Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
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.
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.
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.
Of Counsel, Fisher & Phillips, LLP
Greg Grisham has over 25 years of successful experience counseling and representing employers in all aspects of workplace law in Tennessee and across the United States.
He has helped employers avoid claims, charges and lawsuits with a focus on preventative practices. Preventative practices include counseling in situations involving discipline, termination, demotion, promotion and other workplace changes in the terms and conditions of employment, harassment investigations, wage and hour compliance, FMLA Compliance, Reasonable Accommodation assessment, supervisor training and the review of employment policies and procedures. In addition, Greg's practice includes the representation of business entities subject to Title III of the Americans with Disabilities Act in Public Accommodation cases.
Greg has successfully litigated hundreds of administrative charges, employment lawsuits, and arbitration demands on behalf of employers, including federal and state law claims alleging discrimination, harassment, retaliation, wrongful termination, defamation, invasion of privacy, breach of contract, wage and hour violations and ERISA violations, among others. He also represents employers before the National Labor Relations Board in unfair labor practice proceedings. He represents employers in the enforcement of post-employment restrictive covenants such as non-compete, non-solicitation and non-disclosure agreements and related trade secret litigation. Greg's practice also includes the defense of property owners and property management companies in federal and state Housing Discrimination charges and litigation. He also advises Tennessee Public Charter Schools on education law and workplace compliance matters.
Greg has extensive experience working with insurance carriers and their insureds in the defense of EPLI claims. He is a regular speaker at public seminars on workplace law issues and has authored numerous articles on a variety of labor and employment law related topics.
Greg holds an AV Preeminent Peer Review rating from Martindale-Hubbell and has been selected for inclusion in Mid-South Super Lawyers and Best Lawyers in America for Employment Litigation-Management side. Greg was elected as a 2016 Fellow to the College of Labor and Employment Lawyers and has been selected to the “Top 20 Lawyers in Traditional Labor & Employment Law” list in conjunction with Human Resource Executive Magazine and LawDragon’s 2017 and 2018 “Most Powerful Employment Attorneys” lists and specialty guides. Greg was also named a Fellow in the American Bar Foundation in 2017.
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.
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.
County of Maui, Hawaii v. Hawaii Wildlife Fund [SCOTUSbrief]
Donald J. Kochan
In 2012, the Hawaii Wildlife Fund sued the County of Maui, Hawaii, alleging that the...
Affordable Housing: Do Affordable Housing Requirements Work?
Hawaii Lawyers Chapter
Honolulu, HICourthouse Steps: Trump v. Hawaii Decided
Steven S. Giaier
Trump v. Hawaii is the latest iteration of Hawaii’s challenge to President Trump’s Executive Order suspending...
Topics
The President's Immigration Travel Ban: What Trump v. Hawaii Has to Say About Stating a Claim Under the Establishment Clause
It is little appreciated that the United States Supreme Court’s decision today in Trump v. Hawaii,...
Courthouse Steps: Trump v. Hawaii Decided
International & National Security Law and Religious Liberties Practice Group Teleforum
TeleforumCourthouse Steps: Trump v. Hawaii
Steven S. Giaier
On April 25, the Supreme Court will hear oral argument in Trump v. Hawaii, the...
Courthouse Steps: Trump v. Hawaii
International & National Security Law Practice Group Teleforum
TeleforumMorally 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...
Beyond the Red-Blue Divide: An Overview of Current Trends in State Non-Compete Law
J. Gregory Grisham
Introduction Covenants not to compete (“non-competes”)[1] have a long history dating back to the medieval...
Midnight monuments
Federalist Society contributor Donald Kochan writes for the Hill: The lure of legacy is pulling...