Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
Zack is a Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Senior Associate Legal Fellow, The Buckeye Institute
Alex M. Certo is a Senior Associate Legal Fellow at The Buckeye Institute. In this role, Certo advances Buckeye’s public policy efforts by litigating cases that protect individuals’ rights and by contributing to more than 75 amicus briefs filed with the U.S. Supreme Court, as well as dozens of amicus briefs in state and lower federal courts. Additionally, Certo supports Buckeye’s policy work by analyzing the legal implications of proposed and pending legislation and by testifying before Ohio legislative committees.
Certo has been a member of the Federalist Society since 2019 and currently serves on the board of the Columbus Lawyers chapter, where he is vice president.
Certo’s legal experience includes working as a judicial extern for the Supreme Court of Ohio and as a summer extern in the Investigations Division of the Allegheny County District Attorney’s Office. Certo also worked as a law clerk for Agee, Clymer, Mitchell & Portman in Columbus, Ohio, focusing on workers’ compensation litigation.
Certo received his bachelor’s degree from Slippery Rock University and his Juris Doctor (magna cum laude) from Capital University Law School. In law school, Certo served on the associate board of the Capital University Law Review and competed on the Child Welfare and Adoption Law Moot Court team. Certo was the president of Capital’s Federalist Society chapter and vice president of the Labor and Employment Law Association. Certo also served as a teaching assistant for Capital’s Second Amendment course and a research assistant for a pair of faculty-written articles on public safety. Certo was awarded the CALI Excellence for the Future Award in Patent Law and the Ronald I. Friedman Memorial Service Award, and he was inducted into The Order of Barristers.
Before law school, Certo worked as a staff accountant. His work focused on preparing individual and small business tax filings and assisting small business owners with daily accounting needs.
Fellow, Georgetown University Center for the Constitution
Yonatan Green is a Fellow at the Georgetown University Center for the Constitution. He is co-founder and former Executive Director of the Jerusalem-based Israel Law & Liberty Forum, a project of the Tikvah Fund. He holds a degree in Law and Communications from the Hebrew University of Jerusalem and is a licensed attorney in Israel and New York.
Bingham Fellow, Institute for Justice
Anna Goodman is an attorney with the Institute for Justice. She is currently serving as IJ’s Bingham Fellow.
Before joining IJ, Anna clerked for Judge Gregory Frizzell of the U.S. District Court for the Northern District of Oklahoma. She has also been an Appellate Fellow at Horvitz & Levy and an adjunct professor at Pepperdine University School of Law.
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.
Newsweek Senior Editor-at-Large, Syndicated Columnist, Host of "The Josh Hammer Show," Article III Project Senior Counsel, Newsweek, Salem Media, Article III Project, David Horowitz Freedom Center
Josh Hammer is the senior editor-at-large of Newsweek and host of "The Josh Hammer Show," a podcast, a syndicated radio show, and TV program on Salem News Channel. A syndicated columnist through Creators Syndicate, Josh is a frequent pundit and essayist on political, legal, and cultural issues. He is also senior counsel for the Article III Project and Internet Accountability Project, as well as a Shillman Fellow with the David Horowitz Freedom Center and a fellow with the Palm Beach Freedom Institute.
An outspoken conservative, Josh opines on conservative intellectual trends, contemporary domestic and foreign policy debates, constitutional and legal issues, and the intersection of law, politics and culture. He has been published by many leading outlets, including the Los Angeles Times, the New York Post, Daily Mail, Newsweek, the Claremont Review of Books, National Affairs, American Affairs, The New Criterion, The National Interest, National Review, RealClearPolitics, First Things, City Journal, Public Discourse, Law & Liberty, Tablet Magazine, Deseret Magazine, Compact Magazine, Chronicles Magazine, The Spectator, The American Mind, The American Conservative, The European Conservative, American Greatness, American Compass, The Federalist, Blaze Media, TomKlingenstein.com, Townhall, The Daily Wire, The Daily Signal, The Daily Caller, The Epoch Times, Anchoring Truths, Fortune, Fox Business, The Jerusalem Post, The Times of Israel, The Forward, Jewish Telegraphic Agency and the Jewish Journal. He has also had legal scholarship published by the Harvard Journal of Law & Public Policy and the University of St. Thomas Law Journal.
Josh is a college campus speaker through Young America's Foundation and the Intercollegiate Studies Institute, and a law school campus speaker through the Federalist Society. Prior to Newsweek and The Daily Wire, where he was an editor, Josh worked at Kirkland & Ellis LLP and clerked for the Hon. James C. Ho on the U.S. Court of Appeals for the Fifth Circuit. Josh has also served as a John Marshall Fellow with the Claremont Institute and as a Fellow with the James Wilson Institute. He is the former host of "America on Trial with Josh Hammer," a one-season daily podcast with The First that covered the unique legal issues surrounding the 2024 presidential election.
Josh graduated from Duke University, where he majored in economics, and from the University of Chicago Law School. He lives in Florida, but remains an active member of the State Bar of Texas.
Of Counsel, Gibson, Dunn & Crutcher LLP
Prerak Shah is Of Counsel at Gibson, Dunn & Crutcher LLP. He was most recently the Acting United States Attorney for the Northern District of Texas, leading a team of approximately 120 Assistant U.S. Attorneys handling a wide range of cases, including securities fraud, health care fraud, the False Claims Act, computer crime, national security, tax fraud, money laundering, public corruption, and terrorism. Mr. Shah previously held several leadership positions at the Department of Justice, including Deputy Associate Attorney General in the office overseeing the work of the Antitrust, Civil, Civil Rights, Environment & Natural Resources, and Tax Divisions. Before joining the Justice Department, Mr. Shah served as Chief of Staff to Senator Ted Cruz and as a Chief Counsel on the Senate Judiciary Committee. He graduated from the University of Chicago Law School and clerked for the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.
Thomas W. Smith Fellow; Contributing Editor, City Journal, Manhattan Institute
Heather Mac Donald is the Thomas W. Smith Fellow at the Manhattan Institute, a contributing editor of City Journal, and a New York Times bestselling author. She is a recipient of the 2005 Bradley Prize. Mac Donald’s work at City Journal has covered a range of topics, including higher education, immigration, policing, homelessness and homeless advocacy, criminal-justice reform, and race relations. Her writing has appeared in the Wall Street Journal, Washington Post, New York Times, Los Angeles Times, The New Republic, and The New Criterion. Mac Donald's newest book, The Diversity Delusion: How Race and Gender Pandering Corrupt the University and Undermine Our Culture (2018), argues that toxic ideas first spread by higher education have undermined humanistic values, fueled intolerance, and widened divisions in our larger culture.
Mac Donald’s The War on Cops (2016), a New York Times bestseller, warns that raced-based attacks on the criminal-justice system, from the White House on down, are eroding the authority of law and putting lives at risk. Other previous works include The Burden of Bad Ideas (2001), a collection of Mac Donald’s City Journal essays, details the effects of the 1960s counterculture’s destructive march through America’s institutions. In The Immigration Solution: A Better Plan than Today’s (2007), coauthored with Victor Davis Hanson and Steven Malanga, she chronicles the effects of broken immigration laws and proposes a practical solution to securing the country’s porous borders. In Are Cops Racist? (2010), another City Journal anthology, Mac Donald investigates the workings of the police, the controversy over so-called racial profiling, and the anti-profiling lobby’s harmful effects on black Americans.
A nonpracticing lawyer, Mac Donald clerked for the Honorable Stephen Reinhardt, U.S. Court of Appeals for the Ninth Circuit, and was an attorney-advisor in the Office of the General Counsel of the U.S. Environmental Protection Agency and a volunteer with the Natural Resources Defense Council. She has frequently testified before U.S. House and Senate Committees. In 1998, Mac Donald was appointed to Mayor Rudolph Giuliani’s task force on the City University of New York. She has received numerous awards for her writing:
A frequent guest on Fox News and other TV and radio programs, Mac Donald holds a B.A. in English from Yale University, graduating with a Mellon Fellowship to Cambridge University, where she earned an M.A. in English and studied in Italy through a Clare College study grant. She holds a J.D. from Stanford University Law School.
At the Criminal Justice Legal Foundation's 2018 annual meeting in downtown Los Angeles, U.S. Attorney General Jeff Sessions called Mac Donald, “the greatest thinker on criminal justice in America today.”
Partner, Holland & Knight
William Shepherd is a trial lawyer in Holland & Knight's West Palm Beach and Washington, D.C., offices. Mr. Shepherd, who also serves as executive partner of the firm's West Palm Beach office, represents clients involved in civil and criminal government investigations. He also assists the general counsel of public and private companies in conducting sensitive internal investigations and compliance matters. In addition to his enforcement practice, Mr. Shepherd handles complex civil litigation in related subject matters. Prior to joining the firm, Mr. Shepherd served, at the appointment of the attorney general, as the statewide prosecutor of Florida and earlier in his career, as a prosecutor in Miami, Florida.
Chambers USA – America's Leading Business Lawyers guide has recognized Mr. Shepherd since 2013 for Litigation: White Collar Crime & Government Investigations.
Mr. Shepherd was elected to serve as chair of the 20,000 member Criminal Justice Section of the American Bar Association and served as a member of its Global Anti-Corruption Task Force and as division director of its White Collar Crime Division.
The Myth of Mass Incarceration Remains Strong—Despite All Evidence to the Contrary
Zack Smith
A review of Jeffrey Bellin, Mass Incarceration Nation: How the United States Became Addicted to...
Ohio Law Allowing Judges to Impose Indefinite Sentences Upheld at State Supreme Court
Alex Certo
In State v. Hacker,[1] the Ohio Supreme Court upheld, by a 5-2 decision, the constitutionality...
The Peculiar Case of the Israeli Legal System
Yonatan Green
The Israeli legal system often draws a great deal of confused and excited attention from...
Minnesota Supreme Court Grapples with Voting Rights and Equal Protection
Anna Goodman
The Minnesota Supreme Court recently decided a challenge to Minnesota’s system for restoring voting rights...
Under-Incarceration with Josh Hammer & Prerak Shah
Chicago Lawyers Chapter
Chicago, ILState Court Docket Watch: Mills v. Arizona Board of Technical Registration
In Mills v. Arizona Board of Technical Registration,[1] the Arizona Supreme Court considered whether...
Morally 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...
Forced Clandestine Practice and Religious Persecution
“Persecution” is defined as “to cause to suffer because of belief.” Merriam-Webster’s Collegiate Dictionary 866 (10th...
The Ferguson Effect, The War on Cops, Over-Incarceration, and more!
Miami Lawyers Chapter
Coral Gables, FLTopics
SCOTUS Orders and Opinions: 6/15/2015
ORDER LIST: - Dollar General v. Mississippi Band of Choctaw issue: Whether Indian tribal courts...