Welpton & Wise Professor of Law, University of Nebraska College of Law
Professor Rick Duncan is the Welpton & Wise Professor of Law at the University Of Nebraska College Of Law. He is a graduate of the Cornell Law School and served as an editor of the Cornell Law Review. He teaches Constitutional Law with a special emphasis on the law of religious freedom, free speech, and federalism. Duncan has written numerous books, articles, and commentaries on a wide variety of legal topics. His recent publications include an article on Justice Scalia’s legacy, another on Kermit Gosnell and Roe v. Wade, a piece on the Electoral College and Federalism, a 2019 piece on Masterpiece Cakeshop and the First Amendment, and three recent articles on the “no compelled speech” doctrine as a First Amendment defense against authoritarianism and tyranny. His most recent article, on School Choice and the First Amendment, will be published in 2023 in Case Western Law Review. He is also the co-author of a book on Secured Transactions under Article 9 of the UCC. He served as Chairman of the Nebraska Advisory Committee to the U.S. Commission on Civil Rights during the Reagan Administration. He also loves to speak at Federalist Society meetings around the country on life, liberty, and the pursuit of federalism.
Duncan has five children, five grandchildren, and a wonderful wife who help him pursue happiness. He loves lifting weights (particularly going heavy on the incline bench press), attending Broadway musicals and plays, including Hamilton: An American Musical which he has seen 12 times (possibly a Nebraska record). He regularly reads both the Bible and the New York Times because it is important to keep up with what both sides have to say. He loves following major league baseball, especially the San Diego Padres. And his favorite legal aphorism is “first come rights then comes government to secure those rights.”
Senior Counsel, Cahill Gordon & Reindel LLP
Floyd Abrams is Senior Counsel in Cahill Gordon & Reindel LLP's litigation practice group.
Floyd has a national trial and appellate practice and extensive experience in high-visibility matters, often involving First Amendment, securities litigation, intellectual property, public policy and regulatory issues. He has argued frequently in the Supreme Court in cases raising issues as diverse as the scope of the First Amendment, the interpretation of ERISA, the nature of broadcast regulation, the impact of copyright law and the continuing viability of the Miranda rule. Most recently, Floyd prevailed in his argument before the Supreme Court on behalf of Senator Mitch McConnell as amicus curiae, defending the rights of corporations and unions to speak publicly about politics and elections in Citizens United v. Federal Election Commission. Floyd's clients have included The McGraw-Hill Companies in a large number of litigations around the country involving claims against its subsidiary, Standard & Poor’s Financial Services LLC, The New York Times in the Pentagon Papers case and others, ABC, NBC, CBS, CNN, Time Magazine, Business Week, The Nation, Reader's Digest, Hearst, AIG, and others in trials, appeals and investigations.
Floyd has represented Standard & Poor’s in litigations about its ratings; he defended the Brooklyn Museum of Art in its legal battles with Mayor Rudolph Giuliani; he represented two of the nation’s largest insurers in litigation under Section 17200 in California and he has frequently testified before congressional committees and prepared clients to do so. In 1998, he represented CNN in investigating and issuing a report on its broadcast accusing the United States of using nerve gas on a military mission in Laos in 1970, and again in 1999 in seeking to persuade the United States Senate to permit the public to view its deliberations as it determined whether or not to convict President Clinton of alleged high crimes and misdemeanors. He represented Nina Totenberg and National Public Radio in the 1992 "leak" investigation conducted by the United States Senate arising out of the confirmation hearing of Justice Clarence Thomas and, in 2004 and 2005, Judith Miller and Matthew Cooper in their efforts to avoid revealing their confidential sources.
In 2006, Floyd was elected to the American Academy of Arts & Sciences, an independent research center that conducts multidisciplinary studies of complex and emerging problems advanced by its 4,600 elected members, who are leaders in the academic disciplines, the arts, business and public affairs from around the world. In 2015, Floyd was honored by Yale Law School with its prestigious Award of Merit. Also in 2015, Floyd received the Walter Cronkite Freedom of Information Award presented by the Connecticut Foundation for Open Government. In 2011, Floyd was awarded the CUNY Graduate School of Journalism's Lifetime Achievement Award. In 1998, Floyd was the recipient of the William J. Brennan, Jr. Award for outstanding contribution to public discourse; the Learned Hand Award of the American Jewish Committee; and the Thurgood Marshall Award of the Association of the Bar of the City of New York. In November, 1999, he received the William J. Brennan, Jr. award of the Libel Defense Resource Center. Floyd was awarded, in 1997, the Milton S. Gould Award for outstanding appellate advocacy by the Office of the Appellate Defender in New York. Previously he had been awarded the Ross Essay Prize of the American Bar Association for his study of the Ninth Amendment of the United States Constitution. He has also received awards from, among others, the American Jewish Congress, Catholic University, the New York and Philadelphia Chapters of the Society of Professional Journalists, Sigma Delta Chi, the New York Civil Liberties Union, the Association for Education in Journalism and Mass Communication, and the National Broadcast Editorial Association.
In November, 2011, Yale Law School announced the formation of The Floyd Abrams Institute for Freedom of Expression, whose mission is to promote free speech, scholarship and law reform on emerging questions concerning traditional and new media. Developed in cooperation with Floyd, the Institute includes a clinic for Yale Law students to engage in litigation, draft model legislation, and advise lawmakers and policy makers on issues of media freedom and informational access.
The American Bar Association awarded Floyd its Certificate of Merit for his article published in The New York Times Magazine entitled "The New Effort to Control Information," which was described by the ABA as a "noteworthy contribution to public understanding of the American system of law and justice."
Described by Senator Daniel Patrick Moynihan as "the most significant First Amendment lawyer of our age," Floyd is top-ranked by Chambers USA. He is listed in Who’s Who Legal, Who’s Who in American Law, and has been awarded with Lifetime Achievement Awards by The New York Law Journal and The American Lawyer (2013).
Floyd, who served as chairman of Mayor Edward Koch's Committee on Appointments, New York City, served as the Chairman of the New York State Zenger Commemoration Planning Committee. Previously, he served as the Chairman of the Communications Committee of the Association of the Bar of the City of New York, as well as Chairman of the Committee on Freedom of Speech and of the Press of the Individual Rights Section of the American Bar Association and of the Committee on Freedom of Expression of the Litigation Section of the American Bar Association.
He has appeared frequently on television on Nightline, the News Hour with Jim Lehrer, Charlie Rose and other programs and has published articles and reviews in The New York Times, The Washington Post, The Yale Law Journal, The Harvard Law Review, and elsewhere.
Floyd served on the Technology and Privacy Advisory Committee of the U.S. Department of Defense in 2003-4 and as the Chair of the New York State Commission on Public Access to Court Records in 2004.
For fifteen years, Floyd was the William J. Brennan, Jr. Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism. He has, as well, been a Visiting Lecturer at Yale Law School and Columbia Law School and he is author of Friend of the Court: On the Front Lines with the First Amendment, published by Yale University Press (2013) and Speaking Freely: Trials of the First Amendment, published by Viking Press (2005).
Justice, Fifth District Court of Appeals
Justice John Browning was appointed to the Fifth District Court of Appeals by Governor Greg Abbott on August 24, 2020. Before joining the Court, he was a trial and appellate lawyer for thirty-one years as a partner with large national law firms and his own small law firm. While in private practice, Justice Browning’s vast experience encompassed personal injury and wrongful death; product liability; commercial litigation; intellectual property disputes; employment matters; consumer protection and DTPA cases; professional liability; health care; class action litigation; defamation and media law; and cyberliability and data privacy. He is admitted in both Texas and Oklahoma, as well as before the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas, the Western District of Oklahoma, the U.S. Court of Appeals for the Fifth Circuit, and the U.S. Supreme Court.
Justice Browning received bachelors degrees in History and Comparative Literature in 1986 from Rutgers University, where he was a National Merit Scholar, Phi Beta Kappa, and Henry Rutgers Scholar. He received his J.D. in 1989 from the University of Texas School of Law, where he received awards for legal writing and advocacy. A former varsity tennis player and teaching professional, Justice Browning won tournaments at the local, state, national, and international levels. During his years in private practice, Justice Browning was rated “AV Preeminent” (5.0 out of 5.0) by Martindale-Hubbell, designated a “Texas Super Lawyer” from 2005-2020, and named to a variety of “Best Lawyers” lists and trial lawyer honorary societies.
Justice Browning has a long record of leadership and service to the bar, and has served as Chair of the Texas Bar Journal Editorial Advisory Board, as Chair of the Computer & Technology Section of the State Bar, as an appointed member of the Professional Ethics Committee, as a member of the State Bar Grievance Committee, as a member of the State Bar Jury Service Committee, and as President of the Rockwall County Bar Association. He also serves on the UT Law Alumni Association Executive Committee. Justice Browning is an elected member of the American Law Institute, a board member of SCRIBES, and a member of the Board of Trustees of the Texas Supreme Court Historical Society.
A noted legal author and CLE speaker, Justice Browning has received the Bar’s highest honors for legal writing, legal ethics, and public service. These include the State Bar of Texas Presidents’ Certificate of Merit; the Texas Bar Foundation’s Dan Rugeley Price Memorial Award; the Lola Wright Foundation Award for lifetime contributions to legal ethics; the Texas Bar College’s Patrick Nester Award for Outstanding Achievement in Continuing Legal Education; the Texas Bar College’s Jim Bowmer Professionalism Award; the Texas Bar Foundation’s Outstanding Law Review Article of the Year Award; the Texas Bar College’s Outstanding CLE Article of the Year Award; the Houston Bar Foundation’s Outstanding Legal Article of the Year Award; the DRI’s G. Duffield Smith Outstanding Publication of the Year Award; the J.L. Turner Foundation Award for Contributions to Legal History; and the Burton Award for Distinguished Achievement in Legal Writing (2009, 2010, 2012, 2014). Justice Browning is the author of four law books, more than forty law review articles, and hundreds of other articles on legal subjects.
Founder, Original Jurisdiction
David Lat is a lawyer turned writer. He publishes Original Jurisdiction, a newsletter on Substack about law and legal affairs, and he writes for newspapers and magazines, including the New York Times, Washington Post, and Wall Street Journal. Prior to launching Original Jurisdiction, David founded Above the Law, one of the nation's most widely read legal news websites, and Underneath Their Robes, a popular blog about federal judges that he wrote under a pseudonym. He is also the author of a novel set in the world of the federal courts, Supreme Ambitions. Before entering the media world, David worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz, in New York; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. David graduated from Harvard College and Yale Law School, where he served as an editor of the Yale Law Journal.
Judge, U.S. Court of Appeals, Fifth Circuit
Don Willett serves on the United States Court of Appeals for the Fifth Circuit.
Before joining the federal bench, Judge Willett served 13 years on the Supreme Court
of Texas. His career spans decades of public service, including roles as legal counsel to
a Texas Attorney General, a Texas Governor, a U.S. Attorney General, and the
President of the United States.
Raised by a heroic widowed mom in a doublewide trailer in a town of 32, Judge
Willett is his family’s first college graduate. He earned a triple-major B.B.A. from Baylor
University—where he serves on the Board of Regents—and three degrees from Duke
University—where he serves on the Board of Visitors: a J.D. with honors, an A.M. in
political science, and an LL.M. in judicial studies. After law school, he clerked on the
Fifth Circuit and practiced at Haynes and Boone before entering public service.
Judge Willett publishes widely in both leading law reviews and national media, including
The Yale Law Journal, The University of Pennsylvania Law Review, and The Wall Street
Journal. The longtime editor-in-chief of Judicature—the Scholarly Journal for Judges, he
holds academic appointments at various law schools and has received more than a
dozen Green Bag honors for “exemplary legal writing.” He was named Distinguished
Jurist of the Year by the Texas Review of Law & Politics, and he is a member of the
American Law Institute and a Life Fellow of the American, Texas, and Austin Bar
Foundations.
A onetime bull rider and professional drummer, Judge Willett was named “Tweeter
Laureate of Texas” in 2015. He is the namesake of Don R. Willett Elementary
School—home of mighty Willett Wranglers—located just a mile from where he grew up.
He and his radiant wife, Tiffany have three children—Jacob, Shane-David, and
Geneviève—plus the family pup, Amicus.
Jason Bedrick is director of policy for EdChoice. Previously, he was policy analyst with the Cato Institute’s Center for Educational Freedom. He also served as a legislator in the New Hampshire House of Representatives and was an education policy research fellow at the Josiah Bartlett Center for Public Policy.
Bedrick received his master’s degree in public policy from the John F. Kennedy School of Government at Harvard University, where he was a fellow at the Taubman Center for State and Local Government. His thesis, “Choosing to Learn,” assessed scholarship tax credit programs operating in eight states, including their program design, impact on student performance, fiscal impact, and popularity.
Senior Attorney, Pacific Legal Foundation
Oliver Dunford joined the Pacific Legal Foundation in March 2017. He litigates across the country to defend and advance individual liberty and the rule of law. Oliver’s cases involve the separation of powers, economic liberty, property rights, and the First Amendment.
Oliver remains inspired by the Classical Liberal ideals upon which our Founders declared independence and secured the blessings of liberty. The Constitution’s promises, however, are not self-executing. As James Madison explained, “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” Oliver feels lucky that his work helps oblige the government to control itself—to the end that all individuals may pursue their rights of life, liberty, and the pursuit of happiness.
Before joining PLF, Oliver clerked at the Ohio Supreme Court and the Ohio Court of Appeals, and spent more than a decade in private practice working on complex commercial litigation. Originally from Cleveland, Oliver is a graduate of the University of Dayton and Cleveland-Marshall College of Law, where he was a managing editor for the Cleveland State Law Review. Oliver is admitted to the state bars of Florida, California, and Ohio, as well as several federal courts including the United States Supreme Court.
Oliver spends all of his free time following the Cleveland Indians.
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
Topics
Docket Watch: Bormuth v. County of Jackson
If you’re looking for evidence that Establishment Clause jurisprudence is a mess, look no further...
Masterpiece Cakeshop and the First Amendment"
Brigham Young Student Chapter
Provo, UTThe Impact of Trinity Lutheran and Matal on Free Exercise and Free Speech
Salt Lake City Lawyers Chapter
Salt Lake City , UTBeer and the First Amendment
New York City Young Lawyers Chapter
New York, NYAnalyzing Gill v. Whitford
Cincinnati Lawyers Chapter
Cincinnati , OHTopics
Docket Watch: The Constitutionality of School Choice Tax Credits (Gaddy v. Georgia Department of Revenue)
The Georgia Supreme Court’s unanimous decision in Gaddy v. Georgia Department of Revenue continues the...
The Constitutionality of School Choice Tax Credits (Gaddy v. Georgia Department of Revenue)
Jason Bedrick
The Georgia Supreme Court’s unanimous decision in Gaddy v. Georgia Department of Revenue continues the unbroken record...
Judges, Social Media, and the First Amendment
Southern Methodist Student Chapter
Dallas, TXBurgess v. FDIC, the Appointments Clause, and the Separation of Powers
Oliver Dunford
Last week, the Fifth Circuit became the third circuit court to consider whether administrative law...
Bormuth v. County of Jackson
John J. Bursch
If you’re looking for evidence that Establishment Clause jurisprudence is a mess, look no further...