Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Associate Professor of Political Science, Public Policy and Public Administration, and International Affairs, George Washington University
Steven Balla is Associate Professor of Political Science, Public Policy and Public Administration, and International Affairs, and a Senior Scholar at the George Washington Regulatory Studies Center. He researches government consultation and public participation in policymaking in the United States and China. He has on two occasions served as a consultant to the Administrative Conference of the United States, drawing on his research on public commenting in the U.S. rulemaking process to make recommendations for how to improve regulatory policymaking. He has twice served as a Fulbright Scholar in China, at Peking University in Beijing and Nankai University in Tianjin. He is currently working on projects on congressional oversight of regulatory policymaking, polarization in public commenting on proposed rules, and the responsiveness of Chinese government officials to public feedback on draft laws and regulations.
Policy Director, Fulcrum Foundation
Reeve T. Bull is the Policy Director of the Fulcrum Foundation. In this role, he promotes executive and legislative reforms designed to update and streamline the regulatory system. These reforms draw upon the work Mr. Bull undertook in his previous role as the Director of the Virginia Office of Regulatory Management (ORM). During his time at ORM, he led the Commonwealth's efforts related to regulatory streamlining and permitting transparency and the development and implementation of artificial intelligence policy.
Previously, Mr. Bull served as the Research Director of the Administrative Conference of the United States (ACUS). At ACUS, he worked on projects related to international regulatory cooperation, the use of science by administrative agencies, presidential review of agency rulemaking, cost-benefit analysis, government contractor ethics, and e-rulemaking, among other things. Mr. Bull has also served as an Adjunct Professor at the Antonin Scalia Law School and the George Washington University, teaching courses on Administrative Law. Mr. Bull has published numerous articles in highly regarded law journals, including the Administrative Law Review, George Washington Law Review, and Law and Contemporary Problems. Mr. Bull is an Elected Member of the American Law Institute and a Public Member of the Administrative Conference of the United States.
Earlier in his career, Mr. Bull worked in the private sector as an associate with the law firm Gibson, Dunn & Crutcher LLP and in government service as a law clerk to the Honorable Alvin A. Schall of the Federal Circuit Court of Appeals. During his time as an associate with Gibson Dunn, Mr. Bull worked on a variety of litigation and regulatory matters. He participated in cases appearing before the United States Supreme Court, several federal Courts of Appeals, and numerous federal district courts and state trial courts. His experience spanned a variety of practice areas, including administrative, constitutional, intellectual property, antitrust, environmental, securities, and white collar criminal law. During his clerkship for Judge Schall, Mr. Bull assisted with appeals in cases spanning a variety of areas, with particular emphasis on administrative and patent law.
Mr. Bull attended law school at Duke University, where he graduated with highest honors and was inducted into the Order of the Coif. He was one of two recipients of the Willis Smith Award for compiling the most outstanding academic record in the graduating class and the recipient of the James S. Bidlake Memorial Award for achieving the highest grade in his first year legal writing section. Mr. Bull also served as a Note Editor on the Duke Law Journal. Prior to law school, Mr. Bull attended the University of Oklahoma, where he graduated summa cum laude with a Bachelors in Chemistry and was inducted into Phi Beta Kappa.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Edward F. Howrey Professor of Law, University of Virginia
Michael Livermore joined the faculty in 2013. He teaches environmental law, administrative law, regulatory law and policy, and advanced seminars on these topics. His research focuses on environmental law, regulation, bureaucratic oversight and the computational analysis of law. He frequently collaborates on interdisciplinary projects with researchers in other academic fields, including economics, computer science and neurology. His work has appeared in leading law journals, including the Yale Law Journal, University of Chicago Law Review, New York University Law Review, Georgetown Law Journal and Duke Law Journal. Livermore is a leading expert on the use of cost-benefit analysis to evaluate environmental regulation, and he is the co-author of Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (Oxford University Press, 2008) and co-editor of The Globalization of Cost-Benefit Analysis in Environmental Policy (Oxford University Press, 2013).
Prior to joining the faculty, Livermore was the founding executive director of the Institute for Policy Integrity at New York University School of Law, a think tank dedicated to improving the quality of government decision-making. In that capacity, he participated in dozens of regulatory proceedings on a diverse set of issues ranging from climate change to prison safety. He remains an active participant in environmental policy discussions. Livermore earned his J.D. magna cum laude from NYU Law, where he was a Furman Scholar, was elected to the Order of the Coif, and served as a managing editor of the Law Review. After law school, he spent a year as a fellow at NYU Law’s Center on Environmental and Land Use Law before clerking for Judge Harry T. Edwards on the U.S. Court of Appeals for the D.C. Circuit.
During the 2018-19 academic year, Livermore is leading an Online Workshop on the Computational Analysis of Law.
Legal Fellow, Center for Constitutional Studies, Cato Institute
Brent Skorup is a legal fellow in the Cato Institute’s Robert A. Levy Center for Constitutional Studies.
Before joining Cato, he was a senior research fellow at the Mercatus Center at the George Mason University. His research areas include free speech, technology law, Fourth Amendment protections, regulation, and property law. Skorup has published pieces in economics and law journals and in popular media, including The Wall Street Journal, The New York Times, Bloomberg Law, Reuters, and Wired. He’s appeared as a TV and radio interview guest for news outlets like C‑SPAN, NPR, CBS News, ABC News, and CNBC Asia.
The Pennsylvania Supreme Court, a dissenting opinion at the Illinois Supreme Court, and the ALI's Restatement of the Law of Property have cited his legal research and he has testified as a technology and legal expert in legislative hearings in several states. Skorup has been appointed to several federal and state advisory bodies and he is currently a member of the Texas Advanced Air Mobility Advisory Committee.
Skorup has a BA in economics from Wheaton College and a law degree from the George Mason University School of Law, where he was articles editor for the Civil Rights Law Journal. He was a legal clerk at the FCC’s wireless bureau and Office of General Counsel and at the Energy and Commerce Committee in the U.S. House of Representatives.
Partner, K&L Gates LLP
David Rybicki is a partner in the Washington, D.C. office of K&L Gates LLP. He is a member of the investigations, enforcement, and white collar practice group.
David recently served in the Criminal Division of the U. S. Department of Justice in Washington, D.C., as Acting Principal Deputy Assistant Attorney General (2017) and Deputy Assistant Attorney General (2017-2020), the second- and third-highest ranking positions in the division. In these roles, David led the investigation, prosecution, and coordination of nationally significant matters and initiatives involving corporate fraud, the Bank Secrecy Act, the Foreign Corrupt Practices Act (FCPA), cybercrime and cryptocurrencies, OFAC sanctions enforcement, transnational organized crime, healthcare fraud, consumer fraud, immigration fraud, civil and criminal RICO, public corruption, human rights, labor racketeering, and gaming law.
Prior to joining the Criminal Division, David served as Counselor to the Attorney General and worked on the Justice Department’s top criminal enforcement initiatives. This work included revision of the Department’s corporate enforcement policies, extension of the FCPA Pilot Program, “Going Dark” and other significant cybersecurity policy matters, Mutual Legal Assistance Treaties, marijuana enforcement and regulatory policy, and creation of the Department's new civil asset forfeiture policies and regulatory guidelines.
In 2018, David was appointed to serve as an ex officio member of the United States Sentencing Commission, where he represented the Justice Department with respect to all aspects of federal sentencing law and policy, including amendments to the Federal Sentencing Guidelines for corporate fraud and other white collar crimes.
Partner, Special Matters and Government Investigations, King & Spalding LLP
William focuses his practice on government investigations, internal investigations, voluntary self-disclosures, and white collar criminal litigation. William advises clients on a range of white collar matters, including: the False Claims Act, the Anti-Kickback Statute, the Food Drug & Cosmetic Act, the Foreign Corrupt Practices Act, and whistleblower cases.
William has experience representing companies and individuals in investigations conducted by federal and state authorities, including the Department of Justice, multiple United States Attorney’s offices, the Department of Health and Human Services Office of Inspector General, the Food and Drug Administration, the Environmental Protection Agency, the Securities and Exchange Commission, the Office of Comptroller of the Currency, the Federal Election Commission, and multiple investigative committees of the United States Congress.
William previously served as a law clerk to the Honorable Richard J. Leon of the United States District Court for the District of Columbia. William graduated summa cum laude from Notre Dame Law School, where he served as the Managing Articles Editor of the Notre Dame Law Review.
Vice President, Practice Groups, The Federalist Society
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Founding and Managing Partner, Kabateck LLP
As a nationally recognized and respected consumer attorney, Brian Kabateck is a preeminent leader in the fight to ensure access to the justice system. He’s a powerful advocate in the courtroom and at the California State Capitol for consumers’ rights and protections. Formerly, Mr. Kabateck was President of the Consumer Attorneys of California and the Los Angeles County Bar Association.
Mr. Kabateck’s vigorous litigation on behalf of his clients has netted more than a billion dollars in recoveries. He has won many multi-million dollar verdicts, judgments and settlements in the areas of personal injury, insurance bad faith, pharmaceutical litigation, wrongful death, class action, mass torts and disaster litigation.
Because of his deep knowledge of the law and dynamic speaking style, Mr. Kabateck is a frequent analyst for national, local and legal media outlets. He makes regular appearances on CNN, MSNBC, CBS, NBC, ABC, FOX and CW stations. In addition to his television exposure, Mr. Kabateck often speaks at seminars, law schools and industry events.
As the former President of the Consumer Attorneys of California, Mr. Kabateck drew on his strong leadership abilities to bring change to some of the state’s most contentious problems. Under his direction, he brokered a consensus on issues including protecting patient safety and court funding. He has worked tirelessly with the California Legislature and California Department of Insurance to draft many laws for some of the state’s largest industries.
Mr. Kabateck’s ability to straddle the legal and political world has made him a strategic and outspoken advocate for consumer and patient rights. In November, voters will decide whether to overturn the decades old MICRA law which caps non-economic damages at $250,000. Mr. Kabateck is a leader in the fight to lift this outdated and misguided law that deprives the state’s most vulnerable victims from getting the compensation they deserve in medical malpractice cases.
Mr. Kabateck has extensive experience in all judicial forums throughout California. He has argued cases before the California State Supreme Court, California Court of Appeal, Ninth Circuit Court of Appeals, and the Federal Circuit Court of Appeals.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Attorney, Pacific Legal Foundation
Luke A. Wake is an attorney at the Pacific Legal Foundation. Prior to joining PLF, he was a senior staff attorney at the NFIB Small Business Legal Center.
Wake has particular expertise on environmental and land use issues, and has worked on numerous other constitutional issues and matters of importance to small business owners. He is an ardent defender of private property rights, which he believes are essential to the free enterprise system and the foundation of American liberty. As a strong advocate of individual rights and economic liberties, he has built his career defending small business interests.
Wake has focused on a whole host of issues, from employment law matters to regulatory compliance. In addition to serving as a resource for small business owners, Wake is committed to ensuring that the voice of small business is heard in the nation’s courts. As an appellate practitioner, Wake has focused particularly on informing the courts on matters of administrative law and on issues under the Fifth Amendment’s Takings Clause. He is also working to advance small business interests in law review articles, and was recently published in the Berkeley Journal of Law & Ecology. See R.S. Radford & Luke A. Wake, Deciphering and Extrapolating: Searching for Sense in Penn Central, 38 Ecology L.Q. 731, 746-747 (2011).
Before joining the Legal Center’s team, Wake completed a prestigious two-year fellowship as an attorney in the Pacific Legal Foundation’s College of Public Interest Law. Wake is a graduate of Case Western Reserve University School of Law in Cleveland Ohio, and is a member of the California Bar. He completed his undergraduate studies at Elon University in North Carolina in 2006 where he focused on political theory and corporate communications.
Senior Fellow, Competitive Enterprise Institute
Joel M. Zinberg, M.D., J.D. is a senior fellow with the Competitive Enterprise Institute. He is a native New Yorker who recently completed two years as General Counsel and Senior Economist at the Council of Economic Advisers in the Executive Office of the President. He practiced general and oncologic surgery in New York for nearly 30 years at the Mount Sinai Hospital and Icahn School of Medicine where he is an Associate Clinical Professor of Surgery. He has been involved with health policy issues and the interaction between law and medicine for his entire career. Dr. Zinberg taught for 10 years at the Columbia University Law School as a Lecturer in Law where he created a course on the legal, policy and ethical issues surrounding organ transplantation. He served for many years on the New York State Board of Professional Medical Conduct and on Mount Sinai's Ethics Committee and Institutional Review Board. He is past President and Trustee of the New York County Medical Society. Between 2015 and 2017 he was a Visiting Scholar at the American Enterprise Institute.
Dr. Zinberg has written for publications as varied as the Journal of the American Medical Association, the Bulletin of the American College of Surgeons, the Wall Street Journal, City Journal and law reviews. He is the author of book chapters on legal and policy issues in organ transplantation.
He received his J.D. degree from the Yale Law School, his M.D. from the Columbia University College of Physicians and Surgeons and his B.A. in economics with High Honors, Phi Beta Kappa, from Swarthmore College.
Mr. Pekron’s practice is primarily devoted to complex business, tort, and class action litigation. Mr. Pekron is listed in The Best Lawyers in America® in the area of Commercial Litigation, recognized as a Rising Star in the area of Business Litigation by Mid-South Super Lawyers, and a Future Star in Litigation by Benchmark Litigation. He has represented companies and individuals in cases throughout the nation involving breach of contract, professional liability, consumer fraud, products liability, and ERISA issues. He has significant experience in representing accounting firms, publicly-traded companies, and corporate officers and directors in securities litigation, regulatory matters, professional malpractice actions, and internal investigations.
Mr. Pekron also has an active appellate practice and has appeared in numerous state and federal appellate courts, including the Supreme Court of Illinois, the New York Court of Appeals, and the United States Courts of Appeals for the Third, Fourth, Fifth, and Sixth Circuits. He has argued cases before the Arkansas Supreme Court, the Arkansas Court of Appeals, and the United States Court of Appeals for the Seventh Circuit. He has also been responsible for petitions for certiorari and amicus briefs in the United States Supreme Court.
Mr. Pekron received his law degree from Yale Law School, where he served as Book Reviews Editor of the Yale Law Journal. His work has been published in the Hamline Law Review.
After graduating from law school, Mr. Pekron clerked for Judge Morris Sheppard Arnold of the United States Court of Appeals for the Eighth Circuit. During his clerkship, he served as an adjunct professor of law at the University of Arkansas at Little Rock School of Law. He then worked as an associate at the Chicago law firm of Sidley Austin LLP.
Texas v. New Mexico - Post-Decision SCOTUScast
Tony Francois
On December 14, 2020, the Supreme Court released its decision in Texas v. New Mexico. By a...
Deep Dive Episode 151 – Public Input in Agency Rulemaking
Steven Balla, Reeve T. Bull, Susan E. Dudley, Michael Livermore
When the FCC put forward its proposed repeal of the net neutrality rule, it received...
Tech Roundup Episode 12 – Airspace and Drone Regulations
Brent Skorup
In this episode, Brent Skorup discusses the current state of drone technology, the history of...
Cargill v. Doe I - Post-Argument SCOTUScast
David C. Rybicki
On December 1 2020, the Supreme Court heard oral argument in Cargill v. Doe I....
Edwards v. Vannoy - Post-Argument SCOTUScast
William S. McClintock
On December 2, 2020, the Supreme Court heard oral argument in Edwards v. Vannoy. The...
Collins v. Mnuchin- Post-Argument SCOTUScast
Elizabeth Slattery
On December 9, 2020 the Supreme Court heard oral argument in Collins v. Mnuchin (consolidated...
Van Buren v. United States - Post-Argument SCOTUScast
Orin S. Kerr
On November 30, 2020 the Supreme Court heard oral argument in Van Buren v. United...
Deep Dive Episode 150 – Regulating Business in the Age of COVID-19
Brian Kabateck, Clark Neily, Luke A. Wake
COVID-19 has presented unique challenges for state lawmakers as they attempt to address public health...
Explainer Episode 20 – COVID-19 Vaccine Approval and Distribution
Joel Zinberg
Joel Zinberg joins the podcast to discuss a range of COVID-19 vaccine questions. How has the development...
Necessary & Proper Episode 60: Supreme Court Nominations and the Perils of Court-Packing
Chad W. Pekron, Daniel A. McLaughlin
On November 17, 2020, the Federalist Society's Article I Initiative and the Little Rock Lawyers...