Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary, Walmart Inc.
Rachel Brand is Walmart’s executive vice president of global governance, chief legal officer, and corporate secretary. She oversees the company’s global legal, compliance, ethics, corporate governance, digital citizenship, aviation, investigative, and corporate security functions, including Walmart’s Emergency Operations Center.
Immediately before joining Walmart, Rachel served as the United States Associate Attorney General and holds the distinction of being the first woman to serve in this role. She had previously served in the U.S. Department of Justice as the Assistant Attorney General for the Office of Legal Policy during President George W. Bush’s administration. Her other government service includes an appointment by President Obama to serve as a Member of the U.S. Privacy and Civil Liberties Oversight Board, service as an Associate Counsel to the President at the White House, and judicial clerkships with Justice Charles Fried of the Supreme Judicial Court of Massachusetts and Justice Anthony Kennedy at the Supreme Court of the United States. In the private sector, Rachel was a lawyer in private practice at two law firms in Washington, D.C. and served as the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce Litigation Center.
Rachel serves on the board of directors for the Walmart Foundation and is the executive sponsor for Walmart’s Tribal Voices Associate Resource Group. Outside of Walmart, she serves on the board of directors for the International Justice Mission and is a member of The American Law Institute.
Rachel earned her Bachelor of Arts degree from the University of Minnesota-Morris and her J.D. from Harvard Law School.
Partner, Clement & Murphy, PLLC
Paul served as the 43rd Solicitor General of the United States from June 2005 until June 2008. Before his confirmation as Solicitor General, he served as Acting Solicitor General for nearly a year and as Principal Deputy Solicitor General for over three years.
Paul has argued over 100 cases before the United States Supreme Court, including McConnell v. FEC, Tennessee v. Lane, United States v. Booker, MGM v. Grokster, Hobby Lobby v. Burwell, Epic Systems Corp. v. Lewis, Rucho v. Common Cause, Facebook v. Duguid, and TransUnion v. Ramirez. Paul has argued more Supreme Court cases since 2000 than any lawyer in or out of government. He has also argued many important cases in the lower courts, including Walker v. Cheney, United States v. Moussaoui and NFL v. Brady.
Paul’s practice focuses on appellate matters, constitutional litigation and strategic counseling. He represents a broad array of clients in the Supreme Court and in federal and state appellate courts. Last year, for example, he successfully argued Supreme Court cases involving significant issues of energy regulation, statutory interpretation, state sovereign immunity and Article III standing, and successfully argued a trademark appeal in the Fourth Circuit, and a constitutional appeal before the en banc Eleventh Circuit.
Paul focuses on high-stakes appeals. In recent years, he successfully defended a $1.2 billion jury verdict for clients in a Tenth Circuit case, while securing the reversal of an over $2 billion jury verdict for another client in the Seventh Circuit and the approval of a nearly $1 billion dollar class action settlement in the Third Circuit. He has initiated major administrative law challenges and constitutional litigation against the federal government, such as the successful challenge to the HHS drug-pricing rule and threatened challenges that led to the withdrawal of the Treasury Department’s proposed cryptocurrency regulations. He also counsels clients on a variety of strategic legal questions, whether arising from pending legislation, government inquiries or ongoing litigation.
Paul has undertaken substantial pro bono engagements in the Supreme Court, such as twice successfully representing the defendant in Bond v. United States and successfully representing the Omaha Tribe in Nebraska v. Parker, the guardian ad litem in Adoptive Couple v. Baby Girl, the defendant in Sekhar v. United States, a high school football coach in Kennedy v. Bremerton, and the Little Sisters of the Poor. Paul’s pro bono representation also precipitated the federal government’s confession of error in United States v. Rojas.
Following law school, Paul clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. After his clerkships, he went on to serve as Chief Counsel of the U.S. Senate Subcommittee on the Constitution, Federalism and Property Rights.
Paul is a Distinguished Lecturer in Law at the Georgetown University Law Center, where he has taught in various capacities since 1998. He also serves as a Senior Fellow of the Law Center’s Supreme Court Institute. He is the Justice Joseph Story Distinguished Practitioner in Residence at the Gray Center at Scalia Law School.
Supreme Court Correspondent, The New York Times
Adam Liptak covers the Supreme Court for The New York Times. Liptak’s column on legal affairs, “Sidebar,” appears every other Tuesday.
A graduate of Yale College and Yale Law School, Liptak practiced law at a large New York City law firm and in the legal department of The New York Times Company before joining the paper’s news staff in 2002.
Liptak was a finalist for the Pulitzer Prize in explanatory reporting in 2009 for “American Exception,” a series of articles examining ways in which the American legal system differs from those of other developed nations. He received the 2010 Scripps Howard Award for Washington reporting for a five-part series on the Roberts Court.
He is the author of “To Have and Uphold: The Supreme Court and the Battle for Same-Sex Marriage.”
His journalism has appeared in The New Yorker, Vanity Fair, Business Week and Rolling Stone, and he has published articles in The Arizona Law Review, The Michigan Law Review and The New York University Annual Survey of American Law.
Liptak has taught courses at Yale, Columbia, the University of Chicago, Washington University in St. Louis, the University of Southern California and U.C.L.A. He is a member of the American Academy of Arts and Sciences.
Senior Fellow, FIRE and CEO Emeritus, National Constitution Center
Jeffrey Rosen is a senior FIRE fellow as well as the host of “The Blessings of Liberty” podcast, presented by FIRE. He is also the CEO emeritus of the National Constitution Center, a professor of law at the George Washington University Law School, and a contributing editor of The Atlantic. He was previously the legal affairs editor of The New Republic and a staff writer for The New Yorker.
Rosen is the author of the New York Times bestsellers The Pursuit of Happiness and Conversations with RBG. His new book is The Pursuit of Liberty: How Hamilton vs. Jefferson Ignited the Lasting Battle Over Power in America.
Rosen is a graduate of Harvard College; Oxford University, where he was a Marshall Scholar; and Yale Law School. He is an elected member of the American Philosophical Society and the American Law Institute. In 2024, the French government recognized him as a Chevalier in the Ordre des Arts et des Lettres.
Partner, Davis Polk & Wardwell LLP
Kannon is the head of our Supreme Court & Appellate practice. He has argued 39 cases before the U.S. Supreme Court and has argued more than 150 appeals in courts across the country, including every federal court of appeals and numerous state courts.
Kannon is ranked as a “Star Individual” in appellate law by Chambers USA, where a client notes, “It’s hard to think of enough superlatives to describe his talent, his judgment, his ability, his experience – he is as good as it gets.” Legal 500 U.S. recognizes Kannon in its Hall of Fame for appellate work. A client shares, “His work is the best in the business, and he is a wonderful human being in addition to being a world-class appellate litigator.”
In 2024 and 2022, Kannon was a finalist for the American Lawyer’s “Litigator of the Year” award. He was named “Appellate Litigator of the Year” by Benchmark Litigation in 2021 and was a 2026 finalist for that recognition.
Before entering private practice, Kannon served as an Assistant to the Solicitor General at the U.S. Department of Justice.
Partner, Davis Polk & Wardwell LLP
Kenneth Wainstein is a partner at Davis Polk & Wardwell, where he focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. Ken spent over 20 years in a variety of law enforcement and national security positions in the government. Between 1989 and 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled criminal prosecutions ranging from public corruption to gang prosecution cases and held a variety of supervisory positions, including Acting United States Attorney. In 2001, he was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys’ Offices. Between 2002 and 2004, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller III. In 2004, Ken was appointed and then confirmed as United States Attorney for the District of Columbia, where he had the privilege to lead the largest United States Attorney’s Office in the country. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ’s law enforcement and intelligence activities on counterterrorism and counterintelligence matters. In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.
Oppenheim Professor Emeritus of Antitrust and Trade Regulation Law, George Washington University Law School
Thomas D. Morgan is Oppenheim Professor of Antitrust and Trade Regulation Law Emeritus at George Washington University. He was Dean of the Emory University School of Law and on the faculties of the University of Illinois and Brigham Young University. He is co-author of Problems and Materials on Professional Responsibility (14th Ed. 2022), with Professors Mitt Regan and John Dzienkowski. Professor Morgan served as an Associate Reporter for both the American Law Institute’s Restatement of the Law (Third): The Law Governing Lawyers and the American Bar Association’s Ethics 2000 Commission. He is an Executive Committee member of the Federalist Society’s Professional Responsibility and Legal Education Practice Group and a member of the ABA Business Law Section’s Professional Responsibility committee. His book, “The Vanishing American Lawyer” (2010), was published by Oxford University Press.
Executive Director, Argos Remembers
Anthony Davis is best described as a lawyer's lawyer. Mr. Davis is a member of the Lawyers for the Profession® practice group and his practice focuses on the laws that govern lawyers. He advises attorneys and law firms on legal professional and ethics issues, law firm creation, merger and dissolution, and issues relating to risk management and loss control.
Mr. Davis joined Hinshaw & Culbertson LLP in February 2003. He is a Past President of the Association of Professional Responsibility Lawyers (APRL). He is also a Member and Immediate Past Chair of the Committee on Legal Education and Admission to the Bar, a Member of the Special Committee on the Bar Exam and of the Law Practice Management Committee of the New York State Bar Association; a Member of the Committee on Professional Responsibility of the New York City Bar; a Fellow of the College of Law Practice Management; a Member of the American Law Institute; and a Fellow of the American Bar Foundation.
Mr. Davis is a Lecturer-in-Law at the Columbia University School of Law, teaching "Anatomy of Large Law Firms." As an Adjunct Professor of Law, Mr. Davis taught "Legal Profession" at Brooklyn Law School for many years.
Mr. Davis is the co-author of "Risk Management: Survival Tools for Law Firms, 2nd Edition," and of "The Essential Formbook: Comprehensive Practice Management Tools for Lawyers," both published by the American Bar Association.
In addition to his books, he has written and lectured widely on a variety of legal profession and ethics issues, including a regular bi-monthly column on professional responsibility in the New York Law Journal.
Mr. Davis is also a popular lecturer and panelist, drawing on his many years of teaching experience when speaking to bar associations and law firms throughout the United States on all aspects of professional responsibility, the law as it affects lawyers, law practice and risk management.
Professor Emeritus of Law, Indiana University; Co-Author, The Law of Lawyering
After graduating with honors from Harvard College in 1966, and from Rutgers Law School with highest honors in 1969, W. William Hodes began practice in a small civil rights and personal injury firm in New Orleans, where he had lived as a child. During the next eight years, he worked in Newark, New Jersey, first for the Kenneth Gibson administration, and then as senior staff attorney for the Education Law Center, a public interest law firm funded by the Ford Foundation.
In 1979, Hodes returned to the legal academy, first as a Bigelow Teaching Fellow at the University of Chicago Law School, and then as a Professor of Law at the Indiana University School of Law in Indianapolis. For the next twenty years, Professor Hodes taught in the areas of Civil Procedure, Constitutonal Law, Federal Courts, Administrative Law, and Professional Responsibility. He gained a national reputation as a scholar, consultant, and expert witness in the areas of Legal Ethics and Professional Responsbility, as they were then known.
Beginning in 1985 however, those subjects began to be known as "The Law of Lawyering," after a book of that name was published, co-authored by Professor Hodes and Professor Geoffrey C. Hazard, Jr., who had served as the Reporter to the Kutak Commission that developed the Model Rules of Professional Conduct. The treatise, which is now in its fourth edition and updated twice a year by Hodes and new co-author Peter R. Jarvis of Portland, Oregon, has become a mainstay resource for both the practicing bar and the academic community, and is often cited in court and ethics committee opinions.
While in the academy, Professor Hodes took two unusual sabbatical leaves. In the Spring of 1989, Hodes, who had spent his junior high school years in Beijing and is still fluent in Chinese, was a Visiting Scholar and Lecturer at the China University of Politics and Law, teaching a course in American Civil Procedure and conducting research into Chinese People's Mediation. (The course was suspended in April, when the events leading to the June 4th Tiananmen Massacre began to unfold, and Professor Hodes began to accompany his students on protest marches.)
During the October 1996 Term of the United States Supreme Court, Professor Hodes served as law clerk to Justice Ruth Bader Ginsburg, who had been his Civil Procedure and Conflicts of Law professor some thirty years earlier, during her Rutgers days. According to knowledgeable sources, Hodes was the oldest person to have served as a law clerk since the early 19th Century.
In 1999, W. William Hodes retired from law teaching (at age 56) in order to establish the William Hodes Professional Corporation, which was later renamed The William Hodes Law Firm; he became Professor Emeritus of Law at Indiana University as the new century began. Through this solo practice, Hodes can now devote full time to providing representation, consultation, expert testimony, legal opinions, and other counsel and assistance to lawyers in the areas of The Law of Lawyering, and Constitutional, Appellate, Supreme Court, and other complex litigation.
Independent Analyst, None
Allison Hayward most recently served as the Head of Case Selection at the Oversight Board. Previously, she was a Commissioner at the California Fair Political Practices Commission, a Board Member at the Office of Congressional Ethics, and an Assistant Professor of Law at George Mason University School of Law. She also previously worked as Chief of Staff and Counsel in the office of Federal Election Commission Commissioner Bradley A. Smith and practiced election law in California and in Washington DC.
In 1994-1995, Professor Hayward was a judicial clerk for the Honorable Danny J. Boggs, United States Court of Appeal for the Sixth Circuit.
She is a member of the State Bar of California and the District of Columbia Bar.
Managing Director, Lexpat Global Services
Adam R. Pearlman is the Founder and Managing Director of Lexpat Global Services, an international law and consulting services firm specializing in security, defense, investigations, compliance, and training. A Special Advisor to and member of the Executive Committee of the Federalist Society’s International and National Security Law Practice Group, he is National Security Law expert and a proven senior leader with more than fifteen years of experience across the U.S. Departments of Justice, Defense, and State, in the White House, and with the U.S. Federal Judiciary.
Most recently, he served as the Senior Advisor for Legal Policy in the State Department’s Bureau of Counterterrorism, where he counseled senior officials on matters covering the entire spectrum of programs and operations to counter terrorism and violent extremism. While participating in sensitive diplomatic engagements and helping to coordinate military operations, he also advised in the development of sanctions policy and initiatives to build legal and operational capacity in partner nations. Mr. Pearlman also managed the Bureau’s participation in federal litigation and led U.S. delegations in multilateral forums concerning criminal justice and rule of law.
A former Associate Deputy General Counsel of the Department of Defense, Mr. Pearlman was agency counsel for complex civil and criminal national security matters in federal and military courts, and led the Supreme Court and appellate unit of the team dedicated to litigating classified counterterrorism cases. His earlier service in the Department of Justice spanned four litigating divisions and the Office of the Deputy Attorney General. His diverse experience included reviewing complex international transactions and mergers, and advising on immigration removal proceedings, human rights abuses, and terrorist financing investigations. Mr. Pearlman also served with distinction in Iraq as an early advisor to the Iraqi High Tribunal’s prosecution of Saddam Hussein. He was a law clerk for The Honorable Royce C. Lamberth, and during law school interned in the White House Counsel’s Office.
Mr. Pearlman is a Term Member of the Council on Foreign Relations, a Visiting Fellow at the National Security Institute at George Mason University’s Antonin Scalia Law School, a member of the American Bar Association’s Africa Law Initiative Council, and a member of the Center for Strategic & International Studies’ Project on Nuclear Issues. He is a former National Security Fellow at the Foundation for Defense of Democracies, vice chairman of the ABA Section of International Law’s committees on national security, and aerospace and defense, and also previously served as a liaison to the Board of Directors of the ABA’s Rule of Law Initiative. He has been co-editor of the U.S. Intelligence Community Law Sourcebook since 2011 and has published articles in the Harvard National Security Journal, Stanford Law & Policy Review, and Intelligence & National Security.
Mr. Pearlman earned his B.A., with honors, from UCLA, and his J.D., with honors, from The George Washington University Law School, where he was a member of the International Law Review. He also earned a Master of Science of Strategic Intelligence degree from the National Intelligence University, where he was the inaugural recipient of the Kornblum Award for national security law and ethics. Mr. Pearlman speaks and reads Portuguese at the intermediate level and holds certificates in international human rights law from the University of Oxford and in U.S. and international anti-corruption law from American University’s Washington College of Law. He is admitted to the State Bars of California and Virginia, as well as to the Bar of the United States Supreme Court.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Associate Professor, Boston College Law School
David Olson is an associate professor and the Faculty Director of the Program on Innovation and Entrepreneurship. He teaches patent law, intellectual property law, antitrust law, and various seminars. His research and writing primarily focus on patents, copyrights, antitrust, and incentives for innovation and competition. Since joining BC Law in 2007, he has been recognized for his teaching excellence and contributions. In 2011, he received the Business & Law Society Faculty Award for Achievement in Business & Law. In 2012, he received the Professor Emil Slizewski Award for Faculty Excellence. For one semester in 2015, Olson served as a visiting professor at Pontifical Catholic University, Rio de Janeiro, Brazil, where he conducted research and taught a course on intellectual property.
Olson has published scholarly articles on patent law, copyright law, antitrust, music licensing, and first amendment copyright issues. His writing has been cited in Supreme Court and other legal opinions. He has testified before the U.S. Congress on matters of drug patents, FDA regulation, and antitrust.
The media frequently seeks Olson’s insights and opinions. He has been quoted in the Wall Street Journal, Associated Press, and Reuters, among others. He has appeared as a guest panelist on WBUR’s Radio Boston, WAMU's Kojo Namdi Show, and Public Radio Canada. His op-eds have appeared in the Chicago Tribune, Washington Times, and The Hill.
Olson came to Boston College from Stanford Law School's Center for Internet and Society, where he conducted research on patent law and litigated copyright fair use impact cases. Before entering academia, Olson practiced law as a patent litigator. He clerked for Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit.
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.
U.S. District Court for the Eastern District of Pennsylvania
Hugh and Hazel Darling Foundation Professor of Law; Director, Center for the Study of Constitutional Originalism, University of San Diego School of Law
Senior Fellow, FIRE and CEO Emeritus, National Constitution Center
Jeffrey Rosen is a senior FIRE fellow as well as the host of “The Blessings of Liberty” podcast, presented by FIRE. He is also the CEO emeritus of the National Constitution Center, a professor of law at the George Washington University Law School, and a contributing editor of The Atlantic. He was previously the legal affairs editor of The New Republic and a staff writer for The New Yorker.
Rosen is the author of the New York Times bestsellers The Pursuit of Happiness and Conversations with RBG. His new book is The Pursuit of Liberty: How Hamilton vs. Jefferson Ignited the Lasting Battle Over Power in America.
Rosen is a graduate of Harvard College; Oxford University, where he was a Marshall Scholar; and Yale Law School. He is an elected member of the American Philosophical Society and the American Law Institute. In 2024, the French government recognized him as a Chevalier in the Ordre des Arts et des Lettres.
Gerald Ratner Distinguished Service Professor of Law, Faculty Director of the Jenner & Block Supreme Court and Appellate Clinic, University of Chicago Law School
David Strauss graduated from Harvard College summa cum laudein 1973. He then spent two years at Magdalen College, Oxford, on the Marshall Scholarship and received a BPhil in politics from Oxford in 1975. In 1978, he graduated magna cum laude from Harvard Law School, where he was developments editor of theLaw Review. Before joining the Law School faculty, he worked as an Attorney-Adviser in the Office of Legal Counsel of the US Department of Justice and was an Assistant to the Solicitor General of the United States.
Strauss joined the Law School faculty in 1985. He has published articles on a variety of subjects, principally in constitutional law and related areas, and recently published The Living Constitution (Oxford University Press, 2010). He is, with Geoffrey Stone and Dennis Hutchinson, editor of the Supreme Court Review. He has been a visiting professor at Harvard and Georgetown. He is a Fellow of the American Academy of Arts and Sciences.
Strauss has argued nineteen cases before the United States Supreme Court. In 1990, he served as Special Counsel to the Committee on the Judiciary of the United States Senate. He is a member of the national Board of Directors of the American Constitution Society. He has also served Chair of the Board of Trustees of the University of Chicago Laboratory Schools and as a member of the Board of Governors of the Chicago Council of Lawyers. In addition to his current teaching interests - constitutional law, federal jurisdiction, elements of the law, and administrative law - he has taught civil procedure and torts.
Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary, Walmart Inc.
Rachel Brand is Walmart’s executive vice president of global governance, chief legal officer, and corporate secretary. She oversees the company’s global legal, compliance, ethics, corporate governance, digital citizenship, aviation, investigative, and corporate security functions, including Walmart’s Emergency Operations Center.
Immediately before joining Walmart, Rachel served as the United States Associate Attorney General and holds the distinction of being the first woman to serve in this role. She had previously served in the U.S. Department of Justice as the Assistant Attorney General for the Office of Legal Policy during President George W. Bush’s administration. Her other government service includes an appointment by President Obama to serve as a Member of the U.S. Privacy and Civil Liberties Oversight Board, service as an Associate Counsel to the President at the White House, and judicial clerkships with Justice Charles Fried of the Supreme Judicial Court of Massachusetts and Justice Anthony Kennedy at the Supreme Court of the United States. In the private sector, Rachel was a lawyer in private practice at two law firms in Washington, D.C. and served as the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce Litigation Center.
Rachel serves on the board of directors for the Walmart Foundation and is the executive sponsor for Walmart’s Tribal Voices Associate Resource Group. Outside of Walmart, she serves on the board of directors for the International Justice Mission and is a member of The American Law Institute.
Rachel earned her Bachelor of Arts degree from the University of Minnesota-Morris and her J.D. from Harvard Law School.
Partner, Clement & Murphy, PLLC
Paul served as the 43rd Solicitor General of the United States from June 2005 until June 2008. Before his confirmation as Solicitor General, he served as Acting Solicitor General for nearly a year and as Principal Deputy Solicitor General for over three years.
Paul has argued over 100 cases before the United States Supreme Court, including McConnell v. FEC, Tennessee v. Lane, United States v. Booker, MGM v. Grokster, Hobby Lobby v. Burwell, Epic Systems Corp. v. Lewis, Rucho v. Common Cause, Facebook v. Duguid, and TransUnion v. Ramirez. Paul has argued more Supreme Court cases since 2000 than any lawyer in or out of government. He has also argued many important cases in the lower courts, including Walker v. Cheney, United States v. Moussaoui and NFL v. Brady.
Paul’s practice focuses on appellate matters, constitutional litigation and strategic counseling. He represents a broad array of clients in the Supreme Court and in federal and state appellate courts. Last year, for example, he successfully argued Supreme Court cases involving significant issues of energy regulation, statutory interpretation, state sovereign immunity and Article III standing, and successfully argued a trademark appeal in the Fourth Circuit, and a constitutional appeal before the en banc Eleventh Circuit.
Paul focuses on high-stakes appeals. In recent years, he successfully defended a $1.2 billion jury verdict for clients in a Tenth Circuit case, while securing the reversal of an over $2 billion jury verdict for another client in the Seventh Circuit and the approval of a nearly $1 billion dollar class action settlement in the Third Circuit. He has initiated major administrative law challenges and constitutional litigation against the federal government, such as the successful challenge to the HHS drug-pricing rule and threatened challenges that led to the withdrawal of the Treasury Department’s proposed cryptocurrency regulations. He also counsels clients on a variety of strategic legal questions, whether arising from pending legislation, government inquiries or ongoing litigation.
Paul has undertaken substantial pro bono engagements in the Supreme Court, such as twice successfully representing the defendant in Bond v. United States and successfully representing the Omaha Tribe in Nebraska v. Parker, the guardian ad litem in Adoptive Couple v. Baby Girl, the defendant in Sekhar v. United States, a high school football coach in Kennedy v. Bremerton, and the Little Sisters of the Poor. Paul’s pro bono representation also precipitated the federal government’s confession of error in United States v. Rojas.
Following law school, Paul clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. After his clerkships, he went on to serve as Chief Counsel of the U.S. Senate Subcommittee on the Constitution, Federalism and Property Rights.
Paul is a Distinguished Lecturer in Law at the Georgetown University Law Center, where he has taught in various capacities since 1998. He also serves as a Senior Fellow of the Law Center’s Supreme Court Institute. He is the Justice Joseph Story Distinguished Practitioner in Residence at the Gray Center at Scalia Law School.
Supreme Court Correspondent, The New York Times
Adam Liptak covers the Supreme Court for The New York Times. Liptak’s column on legal affairs, “Sidebar,” appears every other Tuesday.
A graduate of Yale College and Yale Law School, Liptak practiced law at a large New York City law firm and in the legal department of The New York Times Company before joining the paper’s news staff in 2002.
Liptak was a finalist for the Pulitzer Prize in explanatory reporting in 2009 for “American Exception,” a series of articles examining ways in which the American legal system differs from those of other developed nations. He received the 2010 Scripps Howard Award for Washington reporting for a five-part series on the Roberts Court.
He is the author of “To Have and Uphold: The Supreme Court and the Battle for Same-Sex Marriage.”
His journalism has appeared in The New Yorker, Vanity Fair, Business Week and Rolling Stone, and he has published articles in The Arizona Law Review, The Michigan Law Review and The New York University Annual Survey of American Law.
Liptak has taught courses at Yale, Columbia, the University of Chicago, Washington University in St. Louis, the University of Southern California and U.C.L.A. He is a member of the American Academy of Arts and Sciences.
Senior Fellow, FIRE and CEO Emeritus, National Constitution Center
Jeffrey Rosen is a senior FIRE fellow as well as the host of “The Blessings of Liberty” podcast, presented by FIRE. He is also the CEO emeritus of the National Constitution Center, a professor of law at the George Washington University Law School, and a contributing editor of The Atlantic. He was previously the legal affairs editor of The New Republic and a staff writer for The New Yorker.
Rosen is the author of the New York Times bestsellers The Pursuit of Happiness and Conversations with RBG. His new book is The Pursuit of Liberty: How Hamilton vs. Jefferson Ignited the Lasting Battle Over Power in America.
Rosen is a graduate of Harvard College; Oxford University, where he was a Marshall Scholar; and Yale Law School. He is an elected member of the American Philosophical Society and the American Law Institute. In 2024, the French government recognized him as a Chevalier in the Ordre des Arts et des Lettres.
Partner, Davis Polk & Wardwell LLP
Kannon is the head of our Supreme Court & Appellate practice. He has argued 39 cases before the U.S. Supreme Court and has argued more than 150 appeals in courts across the country, including every federal court of appeals and numerous state courts.
Kannon is ranked as a “Star Individual” in appellate law by Chambers USA, where a client notes, “It’s hard to think of enough superlatives to describe his talent, his judgment, his ability, his experience – he is as good as it gets.” Legal 500 U.S. recognizes Kannon in its Hall of Fame for appellate work. A client shares, “His work is the best in the business, and he is a wonderful human being in addition to being a world-class appellate litigator.”
In 2024 and 2022, Kannon was a finalist for the American Lawyer’s “Litigator of the Year” award. He was named “Appellate Litigator of the Year” by Benchmark Litigation in 2021 and was a 2026 finalist for that recognition.
Before entering private practice, Kannon served as an Assistant to the Solicitor General at the U.S. Department of Justice.
Partner, Davis Polk & Wardwell LLP
Kenneth Wainstein is a partner at Davis Polk & Wardwell, where he focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. Ken spent over 20 years in a variety of law enforcement and national security positions in the government. Between 1989 and 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled criminal prosecutions ranging from public corruption to gang prosecution cases and held a variety of supervisory positions, including Acting United States Attorney. In 2001, he was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys’ Offices. Between 2002 and 2004, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller III. In 2004, Ken was appointed and then confirmed as United States Attorney for the District of Columbia, where he had the privilege to lead the largest United States Attorney’s Office in the country. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ’s law enforcement and intelligence activities on counterterrorism and counterintelligence matters. In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
William (Bill) Marshall joined the Carolina Law faculty in 2001 and serves as the William R. Kenan Jr. Distinguished Professor of Law. His teaching and research interests include the first amendment, presidential power, election law, federal jurisdiction, federal judicial selection, civil procedure, and media law. Marshall is the author of numerous book chapters, articles, and essays on free speech, separation of powers, the Establishment Clause, and the Free Exercise Clause. His work has appeared in the Harvard Law Review, the Yale Law Journal, the Supreme Court Review, and the University of Chicago Law Review, among others.
Marshall received his law degree from the University of Chicago and his undergraduate degree from the University of Pennsylvania. Marshall was Deputy Counsel to the President and Deputy Assistant to the President during the Clinton Administration and also served as the Solicitor General for the State of Ohio. He has taught at the Northwestern, Boston University, Vanderbilt, Ohio State, DePaul, Case Western Reserve, William and Mary, and the University Connecticut law schools. Prior to beginning his teaching career, Marshall was a Special Assistant Attorney General for the State of Minnesota.
Author, The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule and Enlightened Democracy: The Case for the Electoral College
Tara Ross is nationally recognized for her expertise on the Electoral College. She is the author of Why We Need the Electoral College (2019), The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule (2017), We Elect A President: The Story of our Electoral College (2016), and Enlightened Democracy: The Case for the Electoral College (2d ed. 2012). She is also the author of She Fought Too: Stories of Revolutionary War Heroines (2019), and a co-author of Under God: George Washington and the Question of Church and State (2008) (with Joseph C. Smith, Jr.). Her Prager University video, Do You Understand the Electoral College?, is Prager’s most-viewed video ever, with more than 60 million views.
Tara often appears as a guest on a variety of talk shows nationwide, and she regularly addresses civic, university, and legal audiences. She’s contributed to several law reviews and newspapers, including the National Law Journal, USA Today, the Washington Examiner, The Hill, The Washington Times, and FoxNews.com. She’s appeared before institutions such as the Cooper Union, Brown University, the Dole Institute of Politics, and Mount Vernon. She’s appeared on Fox News, CSPAN, NPR, and a variety of other national and local shows.
Tara is a retired lawyer and a former Editor-in-Chief of the Texas Review of Law & Politics. She obtained her B.A. from Rice University and her J.D. from the University of Texas School of Law. She resides in Dallas with her husband and children.
George Washington University Law Center
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Supreme Court Preview: What Is in Store for October Term 2010?
Rachel L. Brand, Paul D. Clement, Adam Liptak, Jeffrey Rosen, Kannon K. Shanmugam, Kenneth L. Wainstein
October 4th marks the first day of the 2010 Supreme Court term. This term the...
Supreme Court Preview: What Is in Store for October Term 2010?
Washington, DCThe Constitutionality of Obamacare and the Impact of Mo. Prop. C
The Vanishing American Lawyer
Thomas D. Morgan, Anthony M. Davis, William Hodes
Prof. Thomas D. Morgan recently wrote a book, The Vanishing American Lawyer, which examines the...
We're Not Dead Yet. Book Review: The Vanishing American Lawyer by Thomas D. Morgan
Allison R. Hayward
Is the practice of law a profession? For most practicing lawyers, the last time they...
Federal Cybersecurity Programs
Adam R. Pearlman
Brought to you by the International & National Security Law Practice GroupThe Federalist Society takes no position on...
Patents in the Supreme Court: Bilski v. Kappos
John F. Duffy, Adam Mossoff, David S. Olson
On the final day of the term, the U.S. Supreme Court released its long-anticipated decision...
What George Washington Would Think about Certain Separation of Church & State Issues Today
Should American Courts Consider Foreign & International Law in Trying to Interpret the American Constitution?
Charlottesville, VirginiaPanel 3 - Originalism, Precedent and Judicial Restraint
Steve J. Markman, Gene Pratter, Michael B. Rappaport, Jeffrey Rosen, David A. Strauss
We often hear much about the perils of “judicial activism” and how a judge’s proper...