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.
Partner, Marzulla Law
Ms. Marzulla served as an Attorney-Advisor and as a trial lawyer prosecuting employment violations in the Civil Rights Division at the U.S. Department of Justice. Later, Nancie joined the law firm of Verner, Liipfert (now DLA Piper), where she litigated complex airline and other civil matters. In 1991, She founded Defenders of Property Rights, where she was involved in high profile takings cases in the Supreme Court, federal courts of appeal, and trial courts. Ms. Marzulla also worked at the International Labor Organization in Geneva, Switzerland doing comparative legal research.
Nancie G. Marzulla is a founding partner of Marzulla Law, ranked as one of the nation’s “Best Law Firms,” and a “Tier One” environmental litigation firm by the U.S. News and World Report. Nancie’s litigation practice concentrates on water rights, takings, and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, the Supreme Court, and in international tribunals. Nancie also represents corporate clients in enforcement or permitting disputes with federal regulatory agencies.
CEO, Asset Forfeiture Law, LLC
As a federal prosecutor, Stefan D. Cassella was one of the federal government’s leading experts on asset forfeiture and money laundering law for over thirty years. He now serves as an expert witness and consultant to law enforcement agencies and the private sector as the CEO of AssetForfeitureLaw, LLC.
As a Deputy Chief of the Justice Department’s Asset Forfeiture and Money Laundering Section and later as the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney’s Office in Baltimore, Maryland, Mr. Cassella litigated some of the Government’s most significant forfeiture and money laundering cases and drafted many of the federal forfeiture and money laundering statutes.
He is the author of Asset Forfeiture Law in the United States, a one-volume resource designed to lead the practitioner, prosecutor, judge and policy maker through the labyrinth of statutes, rules and cases that govern this dynamic area of the law, and of more than 40 law review articles on money laundering and forfeiture. He has trained state and federal prosecutors and agents and their counterparts in numerous foreign countries, including over 200 lectures at the National Advocacy Center at the University of South Carolina.
Mr. Cassella is also the author and publisher of the Money Laundering and Forfeiture Digest, a monthly compendium of the forfeiture and money laundering cases decided by the federal courts that is circulated to hundreds of state, federal and foreign prosecutors and lawyers, law enforcement agents, academics and policy makers in the U.S. and abroad.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Thomas Smith Senior Research Fellow, 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.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Former United States Senator, Utah
Over nearly four decades of public service, Senator Orrin Hatch established himself as a leading conservative voice in the United States Senate. As the upper chamber’s most senior Republican, he served as President Pro Tempore and as Chairman of the Senate Finance Committee. In this capacity, he fought to create jobs and strengthen the economy by repealing and replacing Obamacare, reforming the tax code, and opening up overseas markets to American exports.
As a long-time member and former Chairman of the Senate Judiciary Committee, Senator Hatch also fought to check judicial activism and protect our liberties. He was instrumental in confirming conservative judges to the federal bench and played an indispensable role in confirming Supreme Court Justices Antonin Scalia, Clarence Thomas, and Samuel Alito as well as scores of district and circuit court judges.
One of Senator Hatch’s particularly noteworthy achievements on the Judiciary Committee is the Religious Freedom Restoration Act of 1993—a bill he co-authored with the late Senator Ted Kennedy. This landmark legislation prohibits substantial government burdens on the free exercise of religion, allowing all Americans to live, work, and worship in accordance with their beliefs.
In addition to protecting our individual liberties, Senator Hatch was on the front lines of legislative battles to protect our free-market economy and system of limited government under the Constitution. His reputation as a statesman and his record of fiscal responsibility earned him the nickname “Mr. Balanced Budget” from President Reagan.
By virtually all measures, Senator Hatch was among the most effective and consequential legislators in history. Since he first came to Congress in 1977, no legislator alive today has authored more bills that have become law than Senator Hatch.
Of all Senator Hatch’s achievements, he is proudest of his family, and he credits the love of his wife and children as the key to his success. He and Elaine have been married for more than fifty years. Together, they are the parents of six children, twenty-three grandchildren, and sixteen great-grandchildren.
John Adams is a pseudonym. The author is a veteran attorney in the government arms control community. His opinions are purely his own, and do not reflect any official position or policy of the United States, the Conference on Disarmament, or the Organization for the Prohibition of Chemical Weapons.
Former Associate Justice, United States Supreme Court
William J. Brennan, Jr. was born and raised in New Jersey. The second of eight children born to Irish immigrants, Brennan gave early evidence of academic achievement. Brennan completed his law degree at Harvard and entered private practice in his home state of New Jersey. When his practice intruded on his devotion to his family, Brennan opted for service as a trial judge. He was promoted to the state's highest court in 1952.
He was appointed to the Supreme Court in 1956 by President Dwight D. Eisenhower. In a 1987 interview, Brennan recalled his first day on the Court. Later, Eisenhower would publicly admit the appointment was a mistake. That's because Brennan proved to be the most liberal and influential justice on the modern Supreme Court. He authored important opinions in the areas of free expression, criminal procedure, and reapportionment.
As a result of his leadership, Brennan imparted his constitutional vision to a broad coalition of his colleagues. He resigned on account of health in 1990.
John M. Olin University Professor Emeritus, Georgetown University
Walter Berns is the John M. Olin University Professor Emeritus at Georgetown University and a resident scholar at the American Enterprise Institute. He has taught at the University of Toronto, the University of Chicago (where he earned a Ph.D. in political science), and at Cornell and Yale Universities. His government service includes membership on the National Council on the Humanities, the Council of Scholars in the Library of Congress, the Judicial Fellows Commission, and in 1983 he was the alternate United States representative to the United Nations Commission on Human Rights. He has been a Guggenheim, Rockefeller, and Fulbright Fellow and a Phi Beta Kappa lecturer. He is the author of numerous articles on American government and politics in both professional and popular journals; his many books include In Defense of Liberal Democracy, The First Amendment and the Future of American Democracy, Taking the Constitution Seriously, and Making Patriots. President George W. Bush awarded him the 2005 National Humanities Medal for his scholarship on the history of the constitution.
Partner, O'Melveny & Myers LLP
Walter Dellinger is an influential authority on appellate and Supreme Court decisions, lending his experience as a former Solicitor General and decades of legal knowledge to amicus briefs, a multitude of pro bono clients, and public and private companies involved in bet-the-company litigation. A frequent commentator for the Wall Street Journal, Slate, and major television networks, Walter holds the designation of the Douglas B. Maggs Emeritus Professor of Law at Duke University. He was named one of the 100 Most Influential Lawyers in America by the National Law Journal and recognized with a Lifetime Achievement Award from the American Lawyer.
Walter, who formerly served as O’Melveny’s Diversity and Inclusion Partner, helped convince the US Supreme Court that proponents of Proposition 8, California's ban on same-sex marriage, did not have standing to appeal a court order invalidating it. That ruling, Hollingsworth v. Perry, cleared the way for marriage equality in California and eventually nationwide.
Walter served as Assistant Attorney General and head of the Office of Legal Counsel (OLC) from 1993 to 1996. He was acting Solicitor General for the 1996-97 Term of the US Supreme Court. During that time, Walter argued nine cases before the Court, the most by any Solicitor General in more than 20 years. His arguments included cases dealing with physician-assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act, and the constitutionality of remedial services for parochial school children.
Walter has served as Special Counsel to the Board of Directors of the New York Stock Exchange in connection with the NYSE’s transformation into a publicly held company and its acquisition of an electronic trading company.
After serving in early 1993 in the White House as an advisor to the President on constitutional issues, Walter was nominated by the President to be Assistant Attorney General. He was confirmed by the Senate in October 1993 and served for three years. As head of the OLC, Walter issued opinions on a wide variety of issues, including: the President's authority to deploy United States forces in Haiti and Bosnia; whether the trade agreements required treaty ratification; and a major review of separation of powers questions. He provided extensive legal advice on questions arising out of the shutdown of the federal government, on national debt ceiling issues, and on loan guarantees for Mexico.
Walter has published articles on constitutional issues for scholarly journals including the Harvard Law Review, the Yale Law Journal, and the Duke Law Journal, and has written for the New York Times, the Washington Post, Newsweek, the New Republic, and the London Times. He has been a visiting professor at the Catholic University of Belgium and has given lectures to university faculties in Florence, Siena, Nuremberg, Copenhagen, Leiden, Utrecht, Tilburg, Mexico, and Rio de Janeiro, and has delivered major lectures at Stanford, Yale, Harvard, Michigan, Berkeley, Penn, Duke, Chicago, and other US law schools. He has testified more than 25 times before committees of Congress.
In private practice, Walter’s arguments before the United States Supreme Court have included Exxon Shipping Co. v. Baker, Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, Alabama v. North Carolina, Hosanna-Tabor v. EEOC, Heller v. District of Columbia, Jackson v. Birmingham School District, Brown v. Legal Foundation of Washington, US Airways v. Barnett, Utah v. Evans, Hunt v. Cromartie, and Hunt v. Easley. His most notable Court of Appeals and state supreme court arguments include Martha Stewart v. United States, Whiteside v. United States, and Exxon v. Alabama, LCI v. Phillips.
Senior Judge, United States Court of Appeals, Fifth Circuit
Patrick Errol Higginbotham is a federal judge on senior status with the United States Court of Appeals for the 5th Circuit. He joined the court in 1982 after being nominated by President Ronald Reagan.
Administrative Crimes: Testimony of Roger Marzulla
Roger J. Marzulla
[Testimony of Roger J. Marzulla Before the Judiciary Committee of the House of Representatives Subcommittee...
Crossing a Property Rights Threshold
Nancie G. Marzulla
Bernadine Suitum had to go all the way to the U.S. Supreme Court to win...
Forfeiture Reform
Stefan D. Cassella
The Justice Department has drafted and sent to Congress a set of legislative proposals to...
The Chemical Weapons Treaty is Unconstitutional
John C. Yoo
Suppose that the U.S. were to ratify a treaty to attack the problem of international...
City of Boerne v. Flores: A Victory for Federalism
Jeffrey S. Sutton
In deciding whether to invalidate the Religious Freedom Restoration Act (RFRA) in City of Boerne...
Legislative Initiatives
Orrin Hatch
Despite the constitutional requirement for the protection of property rights, the America of the late...
The Chemical Weapons Convention: Legal and Juridical Observations
John Adams
Introduction It is the inherent contradiction of the Twentieth Century that the same era that...
Can the Death Penalty be Administered Constitutionally? [Archive Collection]
Second Annual National Lawyers Convention
Washington, DCThe Great Debate: Justice William J. Brennan, Jr. - October 12, 1985
William J. Brennan
Justice William J. Brennan, Jr. To the Text and Teaching Symposium, Georgetown University October 12,...