Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Distinguished Fellow, Hudson Institute
Christopher DeMuth is a distinguished fellow at Hudson Institute. He was president of the American Enterprise Institute for Public Policy Research (AEI) from 1986 to 2008 and was the D.C. Searle Senior Fellow at AEI from 2008 to 2011.
Mr. DeMuth was raised in Kenilworth, Illinois, and attended the Lawrenceville School (1964), Harvard College (A.B. 1968), and the University of Chicago Law School (J.D. 1973). He served as staff assistant to President Richard M. Nixon from 1969 to 1970, working first for Daniel P. Moynihan (then assistant to the President for Urban Affairs) on urban policy matters and then as chairman of the White House Task Force on Environmental Policy. Following law school, he practiced regulatory, antitrust, and general corporate law with Sidley & Austin in Chicago (1973-1976) and was associate general counsel of the Consolidated Rail Corporation (Conrail) in Philadelphia (1976-1977).
From 1977 to 1981, Mr. DeMuth was lecturer in public policy at the Kennedy School of Government at Harvard University, and director of the Harvard Faculty Project on Regulation. There he taught courses on law, economics, and regulatory policy and conducted and sponsored research on health, safety, environmental, and economic regulation.
Returning to Washington in 1981, Mr. DeMuth served as administrator for information and regulatory affairs in the U.S. Office of Management and Budget, and as executive director of the Presidential Task Force on Regulatory Relief during President Ronald Reagan’s first term of office. From 1984 to 1986, he was managing director of Lexecon Inc., a law-and-economics consulting firm; in 1986, he was also publisher and editor-in-chief of Regulation magazine. He was elected president of the American Enterprise Institute in December 1986.
Many of Mr. DeMuth’s articles, lectures, and occasional talks are posted on his website (https://www.ccdemuth.com).
Vice President, Networks, The Federalist Society for Law and Public Policy Studies
Nathan Kaczmarek is Vice President for Networks at the Federalist Society. He began his legal career in Detroit representing nationwide clients in all phases of healthcare litigation and complex medical malpractice claims. He has since served as a Senior Legal and Policy Advisor in the U.S. House of Representatives and as Counsel for the Subcommittee on Regulatory Affairs and Federal Management in the U.S. Senate. Prior to overseeing the Networks, he was Director of the Practice Groups, the Regulatory Transparency Project, and the Article I Initiative for the Federalist Society.
Nathan holds degrees from Hillsdale College and Thomas M. Cooley Law School. He is a Liaison Representative for The Administrative Conference of the United States. He also serves as Vice President of the Associates of St. John Bosco, a Virginia based non-profit dedicated to Catholic high school and college students.
General Counsel, House Committee on Homeland Security
Steven Giaier is General Counsel for the Committee on Homeland Security in the U.S. House of Representative. In this role, he serves as the lead staff member on the Committee for all legal issues and legislation action. Over the past several years, he has written several of the most substantial pieces of legislation to move through the Committee and be enacted into law, including the Visa Waiver Program Improvement and Terrorist Travel Prevention Act and the U.S. Customs and Border Protection Authorization Act. Mr. Giaier formerly served as parliamentary advisor to Congressman Peter King during King’s tenure as chairman of the Homeland Security Committee from 2011-2013. He recently coauthored “Turf Wars: How a Jurisdictional Quagmire in Congress Compromises Homeland Security,” published by the New York University Journal of Legislation and Public Policy in the summer of 2015.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
VP for Policy & Director of Technology Studies, Competitive Enterprise Institute
Wayne Crews is VP for Policy & Director of Technology Studies at the Competitive Enterprise Institute and a Cato Institute alum. A one-time Libertarian candidate for South Carolina state senate, he is widely published, contributes to Forbes.com, and authors the annual Ten Thousand Commandments, which the Wall Street Journal called "the best measure of the overall regulatory burden." Wayne also compiles the Tip of the Costberg report on gov't regulatory costs, and catalogs "regulatory dark matter."
A frequent speaker, Wayne has appeared at venues including the DVD Awards Showcase in Hollywood, the National Academies, the Future of Music Policy Summit, the Consumer Electronics Show, European Commission-sponsored conferences and the Spanish Ministry of Justice. He has testified before Congress numerous times.
While not a lawyer, Wayne's work is cited in hundreds of law reviews, journals, and books. A dad of five, he can still do a handstand on a skateboard and enjoys custom motorcycles, the beach, and the family farm. He is a member of Omicron Delta Epsilon economics honor society.
Wayne is co-editor of the books Who Rules the Net?: Internet Governance and Jurisdiction, and Copy Fights: The Future of Intellectual Property In the Information Age. He is co-author of What’s Yours Is Mine: Open Access and the Rise of Infrastructure Socialism, and a contributing author to others.
TV appearances include Fox, CNN, ABC, CNBC and NewsHour, and radio such as NPR; Wayne's reform ideas have been profiled in the Washington Post, Forbes and Investor’s Business Daily.
Wayne created CEI's c:\spin tech newsletter series, and co-created CEI's OnPoint policy series and Cato's TechKnowledge newsletter (which introduced "The Libertarian Vision for Telecom and High-Technology" with Adam Thierer, which helped inspire the 2012 Declaration of Internet Freedom). He coined the term "Splinternet" in Forbes in 2001 to underscore alternatives to government regulation of the Internet.
Senior Counsel and Vice President of U.S. Litigation, Alliance Defending Freedom
David A. Cortman, Esq., serves as senior counsel and vice president of U.S. litigation with Alliance Defending Freedom. He joined ADF in 2005 and currently supervises a team of nearly 40 attorneys and legal staff who specialize in constitutional law, focusing on religious freedom, sanctity of life, and marriage and family.
Cortman has successfully litigated over 200 constitutional law cases in both federal and state court at all levels. He has also litigated several U.S. Supreme Court cases, including arguing before the Court in Reed v. Town of Gilbert, which resulted in a 9-0 victory, with the Court holding that the government could not discriminate against religious speech while favoring political speech. He served as lead counsel in Trinity Lutheran Church of Columbia v. Pauley, which was decided in the Church's favor. He has also served as lead or co-counsel in victories at the high court in Conestoga Wood Specialties v. Burwell, successfully challenging the U.S. Department of Health and Human Services abortion pill mandate that forces employers to provide healthcare coverage that includes abortion-inducing drugs in violation of their religious convictions; Town of Greece v. Galloway, successfully defending the freedom of Americans to pray at public meetings.
Cortman earned his J.D. from Regent University School of Law in 1996, graduating magna cum laude. He is a member of the state bar in Georgia, Florida, Arizona, and the District of Columbia, and is admitted to practice in over two dozen federal courts, including the U.S. Supreme Court. He also teaches legal courses on the First Amendment and civil rights litigation.
Senior Fellow, Stand Together Trust
Vikrant Reddy is a senior fellow at Stand Together Trust, specializing in the area of criminal justice reform. Reddy previously served as a senior policy analyst at the Texas Public Policy Foundation (TPPF), where he managed the launch of TPPF’s national Right on Crime initiative in 2010. He has worked as a research assistant at the Cato Institute, as a judicial clerk to the Hon. Gina M. Benavides in Texas, and as an attorney in private practice. He is a member of the State Bar of Texas, and he serves on the Executive Committee of the Criminal Law Practice Group of the Federalist Society. He is also an appointee to the U.S. Commission on Civil Rights Texas State Advisory Committee.
Reddy’s research and scholarly opinions have appeared in a range of national media outlets, including USA Today, National Review, The Federalist, and others.
Reddy earned his law degree from the Southern Methodist University School of Law. He received his undergraduate degree from the University of Texas at Austin.
Founder, President and CEO, LabMD
Mike Daugherty is the CEO of LabMD, a cancer testing laboratory. He has spent most of the last decade defending his company against charges that it had deficient cybersecurity practices. The early years of his entering and fighting Washington, DC, are recorded in his book, “The Devil Inside the Beltway”. In so doing, he has become the only litigant to challenge the basic authority that underlies more than 200 enforcement actions relating to cybersecurity and online privacy that the FTC has brought over the past 15 years. Every one of the 200+ litigants before him – including some of the largest companies in the world – have settled with the FTC, creating an unquestioned and untested belief that the FTC has broad authority to regulate in these areas. Following oral arguments in June, 2017, before a panel of the 11th Circuit Court of Appeals, it seems entirely possible that he will prevail. In so doing, he may well topple key pillars of the FTC’s cybersecurity and online privacy edifice, successfully exposing and challenging The Administrative State.
Senior Fellow and Academic Director, Penn Carey Law School
Gus Hurwitz is a Senior Fellow and the Academic Director of the Center for Technology, Innovation & Competition and the University of Pennsylvania Carey Law School where he is working to develop academic and scholarly programs at the intersecution of law, technology, and policy.
He is also Director of Law & Economics Programs at the International Center for Law & Economics (ICLE), a think tank based in Portland, Oregon, where he directs its law and economics-focused research program and helps to translate academic research into applied policy issues.
Hurwitz's research focuses on the regulation of technology, including administrative and regulatory law, antitrust law, torts and products liability, and media law - alongside cognate fields. Inrecent years he has worked on an AI standardization initiative with Seoul National University, a UNICEF-organized study of broadband deployment to public schools in Rwanda, and a book on conglomerate and ecosystems theories of antitrust.
He has published over 30 articles and book chapters, two books (one on cybersecurity law & policy, one on media regulation in the digital era) and have two more in process, over 100 shorter writings (op-eds, shorter analyses, blog posts, &c), hosted over 100 podcast episodes, and regularly appear or am quoted in popular media (including the NY Times, Wall Street Journal, Washington Post, and Associated Press). His work has been cited by legislators, federal courts of appeals, and federal regulatory agencies.
He was previously a full professor and founding director of the Governance & Technology Center at the University of Nebraska, prior to which he was the inaugural research fellow at the Center for Technology, Innovation & Competition (CTIC). From 2007 to 2010, he was a trial attorney with the U.S. Department of Justice Antitrust Division in the Telecommunications and Media Enforcement Section.
He also is, or has been, affiliated with the Classical Liberal Institute at New York University School of Law, the National Security Institute at George Mason University, and the American Enterprise Institute (AEI).
Before attending law school, Hurwitz worked at Los Alamos National Lab and interned at the Naval Research Lab. During this time his work was recognized by the Federal Laboratory Consortium, Los Alamos National Lab, IEEE & ACM, Corporation for Education Network Initiatives in California, R&D Magazine, and even the Guinness Book of World Records.
A current list of Hurwitz’s publications is available on his website: GusHurwitz.net.
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.
Ziglar v. Abbasi - Post-Decision SCOTUScast
David B. Rivkin
On June 19, 2017, the Supreme Court decided Ziglar v. Abbasi, which was consolidated with...
Necessary & Proper Episode 3: Congress and the Dilemma of Fiscal Restraint
Christopher C. DeMuth, Nathan Kaczmarek
Christopher DeMuth, Distinguished Fellow at the Hudson Institute, discusses the current state of the 115th Congress...
Hernandez v. Mesa - Post-Decision SCOTUScast
Steven S. Giaier
On June 26, 2017, the Supreme Court decided Hernandez v. Mesa. In 2010, Sergio Adrian...
Cooper v. Harris - Post-Decision SCOTUScast
Hans A. Von Spakovsky
On May 22, 2017, the Supreme Court decided Cooper v. Harris, formerly known as McCrory...
Murr v. Wisconsin - Post-Decision SCOTUScast
James S. Burling
On June 23, 2017, the Supreme Court decided Murr v. Wisconsin. In the 1960s the...
Laws, Regulations, and "Regulatory Dark Matter"
Wayne Crews
Congress passes and the President signs several dozen laws every year. Meanwhile, federal departments and...
Trinity Lutheran Church of Columbia v. Comer - Post-Decision SCOTUScast
David A. Cortman
On June 26, 2017, the Supreme Court decided Trinity Lutheran Church of Columbia v. Comer....
Esquivel-Quintana v. Sessions - Post-Decision SCOTUScast
Vikrant P. Reddy
On May 30, 2017, the Supreme Court decided Esquivel-Quintana v. Sessions. In 2009, Juan Esquivel-Quintana, who...
LabMD v. FTC: A David Against Goliath Story
Michael J. Daugherty, Justin (Gus) Hurwitz
Mike Daugherty is the CEO of LabMD, a medical testing lab. He has spent most...
Impression Products, Inc. v. Lexmark International, Inc. - Post-Decision SCOTUScast
Adam Mossoff
On May 30, 2017, the Supreme Court decided Impression Products, Inc. v. Lexmark International, Inc....