Director, Commercial Freedom; Senior Fellow, R Street Institute
C. Jarrett Dieterle researches and writes on regulatory affairs, alcohol policy, occupational licensing and other commercial freedom issues. He also oversees the Institute’s postal, labor and disintermediation policy programs.
Jarrett previously worked as a regulatory attorney at a Washington law firm. In that role, he advised private companies on how to navigate complex regulatory regimes and helped them challenge overreaching regulations. He also practiced appellate advocacy, co-authoring several Supreme Court amicus briefs. He previously clerked for a federal judge on the U.S. Court of Federal Claims, and has worked and written for numerous policy organizations and think tanks such as the Reason Foundation, Manhattan Institute, Mackinac Center, Federalist Society, Institute for Justice, Atlantic Legal Foundation and the Washington Legal Foundation.
Jarrett earned his bachelor’s from the University of Richmond, with a major in political science and minor in economics. He received his juris doctor from Georgetown University Law Center.
Jarrett currently lives in Richmond, Virginia with his wife, Maria, and their Australian shepherd, Pepper.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
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.
Senior Legal Fellow, the Meese Institute for the Rule of Law, Advancing American Freedom
Paul J. Larkin is a Senior Legal Fellow in the Meese Institute for the Rule of Law at Advancing American Freedom. Paul has held various positions in the federal and state governments throughout his career, such as being an attorney in the Organized Crime and Racketeering Section of the Criminal Division at the U.S. Department of Justice, an Assistant to the Solicitor General in the Office of the Solicitor General at the U.S. Department of Justice, Special Agent-in-Charge and Acting Director of the Criminal Investigation Division at the Environmental Protection Agency, and a member of the Parole Abolition and Sentencing Reform Commission and of the Juvenile Justice Reform Commission in the Office of Virginia Governor George Allen.
He has also worked at Verizon Communications and two law firms in Washington, D.C. His current research is principally in the fields of drug policy, criminal justice policy, and administrative law and policy. He has published numerous articles in law and public policy journals, both in print and online.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Of Counsel, Shook Hardy & Bacon LLP
Chris’ public policy work focuses on tort law and civil justice system reform. His work is generally divided among legislative efforts, appellate litigation, and liability counseling. Chris has drafted model legislation to be introduced on the state and federal level, testified on numerous legislative initiatives, and authored amicus briefs to state supreme courts and federal appellate courts, including the U.S. Supreme Court. He also serves as an adviser to various business groups and trade associations interested in tort liability issues and civil justice system reform.
In addition, Chris is an elected member of the American Law Institute (ALI), and has assisted in the development of a variety of ALI projects implicating liability law. He has also been a recurrent guest lecturer at the U.S. Department of Justice and Wake Forest University School of Law, as well as a speaker at numerous legal conferences and industry group meetings, on issues related to tort law. Chris has additionally produced significant scholarship in the area of liability law. He has authored more than 50 legal publications on a wide range of liability issues, including articles in the Harvard Journal of Law & Public Policy, UPenn Journal of Business Law, and Duke Journal of Constitutional Law & Public Policy, and has served as a contributor to tort casebooks.
Senior Litigation Counsel, New Civil Liberties Alliance
Throughout his 40-year career in private law practice in Washington, D.C., Richard Samp has specialized in appellate litigation with a focus on constitutional law. He served as Chief Counsel of the Washington Legal Foundation for more than 30 years. He has participated directly in more than 200 cases before the U.S. Supreme Court. Mr. Samp is a graduate of Harvard College and the University of Michigan Law School and clerked for a federal judge in Detroit.
The Sandbagging Phenomenon: How Governments Lower Eminent Domain Appraisals to Punish Landowners
Jarrett Dieterle
Note from the Editor: This article discusses a controversial practice known as “sandbagging” in eminent...
Topics
Sixth Circuit: Formerly Mentally Ill Persons May Regain Second Amendment Rights
In Tyler v. Hillsdale County Sheriff’s Department, the full Sixth Circuit Court of Appeals opened...
Topics
The Dog That Hasn't Barked (Yet): Waiting on Trinity Lutheran Church of Columbia, Inc. v. Pauley
As the Supreme Court continues to fill its schedule for October Term 2016, one particularly...
Religious Exemptions and Third-Party Harms
Thomas C. Berg
Note from the Editor: This article discusses the effect that third-party harms should have on religious...
Final Agency Actions and Judicial Review: United States Army Corps of Engineers v. Hawkes Co.
James S. Burling
Note from the Editor: This article discusses the Supreme Court’s recent decision in United States Army...
The Justice Department’s Third-Party Payment Practice, the Antideficiency Act, and Legal Ethics
Paul James Larkin
Note from the Editor: This article argues that the Justice Department’s practice of distributing settlement...
2015 Civil Justice Update
Mark A. Behrens, Christopher Appel
This paper recaps key civil justice reforms that occurred in 2015. Part I focuses on...
Topics
Amendments to Federal Criminal Rule 41 Address Venue, Not Hacking Powers
A few weeks ago the Supreme Court notified Congress of this year’s proposed amendments to...
Universal Health Services v. U.S. ex rel. Escobar - Post-Decision SCOTUScast
Richard A. Samp
On June 16, 2016, the Supreme Court decided Universal Health Services v. United States ex...
Topics
SCOTUS Opinions and Orders Update
The Supreme Court issued opinions in the 3 remaining argued cases from OT 15, as...