President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Partner, Goodwin Procter LLP
Jaime A. Santos is a partner in the firm’s Appellate Litigation practice. Her work focuses on appellate matters and complex civil litigation in federal courts, and she has experience in a wide range of areas including ERISA litigation, patent litigation, constitutional law, and product litigation. Ms. Santos has been the primary author of dozens of briefs filed in the Supreme Court, many more briefs filed in federal courts of appeals and federal district courts, and she has presented oral argument in state and federal trial and appellate courts. Ms. Santos also co-hosts the Supreme Court podcast Strict Scrutiny.
Ms. Santos maintains an active pro bono practice. She has been counsel of record in numerous criminal, immigration, and civil rights appeals in the Fourth, Seventh, and Ninth Circuits. She has also advocated on behalf of transgender litigants asserting constitutional claims before the Fourth Circuit and the Supreme Court, and represented a criminal defendant challenging his sentence before the Supreme Court. In 2015, Ms. Santos was honored by the Lawyers’ Committee for Civil Rights for her commitment to pro bono civil rights work.
In addition to her pro bono practice, Ms. Santos has been a thought leader in preventing and addressing bias and harassment in the legal profession. She speaks at conferences across the country and has published several articles on the topic. Since January 2018, she has advised numerous state and federal courts on improving the policies and processes governing inappropriate conduct in the workplace.
Ms. Santos serves on the MacArthur Justice Center Supreme Court & Appellate Advisory Board, and on the National Women’s Law Center’s Leadership Advisory Council.
Before joining Goodwin in 2013, Ms. Santos served as a law clerk to the Honorable George H. King of the U.S. District Court for the Central District of California, and to the Honorable Raymond C. Fisher of the U.S. Court of Appeals for the Ninth Circuit. In law school, she was a supervising editor for the Harvard Law Review.
Senior Litigation Counsel, New Civil Liberties Alliance
Jacob Huebert is Senior Litigation Counsel at the New Civil Liberties Alliance. He previously served as President and Director of Litigation of the Liberty Justice Center, where he successfully litigated cases to protect constitutional rights, including the landmark Janus v. AFSCME case, in which the U.S. Supreme Court upheld government employees’ First Amendment right to choose for themselves whether to pay money to a union. Jacob was also previously a Senior Attorney at the Goldwater Institute, where he litigated cases on free speech, property rights, and the Second Amendment.
Jacob and his work have appeared in numerous national media outlets, including the Wall Street Journal, New York Times, and Fox News Channel. He is also the author of a book, Libertarianism Today.
Jacob holds a B.A. in economics from Grove City College and a J.D. from the University of Chicago Law School. After law school, he served as a clerk to Judge Deborah Cook of the U.S. Court of Appeals for the Sixth Circuit. Jacob has served as an adjunct law professor at several law schools, teaching courses in advanced appellate advocacy, the law of payments, legal writing, and jurisprudence. Before working in public interest law, Jacob was a litigator in private practice.
R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
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.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of a casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 2d ed. 2024). He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). His next book, The Constitution of 1789: A New Introduction, is also forthcoming with Cambridge University Press.
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Partner, Goodwin Procter LLP
Jaime A. Santos is a partner in the firm’s Appellate Litigation practice. Her work focuses on appellate matters and complex civil litigation in federal courts, and she has experience in a wide range of areas including ERISA litigation, patent litigation, constitutional law, and product litigation. Ms. Santos has been the primary author of dozens of briefs filed in the Supreme Court, many more briefs filed in federal courts of appeals and federal district courts, and she has presented oral argument in state and federal trial and appellate courts. Ms. Santos also co-hosts the Supreme Court podcast Strict Scrutiny.
Ms. Santos maintains an active pro bono practice. She has been counsel of record in numerous criminal, immigration, and civil rights appeals in the Fourth, Seventh, and Ninth Circuits. She has also advocated on behalf of transgender litigants asserting constitutional claims before the Fourth Circuit and the Supreme Court, and represented a criminal defendant challenging his sentence before the Supreme Court. In 2015, Ms. Santos was honored by the Lawyers’ Committee for Civil Rights for her commitment to pro bono civil rights work.
In addition to her pro bono practice, Ms. Santos has been a thought leader in preventing and addressing bias and harassment in the legal profession. She speaks at conferences across the country and has published several articles on the topic. Since January 2018, she has advised numerous state and federal courts on improving the policies and processes governing inappropriate conduct in the workplace.
Ms. Santos serves on the MacArthur Justice Center Supreme Court & Appellate Advisory Board, and on the National Women’s Law Center’s Leadership Advisory Council.
Before joining Goodwin in 2013, Ms. Santos served as a law clerk to the Honorable George H. King of the U.S. District Court for the Central District of California, and to the Honorable Raymond C. Fisher of the U.S. Court of Appeals for the Ninth Circuit. In law school, she was a supervising editor for the Harvard Law Review.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
United States District Court, Central District of California
Andrew Guilford is a federal judge for the United States District Court for the Central District of California. He joined the court in 2006 after being nominated by President George W. Bush.
Born in Santa Monica, California, Guilford graduated from the University of California-Los Angeles with his Bachelor's Degree in 1972 and his Juris Doctor degree in 1975.
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).
Courthouse Steps Oral Argument Teleforum: Ford Motor Company v. Montana Eighth Judicial District Court
Karen Harned, Jaime A. Santos
Liability in motor vehicle accidents is frequently an issue necessitating litigation, but not typically at...
The Second Founding: Originalism and the Fourteenth Amendment
Connecticut Student Chapter
Hartford, CTCourthouse Steps Oral Argument Teleforum: Ford Motor Company v. Montana Eighth Judicial District Court
TeleforumState Court Docket Watch: State v. Arevalo
Jacob H. Huebert
People who want to challenge a state or federal law for violating their constitutional rights...
Born in the USA: A Debate on the Meaning of the Constitution’s Citizenship Clauses
Federalism and Separation of Powers Practice Group Event
TeleforumTopics
Only mostly dead? New Cert Petition presents Supreme Court with an opportunity to revisit the Privileges or Immunities Clause
A new petition for certiorari filed by the Institute for Justice asks the Supreme Court...
After Espinoza, What’s Left of the Establishment Clause?
Carl H. Esbeck
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Unleashed and Unbound: Living Textualism in Bostock v. Clayton County
Nelson Lund
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Fourth Circuit (Over Dissent): No Taking When Maryland Outlawed "Rapid Fire Trigger Activators"
Maryland outlawed "rapid fire trigger activators" ("devices that, when attached to a firearm, increase its...
Topics
A Fulfillment of Judicial Prophecy: The Clash Between Religious Liberty and Nondiscrimination Law Reaches the Supreme Court
Catholic Social Services (CSS) of Philadelphia has offered services to needy children and families since...