Associate Professor of Law, St. Thomas University College of Law
Dan Epstein is Vice President at America First Legal and an Associate Professor of Law at St. Thomas University in Miami, Florida. He also advises individuals and small businesses in affirmative and defensive actions against government overreach. Previously, he advised startups on regulatory matters as Director at a venture capital firm. His federal service includes being a Special Assistant to and Senior Associate Counsel to the President and a counsel for the House of Representatives Committee on Oversight and Government Reform. Earlier in his career, Mr. Epstein founded and ran Cause of Action, where he represented clients in government investigations and litigated regulatory, constitutional, political, and public law matters.
He holds a Ph.D. from George Washington University in Political Economy, a J.D. from Emory University School of Law, and a B.A. from Kenyon College. He is active in the Palm Beach community as a member of the Fourth Court of Appeals Judicial Nominating Commission in Florida, a transition team member to Florida Attorney General James Uthmeier, and the Chairman and Trustee of Palm Beach State College.
Senior Counsel, Schaerr Jaffe LLP
Ken Klukowski is senior counsel at the law firm Schaerr Jaffe, focusing on constitutional, administrative, and election law, and the federal courts. He has served in politically appointed positions in the U.S. government, including senior counsel in the Civil Division of the U.S. Department of Justice, and prior to that in the White House as special counsel in the Office of Management and Budget. He was also the constitutional rights advisor on the Presidential Transition Team of President Donald J. Trump. In the private sector, he has worked as a senior fellow of the American Constitutional Rights Union, senior counsel at First Liberty Institute, and a legal journalist. He litigates constitutional cases in the U.S. Supreme Court and lower federal courts, and contributes to media coverage of the nation’s highest court and legal issues. Earlier in his career, Klukowski served as special deputy attorney general of Indiana, and worked on faculty at Liberty University School of Law. His academic works have been published by journals such as the Federalist Society’s Harvard Journal of Law & Public Policy, and his columns have appeared in the Wall Street Journal and other national publications. His amicus briefs and nine law review articles have been cited by various federal courts and top legal journals. He has participated in numerous Supreme Court cases, and lectured and debated at 100 law school events nationwide. Klukowski received his bachelor’s degree from the University of Notre Dame, studied history at Arizona State University, earned his law degree from Scalia Law School at George Mason University, and served as a law clerk to Chief Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Senior Attorney, Institute for Justice
Paul Avelar is the Managing Attorney of the Institute for Justice Arizona Office. He joined the Institute in March 2010 and litigates free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts.
As the head of IJ’s national Braiding Freedom Initiative, Paul represents natural hair braiders across the country to protect their right to earn an honest living. The Initiative uses lawsuits, activism and research to remove laws that require potential braiders to undergo hundreds of costly training hours just to braid hair. Since IJ launched the Braiding Freedom Initiative in 2014, 12 additional states have freed braiders from unnecessary licensing burdens. Paul drafted the model Natural Hair Braiding Protection Act, which has been adopted in Arkansas, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, Texas and South Dakota. He is currently representing braiders in Missouri, where state laws infringe upon their right to earn an honest living.
In his free speech work, Paul has challenged numerous laws that trample First Amendment rights. In Arizona Freedom Club PAC v. Bennett, he represented candidates and independent groups in a successful U.S. Supreme Court challenge to the “matching funds” provision of Arizona’s publicly financed elections system. He represented grassroots groups and individuals in Arizona, Mississippi and Washington, where state laws burdened their political speech by requiring them to register with the government, to navigate complex regulations and to face fines and possible criminal penalties merely because they talked about political issues. In Washington, Paul protected a lawyer’s right to defend, pro-bono, the First Amendment rights of political speakers. Through litigation and legislation, Paul leads the fight against abusive civil forfeiture laws in Arizona and elsewhere.
Paul also co-authored the most comprehensive published study of economic liberty protections in the Arizona Constitution. The Chief Justice of the Arizona Supreme Court appointed Paul to the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, where he dissented from the majority report and called on leaders to substantially reform the Bar and state regulation of the practice of law. He often speaks at law schools across the country about constitutional issues and his work at IJ.
Prior to joining IJ-AZ, Paul worked as an attorney in Philadelphia. He clerked for Judge Roger Miner on the 2nd U.S. Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals.
Paul graduated manga cum laude from the Arizona State University College of Law in 2004 and was elected to the Order of the Coif. He received his undergraduate degree from Princeton University in 2000.
Co-Founder, Trustee, and Legal Advisor, Reason Foundation and Ge, Individual Rights Foundation
Manuel "Manny" Klausner was one of the founding partners in Reason Enterprises, which began publishing Reason magazine in 1971, three years after the publication's creation. He became editor in the summer of 1972 and a senior editor in June 1978. In 1978 he co-founded the Reason Foundation with Tibor Machan and Bob Poole. He remains on the board of the Reason Foundation today, is a stalwart supporter of the Federalist Society, and a libertarian lawyer extraordinaire.
Superior Court of California for the County of Los Angeles
Carolyn Barbara Kuhl is a judge on the Superior Court of California for the County of Los Angeles and a former nominee to the United States Court of Appeals for the Ninth Circuit. After receiving her law degree in 1977 from Duke Law School, she clerked for future Supreme Court Justice, Anthony M. Kennedy, from 1977–78. From 1981–86, she served in the United States Department of Justice. She worked as a partner in the Los Angeles law firm of Munger, Tolles & Olson, focusing on civil business litigation with a specialty in appellate litigation, from 1986–95. She became a judge on the Superior Court of California for the County of Los Angeles in 1995 and was nominated to a seat on the United States Court of Appeals for the Ninth Circuit on June 22, 2001 by President George W. Bush.
Former President & CEO, The Federalist Society for Law and Public Policy Studies
Eugene B. Meyer, former President and CEO of the Federalist Society, has served as Executive Director, CEO, and/or President of the organization for more than 40 years. He is responsible for shepherding the organization from a small group of law students to a community of 90,000 lawyers, law students, academics, judges, and others interested in the rule of law. The Society now includes a Student Chapter at nearly every ABA-accredited law school in the country and Lawyers Chapters in 220 major cities across the nation. Gene earned his B.A. in history at Yale in 1975 and his M.A. in political science from the London School of Economics in 1976. Gene currently serves on the boards of the U.S. Chess Center, the Holman Foundation, the Sarah Scaife Foundation, and the advisory board of the Adam Smith Society. He holds the title of International Chess Master.
Executive Director, First Amendment Coalition
A lawyer and journalist, Scheer was editor and publisher of The Recorder, a daily legal newspaper in San Francisco, publisher of Legal Times, a Washington, DC-based weekly on law and lobbying, and CEO of callaw.com and law.com. Scheer practiced appellate law in Washington, DC, both in the U.S. Justice Department and in private practice. He was a partner in the Washington, DC firm of Onek, Klein & Farr, and was general counsel to the National Security Archive. Scheer has argued appellate cases in most of the federal courts of appeal and in the U.S. Supreme Court.
Scheer has received the Eugene S. Pulliam First Amendment Award (from the national Sigma Delta Chi Foundation) and the James Madison Freedom of Information Award (from the Society of Professional Journalists). Scheer’s articles on First Amendment issues and related issues have appeared in numerous publications, both print and online, including the Sacramento Bee, Slate.com, Huffington Post, San Jose Mercury News, Salon.com, Orange County Register, San Francisco Chronicle, the San Diego Union-Tribune and the Los Angeles Daily Journal.
Scheer received his JD in 1978 from Harvard Law School, where he was a member of the Harvard Law Review. He received his BA at Amherst College, graduating magna cum laude and Phi Beta Kappa.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Senior Counsel and Director of Strategic Engagement, Alliance Defending Freedom
Jordan Lorence serves as senior counsel and director of strategic engagement with Alliance Defending Freedom, where he plays a key role with the Strategic Relations & Training Team. His work has encompassed a broad range of litigation, with a primary focus on religious liberty, free speech, student privacy, conscience rights of creative professionals, and the First Amendment freedoms of public university students and professors.
Lorence argued before the U.S. Supreme Court in the precedent-setting Southworth v. Board of Regents of the University of Wisconsin System case in 1999, challenging the university’s requirement that forced unwilling students to contribute to campus activist groups. He led the challenge to New York City’s ban on private worship services after hours in vacant public school buildings in the long-running Bronx Household of Faith v. Board of Education of the City of New York case. Lorence also defended the right of conscience in Elane Photography v. Willock at the New Mexico Supreme Court.
Lorence has made media appearances on television and radio shows including Fox News, NBC’s Today Show, and National Public Radio’s All Things Considered. His commentary has also appeared in The Wall Street Journal, USA Today, The New York Daily News, The New York Post, The Philadelphia Inquirer, The Washington Times, The Hill, and National Review.
Before officially joining the organization in 2001, Lorence was a productive allied attorney for many years, actively involved in significant litigation for ADF. He has also worked for the Home School Legal Defense Association, Concerned Women for America, and the American Center for Law and Justice. Lorence earned a J.D. from the University of Minnesota Law School and received a B.A. in journalism from Stanford University. He is admitted to the bar in Minnesota, Virginia, the District of Columbia, the U.S. Supreme Court, and multiple federal appellate and district courts.
Wendell H. Ford Professor of Law, University of Kentucky J. David Rosenberg College of Law
Paul E. Salamanca graduated from Dartmouth College in 1983 and Boston College Law School in 1989, where he was a note editor for the Boston College Law Review and a member of the Order of the Coif.
Professor Salamanca served as a law clerk to Judge David H. Souter of the U.S. Court of Appeals for the First Circuit, and subsequently clerked for Justice Souter on the U.S. Supreme Court. He practiced law with the firm of Debevoise & Plimpton in New York from 1991 to 1994 and was a visiting assistant professor of law at Loyola University School of Law in New Orleans before joining the faculty at the University of Kentucky College of Law in June 1995.
Professor Salamanca writes in the areas of separation of powers, freedom of speech, freedom of religion, and privacy. He has published articles on these subjects in the University of Cincinnati Law Review, the Missouri Law Review, the Georgia Law Review and the Kentucky Law Journal, among other places.
From 2019 until 2021, Professor Salamanca served as a Senior Counsel and then as a Deputy Assistant Attorney General in the Environment and Natural Resources Division (ENRD) of the United States Department of Justice. His duties included supervision of the Natural Resources and Land Acquisition Sections of ENRD.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
United States Senator, Missouri
U.S. SENATOR JOSH HAWLEY TOOK OFFICE IN JANUARY 2019.
Raised in rural Missouri, U.S. Senator Josh Hawley previously served as Missouri’s Attorney General. There he earned a reputation for taking on the big and the powerful to protect Missouri workers and families. He has battled big government and big business, special interests, organized crime, and anyone who would threaten the well-being of Missourians.
A native of small town Lexington, Missouri in rural Lafayette County, Senator Hawley graduated from Rockhurst High School in Kansas City. After graduating from Stanford University in 2002 and Yale Law School in 2006, he moved back home to mid-Missouri with his wife, Erin, where they started a family. They are the proud parents of two young boys, Elijah and Blaise.
Senator Hawley is recognized as one of the nation’s leading constitutional lawyers. He has litigated at the Supreme Court of the United States, the federal courts of appeals, and in state court, fighting for the people’s liberties. He previously fought Obamacare at the Supreme Court — and won — as one of the lead attorneys in the landmark Hobby Lobby case. He was also a lead attorney in the Hosanna-Tabor case at the Supreme Court, protecting the rights of churches.
As Attorney General, he fought the Washington overreach threatening farms and family businesses, including the Waters of the United States Rule and the Clean Power Plan. Senator Hawley has also taken on big opioid manufacturers, challenging their unethical marketing practices that helped create an epidemic of opioid abuse. He cracked down on human trafficking in Missouri, leading the largest anti-trafficking bust in Missouri history. And he stood up to big tech, launching investigations of the most powerful companies in the world—Google and Facebook—to protect Missourians, their data, and the First Amendment.
The youngest Senator in America, Senator Hawley serves on the Senate Committees on the Judiciary; Armed Services; Homeland Security and Governmental Affairs; Small Business and Entrepreneurship; and the Special Committee on Aging.
Senior Attorney, Institute for Justice
Paul Avelar is the Managing Attorney of the Institute for Justice Arizona Office. He joined the Institute in March 2010 and litigates free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts.
As the head of IJ’s national Braiding Freedom Initiative, Paul represents natural hair braiders across the country to protect their right to earn an honest living. The Initiative uses lawsuits, activism and research to remove laws that require potential braiders to undergo hundreds of costly training hours just to braid hair. Since IJ launched the Braiding Freedom Initiative in 2014, 12 additional states have freed braiders from unnecessary licensing burdens. Paul drafted the model Natural Hair Braiding Protection Act, which has been adopted in Arkansas, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, Texas and South Dakota. He is currently representing braiders in Missouri, where state laws infringe upon their right to earn an honest living.
In his free speech work, Paul has challenged numerous laws that trample First Amendment rights. In Arizona Freedom Club PAC v. Bennett, he represented candidates and independent groups in a successful U.S. Supreme Court challenge to the “matching funds” provision of Arizona’s publicly financed elections system. He represented grassroots groups and individuals in Arizona, Mississippi and Washington, where state laws burdened their political speech by requiring them to register with the government, to navigate complex regulations and to face fines and possible criminal penalties merely because they talked about political issues. In Washington, Paul protected a lawyer’s right to defend, pro-bono, the First Amendment rights of political speakers. Through litigation and legislation, Paul leads the fight against abusive civil forfeiture laws in Arizona and elsewhere.
Paul also co-authored the most comprehensive published study of economic liberty protections in the Arizona Constitution. The Chief Justice of the Arizona Supreme Court appointed Paul to the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, where he dissented from the majority report and called on leaders to substantially reform the Bar and state regulation of the practice of law. He often speaks at law schools across the country about constitutional issues and his work at IJ.
Prior to joining IJ-AZ, Paul worked as an attorney in Philadelphia. He clerked for Judge Roger Miner on the 2nd U.S. Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals.
Paul graduated manga cum laude from the Arizona State University College of Law in 2004 and was elected to the Order of the Coif. He received his undergraduate degree from Princeton University in 2000.
Co-Founder, Trustee, and Legal Advisor, Reason Foundation and Ge, Individual Rights Foundation
Manuel "Manny" Klausner was one of the founding partners in Reason Enterprises, which began publishing Reason magazine in 1971, three years after the publication's creation. He became editor in the summer of 1972 and a senior editor in June 1978. In 1978 he co-founded the Reason Foundation with Tibor Machan and Bob Poole. He remains on the board of the Reason Foundation today, is a stalwart supporter of the Federalist Society, and a libertarian lawyer extraordinaire.
Superior Court of California for the County of Los Angeles
Carolyn Barbara Kuhl is a judge on the Superior Court of California for the County of Los Angeles and a former nominee to the United States Court of Appeals for the Ninth Circuit. After receiving her law degree in 1977 from Duke Law School, she clerked for future Supreme Court Justice, Anthony M. Kennedy, from 1977–78. From 1981–86, she served in the United States Department of Justice. She worked as a partner in the Los Angeles law firm of Munger, Tolles & Olson, focusing on civil business litigation with a specialty in appellate litigation, from 1986–95. She became a judge on the Superior Court of California for the County of Los Angeles in 1995 and was nominated to a seat on the United States Court of Appeals for the Ninth Circuit on June 22, 2001 by President George W. Bush.
Former President & CEO, The Federalist Society for Law and Public Policy Studies
Eugene B. Meyer, former President and CEO of the Federalist Society, has served as Executive Director, CEO, and/or President of the organization for more than 40 years. He is responsible for shepherding the organization from a small group of law students to a community of 90,000 lawyers, law students, academics, judges, and others interested in the rule of law. The Society now includes a Student Chapter at nearly every ABA-accredited law school in the country and Lawyers Chapters in 220 major cities across the nation. Gene earned his B.A. in history at Yale in 1975 and his M.A. in political science from the London School of Economics in 1976. Gene currently serves on the boards of the U.S. Chess Center, the Holman Foundation, the Sarah Scaife Foundation, and the advisory board of the Adam Smith Society. He holds the title of International Chess Master.
Executive Director, First Amendment Coalition
A lawyer and journalist, Scheer was editor and publisher of The Recorder, a daily legal newspaper in San Francisco, publisher of Legal Times, a Washington, DC-based weekly on law and lobbying, and CEO of callaw.com and law.com. Scheer practiced appellate law in Washington, DC, both in the U.S. Justice Department and in private practice. He was a partner in the Washington, DC firm of Onek, Klein & Farr, and was general counsel to the National Security Archive. Scheer has argued appellate cases in most of the federal courts of appeal and in the U.S. Supreme Court.
Scheer has received the Eugene S. Pulliam First Amendment Award (from the national Sigma Delta Chi Foundation) and the James Madison Freedom of Information Award (from the Society of Professional Journalists). Scheer’s articles on First Amendment issues and related issues have appeared in numerous publications, both print and online, including the Sacramento Bee, Slate.com, Huffington Post, San Jose Mercury News, Salon.com, Orange County Register, San Francisco Chronicle, the San Diego Union-Tribune and the Los Angeles Daily Journal.
Scheer received his JD in 1978 from Harvard Law School, where he was a member of the Harvard Law Review. He received his BA at Amherst College, graduating magna cum laude and Phi Beta Kappa.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Redressing Politicized Spending
Daniel Z. Epstein
Note from the Editor: This article is about politicized spending in the federal discretionary budget. ...
If Corporations Don’t Have Souls, Why Does a Google Search for ‘Corporate Greed’ Yield 417,000 Hits?
BirminghamIn Whose Name We Pray: Restoring the Establishment Clause in Town of Greece v. Galloway
Kenneth A. Klukowski
Note from the Editor: This article is a discussion about the Establishment Clause issue in...
HHS Mandate and the Attack on Religious Freedom
Salt Lake City, UtahTerms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government
Boston, MassachusettsPanel Two: How do we balance disclosure with maintaining the privacy of participants in contentious issues?
Paul Avelar, Manuel S. Klausner, Carolyn B. Kuhl, Eugene B. Meyer, Peter Scheer, Hans A. Von Spakovsky
Supporters of Proposition 8 have invoked NAACP v. Alabama to support their claims for anonymity,...
New Mexico Supreme Court: Wedding Photographer May Not Decline Business from Same-Sex Couple’s Commitment Ceremony
Jordan Lorence
On August 22, the New Mexico Supreme Court handed down a noteworthy opinion in a...
Discussion About Sebelius v. Hobby Lobby
Kansas City, MissouriPanel Two: How do we balance disclosure with maintaining the privacy of participants in contentious issues?
2014 Annual Western Chapters Conference
Simi Valley, CATerms of Engagement
Houston, Texas