Judge, U.S. District Court, Eastern and Western Districts of Missouri
Josh Divine was most recently the Solicitor General of Missouri, where he oversaw the office's appellate and special litigation divisions. As Solicitor General, Mr. Divine led Missouri's trial and appellate teams to some of its most significant victories. Mr. Divine was lead counsel in blocking $700 billion in student loan bailouts attempted by the federal government. He was lead counsel in obtaining a $25 billion judgment against China for antitrust violations. And he was lead counsel in successfully defending the Missouri law that prohibits gender transition interventions in minors, making Missouri the only state in the nation to prevail at trial against an equal protection challenge to one of these laws. In addition, Mr. Divine's work at the trial court in Missouri v. Biden (restyled Murthy v. Missouri) helped expose systemic violations of the First Amendment by the federal government, which the trial court found was unconstitutionally pressuring social media companies to suppress millions of free speech posts.
Before serving as Solicitor General, Mr. Divine was Chief Counsel to U.S. Senator Josh Hawley, where he oversaw all legal issues, managed matters related to the Judiciary Committee, and developed tech policy. Mr. Divine clerked on the Supreme Court for Justice Thomas and on the Eleventh Circuit for Judge William Pryor. He received a J.D. from Yale Law School and a Bachelor of Science degree in mathematics from the University of Northern Colorado. His recent legal scholarship has appeared in the Virginia Law Review and the Hastings Law Journal.
Nonresident Senior Fellow, American Enterprise Institute
Jim Harper is a nonresident senior fellow at the American Enterprise Institute (AEI), where he focuses on privacy issues, and select legal and constitutional law issues.
A lawyer by training, Mr. Harper has served as counsel for the Subcommittee on Commercial, and Administrative Law of the US House Committee on the Judiciary and as counsel for the Senate Committee on Government Affairs. More recently, he worked at the Competitive Enterprise Institute and the Cato Institute, where he wrote on the intersection of business, technology, and public policy, including privacy, surveillance, data security, telecommunications, and cryptocurrencies. He also served as global policy counsel for the Bitcoin Foundation. Mr. Harper was a founding member of the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee. Early in his post-Hill career, he represented companies such as PayPal and Verisign before Congress.
Mr. Harper is the co-editor of “Terrorizing Ourselves: Why U.S. Counterterrorism Policy Is Failing and How to Fix It” (Cato Institute, 2010) and the author of “Identity Crisis: How Identification Is Overused and Misunderstood” (Cato Institute, 2006). He has written several amicus briefs in Fourth Amendment cases before the U.S. Supreme Court and has published scholarly articles in a variety of law journals. In the popular press, Mr. Harper has been published in The New York Times and The Wall Street Journal, among many other publications.
Mr. Harper has a law degree from the U.C. Hastings College of the Law, where he was editor-in-chief of the Hastings Constitutional Law Quarterly, and a BA from the University of California, Santa Barbara.
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.
Legal Fellow, Center for Constitutional Studies, Cato Institute
Brent Skorup is a legal fellow in the Cato Institute’s Robert A. Levy Center for Constitutional Studies.
Before joining Cato, he was a senior research fellow at the Mercatus Center at the George Mason University. His research areas include free speech, technology law, Fourth Amendment protections, regulation, and property law. Skorup has published pieces in economics and law journals and in popular media, including The Wall Street Journal, The New York Times, Bloomberg Law, Reuters, and Wired. He’s appeared as a TV and radio interview guest for news outlets like C‑SPAN, NPR, CBS News, ABC News, and CNBC Asia.
The Pennsylvania Supreme Court, a dissenting opinion at the Illinois Supreme Court, and the ALI's Restatement of the Law of Property have cited his legal research and he has testified as a technology and legal expert in legislative hearings in several states. Skorup has been appointed to several federal and state advisory bodies and he is currently a member of the Texas Advanced Air Mobility Advisory Committee.
Skorup has a BA in economics from Wheaton College and a law degree from the George Mason University School of Law, where he was articles editor for the Civil Rights Law Journal. He was a legal clerk at the FCC’s wireless bureau and Office of General Counsel and at the Energy and Commerce Committee in the U.S. House of Representatives.
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.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
John S. Battle Professor of Law, University of Virginia School of Law
Julia D. Mahoney teaches courses in property, government finance, constitutional law and nonprofit organizations. A graduate of Yale Law School, she joined the University of Virginia faculty as an associate professor in 1999 and is now John S. Battle Professor of Law. She has also taught at the University of Southern California Law School and the University of Chicago Law School, and before entering the legal academy, practiced law at the New York firm Wachtell, Lipton, Rosen & Katz. Her scholarly articles include works on land preservation, eminent domain, health care reform and property rights in human biological materials.
Director of Research, American Economic Liberties Project
Matt Stoller is a public intellectual who writes about the American anti-monopoly
tradition. He is the author of the Simon and Schuster book Goliath: The Hundred Year
War Between Monopoly Power and Democracy. Stoller is the Director of Research at
the American Economic Liberties Project. He publishes an email newsletter called BIG.
Stoller is a former policy advisor to the Senate Budget Committee, and worked in the House of Representatives on the Dodd–Frank Wall Street Reform Act.
He has lectured on competition policy and media at Columbia University, Harvard Law, Duke Law, Bertelsmann Foundation, Vrije Universiteit Brussel, West Point and the National Communications Commission of Taiwan. His writing has appeared in the Washington Post, the New York Times, Fast Company, Foreign Policy, the Guardian, Vice, The American Conservative, and the Baffler.
He has also produced for MSNBC and starred in a short-lived television show on FX called Brand X with Russell Brand.
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
Visiting Associate Professor of Law and Research Fellow for the Study of Objectivism
An accomplished scholar on Objectivism and privacy law, Professor Amy Peikoff has served as a faculty member at universities around the country over the past decade, teaching and writing in the areas of Contemporary Moral Problems, Contracts, Ethics, Information Privacy Law, Morality and Business, Philosophy of Law, Political Philosophy and Professional Responsibility. She served as a visiting lecturer at the University of Texas at Austin in 2003, a visiting assistant professor at the University of North Carolina at Chapel Hill in 2004, an assistant and associate professor at the U.S. Air Force Academy from 2005 to 2008, and as a visiting fellow at Chapman University School of Law from 2008 to 2012.
She joined Southwestern’s adjunct faculty in January 2013, also serving as a research fellow, and was appointed as Visiting Associate Professor and Research Fellow for the Study of Objectivism at Southwestern in July 2014. She is teaching courses in Law and Literature, Education Law and Jurisprudence Seminar. In her role as a Research Fellow, Professor Peikoff will engage in scholarly work related to the philosophy and writings of Ayn Rand. The Fellowship is funded by the Anthem Foundation for Objectivist Scholarship.
In trying to convey to her students some effective ways to approach their studies, Professor Peikoff shares what she found to be true in her own law school career. “If you care about what the law says about a particular issue, you will remember it and do better on exams,” she says. “Always try to connect what you're learning in school to things and people you value.”
Professor Peikoff’s articles have been published in a variety of scholarly journals such as Brandeis Law Journal, NYU Journal of Law & Liberty, St. John’s Law Review and Virginia Journal of Social Policy & The Law, among others. She has lectured and served as a panelist on privacy issues and individual rights at dozens of Objectivist conferences and scholarly forums around the country, including DePaul College of Law, Keck Graduate Institute, Stanford, UCLA and University of Texas at Austin, as well as the Liberty Conference in Brazil.
Professor Peikoff finds the most exciting aspect of her area of interest to be “seeing a problem and coming up with a solution that can affect something you care about.” For example, after writing about privacy issues for many years, she found her interest waning, until the 2012 Supreme Court decision in United States v. Jones inspired her to solve the problem of the "third-party doctrine" and, one year later, “Edward Snowden's revelations made that solution more relevant than ever.”
Visiting Associate Professor of Law and Research Fellow for the Study of Objectivism
An accomplished scholar on Objectivism and privacy law, Professor Amy Peikoff has served as a faculty member at universities around the country over the past decade, teaching and writing in the areas of Contemporary Moral Problems, Contracts, Ethics, Information Privacy Law, Morality and Business, Philosophy of Law, Political Philosophy and Professional Responsibility. She served as a visiting lecturer at the University of Texas at Austin in 2003, a visiting assistant professor at the University of North Carolina at Chapel Hill in 2004, an assistant and associate professor at the U.S. Air Force Academy from 2005 to 2008, and as a visiting fellow at Chapman University School of Law from 2008 to 2012.
She joined Southwestern’s adjunct faculty in January 2013, also serving as a research fellow, and was appointed as Visiting Associate Professor and Research Fellow for the Study of Objectivism at Southwestern in July 2014. She is teaching courses in Law and Literature, Education Law and Jurisprudence Seminar. In her role as a Research Fellow, Professor Peikoff will engage in scholarly work related to the philosophy and writings of Ayn Rand. The Fellowship is funded by the Anthem Foundation for Objectivist Scholarship.
In trying to convey to her students some effective ways to approach their studies, Professor Peikoff shares what she found to be true in her own law school career. “If you care about what the law says about a particular issue, you will remember it and do better on exams,” she says. “Always try to connect what you're learning in school to things and people you value.”
Professor Peikoff’s articles have been published in a variety of scholarly journals such as Brandeis Law Journal, NYU Journal of Law & Liberty, St. John’s Law Review and Virginia Journal of Social Policy & The Law, among others. She has lectured and served as a panelist on privacy issues and individual rights at dozens of Objectivist conferences and scholarly forums around the country, including DePaul College of Law, Keck Graduate Institute, Stanford, UCLA and University of Texas at Austin, as well as the Liberty Conference in Brazil.
Professor Peikoff finds the most exciting aspect of her area of interest to be “seeing a problem and coming up with a solution that can affect something you care about.” For example, after writing about privacy issues for many years, she found her interest waning, until the 2012 Supreme Court decision in United States v. Jones inspired her to solve the problem of the "third-party doctrine" and, one year later, “Edward Snowden's revelations made that solution more relevant than ever.”
Partner, Quinn Emanuel
John F. Bash is an American attorney who served as the United States Attorney for the Western District of Texas from 2017 to 2020. After graduating from Harvard Law School, Mr. Bash clerked for Judge Kavanaugh during his first year on the bench and went on to clerk for Justice Antonin Scalia. He then served as an Assistant to the Solicitor General in the U.S. Department of Justice, where he argued ten cases in the United States Supreme Court. He also served briefly as Special Assistant to the President and Associate Counsel to the President before his appointment as United States Attorney.
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.
Deputy Director, Center for Democracy & Technology
Jake Laperruque is Deputy Director of CDT’s Security and Surveillance Project. Prior to joining CDT, Jake worked as Senior Counsel at the Constitution Project at the Project On Government Oversight.
He also previously served as a Program Fellow at the Open Technology Institute, and a Law Clerk on the Senate Subcommittee on Privacy, Technology, and the Law. Jake is a graduate of Harvard Law School and Washington University in St. Louis.
The Supreme Court and Free Speech in the Digital Age
Nashville Lawyer Chapter
Nashville, TNDigital Privacy and the Fourth Amendment: Data Ownership, Warrants, and Constitutional Rights
Jim Harper, Orin S. Kerr, Brent Skorup
As Americans use smartphones, search engines, AI tools, and financial services, they generate vast amounts...
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Free to Speak for a Living? Professional Speech and the First Amendment Back at SCOTUS
The Supreme Court’s 2018 decision in National Institute of Family & Life Advocates v. Becerra...
Data Privacy Deep Dive - Part I | Katz on the Internet [The FedSoc Films Podcast]
John C. Richter
In this Part 1 episode of the FedSoc Films Podcast, John Richter, a partner at...
NetChoice and Murthy: Speech and Coercion in the Digital Age
Alan Gura, Julia D. Mahoney, Matt Stoller, Todd J. Zywicki
What can state actors do to protect or interfere with online public discourse? The recent...
Third Parties and the Fourth Amendment [The FedSoc Films Podcast]
Amy Peikoff
In this episode of the FedSoc Films Podcast, Amy Peikoff, Chief Policy Officer at BitChute,...
Searching for the Fourth Amendment |Katz on the Internet: Privacy in the Digital Age
In this episode of the FedSoc Films Podcast, we spoke with Professor Jeffrey Bellin, a...
Katz on the Internet: Privacy in the Digital Age
Amy Peikoff, John F. Bash, Orin S. Kerr, Jake Laperruque
You may be familiar with “cats” on the internet - their furry antics inspired the...
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The Free State Foundation's Fourteenth Annual Policy Conference on May 6
The Free State Foundation's Fourteenth Annual Policy Conference will be held on May 6 at...
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The Spirit of the First Amendment Matters More than Ever in the Digital Age
In a 1999 Northwestern Law Review article, Professor Burt Neuborne noted that the First Amendment...