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.
Staff Attorney, Shook Hardy & Bacon
Sarah works with Shook Hardy & Bacon’s Public Policy Group, whose aim is to improve civil litigation through judicial education, communications and legal scholarship; she also is a member of the Litigation practice group. Since joining the firm, she also has worked on construction industry-related arbitrations.
Before joining Shook, Sarah worked on litigation and administrative appeals for the Civil Beat Law Center in Hawaii, which provides advice and representation to the public and the media to achieve transparency in government. During law school, Sarah was senior research assistant to Andrew F. Popper during his work on the third edition of Administrative Law: A Contemporary Approach.
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.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Legal Director, The Center for the Rights of Abused Children
Tim Keller is a lawyer who works to ensure all abused and abandoned children are safe and have access to their constitutionally guaranteed rights.
As senior vice president and legal director at the Center for the Rights of Abused Children, Tim’s public interest legal work seeks to defend the constitutional rights of children to be safe from abuse, to prompt timely placement with permanent parents, and to assure a child’s representation by legal counsel. In addition to constitutional litigation, Tim oversees the lawyers in the Center for the Rights of Abused Children’s one-of-a-kind pro bono Children’s Law Clinic and guides its policy initiatives.
When he and his wife, Lisa, hosted a teenage exchange student from Brazil several years ago, they realized how much they enjoyed helping a child thrive. The two felt called to help more kids. Over the following years, Tim and Lisa would become foster parents. Today, they enjoy offering respite care for children in foster care.
Intensely motivated by his time fostering children who’d been abused and neglected, Tim sees his work to ensure children have a constitutional right to counsel as a matter of life and death. As such, he’s particularly proud that in 2021 the Center for the Rights of Abused Children secured the rights of all children in Arizona’s foster system to be represented by legal counsel.
Before joining the Center for the Rights of Abused Children, Tim worked for nearly 20 years at the Institute for Justice. He served as lead counsel in Arizona Christian School Tuition Organization v. Winn, a U.S. Supreme Court victory that protected Arizona’s pioneering school scholarship program. Tim also led the team that secured a U.S. Supreme Court victory in Espinoza v. Montana Department of Revenue, which prevents states from discriminating against religious families and schools in educational choice programs. He has also litigated economic liberty and property rights cases in state and federal courts.
Tim earned his bachelor’s and law degrees from Arizona State University. He clerked for Robert D. Myers, at the time the presiding judge of the Maricopa County Superior Court, and for Ann A. Scott Timmer on the Arizona Court of Appeals.
Tim and Lisa live in Chandler, Ariz., with their four sons, Daniel, Benjamin, Ethan and Noah, and a miniature schnauzer named Gus who has more than 12,000 Instagram followers. The Kellers have traveled to 49 of the 50 United States, and are always looking for recommendations for new card or board games for family game nights.
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.
Former Acting Attorney General
Jeffrey A. Rosen is a member of the Investigations and Regulatory Enforcement Practice of Cravath, Swaine & Moore LLP. He previously served in the U.S. Department of Justice (DOJ) as Acting Attorney General and Deputy Attorney General, as well as Deputy Secretary and General Counsel at the U.S. Department of Transportation (DOT), and General Counsel and Senior Policy Advisor at the White House Office of Management and Budget (OMB).
With decades of both public and private sector executive leadership experience, including past service on the global management committee of one of the world’s leading law firms, he has built a career specializing in the management of complex, sensitive, and consequential matters.
Edward H. Levi Distinguished Service Professor of Law, University of Chicago Law School
Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Mr. Stone joined the faculty in 1973, after serving as a law clerk to Supreme Court Justice William J. Brennan, Jr. He later served as Dean of the Law School (1987-1994) and Provost of the University of Chicago (1994-2002).
Stone is the author of many books on constitutional law, including Sex and the Constitution: Sex, Religion and Law from America’s Origins to the Twenty-First Century (2017); Speaking Out: Reflections of Law, Liberty and Justice (2010 & 2016); Top Secret: When Our Government Keeps Us in the Dark (2007), War and Liberty: An American Dilemma (2007), Perilous Times: Free Speech in Wartime (2004), and Eternally Vigilant: Free Speech in the Modern Era(Chicago 2002). He is also an editor of two leading casebooks, Constitutional Law (7th ed. 2013) and The First Amendment (5th ed. 2016). Stone is an editor of The Supreme Court Reviewand chief editor of a twenty-volume series, Inalienable Rights, which is being published by the Oxford University Press.
Stone was appointed by President Obama to serve on the President’s Review Group on Intelligence and Communications Technologies, which evaluated the government’s foreign intelligence surveillance programs in the wake of Edward Snowden’s leaks. He is a Fellow of the American Academy of Arts and Sciences, a member of the America Law Institute, the National Advisory Council of the American Civil Liberties Union, a member of the American Philosophical Society, and a member of the Board of Advisors of the Council for Democracy and Technology. He has served as Chair of the Board of the American Constitution Society and Chair of the Board of the Chicago Children’s Choir.
Stone has also written amicus briefs for constitutional scholars in a number of Supreme Court cases, including Obergefell v. Hodges, Whole Woman’s Heath v. Hellerstadt, Lawrence v. Texas, United States v. Windsor, United States v. Stevens, and Rasul v. Bush. He was also one of the lawyers who represented President Bill Clinton in the Supreme Court in Clinton v. Jones.
David Boies Professor of Law, Yale Law School
Professor Emeritus of Law, Indiana University; Co-Author, The Law of Lawyering
After graduating with honors from Harvard College in 1966, and from Rutgers Law School with highest honors in 1969, W. William Hodes began practice in a small civil rights and personal injury firm in New Orleans, where he had lived as a child. During the next eight years, he worked in Newark, New Jersey, first for the Kenneth Gibson administration, and then as senior staff attorney for the Education Law Center, a public interest law firm funded by the Ford Foundation.
In 1979, Hodes returned to the legal academy, first as a Bigelow Teaching Fellow at the University of Chicago Law School, and then as a Professor of Law at the Indiana University School of Law in Indianapolis. For the next twenty years, Professor Hodes taught in the areas of Civil Procedure, Constitutonal Law, Federal Courts, Administrative Law, and Professional Responsibility. He gained a national reputation as a scholar, consultant, and expert witness in the areas of Legal Ethics and Professional Responsbility, as they were then known.
Beginning in 1985 however, those subjects began to be known as "The Law of Lawyering," after a book of that name was published, co-authored by Professor Hodes and Professor Geoffrey C. Hazard, Jr., who had served as the Reporter to the Kutak Commission that developed the Model Rules of Professional Conduct. The treatise, which is now in its fourth edition and updated twice a year by Hodes and new co-author Peter R. Jarvis of Portland, Oregon, has become a mainstay resource for both the practicing bar and the academic community, and is often cited in court and ethics committee opinions.
While in the academy, Professor Hodes took two unusual sabbatical leaves. In the Spring of 1989, Hodes, who had spent his junior high school years in Beijing and is still fluent in Chinese, was a Visiting Scholar and Lecturer at the China University of Politics and Law, teaching a course in American Civil Procedure and conducting research into Chinese People's Mediation. (The course was suspended in April, when the events leading to the June 4th Tiananmen Massacre began to unfold, and Professor Hodes began to accompany his students on protest marches.)
During the October 1996 Term of the United States Supreme Court, Professor Hodes served as law clerk to Justice Ruth Bader Ginsburg, who had been his Civil Procedure and Conflicts of Law professor some thirty years earlier, during her Rutgers days. According to knowledgeable sources, Hodes was the oldest person to have served as a law clerk since the early 19th Century.
In 1999, W. William Hodes retired from law teaching (at age 56) in order to establish the William Hodes Professional Corporation, which was later renamed The William Hodes Law Firm; he became Professor Emeritus of Law at Indiana University as the new century began. Through this solo practice, Hodes can now devote full time to providing representation, consultation, expert testimony, legal opinions, and other counsel and assistance to lawyers in the areas of The Law of Lawyering, and Constitutional, Appellate, Supreme Court, and other complex litigation.
Partner, Ashbrook Byrne Kresge Flowers LLC
Ben Flowers, a partner at Ashbrook Byrne Kresge Flowers LLC, is an accomplished litigator with experience briefing, arguing, and winning high-stakes cases in courts throughout the country.
Before joining the law firm, Ben served as Ohio's 10th Solicitor General. In that role he regularly represented the State of Ohio before the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, and the Supreme Court of Ohio. Most prominently, in National Federation of Independent Business v. Department of Labor, Ben led a multi-state challenge to OSHA's vaccine mandate, ultimately prevailing before the Supreme Court.
Ben is a graduate of The Ohio State University and the University of Chicago Law School. Following law school, Ben clerked for Judge Sandra Ikuta of the U.S. Court of Appeals for the Ninth Circuit and for Justice Antonin Scalia of the Supreme Court of this United States. Ben lives in Upper Arlington, Ohio with his wife Denise and their three very active children.
2017 Civil Justice Update
Mark A. Behrens, Sarah Goggans
This paper reviews key civil justice issues and reforms in 2017. Part I focuses on...
The Problem with the Proliferation of Collateral Consequences
John G. Malcolm
Note from the Editor: This article discusses collateral consequences of criminal convictions and argues that...
Why Nineteenth Century Bans on “Sectarian” Aid Are Facially Unconstitutional: New Evidence on Plain Meaning
Robert G. Natelson
Note from the Editor: This article presents original research on the nineteenth century meaning of...
Topics
As Bail Reform Progresses, Yes, Bail Is Constitutional
If you read the text of the Eighth Amendment excessive bail clause, you may be...
Does the First Amendment Protect Hate Speech on Campus and Online?
Chicago Lawyers Chapter
Chicago , ILEthics CLE Teleforum 2017
Recent Developments Impacting the Ethical Practice of Law
TeleforumThe Supreme Court Need Not “Ignore Pleading Rules” to Decide the Constitutionality of Forced Union Dues Imposed on Public Employees
The petition for certiorari filed in Janus v. American Federation of State, County, & Municipal Employees,...
Federal Special Education Law and State School Choice Programs
Timothy Keller, Nat Malkus
Note from the Editor: In this article, Nat Malkus and Tim Keller outline the federal...
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John G. Malcolm
Note from the Editor: This article discusses the concept of mens rea, argues that too...
A New Court: Recap of the Supreme Court 2016-17
Chicago, Illinois