Scott K. Ginsburg Professor of Health Law & Policy, Georgetown University
David A. Hyman, M.D., J.D., is the Scott K. Ginsburg Professor of Health Law & Policy at Georgetown University. Professor Hyman focuses his research and writing on the regulation and financing of health care. He teaches or has taught health care regulation, civil procedure, insurance, medical malpractice, law & economics, professional responsibility, and tax policy.
While serving as Special Counsel to the Federal Trade Commission, Professor Hyman was principal author and project leader for the first joint report ever issued by the Federal Trade Commission and Department of Justice, “Improving Health Care: A Dose of Competition” (2004). He is also the author of Medicare Meets Mephistopheles, which was selected by the U.S. Chamber of Commerce/National Chamber Foundation as one of the top ten books of 2007, and the co-author (with Charles Silver) of Overcharged: Why Americans Pay Too Much for Health Care (2018). He has published widely in student-edited law reviews and peer-reviewed medical, health policy, law, and economics journals.
Floyd & Irma Calvert Chair of Law and Liberty and Professor of Law, University of Oklahoma College of Law
Rick Tepker is the first member of the OU law faculty to appear, argue and win a case before the United States Supreme Court. In 1987, the Court appointed Tepker as counsel for petitioner, an indigent juvenile sentenced to death. Thompson v. Oklahoma, 487 U.S. 815 (1988). It was the first case in which an American court overturned a death sentence on constitutional grounds because the condemned was too young at the time of the crime.
Professor Tepker has had a wide range of university and professional service, including: chair of the university Faculty Senate; two-time chair of the campus Tenure Committee; secretary for the American Bar Association Section on Labor and Employment Law; historian of the Tenth Circuit Historical Society; and professor-in-residence for the U.S. Equal Employment Opportunity Commission. During his tenure with the EEOC, he represented the agency in U.S. Supreme Court cases concerning university academic freedom in Title VII cases (Univ. of Pennsylvania v. EEOC, 493 U.S. 182 (1990)) and pension benefit plans under the federal age discrimination statute (Public Employee Retirement System v. Betts, 492 U.S. 158 (1989)).
Tepker is author of many law review articles and has earned numerous university teaching awards, including the University of Oklahoma Regents Award for Superior Teaching and the Merrick Foundation Award. In September 1998, the Regents of The University of Oklahoma named Professor Tepker as the first Calvert Chair of Law and Liberty. He teaches courses in the areas of constitutional law, employment law and equal employment opportunity.
Professor Tepker is a 1973 graduate of Claremont Men's College. He earned his law degree in 1976 from Duke University. He is a member of the Order of the Coif, Phi Beta Kappa, and the American Bar Association. Prior to joining the OU faculty, he practiced law for five years, specializing in labor and employment issues, as an associate with the Los Angeles firm of Gibson, Dunn & Crutcher.
Professor, University of Illinois College of Law
Robin Fretwell Wilson is the Mildred Van Voorhis Jones Chair in Law at the University of Illinois College of Law.
A scholar in family law, bioethics and law and religion, Professor Wilson has worked extensively on behalf of state and federal law reform efforts in each realm.
Across two decades, she has worked to secure laws protecting the autonomy of patients to decide when they will be used to teach intimate exams to medical students, laws now in place in 22 states—sixteen of which have been enacted since 2019.
Professor Wilson is known for bridging differences in the culture war. In 2015, she spent a month in residence with the Utah legislature, helping Utah state lawmakers to pass anti-discrimination legislation that balances religious liberty and LGBT rights. In 2019, Professor Wilson assisted the governor of Utah to craft regulations banning gay conversion therapy. In 2019, she also aided U.S. Representative Chris Stewart with portions of the “Fairness for All” he introduced in Congress. A member of the American Law Institute and a Fulbright Specialist, Professor Wilson has served as a consultant to the United Arab Emirates’ Judicial Department as they sought to create a parallel court system for the adjudication by expatriates of family law matters using the laws of their home country or of their faith traditions.
Professor Wilson is the author of 20 books, including her 2018 book, Religious Freedom, LGBT Rights, and the Prospects for Common Ground, with Yale University Professor William Eskridge, Jr., which is now in paperback at Cambridge University Press. Her other books include: The Contested Place of Religion in Family Law (Cambridge University Press, 2018, ed.), Reconceiving the Family: Critical Reflections on the American Law Institute’s Principles of the Law of Family Dissolution (Cambridge University Press, 2006, ed.); The Handbook of Children, Culture & Violence (Sage Publications, 2006, with Nancy Dowd and Dorothy Singer, eds.); Same-Sex Marriage and Religious Liberty: Emerging Conflicts (Rowman & Littlefield, 2008, with Douglas Laycock and Anthony Picarello, eds.); Health Law and Bioethics: Cases in Context (Aspen, 2008, with Joan Krause, Sandra Johnson, and Richard Saver, eds.); Domestic Relations: Cases and Materials, 8th edition (Foundation Press, 2017, with Walter Wadlington and Raymond C. O’Brien); and Understanding Family Law, 4th edition (LexisNexis, 2013, with John DeWitt Gregory and Peter N. Swisher). Her articles have appeared in the Boston College Law Review, Cornell Law Review, Emory Law Journal, Illinois Law Review, North Carolina Law Review, San Diego Law Review, U.C. Davis Law Review, and Washington and Lee Law Review, as well as in numerous peer-reviewed journals.
In 2010 and again in 2016, Professor Wilson was ranked among the Top Ten Family Law Scholars in the United States for scholarly impact. She ranks among the Top 10% of Authors in all time downloads on the Social Science Research Network. Professor Wilson’s scholarship has been cited by the Fifth, Seventh and Tenth Circuit Court of Appeals, the Minnesota Court of Appeals, lower federal courts, and the Supreme Courts of Delaware, Illinois, Iowa, and Washington.
Professor Wilson’s work has been featured in the New York Times, Wall Street Journal, National Public Radio’s All Things Considered, Washington Post, Los Angeles Times, The Atlantic Monthly, U.S. News and World Report, ABA Journal, Chronicle of Higher Education, Chicago Tribune, CNN Headline News, Good Morning America, ABC News, CBS News, Philadelphia Inquirer, Essence Magazine, The American Prospect, People Magazine, The American Conservative, The Australian, and Al Jazeera, among others. She has presented her research across the world, including the United Nations in Geneva, Switzerland, as well as in Argentina, Brazil, Peru, Chile, China, Israel, Qatar, the Netherlands, Italy, England, Wales, Poland, Spain, Serbia, Japan, Canada, Norway, Denmark, Australia, New Zealand, South Africa, Turkey, and France.
Professor Wilson has seven times been honored for her work on innovative laws that respect all persons. In 2007, she received the Citizen’s Legislative Award for her work on changing Virginia’s informed consent law. In 2018, Professor Wilson received the Thomas L. Kane Religious Freedom Award from the J. Reuben Clark Law Society, which is presented annually to an individual who exemplifies the spirit of religious liberty for all and who has contributed in significant ways to the defense of religious freedom in the public square.
In 2018, Professor Wilson was honored as one of the 150 for 150: Celebrating the Accomplishments of Women at the University of Illinois at Urbana-Champaign for its sesquicentennial celebration. In 2020, Professor Wilson received the 2020 Larine Y. Cowan Make a Difference Award for Advocacy for LGBTQ Affairs, a university-wide honor given by the Office of Diversity, Equity and Inclusion at the University of Illinois at Urbana-Champaign.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Partner, McCarter & English, LLP
Daniel Kelly brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience. Dan’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services, including emerging and established biomedical, intelligence, pharma, security, and textile R&D, manufacturing and production houses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies; Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers; and raw materials and component suppliers to large military prime contractors.
Dan is the author of the August 2018 edition Thomson Reuters’ Briefing Papers, which provides a comprehensive review of patent rights under “Other Transaction Agreements” (OTAs) with DoD and NASA. Heavily promoted by Congress, and only partially understood by industry, OTAs are quickly becoming DoD’s and NASA’s contractual vehicle of choice to lure commercial companies to sell the Government their latest and greatest technologies. However, OTAs are not governed by standard government contracts laws and regulations, meaning there are significant changes to the common provisions of ownership and license rights incident to government contracts and grants. The Briefing Paper should be required reading before entities enter into an OTA as a vehicle for developing new technologies for NASA and DoD to ensure their company’s intellectual property efforts are properly protected
In the matters, AdvanceMed Corporation, B-415360,B-415360.2,B-415360.3 (Dec 19, 2017), and AdvanceMed Corporation, B-414373.3 (Jan 10, 2018) Dan and the Government Contracts team at McCarter successfully defended its client Health Integrity, LLC (now Qlarant) against protests launched at the Government Accountability Office challenging awards by the Centers for Medicare and Medicaid Services (CMS) for Medicare and Medicaid audit and program integrity services.
Dan serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.
Dan serves as an adjunct member of the faculty at Suffolk University Law School where he has taught Government Contracts.
Dan receives Mentor of the Year Award in recognition of his contributions and support to NCMA Boston Chapter’s 2017-2018 Program Year.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Associate Professor of Law, William & Mary Law School
James Y. Stern joined the William & Mary faculty in 2013. His scholarship centers on property and private law theory, intellectual property, and conflict of laws. His articles have been selected for publication in the California Law Review, the Harvard Law Review, and the Virginia Law Review. He currently teaches Torts, the Intellectual Property Survey Course, and an advanced property seminar. He was awarded the Temple Bar Scholarship by the American Inns of Court Foundation in 2011 and is an honorary member of the Commercial Bar Association for England and Wales.
Professor Stern clerked for Justice Anthony Kennedy on the U.S. Supreme Court and for Judge J. Harvie Wilkinson on the U.S. Court of Appeals for the Fourth Circuit. He received his J.D. from the University of Virginia, where he was awarded the Traynor Prize for the best paper by a graduating student and named a John M. Olin Law and Economics Fellow. He was inducted into the Order of the Coif and the Raven Society, the university’s principal academic honor association.
Professor Stern received his undergraduate degree from Harvard, where he studied American history and literature and wrote his honors thesis on the influence of Friedrich Nietzsche on H.L. Mencken. He was awarded the John Harvard Scholarship and was selected to serve as the Harvard-Shrewsbury Fellow upon graduation.
Before coming to William & Mary, Professor Stern was Research Assistant Professor at University of Virginia Law School.
Professor, University of Illinois College of Law
Robin Fretwell Wilson is the Mildred Van Voorhis Jones Chair in Law at the University of Illinois College of Law.
A scholar in family law, bioethics and law and religion, Professor Wilson has worked extensively on behalf of state and federal law reform efforts in each realm.
Across two decades, she has worked to secure laws protecting the autonomy of patients to decide when they will be used to teach intimate exams to medical students, laws now in place in 22 states—sixteen of which have been enacted since 2019.
Professor Wilson is known for bridging differences in the culture war. In 2015, she spent a month in residence with the Utah legislature, helping Utah state lawmakers to pass anti-discrimination legislation that balances religious liberty and LGBT rights. In 2019, Professor Wilson assisted the governor of Utah to craft regulations banning gay conversion therapy. In 2019, she also aided U.S. Representative Chris Stewart with portions of the “Fairness for All” he introduced in Congress. A member of the American Law Institute and a Fulbright Specialist, Professor Wilson has served as a consultant to the United Arab Emirates’ Judicial Department as they sought to create a parallel court system for the adjudication by expatriates of family law matters using the laws of their home country or of their faith traditions.
Professor Wilson is the author of 20 books, including her 2018 book, Religious Freedom, LGBT Rights, and the Prospects for Common Ground, with Yale University Professor William Eskridge, Jr., which is now in paperback at Cambridge University Press. Her other books include: The Contested Place of Religion in Family Law (Cambridge University Press, 2018, ed.), Reconceiving the Family: Critical Reflections on the American Law Institute’s Principles of the Law of Family Dissolution (Cambridge University Press, 2006, ed.); The Handbook of Children, Culture & Violence (Sage Publications, 2006, with Nancy Dowd and Dorothy Singer, eds.); Same-Sex Marriage and Religious Liberty: Emerging Conflicts (Rowman & Littlefield, 2008, with Douglas Laycock and Anthony Picarello, eds.); Health Law and Bioethics: Cases in Context (Aspen, 2008, with Joan Krause, Sandra Johnson, and Richard Saver, eds.); Domestic Relations: Cases and Materials, 8th edition (Foundation Press, 2017, with Walter Wadlington and Raymond C. O’Brien); and Understanding Family Law, 4th edition (LexisNexis, 2013, with John DeWitt Gregory and Peter N. Swisher). Her articles have appeared in the Boston College Law Review, Cornell Law Review, Emory Law Journal, Illinois Law Review, North Carolina Law Review, San Diego Law Review, U.C. Davis Law Review, and Washington and Lee Law Review, as well as in numerous peer-reviewed journals.
In 2010 and again in 2016, Professor Wilson was ranked among the Top Ten Family Law Scholars in the United States for scholarly impact. She ranks among the Top 10% of Authors in all time downloads on the Social Science Research Network. Professor Wilson’s scholarship has been cited by the Fifth, Seventh and Tenth Circuit Court of Appeals, the Minnesota Court of Appeals, lower federal courts, and the Supreme Courts of Delaware, Illinois, Iowa, and Washington.
Professor Wilson’s work has been featured in the New York Times, Wall Street Journal, National Public Radio’s All Things Considered, Washington Post, Los Angeles Times, The Atlantic Monthly, U.S. News and World Report, ABA Journal, Chronicle of Higher Education, Chicago Tribune, CNN Headline News, Good Morning America, ABC News, CBS News, Philadelphia Inquirer, Essence Magazine, The American Prospect, People Magazine, The American Conservative, The Australian, and Al Jazeera, among others. She has presented her research across the world, including the United Nations in Geneva, Switzerland, as well as in Argentina, Brazil, Peru, Chile, China, Israel, Qatar, the Netherlands, Italy, England, Wales, Poland, Spain, Serbia, Japan, Canada, Norway, Denmark, Australia, New Zealand, South Africa, Turkey, and France.
Professor Wilson has seven times been honored for her work on innovative laws that respect all persons. In 2007, she received the Citizen’s Legislative Award for her work on changing Virginia’s informed consent law. In 2018, Professor Wilson received the Thomas L. Kane Religious Freedom Award from the J. Reuben Clark Law Society, which is presented annually to an individual who exemplifies the spirit of religious liberty for all and who has contributed in significant ways to the defense of religious freedom in the public square.
In 2018, Professor Wilson was honored as one of the 150 for 150: Celebrating the Accomplishments of Women at the University of Illinois at Urbana-Champaign for its sesquicentennial celebration. In 2020, Professor Wilson received the 2020 Larine Y. Cowan Make a Difference Award for Advocacy for LGBTQ Affairs, a university-wide honor given by the Office of Diversity, Equity and Inclusion at the University of Illinois at Urbana-Champaign.
Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Partner, Horvitz & Levy LLC
Felix Shafir is a partner at the firm. He has argued appeals in the California Supreme Court and the California Courts of Appeal, and has been lead and amicus counsel in numerous proceedings in the United States Court of Appeals for the Ninth Circuit.
Mr. Shafir focuses his practice on two areas at the cutting edge of California law: (1) the law of protected speech, including the First Amendment, defamation, California’s anti-SLAPP statute, and the litigation privilege; and (2) the defense of class and representative actions, often through resisting class certification efforts or the enforcement of arbitration agreements. He has also developed unique expertise in handling appeals involving employment disputes and employer liability, commercial litigation, intellectual property, environmental litigation, unfair competition lawsuits, and federal and state securities issues.
Mr. Shafir often works with clients and trial counsel before an appeal begins, advising them to preserve issues and present evidence in the best posture for appeal. He also prepares amicus briefs seeking to move or clarify the law in ways favorable to his clients and their members.
Mr. Shafir has represented many significant companies and organizations, including American Medical Response, the Chamber of Commerce of the United States of America, Omega S.A., See’s Candy Shops, Shell Oil Company, and the Southern California Gas Company.
Mr. Shafir is a past member of the California State Bar Committee on Appellate Courts and the Los Angeles County Bar Association’s State Appellate Judicial Evaluation Committee.
In 2013, 2014, and 2016, the Los Angeles & San Francisco Daily Journal honored Mr. Shafir by naming him to its list of California’s “Top Labor and Employment Lawyers.” He was also named a Rising Star by California Super Lawyers from 2007 to 2014.
Before joining the firm, Mr. Shafir held judicial clerkships with the Honorable Thomas J. Meskill, U.S. Court of Appeals, Second Circuit, and the Honorable Whitman Knapp, U.S. District Court, Southern District of New York. Mr. Shafir previously practiced at Mayer, Brown, Rowe & Maw LLP and Littler Mendelson, P.C., where he focused on all aspects of labor and employment defense and counseling.
Northwestern University School of Law, J.D., cum laude, 1999
University of California, Los Angeles, B.A., cum laude, 1996
Former Deputy Attorney General for Virginia
Kennerly Davis has over forty years of experience in corporate management, public service, and the private practice of law. He has held senior executive positions in a Fortune 500 electric and gas company. He has served as Deputy Attorney General for the Commonwealth of Virginia, and as a legislative aide to a U.S. Senator and a U.S. Congressman. He practiced law for 25 years with Hunton Andrews Kurth LLP.
Davis is active in the Federalist Society as a member of the Regulatory Process Working Group of the Regulatory Transparency Project, and as a member of the Execuitve Committee of the Administrative Law and Regulation Practice Group. He is active in the national Alumni Free Speech Alliance, and involved in AFSA-chapter initiatives, including litigation, to publicize and correct the serious legal problems created by university Diversity, Equity, and Inclusion programs and the anonymous bias reporting systems used to enforce those DEI programs.
Davis writes and speaks on a wide variety of topics, including those related to the Founding of America, the natural rights foundation of our Republic, the constitutional rule of law, equal protection and free speech, DEI programs and bias reporting systems, capitalism, regulation and regulatory reform, and economic development. His articles have appeared in The Wall Street Journal, the Washington Examiner, the Richmond Times-Dispatch, The Federalist Society Review, the FedSoc Blog, Real Clear Energy, Townhall, the Daily Caller, reports of the Center for Strategic & International Studies, and other publications. He appears frequently on radio, podcasts, and television.
Davis graduated with honors from Cornell University with an A.B. degree in Government. He earned an M.A. degree from Pembroke College, Oxford, in Philosophy, Politics, and Economics. He was awarded a J.D. degree from Harvard Law School, and an M.B.A. degree from Virginia Commonwealth University.
Davis lives in Richmond, Virginia. He can be contacted by email: j.kendavis@verizon.net, and by phone: (804) 624-8525.
The Future of Health Care Regulation and Privatization
Topics
Friedrichs Redux
Of the many cases affected by the untimely passing of Justice Antonin Scalia, no case...
Are There Any Limits on Abortion after Whole Women’s Health?
Helping Americans to Speak Freely
Jeremy B. Rosen, Felix Shafir
Note from the Editor: This article discusses different types of state anti-SLAPP laws and argues that...
Could a New Section 1983 Covering Federal Officials Curb Executive Branch Abuse of Constitutional Rights?
John Kennerly Davis
Note from the Editor: This article notes public distrust of the federal government in light...
Topics
Religious Liberty and Nondiscrimination Norms: Is Peaceful Coexistence Possible? (Part 2)
In my first blog post discussing the U.S. Commission on Civil Rights’ new report on...
2016 James Kent Summer Academy
Annapolis, MarylandDon't Thread on Me
A landmark decision against bureaucratic browbeating has advocates for limited government, free markets, and shapely...
Topics
Still, the Court Hears What It Wants to Hear
In Cuozzo Speed Technologies, LLC, v. Michelle K. Lee, Under Secretary of Commerce for...
Legal Ethics from the Bench
St. Louis, Missouri