Professor of Law, Brooklyn Law School
Joel Gora has been a professor at Brooklyn Law School since 1978, teaching constitutional law, civil procedure and a number of other related courses. He also served as Associate Dean for Academic Affairs from 1993-1997 and again from 2002 through 2006. He is the author of a number of books and articles dealing with First Amendment and other constitutional law issues. He is also an expert on campaign finance law matters, working in the field as both an advocate and an academic. Prior to joining the Brooklyn Law School faculty, Professor Gora was a law clerk at the United States Court of Appeals for the Second Circuit for two years after he graduated from law school, and then a full-time lawyer with the American Civil Liberties Union for almost ten years. During his ACLU career, he worked on dozens of United States Supreme Court cases, including many landmark rulings. Chief among them was the case of Buckley v. Valeo, the Court’s historic 1976 decision on the relationship between campaign finance restrictions and First Amendment rights. He has worked, on behalf of the ACLU, on almost every one of the important campaign finance cases to come before the Court. He also served for more than 25 years on the board of directors of the New York Civil Liberties Union, and as one of its general counsel. He has served as well on a number of policy committees of the New York City Bar, and was also a member of the board of the Federal Bar Council. Professor Gora received his B.A. from Pomona College and LL.B. from Columbia Law School.
Thomas B. Pahl is the Retired Deputy Director of the CFPB where he served from July 2020 through January 2021. Before his term at the CFPB, Pahl served as Policy Associate Director for Research, Markets, and Regulations beginning in April 2018. Previously, Pahl was the Acting Director of the Bureau of Consumer Protection at the Federal Trade Commission.
From 2013–2016, Tom served as Managing Counsel for the Office of Regulations at the CFPB. He has also held previous roles at the FTC focused on enforcement, rulemaking, and policy on financial services matters, including Assistant Director of the Division of Financial Practices. Pahl received his BA from the College of St. Thomas and his JD from Northwestern University School of Law.
Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Maureen Ohlhausen is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises industry-leading clients on complex antitrust and litigation matters, with a focus on high-profile cases. Sought after for her depth of experience on antitrust and Federal Trade Commission (FTC)-related issues, Maureen is known for her relationships with officials in the U.S. and abroad.
After finishing law school and clerking at the U.S. Court of Appeals for the D.C. Circuit, Maureen joined the FTC in 1997. She held a series of roles at the agency over the next 12 years, rising to the position of Director of the FTC Office of Policy Planning, where she led the agency’s work on e-commerce and headed the FTC’s Internet Access Task Force, which produced an influential report analyzing competition and consumer protection legal issues in the broadband and internet sectors. She then went into private practice at a leading telecommunications law firm, where she headed the FTC practice group.
In 2012, Maureen was confirmed by the Senate as a Commissioner of the FTC and was appointed Acting Chairman in January 2017, a role she held until May 2018. As Acting Chairman, Maureen directed all aspects of the agency’s antitrust work, including merger review, conduct enforcement, and all consumer protection enforcement, with an emphasis on privacy and technology issues. Under her leadership, the FTC won several influential merger challenges in court and reached a number of key digital privacy settlements.
To date, Maureen is the only FTC Commissioner to have received the Robert Pitofsky Lifetime Achievement Award in recognition of her contributions to the FTC.
Following the end of her term at the FTC, and immediately prior to joining Wilson Sonsini, Maureen was chair of the global antitrust and competition practice at Baker Botts, based in that firm’s Washington, D.C., office.
A recognized thought leader, Maureen is a frequent author and speaker, and is often quoted by leading print and broadcast media on antitrust, FTC, and privacy and data security matters. She has published dozens of articles on antitrust, privacy, intellectual property, regulation, FTC litigation, telecommunications, and international law issues in prestigious publications. During her tenure at the FTC and in private practice, she testified more than two dozen times before Congress, including before the Senate Commerce Committee and the House Energy and Commerce Antitrust Sub-Committee. She also testified before the Antitrust Modernization Commission.
Partner, Sidley Austin LLP
BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros. He has also handled a variety of civil and appellate cases in federal court.
From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.
Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.
Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Adjunct Scholar and Former Director, Project On Criminal Justice, Cato Institute
Tim Lynch is an attorney specializing in criminal law, constitutional law, and civil liberties. He is an adjunct scholar at the Cato Institute and the former director of Cato’s Project on Criminal Justice. His research interests include all aspects of constitutional criminal procedure, overcriminalization, the drug war, and police and prosecutorial misconduct. In 2000, he served on the National Committee to Prevent Wrongful Executions. Lynch also prepares amicus briefs before appellate courts and the U.S. Supreme Court in cases involving constitutional rights. He is the editor of In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law” and After Prohibition: An Adult Approach to Drug Policies in the 21st Century.
Lynch has published a variety of articles in both the law journals and in opinion pieces for the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, and other newspapers. He has appeared on The PBS NewsHour, NBC Nightly News, ABC World News Tonight, and C-SPAN’s Washington Journal. Lynch is a member of the Virginia, District of Columbia, and Supreme Court bars. He earned both a BS and a JD from Marquette University.
Mr. Lynch can be reached via his personal website.
Roger Williams University School of Law
Professor Bogus has achieved national prominence in two areas -- (1) tort law, and especially, products liability; and (2) gun control, including issues involving the Second Amendment.
His work in the first area includes Why Lawsuits Are Good for America: Disciplined Democracy, Big Business and the Common Law (NYU Press). His Constitutional Law research proposes the thesis that James Madison wrote the Second Amendment to ensure that the federal government could not subvert the slave system by disarming the militia, on which the South relied for slave control. Professor Bogus has testified before Congress and spoken about and debated these subjects at many venues across the country, including at Harvard, Columbia, Chicago, Stanford, and Vanderbilt law schools, and his writings on these subjects have been published by law reviews, as well as opinion journals such as The Nation and The American Prospect, and newspapers including USA Today, Boston Globe, Washington Times, and the Providence Journal. Most recently, he was interviewed by National Public Radio. One of his interests is how ideology influences the law, and he is presently at work on a biography of William F. Buckley, Jr. and the conservative movement.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
Of Counsel, Erickson & Sederstrom
Professional Positions
Former Member of National Association of Attorneys General Executive Committee (2002)
Member, Society of Attorneys General Emeritus (SAGE)
Washington Legal Foundation, Policy Advisory Board
Federalist Society, Member of the Federalism Subcommittee for Federalism and Separation of Powers
Former Member, TRANSLink Transmission Co., Board of Directors
Former Member, U.S. Chamber of Commerce Federalism Working Group
Former Chair, Nebraska Crime Commission
Honors and Accomplishments
Argued cases in the United States Supreme Court
Phi Beta Kappa
Republican Nominee for U.S. Senate in Nebraska (2000)
Founding Member of the Republican Attorneys General Association
Nebraska Fertilizer and Ag Chemical Institute's Government Official of the Year (2000)
Nebraska Coalition for Victims of Crime's Public Policy Award (1999)
Lincoln Independent Business Association's Business Champion Award (1997)
Lincoln Jaycees Outstanding Young Individual Award (1981)
Prior to Becoming of Counsel to Erickson & Sederstrom, P.C.
Attorney General of Nebraska (1991-2003)
Legal Counsel to the Governor of Nebraska (1979-1983)
University of Nebraska, Lincoln, B.A. (1970)
Harvard Business School, M.B.A. (1974)
Harvard Law School, J.D. (cum laude) (1974)
Partner, Shook, Hardy & Bacon LLP
Victor Schwartz chairs the firm's Public Policy Practice Group, which focuses on integrating litigation, government affairs and public relations. The group seeks to be the vanguard of developing public policy issues that will help improve our civil justice system. Mr. Schwartz also has an active appellate practice and advises product manufacturers on liability prevention, litigation and public relations issues.
Sought by print and broadcast media, Mr. Schwartz is frequently quoted in The Wall Street Journal, The Washington Post and The New York Times. He has appeared on Oprah, 60 Minutes and leading news programs. The Legal Times of Washington has named Mr. Schwartz one of Washington’s Top 30 “Visionary” lawyers, and The National Law Journal named Mr. Schwartz one of the 100 most influential lawyers in the United States in March 2013.
Mr. Schwartz is on the Board of Directors of the Searle Civil Justice Institute at George Mason University School of Law. He is a frequent participant in judicial education programs. Mr. Schwartz serves as General Counsel to the American Tort Reform Association.
Prior to entering the full time practice of law, Mr. Schwartz was a professor and dean at the University of Cincinnati College of Law. He currently serves on the College’s Board of Visitors. In 2012, the College established the Professor Victor E. Schwartz Chair in Tort Law.
Mr. Schwartz, while at the U.S. Department of Commerce, served as chair of the Federal Inter-Agency Task Force on Product Liability, and the Federal Inter-Agency Council on Insurance. He was the principal author of the Uniform Product Liability Act and the Federal Risk Retention Act. He received the Secretary of Commerce’s Award for Professional Excellence.
Mr. Schwartz is co-author of the most widely used torts casebook in the United States, Prosser, Wade and Schwartz’s Torts (12th ed. 2010). He is author of the leading text Comparative Negligence (5th ed. 2010).
Mr. Schwartz has been an advisor for each of the American Law Institute’s (ALI) Restatement (Third) of Torts projects; Products Liability, Apportionment of Liability, and Liability for Physical Injury and Emotional Harm. He is a life member of the ALI.
Mr. Schwartz’s law review articles have analyzed almost every major subject of modern tort and civil justice public policy issues. His articles are frequently cited by both state and federal courts.
Managing Director, Berkeley Research Group
Dan Troy is Managing Director and an expert witness on FDA matters at Berkeley Research Group. Previously he served as Chief Counsel of the US Food and Drug Administration and General Counsel of GlaxoSmithKline PLC.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
General Counsel, James Madison Center for Free Speech
United States Court of Appeals, Fourth Circuit
James Harvie Wilkinson III is an Article III federal judge on the United States Court of Appeals for the Fourth Circuit. He joined the Court in 1984 after being nominated by President Ronald Reagan.
Born in New York City, New York, Wilkinson graduated from Yale University with his Bachelor's degree in 1967. Wilkinson served in the United States Army from 1968 to 1969 and received his Juris Doctor degree from the University of Virginia School of Law in 1972.
On the recommendation of Virginia U.S. Senator John Warner, Wilkinson was nominated to the United States Court of Appeals for the Fourth Circuit by President Ronald Reagan on January 30, 1984 to a seat vacated by John Butzner, Jr.,. Wilkinson was confirmed by the Senate on August 9, 1984 on a Senate vote and received commission on August 13, 1984. Wilkinson served as the Chief Judge of the Court from 1996 to 2003.
Director, Project for International Religious Liberty, Hudson Institute
Michael J. Horowitz is director of Hudson Institute's Project for Civil Justice Reform and Project for International Religious Liberty. He served as general counsel for the Office of Management and Budget (OMB) under the Reagan Administration, and has taught law at the University of Mississippi and Georgetown. He has also practiced private law as a partner at national law firms. Horowitz joined Hudson Institute as a Senior Fellow where he has put together left-right coalitions on a wide variety of foreign and domestic issues. He has written frequently and is regularly called to testify and consult with Congress.
Shareholder, Greenberg Traurig LLP
Troy A. Eid focuses his litigation, mediation and transactional practice on government enforcement, investigations and compliance, environmental law, energy and natural resource development, and Federal Indian law and Native American and Alaska Native tribal law. Troy is a trusted advocate and mediator in the Rocky Mountain West and in federal, state and tribal trial and appellate courtrooms across the country.
Narrow Victory For Dentists In Supreme Court has Limited Significance for Future Antitrust Cases
Willard K. Tom, Elizabeth R. Hilder
Any new antitrust decision by the U.S. Supreme Court is bound to prompt a flurry...
Buckley v. Valeo Revisited
Joel M. Gora
Remarks of Professor Joel M. Gora at the Federalist Society's September 1999 Conference Editor's Note:...
Ban on Charitable Solicitations Likely Unconstitutional
Thomas B. Pahl, Maureen K. Ohlhausen
The Federal Trade Commission recently has obtained remedies in four cases that ban defendants from...
The Future of Miranda and the Exclusionary Rule
Michael O'Neill, Vivian Berger, Bradford A. Berenson, William G. Otis, Tim Lynch
Following are remarks from a panel discussion sponsored by the Criminal Law & Procedure Practice...
Firearms Litigation, Tort Liability, and the Second Amendment - A Symposium
Carl T. Bogus, John Coale, Nelson Lund, Donald B. Stenberg, Victor E. Schwartz
Editor's Note: At the 1999 National Lawyers Convention in Washington, D.C., the Civil Rights Practice Group...
FDA Censorship Could Cost Lives
Daniel E. Troy
Last month brought news that an inexpensive generic drug is remarkably effective in reducing congestive...
The Recent Controversy Over the Non Delegation Doctrine
Jeffrey Bossert Clark
On May 14, 1999, in American Trucking Association v. EPA2 the United States Court of...
Is Criticizing Affirmative Action Illegal in Chicago?
Eugene Volokh
Is it illegal to criticize affirmative action in public places in Chicago? The Chicago City...
Free Speech and the Christian Coalition Case
James Bopp, Heidi K. Meyer
After an intensive investigation, extensive discovery, and lengthy briefing, on August 2nd, Judge Joyce Hens...
Did the Law Cause Columbine?
George Nicholson, Ann Beeson, William F. Kilpatrick, J. Harvie Wilkinson, Michael J. Horowitz, James Rapp, Troy A. Eid
APPEARANCES:JUDGE GEORGE NICHOLSON (Court of Appeals, State of California)PANELISTS:MR. TROY EID (Discussion Leader) (Chief Counsel...