Partner, Faegre Drinker Biddle & Reath LLP
Brian J. Paul is an appellate lawyer and leads law teams in high-stakes commercial litigation. He has briefed and argued everything from weighty abstract constitutional issues to dollars-and-cents business issues and everything in-between, both on appeal and in trial courts around the country. A member of the American Law Institute, recent past-president of the Seventh Circuit Bar Association and top-tier ranked Chambers appellate lawyer, Brian had one client say about him: “Brian is one of the most respected and skilled appellate lawyers, not only in Indianapolis but across the country. He is trusted to deliver timely guidance on complex issues.” Another said: “He is excellent. I enjoyed working with him. He is able to put things into layman’s terms and explains things really well. His written and oral advocacy are short, crisp and to the point.”
Clients hire Brian to digest the complex, and make the complex simple and compelling for busy, generalist judges. In his writing, he strives to cut through jargon and legalese, and distill things down to what’s important. In his oral advocacy, by intense preparation, he strives to be the advocate whom judges trust for the right answers. In the dozens of cases he has argued, Brian has helped clients win on both sides of the “v.” His recent representations include:
Associate, Faegre Drinker
Melinda Hudson represents clients in a broad range of litigation, dispute resolution and regulatory matters. For state and federal trial and appellate courts, she has drafted motions and briefs on threshold issues of justiciability, the merits of federal and state constitutional and statutory claims, and other legal issues. Melinda’s experience also includes taking depositions of plaintiffs and other witnesses, working with expert witnesses, and presenting oral argument to state and federal courts of appeals.
Before joining Faegre Drinker, Melinda served as a deputy attorney general in the Solicitor General Division in the Office of the Indiana Attorney General. She represented the State of Indiana and its officers and agencies in courts including the Indiana Supreme Court, U.S. Court of Appeals for the Seventh Circuit and the Supreme Court of the United States. She drafted critical motions, appellate briefs, and amici curiae briefs led by Indiana and joined by dozens of other states. Melinda also argued as lead counsel in appellate cases before the Seventh Circuit and Indiana Court of Appeals, and prepared the solicitor general of Indiana for oral arguments in state and federal courts, including the U.S. Supreme Court.
Eric Criss is an independent scholar who recently published The Boss of New Orleans: Martin Behrman and Machine Politics in the Crescent City with the LSU Press. He taught advanced public policy at Florida State University, where he earned his PhD in history. Eric earned his MA in Government at John's Hopkins University and BA in Political Science at the University of Florida. Eric began his career with U.S. Senators Don Nickles of Oklahoma and Phil Gramm of Texas at the National Republican Senatorial Committee in Washington, D.C. He later served as staff member or consultant to Fortune 500 corporations, political parties, and presidential, congressional, and gubernatorial campaigns.
Justice, Michigan Supreme Court
Stephen Markman was appointed Justice of the Michigan Supreme Court on October 1, 1999. He served as the Chief Justice from 2017-2019. Before his appointment, he served as Judge on the Michigan Court of Appeals from 1995-1999. Prior to this, he practiced law with the firm of Miller, Canfield, Paddock & Stone in Detroit.
From 1989-1993, Justice Markman served as United States Attorney, or federal prosecutor, in Michigan, after having been nominated by President George H. W. Bush and confirmed by the United States Senate. From 1985-1989, he served as Assistant Attorney General of the United States, after having been nominated by President Ronald Reagan and confirmed by the United States Senate. In that position, he headed the Department of Justice’s Office of Legal Policy, which served as the principal policy development office within the Department, and which coordinated the federal judicial selection process. Prior to this, he served for seven years as Chief Counsel of the United States Senate Subcommittee on the Constitution, and as Deputy Chief Counsel of the United States Senate Judiciary Committee.
Justice Markman has authored articles for such publications as the University of Michigan Journal of Law Reform, the Detroit College of Law Review, the Stanford Law Review, the University of Chicago Law Review, the American Criminal Justice Law Review, the Barrister’s Law Journal, the Harvard Journal of Law & Public Policy, and the American University Law Review. He has also served as a contributing editor of National Review magazine, and has authored chapters in such books as “In the Name of Justice: The Aims of the Criminal Law,” “Still the Law of the Land,” and “Originalism: A Quarter Century of Debate.”
Justice Markman has taught constitutional law at Hillsdale College since 1993. He has served on the Board of Directors of the Western Michigan University Thomas M. Cooley Law School. He traveled to Ukraine on two occasions on behalf of the State Department, to provide assistance in the development of that nation’s post-Soviet constitution. He is a Fellow of the Michigan Bar Foundation, a Master of the Bench of the Inns of Court, and a member of the One Hundred Club. He has spoken before hundreds of youth, civic, charitable, and legal groups throughout Michigan and nationally, and has coached Little League baseball and basketball. He lives with his wife Mary Kathleen in Mason, and has two sons, James and Charles.
Justice Markman was re-elected to the Supreme Court in 2000, 2004, and 2012. His present term expires January 1, 2021.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Director of Housing Policy and the American Identity Project, Progressive Policy Institute
Richard D. Kahlenberg is the Director of Housing Policy at the Progressive Policy Institute, and the Director of the American Identity Project, where he is working on to strengthen American identity through public education. The author or editor of seventeen books, he has expertise in education, civil rights, and equal opportunity. Kahlenberg has been called “the intellectual father of the economic integration movement” in K–12 schooling and “arguably the nation’s chief proponent of class-based affirmative action in higher education admissions.” He is also an authority on teachers’ unions, charter schools, community colleges, housing segregation, and labor organizing.
Kahlenberg’s articles have been published in the New York Times, the Washington Post, the Wall Street Journal, The New Republic, and elsewhere. He has appeared on ABC, CBS, CNN, FOX, C-SPAN, MSNBC, and NPR.
Previously, Kahlenberg was a senior fellow at The Century Foundation. a fellow at the Center for National Policy, a visiting associate professor of constitutional law at George Washington University, and a legislative assistant to Senator Charles S. Robb (D-VA). He also serves on the advisory board of the Pell Institute, and the Albert Shanker Institute, and as a professorial lecturer at George Washington University’s Trachtenberg School of Public Policy and Public Administration. In addition, he is the winner of the William A. Kaplin Award for Excellence in Higher Education Law and Policy Scholarship. Reflecting on Kahlenberg’s work on higher education, William G. Bowen and Michael S. McPherson wrote that he “deserves more credit than anyone else for arguing vigorously and relentlessly for stronger efforts to address disparities by socioeconomic status.” He graduated from Harvard College and Harvard Law School and was a rotary scholar at the University of Nairobi School of Journalism.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Julius Kreeger Professor of Law & Criminology, University of Chicago Law School
Sonja Starr joined the University of Chicago law faculty after eleven years teaching at the University of Michigan, where she was the Henry M. Butzel Professor of Law. She previously taught at the University of Maryland and Harvard Law School after graduating from Yale Law. She also clerked for Judges Merrick Garland of the DC Circuit and Mohamed Shahabuddeen of the International Criminal Tribunals for Rwanda and the Former Yugoslavia.
Professor Starr's research focuses on the criminal justice system and on discrimination and disparity (in the criminal process and in other contexts, including employment, education, and health care). Her research blends quantitative empirical work with more traditional legal scholarship. Topics include the use of predictive algorithms in sentencing and bail, legal and empirical analyses of statistical discrimination, racialized medical algorithms, educational diversity and race-conscious policymaking, racial and other disparities in prosecution and sentencing, policies designed to expand employment opportunities for people with criminal records, and how neighborhoods affect employment discrimination patterns. Professor Starr’s work has appeared in, for example, the Quarterly Journal of Economics, the Journal of Political Economy, the Yale Law Journal, and the Stanford and Harvard Law Reviews. She has been the Law and Economics Section Chair of the American Association of Law Schools, a past co-president of the Society for Empirical Legal Studies, and a board member of the American Law and Economics Association. She teaches Criminal Law, the Constitutional Law Workshop, Race and Criminal Justice Policy, and Collateral Consequences of Criminal Convictions.
Attorney, Pacific Legal Foundation
Erin Wilcox joined PLF in 2018 and works primarily from Austin, Texas. She litigates cases around the country to secure the inalienable rights of all Americans to live responsibly and productively in their pursuit of happiness.
After graduating from law school, Erin defended the individual rights of employees as a litigator for the National Right to Work Legal Defense Foundation, was an attorney-advisor for the D.C. Public Employee Relations Board, and most recently fought for liberty in the Lone Star State as an attorney with the Texas Public Policy Foundation. During law school, Erin clerked at the Institute for Justice and was a Charles Koch Summer Fellow.
A native Texan, Erin ventured east after high school to earn a B.A. in history and political science from Wake Forest University and a J.D. from the Wake Forest University School of Law. In addition to liberty, Erin’s loves include college football, Texas barbecue, and a well-made Old Fashioned.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Director of Housing Policy and the American Identity Project, Progressive Policy Institute
Richard D. Kahlenberg is the Director of Housing Policy at the Progressive Policy Institute, and the Director of the American Identity Project, where he is working on to strengthen American identity through public education. The author or editor of seventeen books, he has expertise in education, civil rights, and equal opportunity. Kahlenberg has been called “the intellectual father of the economic integration movement” in K–12 schooling and “arguably the nation’s chief proponent of class-based affirmative action in higher education admissions.” He is also an authority on teachers’ unions, charter schools, community colleges, housing segregation, and labor organizing.
Kahlenberg’s articles have been published in the New York Times, the Washington Post, the Wall Street Journal, The New Republic, and elsewhere. He has appeared on ABC, CBS, CNN, FOX, C-SPAN, MSNBC, and NPR.
Previously, Kahlenberg was a senior fellow at The Century Foundation. a fellow at the Center for National Policy, a visiting associate professor of constitutional law at George Washington University, and a legislative assistant to Senator Charles S. Robb (D-VA). He also serves on the advisory board of the Pell Institute, and the Albert Shanker Institute, and as a professorial lecturer at George Washington University’s Trachtenberg School of Public Policy and Public Administration. In addition, he is the winner of the William A. Kaplin Award for Excellence in Higher Education Law and Policy Scholarship. Reflecting on Kahlenberg’s work on higher education, William G. Bowen and Michael S. McPherson wrote that he “deserves more credit than anyone else for arguing vigorously and relentlessly for stronger efforts to address disparities by socioeconomic status.” He graduated from Harvard College and Harvard Law School and was a rotary scholar at the University of Nairobi School of Journalism.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Julius Kreeger Professor of Law & Criminology, University of Chicago Law School
Sonja Starr joined the University of Chicago law faculty after eleven years teaching at the University of Michigan, where she was the Henry M. Butzel Professor of Law. She previously taught at the University of Maryland and Harvard Law School after graduating from Yale Law. She also clerked for Judges Merrick Garland of the DC Circuit and Mohamed Shahabuddeen of the International Criminal Tribunals for Rwanda and the Former Yugoslavia.
Professor Starr's research focuses on the criminal justice system and on discrimination and disparity (in the criminal process and in other contexts, including employment, education, and health care). Her research blends quantitative empirical work with more traditional legal scholarship. Topics include the use of predictive algorithms in sentencing and bail, legal and empirical analyses of statistical discrimination, racialized medical algorithms, educational diversity and race-conscious policymaking, racial and other disparities in prosecution and sentencing, policies designed to expand employment opportunities for people with criminal records, and how neighborhoods affect employment discrimination patterns. Professor Starr’s work has appeared in, for example, the Quarterly Journal of Economics, the Journal of Political Economy, the Yale Law Journal, and the Stanford and Harvard Law Reviews. She has been the Law and Economics Section Chair of the American Association of Law Schools, a past co-president of the Society for Empirical Legal Studies, and a board member of the American Law and Economics Association. She teaches Criminal Law, the Constitutional Law Workshop, Race and Criminal Justice Policy, and Collateral Consequences of Criminal Convictions.
Attorney, Pacific Legal Foundation
Erin Wilcox joined PLF in 2018 and works primarily from Austin, Texas. She litigates cases around the country to secure the inalienable rights of all Americans to live responsibly and productively in their pursuit of happiness.
After graduating from law school, Erin defended the individual rights of employees as a litigator for the National Right to Work Legal Defense Foundation, was an attorney-advisor for the D.C. Public Employee Relations Board, and most recently fought for liberty in the Lone Star State as an attorney with the Texas Public Policy Foundation. During law school, Erin clerked at the Institute for Justice and was a Charles Koch Summer Fellow.
A native Texan, Erin ventured east after high school to earn a B.A. in history and political science from Wake Forest University and a J.D. from the Wake Forest University School of Law. In addition to liberty, Erin’s loves include college football, Texas barbecue, and a well-made Old Fashioned.
Solicitor, U.S. Department of Labor
Jonathan Berry is Solicitor at the U.S. Department of Labor, in service to President Trump’s agenda to put American workers first. He leads the Department’s lawyers in advising the Secretary and agency leadership on all aspects of law and in representing the Department in court. He was previously managing partner at Boyden Gray PLLC, where he provided strategic counsel and litigated on issues at the intersection of law, politics, and public policy. Earlier, he headed the regulatory office at Labor, and also served at the Department of Justice, in the first Trump Administration. Mr. Berry served as a law clerk to Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit, and to Associate Justice Samuel A. Alito, Jr., of the Supreme Court of the United States.
Dean, Delaware Law School
Dean Todd Clark is Dean of Delaware Law School. He joins Delaware Law School after serving as Associate Dean of Academic Affairs & Professor of Law at St. Thomas University Benjamin L. Crump College of Law. Before St. Thomas, Dean Clark was Professor of Law at North Carolina Central University School of Law where he taught Business Associations, Contracts, Corporate Justice, Employment Discrimination, and Hip Hop, Law & Justice. At NCCU, he also served on the ABA Compliance team and was the Director of the Justice in the Practice of Law Certificate Program and the Director of New Initiatives. Before that, Dean Clark was a Lecturer in Law at West Virginia University College of Law, where he taught Legal Writing and Appellate Advocacy.
Dean Clark earned his B.A. in Political Science from Wittenberg University, his M.B.A. from West Virginia University College of Business and Economics, and his J.D. from University of Pittsburgh School of Law. Following his graduation from law school, he practiced law at the law firm of Steptoe & Johnson.
His scholarship includes a book, CORPORATE JUSTICE (Carolina Academic Press), as well as numerous law review articles and other scholarship on social justice, corporate discretion, and sexual harassment. He is currently working on a casebook on Sports Law.
Dean, Widener University Commonwealth Law School
André Douglas Pond Cummings is the incoming Dean of Widener University Commonwealth Law School. Dean cummings currently serves as associate dean for faculty development and the Charles C. Baum distinguished professor of law at the University of Arkansas at Little Rock’s William H. Bowen School of Law. During his time at the Bowen School of Law, cummings served for five years on the university Diversity Counsel and three years on the chancellor’s race and ethnicity advisory committee. Prior to joining the Bowen School of Law, cummings taught at the West Virginia University College of Law and clerked for Associate Chief Justice Christine M. Durham of the Utah Supreme Court and Chief Judge Joseph W. Hatchett of the United States Court of Appeals for the Eleventh Circuit. Dean cummings is a graduate of Brigham Young University and Howard University School of Law.
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.
United States District Judge, Eastern District of Pennsylvania
Judge Wolson was nominated to the United States District Court for the Eastern District of Pennsylvania in May 2018 and was confirmed in May 2019. Judge Wolson earned his J.D., cum laude, from Harvard Law School, B.A., magna cum laude, from the University of Pennsylvania. After graduating from law school, he served as a law clerk for Hon. Jan E. DuBois of the U.S. District Court for the Eastern District of Pennsylvania. He then maintained a complex commercial litigation practice, first as an associate with Covington & Burling in Washington, D.C., and then as a partner with Dilworth Paxson in Philadelphia.
Indiana Supreme Court Upholds Law Restricting Which Candidates Can Appear on Primary Ballots
Brian J. Paul, Melinda Hudson
Indiana requires candidates on a primary election ballot to demonstrate party affiliation by either (1)...
Integrity or Interference?: Evaluating the Constitutionality of Georgia's Election Integrity Act
Eric Criss
Recent political earthquakes such as the assassination attempt against former president Donald Trump and President...
Topics
Litigation Challenging School Gender Support Policies Hampered by Incorrect Analysis
More than 1,000 public school districts across the country in 38 states and the District...
Topics
21 State AGs Urge ABA to Modify Accreditation Standards To Comply With SFFA
The end of June will mark the one year anniversary of the Supreme Court striking...
Panel III: DEI in the Workplace and on Campus Post-SFFA 3:30 - 4:45 p.m.
2024 Third Circuit Chapters Conference
Philadelphia, PATopics
Alexander v. South Carolina State Conference of the NAACP: New Rules for Partisan Gerrymanders, But Possibly Limited Effect
How do you separate race and political preference when establishing new congressional districts? The federal...
Topics
Parental Rights and “Social Transitions” at School: Mead v. Rockford Public School District
When a child struggles with gender dysphoria, many public schools will intentionally and actively conceal...
Toward a More Confident State Constitutionalism
Steve J. Markman
This article is adapted from a speech Justice Markman delivered to the Florida Annual Education...
Discrimination By Proxy?: Arlington Heights Cases in the Post Students for Fair Admissions Era
Brian T. Fitzpatrick, Richard D. Kahlenberg, Dan Morenoff, Sonja B. Starr, Erin Wilcox
In the consolidated Students for Fair Admissions cases, the Supreme Court held unlawful the use of race...
Discrimination By Proxy?: Arlington Heights Cases in the Post Students for Fair Admissions Era
Brian T. Fitzpatrick, Richard D. Kahlenberg, Dan Morenoff, Sonja B. Starr, Erin Wilcox
In the consolidated Students for Fair Admissions cases, the Supreme Court held unlawful the use of race...