Partner, Mayer Brown LLP
Marcia Madsen was Chair of the Government Contracts practice and co-chair of the National Security Practice at Mayer Brown. She represented contractors in regulatory, policy, transactional, litigation, and investigative matters involving virtually every federal agency. Her clients included defense contractors, information technology and systems integrators, telecommunications companies, engineering firms, insurers, and manufacturing companies. Ms. Madsen's practice included defense of False Claims Act matters, internal investigations, audits, bid protests, claims and disputes before administrative forums and in the federal courts. She was a former Chair of the American Bar Association Section of Public Contract Law and currently co-chairs the Section’s Procurement Fraud Committee. She also is a member of the Federalist Society Administrative Law and Regulation Executive Committee. In addition, Marcia was a member of the Court of Federal Claims Advisory Council - Emeritus, and a recipient of the Court's Golden Eagle award. She was a Past President of the Board of Contract Appeals Bar Association. She was appointed by the Executive Office of the President to chair the Section 1423 Panel which recommended revision of the acquisition laws. She spoke and wrote frequently on government contracts and litigation topics.
Georgetown University Law Center, LL.M., 1980
American University - Washington College of Law, J.D., 1976
University of Utah, B.A., 1972
Partner, Mayer Brown
David Dowd is an experienced litigator at Mayer Brown whose practice has a strong emphasis in government contracting issues and controversies. He advises such clients as those involved in health care, information technology, large military systems, engineering services, and other industries regarding federal procurements and related issues. His counsel in this area includes commercial items, conflicts of interest, cost allowability issues, defective pricing, contract and subcontract negotiations, contract financing, assignments and novations, leasing, prime/sub disputes, preparation of claims, and procurement fraud.
David also handles procurement controversies, as he litigates bid protests and disputes before the Government Accountability Office and the Court of Federal Claims, represents contractors in litigation and arbitrations involving government contracts, and tries federal court litigation focused on contract disputes and alleged fraud.
Health care and insurance companies rely on David for advice regarding federal health care and insurance programs, including FEHBA, Medicare, TRICARE, and FEGLI. He represents these industry clients in bid protest and claim litigation regarding federal health care and insurance programs. In related matters, David counsels biotechnology and pharmaceutical companies on biodefense purchasing opportunities and applications, including research and development.
David has more than 20 years of practice experience, having joined Mayer Brown’s Washington, DC office in 2001 after practicing with two other national law firms.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Assistant Attorney General & Senior Trial Counsel to the Criminal Bureau, Massachusetts Attorney General
Independent Review of Procurements Is Worth It: There Is No Support for Hamstringing the GAO Bid Protest Process
Marcia G. Madsen, David F. Dowd, Roger V. Abbott
Note from the Editor: This article criticizes a recent change to the GAO bid protest...
The Supreme Court Tackles Patent Reform: Why the Supreme Court Should End Inter Partes Review in Oil States
Richard A. Epstein
Note from the Editor: This article argues that the Supreme Court should find unconstitutional the...
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United States Exports Its Most Profound Ignorance About Racial Disparities to the United Kingdom
I have discussed in many places – most comprehensively in “Race and Mortality Revisited,” Society (July/Aug. 2014),...
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The Supreme Court Tackles Patent Reform
Click here to download a PDF version of this blog post. Oil States Energy Services,...
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The Pernicious Misunderstanding of Effects of Policies on Racial Differences in Criminal Justice Outcomes
On September 12, 2017, the Sentencing Project released a “Fact Sheet: Black Disparities in Youth...
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The SCOTUS Tax Case to Watch: Marinello v. United States
The National Law Journal recently called Marinello v. United States one of eight “major SCOTUS...
Morally Innocent, Legally Guilty: The Case for Mens Rea Reform
John G. Malcolm
Note from the Editor: This article discusses the concept of mens rea, argues that too...
Luis v. United States: The Distinction That Makes All the Difference
Dean A. Mazzone
Note from the Editor: This article discusses the Supreme Court’s 2016 decision in Luis v. United...
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SCOTUS Declares That the PTO Is Not A Safe Space
Yesterday, the U.S. Supreme Court released its opinion, Matal v. Tam, previously known as Lee...
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With the Supreme Court's Abandonment, it's Time for States to Protect Property Rights
Private property is a critical ingredient in freedom. That’s why the U.S. Constitution refers to...