his civil rights work and was active in the National Conference of Christians and Jews and his synagogue in Baton Rouge.
Judge John Minor Wisdom wrote that "Alvin Rubin was born to be a judge, a great judge. His intellect, scholarship, and judicial leadership place him in a select group. In recent years, some of this small group graced the Supreme Court: Holmes, Brandeis, and Cardozo. These judges would have welcomed him on equal intellectual terms and as a kindred spirit."
The New Orleans Chapter of the Federal Bar Association hosts an annual symposium in Judge Rubin's honor. The symposium is an annual discussion on aspects of federal law or practice as a living memorial to Judge Rubin's contribution to federal jurisprudence and legal scholarship. The symposium is well attended by his family, friends, former clerks, and lawyers.
Judge Rubin's wife, Janice, best summed him up. "[His] friends spanned continents and age barriers . . . . [He] was the jurist he was because he was the man the boy became, a man who remembered Biblical injunctions about relationships and courage, about discipline and standards, about justice and mercy and integrity, a man whose goal on the bench was the oath taken by judges on the Isle of Man: 'You shall do justice between cause and cause as equally as the backbone of the herring doth lie midmost of the fish.' "
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