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Federalist Society

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May 13 2014
Tuesday 5:15 p.m. EDT    

Keynote Remarks by Senator Sheldon Whitehouse

Criminal Law and the Administrative State

Washington, DC
Speakers:
Caroline Fredrickson • Sheldon Whitehouse
Topics:
Administrative Law & Regulation • Criminal Law & Procedure • Separation of Powers • Federalism & Separation of Powers
Sponsors:
Criminal Law & Procedure Practice Group
  • In-Person Event
May 13 2014
Tuesday 5:00 p.m. EDT    

Executive (In)action in the Obama Administration:

The Philadelphia Lawyers Chapter

Philadelphia, PA
Speakers:
Mark Rahdert • Tuan Samahon
Sponsors:
Philadelphia Lawyer Chapter
  • In-Person Event
May 13 2014
Tuesday 4:00 p.m. EDT    

Panel II: Agency Enforcement and Prosecution of Regulatory Crimes

Criminal Law and the Administrative State

Washington, DC
Speakers:
Kate Andrias • Matthew S. Axelrod • Richard Bierschbach • James R. Copland • Rena I. Steinzor
Topics:
Administrative Law & Regulation • Criminal Law & Procedure • Separation of Powers • Federalism & Separation of Powers
Sponsors:
Criminal Law & Procedure Practice Group
  • In-Person Event
May 13 2014
Tuesday 3:30 p.m. EDT    

Keynote Remarks by Senator Mike Lee

Criminal Law and the Administrative State

Washington, DC
Speakers:
Mike S. Lee • William N. Shepherd
Topics:
Administrative Law & Regulation • Criminal Law & Procedure • Separation of Powers • Federalism & Separation of Powers
Sponsors:
Criminal Law & Procedure Practice Group
  • In-Person Event
May 13 2014
Tuesday 2:00 p.m. EDT    

Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes

Administrative Conference of the United States co-sponsored by The Federalist Society

Washington, DC
Topics:
Administrative Law & Regulation • Separation of Powers • Federalism & Separation of Powers • Criminal Law & Procedure
Sponsors:
Criminal Law & Procedure Practice Group
  • In-Person Event
May 13 2014
Tuesday 2:00 p.m. EDT    

Introduction & Panel I: Defining Regulatory Crimes

Criminal Law and the Administrative State

Washington, DC
Speakers:
Ronald A. Cass • Susan R. Klein • John G. Malcolm • Lee Liberman Otis • Daniel Richman • George J. Terwilliger • Matthew Lee Wiener
Topics:
Administrative Law & Regulation • Criminal Law & Procedure • Separation of Powers • Federalism & Separation of Powers
Sponsors:
Criminal Law & Procedure Practice Group
  • In-Person Event
May 9 2014
Friday 2:00 p.m. EDT    

Bitcoin: Commerce, Government and Security

International & National Security Law Practice Group Teleforum

Teleforum
Speakers:
Jim Harper • Chip Poncy • Vincent Vitkowsky
Topics:
Telecommunications & Electronic Media • Civil Rights • International & National Security Law • Corporations, Securities & Antitrust
Sponsors:
International & National Security Law Practice Group
May 7 2014
Wednesday 2:15 p.m. EDT    

Keynote Address by Ted Cruz

Second Annual Executive Branch Review Conference

Washington, DC
Speakers:
Ted Cruz • Leonard A. Leo
Topics:
Administrative Law & Regulation • Federalism • Separation of Powers • Federalism & Separation of Powers • The Practice Groups
Sponsors:
Administrative Law & Regulation Practice Group • Federalism & Separation of Powers Practice Group
  • In-Person Event
May 7 2014
Wednesday 12:30 p.m. EDT    

Luncheon Panel: Executive Power and the Role of the Coordinate Branches

Second Annual Executive Branch Review Conference

Washington, DC
Speakers:
Charles J. Cooper • William N. Eskridge • David M. McIntosh • Neomi Rao
Topics:
Administrative Law & Regulation • Federal Courts • Separation of Powers • Supreme Court • Federalism & Separation of Powers
Sponsors:
Administrative Law & Regulation Practice Group • Federalism & Separation of Powers Practice Group
  • In-Person Event
May 7 2014
Wednesday 11:30 a.m.    

An Update on the Legal Challenges to the Affordable Care Act

Speakers:
Josh Blackman
Sponsors:
Orange County Lawyer Chapter
  • In-Person Event
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Speaker Information
Caroline Fredrickson

Caroline Fredrickson

President, American Constitution Society for Law and Policy

Biography

Caroline Fredrickson joined ACS in 2009 and serves as president. She oversees the group and provides a steady hand of leadership to the nation’s leading progressive legal organization.

During her tenure, Caroline has helped grow ACS, which now has more than 40 lawyer chapters across the country, student chapters in nearly every law school in the United States, and thousands of members throughout the nation. She is an eloquent spokesperson for ACS and the progressive movement on issues such as civil and human rights, judicial nominations and the importance of the courts in America, marriage equality, voting rights, the role of money in politics, labor law, anti-discrimination efforts, and so much more.

She has been widely published on a wide range of legal and constitutional issues and is a frequent guest on television and radio shows, including a notable and well-covered appearance on Fox News’ The O’Reilly Factor in 2012 defending the constitutionality of the Affordable Care Act.

Before joining ACS, Caroline served as the director of the ACLU’s Washington legislative office and as general counsel and legal director of NARAL Pro-Choice America. In addition, Caroline was chief of staff to Sen. Maria Cantwell and deputy chief of staff to then-Senate Democratic Leader Tom Daschle. During the Clinton administration, she served as special assistant to the president for legislative affairs.

Caroline graduated summa cum laude from Yale University with a Bachelor of Arts in Russian and East European Studies in 1986 and from Columbia University School of Law with a J.D. in 1992. In law school, she was a Harlan Fiske Stone scholar, served on the Columbia Law Review and co-founded the Columbia Journal of Gender and Law. Following law school she clerked for James L. Oakes of the United States Court of Appeals for the Second Circuit. She currently is a member of Law Students for Reproductive Justice's Advisory Board.



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Sheldon Whitehouse

Sheldon Whitehouse

United States Senator, Rhode Island

Biography

A graduate of Yale University and the University of Virginia School of Law, Sheldon served as Rhode Island’s Director of Business Regulation under Governor Sundlun before being recommended by Senator Pell and nominated by President Bill Clinton to be Rhode Island’s United States Attorney in 1994.  He was elected Attorney General of Rhode Island in 1998, a position in which he served until 2003.  On November 7, 2006, Rhode Islanders elected Sheldon to the United States Senate, where he is a member of the Budget Committee; the Environment and Public Works Committee (EPW); the Judiciary Committee; the Health, Education, Labor, and Pensions Committee; and the Special Committee on Aging.  He is the chairman of the Judiciary Subcommittee on Crime and Terrorism and of the EPW Subcommittee on Oversight.  

He and his wife Sandra, a marine biologist and environmental advocate, live in Newport.  They have two children.



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Mark Rahdert

Temple University James E. Beasley School of Law

Biography


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Tuan Samahon

Tuan Samahon

Professor of Law, Villanova University Charles Widger School of Law

Biography

Tuan Samahon teaches and writes in the areas of federal courts and constitutional law. His articles have been published in the Stanford Law Review, Ohio State Law Journal, Hastings Law Journal, William & Mary Bill of Rights Journal, University of Chicago Legal Forum, Denver Law Review, and Villanova Law Review, among others.

Beyond his scholarship, Tuan is engaged in interpreting and fashioning federal constitutional law. He has testified before the U.S. Senate Judiciary Committee, Subcommittee on the Constitution, and has served as counsel in separation-of-powers and Freedom of Information Act litigation in federal trial and appellate courts. Recently, Tuan prevailed against the CIA in a civil action for the release of the draft fifth volume of its secret history of the 1961 Bay of Pigs operation. In addition to representing others, for a book he is researching, Tuan successfully sued the FBI for the release of agency records detailing high-ranking executive and judicial officers' abuses of power. 

Tuan received his B.A. from Brigham Young University and his J.D. from Georgetown University Law Center, where he was an Olin Law and Economics Research Fellow and was co-awarded the Olin Prize in Law and Economics. Prior to entering teaching, he clerked for U.S. District Judge Raymond A. Jackson on the Eastern District of Virginia and for U.S. Circuit Judge Jay S. Bybee on the Ninth Circuit. He also practiced in the Washington, D.C. office of Covington & Burling. Professor Samahon was named "Professor of the Year" by his students at the University of Nevada, Las Vegas. He teaches civil procedure, federal courts, and constitutional law subjects.

During spring 2017, Tuan served as a Fulbright scholar with the law faculty at the University of Zagreb, Croatia.

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Speaker Information
Kate Andrias

Kate Andrias

Assistant Professor of Law, University of Michigan Law School

Biography

Prof. Kate Andrias teaches and writes in the areas of constitutional and administrative law, labor law, and the law of democracy. Prof. Andrias previously served as Special Assistant and Associate Counsel to the President of the United States, and as Chief of Staff of the White House Counsel's Office. While in the White House, she focused on constitutional and administrative law issues and on domestic policy, including labor and immigration. Prior to joining the Obama Administration, Prof. Andrias was an attorney in the Washington, D.C., office of Perkins Coie LLP, where she practiced in the political law and appellate litigation groups. In addition, she clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court and Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit, and taught American Constitutional Law as a visiting professor at L'Institut d'Études Politiques (Sciences Po) in Paris. Prof. Andrias graduated from Yale Law School, where she served on the Yale Law Journal and as a Coker Fellow. Prior to law school, Prof. Andrias worked as a union organizer.



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Matthew S. Axelrod

Matthew S. Axelrod

Partner, Cohen Milstein Sellers & Toll PLLC

Biography

Matt Axelrod, a Partner at the Firm, joined Cohen Milstein at the beginning of 2014.  His practice is focused on holding entities accountable for corporate malfeasance and spans a number of the Firm’s practice groups, including the Antitrust Group, the Whistleblower/False Claims Act Group, and the Public Client Group.  He is one of the firm’s senior trial lawyers, having tried nearly twenty cases to verdict in federal court.

Prior to joining the firm, Mr. Axelrod worked for more than a decade at the United States Department of Justice (“DOJ”), where he served as both a federal prosecutor in Miami and then as one of DOJ’s highest-ranking career officials in Washington, D.C.

From March 2011 until December 2013, Mr. Axelrod served as Associate Deputy Attorney General in the Office of the Deputy Attorney General, where he advised the Deputy Attorney General and Attorney General on DOJ’s most significant white collar criminal matters and False Claims Act investigations, and oversaw the work of DOJ’s Criminal Division, Tax Division, FBI, ATF, and U.S. Attorneys’ Offices.   He was also responsible for managing DOJ’s efforts to combat healthcare fraud, and served as DOJ’s primary liaison to the U.S. Department of Health and Human Services on healthcare fraud matters.



  • Yale University JD, 1997
  • Amherst College BA, 1992
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Richard Bierschbach

Richard Bierschbach

Professor of Law, Benjamin N. Cardozo School of Law

Biography

Professor Bierschbach's scholarship focuses on the procedural and institutional structure of criminal justice and its relationship to the substantive and regulatory concerns of the criminal law. He teaches courses in administrative law, corporations, and criminal law, and his work often touches on points of overlap between those fields. His articles have been published in a number of top law reviews, including the flagship journals of Yale, Pennsylvania, Minnesota, Michigan, Georgetown, and Virginia.

Before joining Cardozo's full-time faculty in 2005, Professor Bierschbach served as a Bristow Fellow in the U.S. Department of Justice's Office of the Solicitor General, an Attorney-Advisor in its Office of Legal Counsel, and a law clerk to D.C. Circuit Judge A. Raymond Randolph and U.S. Supreme Court Justice Sandra Day O'Connor. He has also done multiple stints in private practice and has held various leadership roles in the ABA's Criminal Justice and Administrative Law & Regulatory Practice Sections. 

He received his J.D. from the University of Michigan Law School, where he was an articles editor of the Michigan Law Review and the winner of both the Daniel H. Grady Prize (for graduating first in his class) and the Henry M. Bates Award (the law school’s highest honor).

Cardozo students voted Professor Bierschbach "best professor" in 2013.



  • B.A. 1994; J.D. 1997, University of Michigan
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James R. Copland

James R. Copland

Director, Center for Legal Policy, Manhattan Institute for Policy Research

Biography

James R. Copland is a senior fellow at the Manhattan Institute and director of Legal Policy. In those roles, he develops and communicates novel, sound ideas on how to improve America’s civil- and criminal-justice systems. His forthcoming book, The Unelected: How an Unaccountable Elite is Governing America (Encounter Books) will be released on September 8, 2020. He has testified before Congress as well as state and municipal legislatures; and has authored many policy briefs, book chapters, articles and opinion pieces in a variety of publications, including the Harvard Business Law Review and Yale Journal on Regulation, the Wall Street Journal, National Law Journal, and USA Today. Copland speaks regularly on civil- and criminal-justice issues; has made hundreds of media appearances in such outlets as PBS, Fox News, MSNBC, CNBC, Fox Business, Bloomberg, C-Span, and NPR; and is frequently cited in news articles in the New York Times, Washington Post, The Economist, and Forbes. In 2011 and 2012, he was named to the National Association of Corporate Directors “Directorship 100” list, which designates the individuals most influential over U.S. corporate governance.

Prior to joining MI, Copland was a management consultant with McKinsey and Company in New York. Earlier, he was a law clerk for Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. Copland has been a director of two privately held manufacturing companies since 1997 and has served on many public and nonprofit boards. He holds a J.D. and an M.B.A. from Yale, where he was an Olin Fellow in Law and Economics; an M.Sc. in the politics of the world economy from the London School of Economics; and a B.A. in economics from the University of North Carolina at Chapel Hill, where he was a Morehead Scholar.

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Rena I. Steinzor

Rena I. Steinzor

University of Maryland School of Law and President, Center for Progressive Reform

Biography

Rena Steinzor is a Professor at the University of Maryland School of Law and teaches an environmental survey course, as well as offerings in risk assessment, critical issues in law and science, legal methods, contracts, and an introduction to the administrative system. During the course of her academic career, Professor Steinzor has written extensively on efforts to reinvent environmental regulation in the United States, the use and misuse of science in environmental policy making, and the devolution of legal and administrative authority to the states.

Professor Steinzor edited the book A New Progressive Agenda for Public Health and the Environment (Carolina Academic Press 2005) with Professor Christopher Schroeder of the Duke Law School.  The book proposes an alternative set of values and principles that should guide efforts to reform environmental law.  She worked with Professor Wendy Wagner of the University of Texas School of Law, to edit a book of essays by prominent academics entitled Rescuing Science from Politics (Cambridge University Press, 2005) writing an introduction and conclusion summarizing the issues and recommendations suggested by the book.  Professor Steinzor's book entitled Mother Earth and Uncle Sam: How Pollution and Hollow Government Hurt Our Kids was published by the University of Texas Press in the fall of 2007.

Professor Steinzor is the president of the Center for Progressive Reform (CPR) (http://www.progressivereform.org/), a think tank comprised of some 52 member scholars from universities across the United States. CPR is committed to developing and sharing knowledge and information, with the ultimate aim of preserving the fundamental value of the life and health of human beings and the natural environment. One component of CPR's mission is to circulate academic papers, studies, and other analyses that promote public policy based on the multiple social values that motivated the enactment of our nation's health, safety and environmental laws. CPR seeks to inform the public about scholarship that envisions government as an arena where members of society choose and preserve their collective values. CPR rejects the idea that government's only function is to increase the economic efficiency of private markets.

Before joining the law school faculty, Professor Steinzor was the partner in charge of the environmental practice at Spiegel & McDiarmid, a Washington D.C. Law firm specializing in the representation of state and local government entities in the energy and environmental areas. Prior to joining the firm, Professor Steinzor was counsel to the Subcommittee on Commerce, Transportation & Tourism of the House Energy & Commerce Committee, which was then chaired by James J. Florio (D-N.J.). She advised the Subcommittee during its consideration of the Superfund Amendments and Reauthorization Act of 1986 and the Asbestos Hazard Emergency Response Act of 1986. She also served as an attorney advisor to Commissioner Patricia P. Bailey of the Federal Trade Commission and worked as a consumer protection attorney at the FTC in various staff positions.



  • BA, 1971, University of Wisconsin
  • JD, 1976, Columbia University
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Mike S. Lee

Mike S. Lee

United States Senator, Utah

Biography

Elected in 2010 as Utah's 16th Senator, Mike Lee has spent his career defending the basic liberties of Americans and Utahns as a tireless advocate for our founding constitutional principles.

Senator Lee acquired a deep respect for the Constitution early on. His father, Rex Lee, who served as the Solicitor General under President Ronald Reagan, would often discuss varied aspects of judicial and constitutional doctrine around the kitchen table, from Due Process to the uses of Executive Plenary Power. He attended most of his father's arguments before the U.S. Supreme Court, giving him a unique, hands-on experience and understanding of government up close.

Lee graduated from Brigham Young University with a Bachelor of Science in Political Science, and served as BYU's Student Body President in his senior year. He graduated from BYU's Law School in 1997 and went on to serve as law clerk to Judge Dee Benson of the U.S. District Court for the District of Utah, and then with future Supreme Court Justice Judge Samuel A. Alito, Jr. on the U.S. Court of Appeals for the Third Circuit.

Lee spent several years as an attorney with the law firm Sidley & Austin specializing in appellate and Supreme Court litigation, and then served as an Assistant U.S. Attorney in Salt Lake City arguing cases before the U.S. Court of Appeals for the Tenth Circuit.

Lee served the state of Utah as Governor Jon Huntsman's General Counsel and was later honored to reunite with Justice Alito, now on the Supreme Court, for a one-year clerkship. He returned to private practice in 2007.

Throughout his career, Lee earned a reputation as an outstanding practitioner of the law based on his sound judgment, abilities in the courtroom, and thorough understanding of the Constitution.

Today, Lee fights to preserve America's proud founding document in the United States Senate. He advocates efforts to support constitutionally limited government, fiscal responsibility, individual liberty, and economic prosperity.

Lee is a member of the Judiciary Committee, and serves as Chairman of the Antitrust, Competition Policy and Consumer Rights Subcommittee protecting business competition and personal freedom.

He also oversees issues critical to Utah as the Chairman of the Water and Power Subcommittee of the Energy and Natural Resources Committee. He serves on the Commerce Committee and the Joint Economic Committee, as well.

In the 114th Congress, Lee also began his tenure as Chairman of the Senate Steering Committee, where he works with his Republican colleagues in the Senate to introduce bold and innovative solutions to issues facing the American people.

Lee and his wife Sharon live in Alpine, Utah, with their three children. He is a member of The Church of Jesus Christ of Latter-day Saints and served a two-year mission for the Church in the Texas Rio Grande Valley.

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William N. Shepherd

William N. Shepherd

Partner, Holland & Knight

Biography

William Shepherd is a trial lawyer in Holland & Knight's West Palm Beach and Washington, D.C., offices. Mr. Shepherd, who also serves as executive partner of the firm's West Palm Beach office, represents clients involved in civil and criminal government investigations. He also assists the general counsel of public and private companies in conducting sensitive internal investigations and compliance matters. In addition to his enforcement practice, Mr. Shepherd handles complex civil litigation in related subject matters. Prior to joining the firm, Mr. Shepherd served, at the appointment of the attorney general, as the statewide prosecutor of Florida and earlier in his career, as a prosecutor in Miami, Florida.

Chambers USA – America's Leading Business Lawyers guide has recognized Mr. Shepherd since 2013 for Litigation: White Collar Crime & Government Investigations.

  • In the 2013 guide, Mr. Shepherd was described as "first and foremost he has great judgment and a far greater sense of the bigger picture. He is not drawn in to unnecessary conflicts or fights if they do not serve the client."
  • In the 2018 guide, "One hugely impressed client attests: 'Bill is among the very best lawyers with whom I have ever worked and I would strongly recommend him for any matter, even the most complex and challenging from legal, practical and public perspectives.'"

Mr. Shepherd was elected to serve as chair of the 20,000 member Criminal Justice Section of the American Bar Association and served as a member of its Global Anti-Corruption Task Force and as division director of its White Collar Crime Division.

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Ronald A. Cass

Ronald A. Cass

President, Cass & Associates, PC

Biography

Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.

As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.

In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.

Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.

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Susan R. Klein

Susan R. Klein

Alice McKean Young Regents Chair in Law, The University of Texas School of Law at Austin

Biography

Susan Riva Klein, the Alice McKean Young Regents Chair in Law at the University of Texas, is a nationally prominent scholar in the fields of criminal procedure, federal criminal law, and prosecutorial ethics. Her many articles have appeared in the University of Pennsylvania Law Review, the Michigan Law Review, the California Law Review, the Supreme Court Review, the Stanford Law Review, and many other top ten journals, and have been cited recently by the United States Supreme Court. She is active in educating state and federal judges, Chief Reporter for committee to redraft the "Fifth Circuit Pattern Jury Instruction, Criminal" (West 2001, and West 2013), and currently serves on the State Bar of Texas standing committee on Pattern Jury Charges - Criminal. The first four volumes of Texas Criminal Pattern Jury Charges, "Intoxication and Controlled Substances," “Crimes Committed Against Persons”, “Property Offenses” and “Property Defenses”were published by the State Bar of Texas in 2009 through 2013. She is currently co-author of Abrams, Beale, and Klein, "Federal Criminal Law and Its Enforcement" (West 2009). She serves on the members consultative group of the American Law Institute's Model Penal Code, Sentencing. Upon graduation from Boalt Hall School of Law, she clerked for Judge Cynthia H. Hall on the Ninth Circuit Court of Appeals and spent four years as a federal criminal prosecutor with the United States Department of Justice through the Attorney General's Honor Program.



  • JD University of California-Berkeley
  • BA Wellesley College
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John G. Malcolm

John G. Malcolm

Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom

Biography

John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.

Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.

Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.

From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.

A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.

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Lee Liberman Otis

Lee Liberman Otis

Executive Vice President and Senior Counselor to the President, The Federalist Society for Law and Public Policy Studies

Biography

B.A., Yale; J.D., University of Chicago. Lee Liberman Otis is the Executive Vice President and Senior Counselor to the President at the Federalist Society. She also serves as a member of the American Law Institute (ALI), a senior fellow of the Administrative Conference (ACUS), and as the co-chair of the National Constitution Center's Coalition of Freedom Advisory Board. She previously was a special assistant and an Associate Deputy Attorney General at the U.S. Department of Justice, General Counsel of the Department of Energy, an associate in the appellate section of Jones, Day, Reavis & Pogue, an associate counsel to President George H.W. Bush, and a law clerk to Associate Justice Antonin Scalia. She also served as an assistant professor of law at George Mason, where she taught legislation, federal jurisdiction, constitutional law, civil procedure, and appellate advocacy. Ms. Otis has been an important member of the Federalist Society team since the organization’s beginnings. Together with David McIntosh, she led the effort to start what became the Chicago chapter of the Society. She also helped organize the Society’s first conference at Yale, its second conference at Chicago, and its first Lawyers Division chapter in Washington DC, as well as the effort to incorporate the Society, recruit its permanent staff, and obtain its early funding. She was a Founding Director of the Federalist Society.

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Daniel Richman

Daniel Richman

Paul J. Kellner Professor of Law, Columbia Law School

Biography

Law Clerk, Chief Judge Wilfred Feinberg, Second Circuit Court of Appeals, 1984-1985; Law Clerk, Justice Thurgood Marshall, Supreme Court of the United States, 1985-1986; Associate, Patterson, Belknap, Webb & Tyler, 1986-1987; Chief Appellate Attorney and Assistant United States Attorney, Southern District of New York, 1987-1992.

Joined Fordham University School of Law in 1992, tenured in 1998, promoted to full professor in 2000 and named the Brendan Moore Professor in Advocacy in 2006; Visiting Associate Professor of Law, University of Virginia, 1996-1997; and Visiting Professor, Columbia University School of Law, 2002. Joined Columbia Law faculty July 1, 2007.

Other professional activities include Consultant, Department of Justice, Office of the Inspector General, 1997-2000; Independent Expert under the National Basketball Association/ National Basketball Players Association Anti-Drug Program, 2000-present; Peer Reviewer, National Institute of Justice, U.S. Department of Justice, 2000-present; Chairman, Local Conditional Release Commission for the City of New York, 10/2004- 9/2005 (appointed by Mayor Michael Bloomberg); and Member, Homeland Security Policy Advisory Committee, Governor-Elect Eliot Spitzer, 2006.

Richman's scholarly writings include more than 30 law review articles.



  • A.B., Harvard (Phi Beta Kappa), 1980
  • J.D., Yale, 1984. Note Editor, Yale Law Journal.
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George J. Terwilliger

George J. Terwilliger

Partner, McGuireWoods LLP

Biography

George Terwilliger is co-head of the firm's white collar practice and leads the firm's Strategic Response and Crisis Management practice group. Following his fifteen years of public service in the US Department of Justice, where he began as a law clerk and concluded as Acting Attorney General, George has provided counsel in government and internal investigations, agency enforcement proceedings and in civil and criminal litigation. He has represented many of the nation's and the world's largest corporations, including major financial institutions, energy companies, public institutions as well as leading business and government officials, including members of the US Senate and House as well as cabinet officials. He has also represented lawyers and corporate legal departments in investigations. As a result of both his private sector work and government positions, George is called upon to provide counsel as well as commentary to government officials, Congress and private organizations on national security, homeland defense, terrorism, and other public policy and legal issues. George's work regularly involves providing counsel in the executive suites and boardrooms of major corporations.

In private practice for international law firms, George has represented national and international financial, energy, telecommunications, industrial and healthcare companies. He is a recognized expert in leading credible corporate internal investigations and his experience designing and executing both targeted and global legal compliance reviews has involved work in more than 60 countries around the globe. George is an expert on the Foreign Corrupt Practices Act and regularly provides counsel to companies addressing FCPA issues. No stranger to high stakes litigation and crisis events, George helped lead the Bush-Cheney legal team in the 2000 Florida vote recount, served as special outside counsel to a Senate committee investigating vote fraud allegations, served as counsel to an executive commission on gambling, and has represented many clients in politically charged election law and similar cases. He has guided corporations and individual through high stakes matters of intense public interest. He represented an incumbent president in First Amendment litigation concerning the right to have an inaugural prayer said in a public ceremony.

At the Department of Justice, George served for 10 years as a frontline federal prosecutor, handling hundreds of investigations, trials and appeals, including in white collar and national security cases. President Ronald Reagan appointed him as a U.S. attorney, and he next served as the deputy attorney general and as acting attorney general during the George H.W. Bush administration. As Deputy Attorney General, George ran the Justice Department's operations, overseeing all the nation's federal prosecutors, as well as the FBI and other law enforcement agencies. He also had leadership responsibility in several national and international crises, including a hostage-taking in a federal prison and the federal law enforcement response to domestic unrest in Los Angeles. In several instances, he personally handled negotiations of high-profile criminal and civil matters in the United States and abroad.

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Matthew Lee Wiener

Matthew Lee Wiener

Lecturer in Law, University of Pennsylvania Carey Law School

Biography

Matthew Lee Wiener served until recently as the twice-presidentially appointed Acting Chair and Vice Chair of the Administrative Conference of the United States (ACUS), as well as a member of its Council and its Executive Director. (In 2016, President Obama nominated him to be ACUS’s Chairman.)

He is now a special counsel to ACUS, co-chair of its Council on Federal Administrative Adjudication, and a lecturer at the University of Pennsylvania Carey Law School, where he teaches Administrative Law.

Before affiliating with ACUS, Mr. Wiener was general counsel to U.S. Senator Arlen Specter (Senate Committee on the Judiciary), counsel to the U.S. House of Representatives Committee on the Judiciary, a  partner at Dechert LLP, and special counsel to Cuneo Gilbert & LaDuca.

He has taught courses on administrative law, administrative practice, regulation remedies, statutory interpretation, and separation of powers at the law schools of the University of Pennsylvania, Rutgers University, and George Mason University.

Mr. Wiener is an elected member of the American Law Institute, a fellow of the American Bar Foundation, and co-chair of the Adjudication Committee of the American Bar Association’s Section of Administrative Law and Regulatory Practice.

Mr. Wiener holds a J.D. from Stanford Law School, where he was Articles Editor of the Stanford Law Review, and an A.B. from William and Mary.

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Jim Harper

Jim Harper

Nonresident Senior Fellow, American Enterprise Institute

Biography

Jim Harper is a nonresident senior fellow at the American Enterprise Institute (AEI), where he focuses on privacy issues, and select legal and constitutional law issues.

A lawyer by training, Mr. Harper has served as counsel for the Subcommittee on Commercial, and Administrative Law of the US House Committee on the Judiciary and as counsel for the Senate Committee on Government Affairs. More recently, he worked at the Competitive Enterprise Institute and the Cato Institute, where he wrote on the intersection of business, technology, and public policy, including privacy, surveillance, data security, telecommunications, and cryptocurrencies. He also served as global policy counsel for the Bitcoin Foundation. Mr. Harper was a founding member of the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee. Early in his post-Hill career, he represented companies such as PayPal and Verisign before Congress.

Mr. Harper is the co-editor of “Terrorizing Ourselves: Why U.S. Counterterrorism Policy Is Failing and How to Fix It” (Cato Institute, 2010) and the author of “Identity Crisis: How Identification Is Overused and Misunderstood” (Cato Institute, 2006). He has written several amicus briefs in Fourth Amendment cases before the U.S. Supreme Court and has published scholarly articles in a variety of law journals. In the popular press, Mr. Harper has been published in The New York Times and The Wall Street Journal, among many other publications.

Mr. Harper has a law degree from the U.C. Hastings College of the Law, where he was editor-in-chief of the Hastings Constitutional Law Quarterly, and a BA from the University of California, Santa Barbara.

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Chip Poncy

Chip Poncy

Co-founder, The Financial Integrity Network

Biography

Chip Poncy is a co-founder of the Financial Integrity Network (FIN), a strategic and technical advisory company focused on assisting key financial and jurisdictional stakeholders in combating and protecting against the full spectrum of illicit finance. Launched in 2014, FIN advises jurisdictional authorities, financial institutions, and vulnerable sectors, industries, and organizations in developing and implementing counter-illicit finance policies, requirements and best practices.

Prior to launching FIN, Mr. Poncy assisted one of the world’s largest banks in developing and implementing its enterprise-wide financial crimes compliance program in Latin America, including by serving in Mexico City as the bank’s interim Head of Financial Crimes Compliance for Mexico and the Latin American region.

From 2002-2013, Mr. Poncy served as the inaugural Director of the Office of Strategic Policy for Terrorist Financing and Financial Crimes (OSP) and a Senior Advisor at the U.S. Department of the Treasury. As the Director of OSP from 2005-2013, Mr. Poncy led an office of strategic policy advisors in creating policies and initiatives to combat the full spectrum of illicit finance, including money laundering, terrorist financing, WMD proliferation financing, and kleptocracy flows. As a Senior Advisor from 2002- 2005, Mr. Poncy assisted Treasury leadership in developing the U.S. Government’s post-9/11 strategy to combat terrorist financing. He also assisted senior leadership in creating and developing the Office of Terrorism and Financial Intelligence in the post-9/11 Government reorganization.

Mr. Poncy led the U.S. delegation to the Financial Action Task Force (FATF) from 2010-2013, co-chaired the policy working group of the FATF from 2007-2013, and managed U.S. participation on various G7, G8 and G20 illicit finance experts groups from 2008-2013. Key accomplishments in these roles included assisting in the revision and adoption of the FATF’s global standards and assessment processes for evaluating jurisdictions under the FATF global network, and facilitating the integration of counter-illicit finance into the broader global financial reform agenda since 2008.

Mr. Poncy began his career as an associate in the New York offices of the law firm White & Case and has served as general counsel to biotechnology and internet radio companies. He has co-pioneered a graduate course on national security and the international financial system as an adjunct associate professor at Georgetown University’s Edmund A. Walsh School of Foreign Service. Mr. Poncy graduated with honors from Harvard University (Bachelor of Arts in Government) and The Johns Hopkins School of Advanced International Studies (Masters of Arts in International Relations) and holds a Juris Doctor from the Georgetown University Law Center.



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Vincent Vitkowsky

Vincent Vitkowsky

Fellow, National Security Institute, Antonin Scalia Law School, George Mason University

Biography

Vince Vitkowsky chaired the Executive Committee of the Federalist Society’s International and National Security Law and Policy Practice Group for over a decade.  He is also a Fellow at the National Security Institute of George Mason University Law School.  Vince spent 45 years in private practice, primarily in AmLaw 100/200 firms and their spin-offs.  His practice included domestic and international commercial arbitration and litigation, as well as cyber risks and liabilities.  Vince's current focus is on national security policy, artificial intelligence, cybersecurity, and counterterrorism.  He has often written and spoken on national security and other public policy issues.  Among other affiliations, Vince has been an Adjunct Fellow at the Center for Law and Counterterrorism of the Foundation for the Defense of Democracies, a member of the Executive Committee of the American Branch of the International Law Association, and Co-Chair of the Committee on Interventions and Trial Observations of the International Bar Association’s Human Rights Institute.  He received his B.A. from Northwestern University and his J.D. from Cornell Law School.

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Ted Cruz

Ted Cruz

United States Senator, Texas

Biography

Ted Cruz represents 28 million Texans in the U.S. Senate as a passionate fighter for limited government and economic growth. He has authored 39 legislative measures signed into law. Recent victories include expanding 529 college savings accounts to allow parents to save for K–12 public, private, and religious education, leading the effort to repeal Obamacare’s individual mandate, imposing sanctions on terrorists who use civilians as human shields, designating North Korea as a state sponsor of terrorism, reauthorizing and reforming NASA, ensuring the availability of additional records to help solve civil rights cold cases, supporting thousands of Texas jobs, and leading the fight to confirm principled constitutionalists to our courts.

Senator Cruz is a graduate of Princeton University and Harvard Law School, a former law clerk to Chief Justice William Rehnquist, and former solicitor general of Texas. He has argued nine cases before the Supreme Court. In November of 2018, he was re-elected to the Senate by the people of Texas.

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Leonard A. Leo

Leonard A. Leo

Co-Chairman, The Federalist Society for Law and Public Policy Studies

Biography

Leonard is Co-Chairman and former Executive Vice President of the Federalist Society, joining the organization over 25 years ago. Since that time he has been instrumental in helping the organization top 70,000, focusing on the growth of lawyers membership, operations and activities advancing limited, constitutional government. In addition to his work at the Society, Leonard has advised President Trump on judicial selection, assisted with the Gorsuch and Kavanaugh Supreme Court selection and confirmation process, and served as a member of the transition team. He also organized the outside coalition efforts in support of the Roberts and Alito U.S. Supreme Court confirmations. Leonard was appointed by President George W. Bush to three terms to the U.S. Commission on International Religious Freedom as chairman. He was also a U.S. Delegate to the UN Council and UN Commission on Human Rights during the Bush Administration. Leonard was the recipient of the 2009 Bradley Prize, along with the other founders and directors of the Federalist Society, for his work in advancing freedom and the rule of law. He is the coeditor of Presidential Leadership: Rating the Best and the Worst in the White House, as well as the author of opinion editorials in the New York Times,The Wall Street Journal, and Washington Post. Leonard holds degrees from Cornell University and Cornell Law School. He presently resides in Northern Virginia, where he and his wife Sally have raised their seven children.

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Charles J. Cooper

Charles J. Cooper

Founding Partner, Cooper & Kirk PLLC

Biography

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.

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William N. Eskridge

William N. Eskridge

Alexander M. Bickel Professor of Public Law, Yale Law School

Biography

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.

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David M. McIntosh

David M. McIntosh

Biography

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.

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Neomi Rao

Neomi Rao

Judge, United States Court of Appeals, District of Columbia Circuit

Biography

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.

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Josh Blackman

Josh Blackman

Professor of Law, South Texas College of Law Houston

Biography

Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.

Since 2012, Josh has served as a professor  at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.

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