Professor of Law, Michigan State University (currently serving as FCC General Counsel)
Professor Candeub joined the MSU Law faculty in fall 2004. He is also a Fellow with MSU's Institute of Public Utilities. Prior to joining MSU, he served as an advisor at the Federal Communications Commission (FCC). From 1998 to 2000, Professor Candeub was a litigation associate for the Washington D.C. firm of Jones, Day, Reavis & Pogue and also has served as a corporate associate with Cleary, Gottlieb, Steen & Hamilton, also in Washington, D.C. Immediately following law school, he clerked for Chief Judge J. Clifford Wallace, U.S. Court of Appeals for the Ninth Circuit. While in law school, Professor Candeub was an articles editor for the University of Pennsylvania Law Review.
Professor Candeub's scholarly interests focus on the law and regulation of communications, internet, technology. His numerous law review articles and scholarly papers have placed him at the center of legal and policy controversies, and he often writes for popular outlets such as the Wall Street Journal and US News. Federal courts, including the U.S. Supreme Court, have cited and relied upon his work.
He joined the Trump administration in 2019 as Deputy Assistant Secretary of Commerce for Telecommunications and Information and assumed the role of Acting Assistant Secretary. He later joined the Department of Justice as Deputy Associate Attorney General.
Professor Candeub is a senior fellow at the D.C.-based Center of Renewing America.
Shareholder, Reinhart Boerner Van Deuren s.c.
Robert Driscoll is a shareholder in Reinhart's Labor and Employment Practice. He is an experienced, accomplished attorney who works to understand his clients' goals and provide them with effective legal and business solutions.
Rob counsels employers to help them avoid disputes with an emphasis on discrimination (including disability discrimination), wage and hour issues and employment contracts of all kinds. Rob's practice also includes all areas of traditional labor law, such as collective bargaining, labor arbitrations, proceedings before the National Labor Relations Board, and advising employers of their rights under the National Labor Relations Act.
He understands that trials can be costly and time-consuming, and clients appreciate that he offers creative options to resolve disputes without litigation. However, when litigation is unavoidable, he's a confident and diligent legal partner, devising effective strategies for prevailing. Rob's litigation experience includes wage and hour claims (both individual and class actions), employment and fair housing discrimination and noncompetition agreements. He also represents clients in appeals.
Prior to joining the firm, Rob was a law clerk for the Hon. Diane S. Sykes, U.S. Court of Appeals for the Seventh Circuit in Milwaukee.
Rob proudly serves on the Board of Directors for GPS Education Partners, an organization that works to validate technical career paths and provide students and their communities pathways to prosperity.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Partner, Gibson Dunn
Lucas C. Townsend is a litigation partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the firm’s Appellate and Constitutional Law and Intellectual Property practice groups.
Mr. Townsend has litigated a wide range of appellate and trial matters in federal and state court. Mr. Townsend’s appellate practice includes representing corporate clients in high-stakes commercial disputes, litigating cutting-edge legal issues before the Supreme Court of the United States, and representing pro bono clients before the courts of appeals. Mr. Townsend’s intellectual property practice includes representing pharmaceutical, internet, and other technology companies in patent and trademark disputes. In addition, Mr. Townsend regularly represents clients in litigation under the Administrative Procedure Act and provides counseling on accounting regulation.
Representative matters include serving as appellate counsel for the world’s largest social networking website and drafting successful briefing in a significant noninfringement appeal; briefing appeals on behalf of pharmaceutical patent holders in Hatch-Waxman Act litigation; drafting successful briefing for a documentary filmmaker’s First Amendment challenge to Colorado’s campaign finance laws; briefing appeals from final judgments in a landmark securities-fraud class action; representing a national hospital network in appellate litigation resulting in a $60 million reduction in a punitive damages award; representing broadcasters in litigation against the Federal Communications Commission under the Administrative Procedure Act; representing a for-profit education company in an enforcement action brought by the Consumer Financial Protection Bureau; and briefing numerous matters in the Supreme Court of the United States involving class certification, antitrust, employment, and constitutional issues.
Before joining the firm, Mr. Townsend served as a law clerk to the Honorable Samuel A. Alito, Jr. of the Supreme Court of the United States, the Honorable Maryanne Trump Barry of the United States Court of Appeals for the Third Circuit, and the Honorable Harold A. Ackerman of the United States District Court for the District of New Jersey. Mr. Townsend also served as an Attorney Adviser in the United States Department of Justice, National Security Division, from 2007 to 2009.
Mr. Townsend graduated magna cum laude from the Seton Hall University School of Law, where he was Executive Editor of the Seton Hall Law Review. He received an undergraduate degree in biochemistry from Cornell University.
Mr. Townsend is admitted to practice in the District of Columbia, New York, and New Jersey.
Laurence H. Silberman Chair in Constitutional Governance, American Enterprise Institute; Executive Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. He also directs the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
He writes on regulation and constitutional government for a variety of publications. He practiced law in Washington, D.C., after clerking for the D.C. Circuit's Judge David Sentelle. He also has been chairman of the ABA's Administrative Law Section.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court.
Sho Sato Professor of Law; Faculty Director, Center for Law, Energy, & the Environment, University of California, Berkeley
Dan Farber is the Sho Sato Professor of Law at the University of California, Berkeley. He is also the Co-Director of the Center for Law, Energy, and the Environment. Professor Farber serves on the editorial board of Foundation Press. He is a member of the American Academy of Arts and Sciences and a Life Member of the American Law Institute. He is the editor of Issues in Legal Scholarship.
Professor Farber is a graduate of the University of Illinois, where he earned his B.A., M.A., and J.D. degrees. He graduated, summa cum laude, from the College of Law, where he was the class valedictorian and served as Editor-in-Chief of the University of Illinois Law Review. After graduation from law school, he was a law clerk for Judge Philip W. Tone of the United States Court of Appeals for the Seventh Circuit and then for Justice John Paul Stevens of the Supreme Court of the United States. Professor Farber practiced law with Sidley & Austin, where he primarily worked on energy issues, before joining the University of Illinois College of Law faculty in 1978. He was a member of the University of Minnesota Law School faculty from1981 to 2002, where he was the McKnight Presidential Professor of Public Law. He also has been a Visiting Professor at the Stanford Law School, Harvard Law School, and the University of Chicago Law School.
Among Professor Farber’s eighteen books are RESEARCH HANDBOOK ON PUBLIC CHOICE AND PUBLIC LAW (Elgar 2010) (with A. O’Connell); JUDGMENT CALLS: POLITICS AND PRINCIPLE IN CONSTITUTIONAL LAW (Oxford University Press 2008) (with S. Sherry); RETAINED BY THE PEOPLE: THE “SILENT” NINTH AMENDMENT AND THE RIGHTS AMERICANS DON’T KNOW THEY HAVE (Basic Books 2007); and LINCOLN’S CONSTITUTION (University of Chicago Press 2003).
Associate Dean for Research and Intellectual Life, McKnight Presidential Professor in Law, Distinguished McKnight University Professor, Harlan Albert Rogers Professor in Law, Associate Director, Corporate Institute, University of Minnesota Law School
Professor Kristin E. Hickman is the McKnight Presidential Professor in Law, a Distinguished McKnight University Professor, and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School. She also has taught at Harvard Law School and Northwestern University School of Law. Professor Hickman teaches and writes primarily in the areas of administrative law, tax administration, and statutory interpretation. Her articles on these topics have appeared in the Columbia Law Review, Cornell Law Review, Virginia Law Review, Duke Law Journal, and other publications. She also co-authors the Administrative Law Treatise with Richard J. Pierce, Jr., and a casebook on federal administrative law with Pierce and Christopher J. Walker. Her scholarly work has been cited several times in opinions of the United States Supreme Court as well as regularly in lower court judicial opinions and court briefs.
In 2018-19, Professor Hickman served as Special Adviser to the Administrator of the Office of Information and Regulatory Affairs in Washington, D.C. She presently serves as a Senior Fellow, and previously served as a public member and chair of the judicial review committee, for the Administrative Conference of the United States. She also is a Fellow of the American College of Tax Counsel.
Professor Hickman received her B.S. degree in business administration with a concentration in accounting and a secondary major in history from Trinity University in San Antonio, Texas. After practicing for several years as a certified public accountant, Professor Hickman earned her J.D. degree, magna cum laude, from Northwestern University School of Law, where she was awarded the Raoul Berger Prize and the Lowden Wigmore Prize for her scholarly writings. Following law school, Professor Hickman clerked for The Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and practiced law as an associate with the Chicago office of Skadden, Arps, Slate, Meagher & Flom, concentrating on corporate and international tax transactions and matters.
Director, Multinational Business Services, Center for Regulatory Effectiveness
Jim Tozzi is a former regulatory official of the United States Office of Management and Budget (OMB). He currently is the head of the Center for Regulatory Effectiveness, an industry-supported organization that describes itself as a "regulatory watchdog."
Jim Tozzi got his Ph.D. in Economics and Business Administration from the University of Florida. After some time playing jazz as a self-described “bottom-tier” musician in New Orleans, Mr. Tozzi began working in Washington in 1964 at the Department of Defense, Office of the Secretary of the Army, where he worked on budget and strategic response issues. Mr. Tozzi served as an officer in the US Army Corps of Engineers.
Senior Counsel & Director of the Center for Religious Schools, Alliance Defending Freedom
Gregory S. Baylor serves as senior counsel with Alliance Defending Freedom, where he is the director of the Center for Religious Schools and senior counsel with the Center for Public Policy.
Since joining ADF in 2009, Baylor has focused on defending and advancing the religious freedom of faith-based educational institutions through advice, education, legislative and public advocacy, and representation in disputes. He has testified about religious liberty issues three times before congressional committees and numerous times before state legislative committees.
Greg serves on the board of directors of the International Alliance for Christian Education, the board of directors of the Association for Biblical Higher Education, the board of directors of the Association for Christian Schools International, the board of advisors of the Museum of the Bible, and advisory board of the Center for Academic Faithfulness and Flourishing.
Greg earned his Juris Doctor in 1990 from Duke University School of Law, where he graduated Order of the Coif, with high honors, and served on the editorial board of the Duke Law Journal. He received his bachelor’s degree in Honors English in 1987 from Dartmouth College. Following graduation from law school, he served as law clerk to the Hon. Jerry E. Smith on the U.S. Court of Appeals for the Fifth Circuit. He practiced labor and employment law at two large international law firms for three years before joining the staff of Christian Legal Society’s Center for Law and Religious Freedom, where he served for 15 years prior to joining ADF. He lives in Northern Virginia with his wife (a medical doctor) and two daughters.
Associate, Wiley Rein LLP
Shane B. Kelly represents individual and corporate clients in government and internal investigations, civil enforcement matters, criminal investigations and prosecutions, and other litigation. He regularly conducts internal investigations to assess allegations of misconduct and potential exposure and advises on disclosure obligations and corrective actions. Mr. Kelly also defends government contractors and other clients accused of false claims, fraud, and kickbacks. He often assists clients in responding to subpoenas and civil investigative demands, including managing the preservation, collection, and production of electronically-stored information.
Partner, Wiley Rein LLP
Stephen J. Obermeier has a wide range of experience litigating complex disputes before federal and state courts and administrative agencies and in arbitration. He has represented clients in both individual and class action cases involving commercial and government contract disputes, the False Claims Act (FCA), procurement fraud, consumer fraud, business torts, and the Administrative Procedure Act (APA). Mr. Obermeier has authored dozens of appellate and dispositive motions briefs in courts across the country and has successfully argued multiple motions to dismiss, summary judgment motions, and appeals in federal and state court. He also has experience conducting internal investigations for corporate clients in response to government allegations of misconduct. Mr. Obermeier previously served as an Assistant U.S. Attorney in the civil section in the Eastern District of Virginia.
A Seat at the Sitting - February 2023
Adam Candeub, Robert S. Driscoll, Karen Harned, John C. Richter
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket...
Topics
Supreme Court to Hear Two Challenges to President Biden’s Student Loan Forgiveness Program
In December, the Supreme Court granted certiorari in two cases challenging the student loan forgiveness...
Topics
Common Sense and the Borrowers Defense Rule
In 1994, Congress passed an amendment to the Higher Education Act that delegated responsibility to...
What Are We Learning About For-Profit Education? - Podcast
Lucas Townsend
During the Obama administration, the Department of Education promulgated a host of rules aimed specifically...
How Should "Administrative Law" Be Taught Today? - Podcast
Adam White, Daniel Farber, Kristin E. Hickman, Jim Tozzi
The growing role of the administrative agencies in American government is mirrored by a growing...
Religious Freedom of Religious Colleges - Podcast
Gregory Baylor
Mr. Gregory S. Baylor of Alliance Defending Freedom discussed current and future challenges to the religious...
Topics
The Department of Education's Misguided Consumer Protection Initiative
Inside Higher Ed is reporting that the National Advisory Committee on Institutional Quality and Integrity...
How “False” Must a Claim be under the False Claims Act? - Podcast
Shane B. Kelly, Stephen J. Obermeier
If you do business with the federal government, when does violating a statute, regulation, or...
Accreditation Overreach Part 2
In my last blog post, I drew attention to my Wall Street Journal op-ed, "Why...
Accreditation Overreach
In my Wall Street Journal op-ed today, "Why Aren't There More Black Scientists?: The Evidence...