Senior Attorney, Institute for Justice
Paul Avelar is the Managing Attorney of the Institute for Justice Arizona Office. He joined the Institute in March 2010 and litigates free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts.
As the head of IJ’s national Braiding Freedom Initiative, Paul represents natural hair braiders across the country to protect their right to earn an honest living. The Initiative uses lawsuits, activism and research to remove laws that require potential braiders to undergo hundreds of costly training hours just to braid hair. Since IJ launched the Braiding Freedom Initiative in 2014, 12 additional states have freed braiders from unnecessary licensing burdens. Paul drafted the model Natural Hair Braiding Protection Act, which has been adopted in Arkansas, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, Texas and South Dakota. He is currently representing braiders in Missouri, where state laws infringe upon their right to earn an honest living.
In his free speech work, Paul has challenged numerous laws that trample First Amendment rights. In Arizona Freedom Club PAC v. Bennett, he represented candidates and independent groups in a successful U.S. Supreme Court challenge to the “matching funds” provision of Arizona’s publicly financed elections system. He represented grassroots groups and individuals in Arizona, Mississippi and Washington, where state laws burdened their political speech by requiring them to register with the government, to navigate complex regulations and to face fines and possible criminal penalties merely because they talked about political issues. In Washington, Paul protected a lawyer’s right to defend, pro-bono, the First Amendment rights of political speakers. Through litigation and legislation, Paul leads the fight against abusive civil forfeiture laws in Arizona and elsewhere.
Paul also co-authored the most comprehensive published study of economic liberty protections in the Arizona Constitution. The Chief Justice of the Arizona Supreme Court appointed Paul to the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, where he dissented from the majority report and called on leaders to substantially reform the Bar and state regulation of the practice of law. He often speaks at law schools across the country about constitutional issues and his work at IJ.
Prior to joining IJ-AZ, Paul worked as an attorney in Philadelphia. He clerked for Judge Roger Miner on the 2nd U.S. Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals.
Paul graduated manga cum laude from the Arizona State University College of Law in 2004 and was elected to the Order of the Coif. He received his undergraduate degree from Princeton University in 2000.
Shareholder, Greenberg Traurig, LLP
Dominic E. Draye has litigated at every level of the state and federal judiciary—from state trial court to the Supreme Court of the United States. His practice focuses on constitutional, regulatory, and environmental matters, and he has represented clients in both the public and private sectors. In the federal appellate courts, Mr. Draye has represented clients in the Second, Fifth, Seventh, Ninth, and D.C. Circuits.
Before joining Greenberg, Mr. Draye served as the Solicitor General of Arizona, where he briefed and argued the State’s highest-profile civil and criminal appeals and served as lead counsel for several multi-state coalitions litigating over agency rulemaking in the D.C. Circuit. Prior to government service, Mr. Draye was a litigator in the Washington, D.C., office of Kirkland & Ellis LLP, where his practice focused on legal issues and appeals.
Mr. Draye is a sought-after speaker on topics of administrative and constitutional law. He clerked for Hon. Edith H. Jones on the United States Court of Appeals for the Fifth Circuit and attended the University of Pennsylvania Law School.
Managing Partner, Statecraft
Kory Langhofer is the Managing Attorney at Statecraft PLLC, a law firm focusing on government and political law. His practice is concentrated in campaign finance, constitutional litigation, and political matters. He has previously worked as a federal prosecutor, as litigation counsel to the presidential campaigns for Mitt Romney and Donald Trump, and as general counsel for the 2016-2017 presidential transition team.
Kory received his A.B. in political science, summa cum laude, from the University of Illinois at Urbana-Champaign. He received his J.D. from Yale Law School, where he served as an Editor of The Yale Law Journal.
General Counsel, NRB
Dr. Michael P. Farris is a litigator, educator, public advocate, and communicator, and is widely recognized for his successful work on both the national and international stage.
He is the founding president of both the Home School Legal Defense Association (1983) and Patrick Henry College (2000) and continues to serve as Chairman of the Board of HSLDA and Chancellor Emeritus of PHC. Dr. Farris served as the President and CEO of Alliance Defending Freedom and continues to serve in a part-time capacity as Counselor to the President. He currently serves as General Counsel for National Religious Broadcasters.
Fiorello LaGuardia Professor of Clinical Law Emeritus, New York University School of Law
Prof. Martin Guggenheim ’71 has taught at NYU School of Law, where he now co-directs the Family Defense Clinic, since 1973. From 1998 to 2002, he was director of Clinical and Advocacy Programs. Guggenheim has been an active litigator in the area of children and the law and has argued leading cases on juvenile delinquency and termination of parental rights in the US Supreme Court. He is also a well-known scholar, having published more than 50 articles and book chapters, plus six books, including What’s Wrong with Children’s Rights (2005). His research has focused on adolescent abortion, First Amendment rights in schools, the role of counsel for children in court proceedings, and empirical research on child welfare practice, juvenile justice, and family law.
Professor of the Practice, Philosophy, McGrath Institute for Church Life, University of Notre Dame
Melissa Moschella is Professor of the Practice in Philosophy at the University of Notre Dame’s McGrath Institute for Church Life. Her work spans the fields of ethics, political philosophy, and law, and her areas of special expertise include natural law theory, biomedical ethics, and the family (especially parental rights). She is the author of To Whom Do Children Belong? Parental Rights, Civic Education and Children’s Autonomy (Cambridge University Press, 2016), and Ethics, Politics, and Natural Law: Principles for Human Flourishing (University of Notre Dame Press, forthcoming Spring 2025). Professor Moschella has also published numerous articles in scholarly journals as well as popular media outlets, including Notre Dame Law Review, The American Journal of Jurisprudence, The Journal of Law and Religion, Bioethics, The Journal of Medical Ethics, The New York Times, USA Today, The Washington Post, The Federalist, and First Things. She was recently awarded the Heritage Foundation’s Freedom and Opportunity Prize. She graduated magna cum laude from Harvard College, earned a Licentiate in Philosophy summa cum laude from the Pontifical University of the Holy Cross, and received her Ph.D. in Political Philosophy from Princeton University.
Director, Center for Judicial Engagement, Institute for Justice
Anthony Sanders is the Director of the Center for Judicial Engagement (CJE) at the Institute for Justice and a senior attorney. He joined IJ in 2010. As CJE’s director, he educates the public about the proper role of judges in enforcing constitutional limits on the size and scope of government. As a senior attorney he litigates cutting-edge constitutional cases protecting economic liberty, private property, freedom of speech and other individual liberties in both federal and state courts across the country.
One area of Anthony’s expertise is on using state constitutions to protect individual rights. He is the author of the book, published by University of Michigan Press, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters. He has also written several law review articles on state constitutional law, unenumerated rights, judicial review, economic liberty, property rights, international law, and other subjects. His work has appeared in publications such as the Iowa Law Review, Minnesota Law Review, American University Law Review, and Rutgers Law Review, and he has published opinion pieces in leading media outlets across the country. Further, he frequently speaks to various audiences on these matters and others, including judicial engagement, free speech, civil forfeiture, and the continuing importance of Magna Carta. Additionally, he hosts the weekly Short Circuit podcast, which often records live in front of law student audiences.
Anthony has litigated several cases in various state courts on state constitutional protections, as well as in federal courts on matters such as economic liberty, free speech, administrative law, and fines and fees abuse. Prior to joining IJ, Anthony served as a law clerk to Justice W. William Leaphart on the Montana Supreme Court. Anthony also worked for several years in private practice in Chicago where he was an active member of the Chicago Bar Association and chaired its Civil Rights Committee.
Anthony received his law degree cum laude from the University of Minnesota Law School in 2004, where he served as an articles submission editor for the Minnesota Law Review. He received his undergraduate degree from Hamline University in St. Paul, Minnesota, and his master’s degree from the University of Wisconsin-Madison. A dual U.S. and U.K. citizen, Anthony grew up on the islands of Vashon in Washington State, and Alderney in the British Channel Islands.
Partner, Schaerr Jaffe LLP
Gene Schaerr specializes in handling—and usually winning—civil appeals, writ proceedings and similar matters, both in appellate courts and in the law-focused proceedings at the trial-court or agency level that often determine success or failure on appeal. He has argued and won dozens of cases in a variety of forums—including the U.S. Supreme Court (where he has argued six cases), every federal circuit, and numerous federal district courts and state appellate courts. His win rate in the dozens of federal appeals he has argued in the past six years is over 75 percent.
He was a coordinator of Sidley Austin's appellate practice from 1993 until 2005, and from 2005 until 2014 was the chair of the nationwide appellate practice at Winston & Strawn—a practice he led to numerous recognitions in such publications as the Appellate Hot List. His personal practice successes have won him repeated recognition in such publications as Best Lawyers in Washington, D.C., Legal 500, D.C. Superlawyers, and Best Lawyers in America. In January 2014, Mr. Schaerr formed his own boutique litigation firm so that he could serve his clients without the conflicts and inefficiencies inherent in big-firm law practice.
Substantively, Mr. Schaerr's experience includes not only virtually every area of federal law, defamation, higher education law, immigration, insurance coverage, labor and employment, patent and trademark, privacy, product liability and warranty, statutory interpretation and tax.He has represented clients in virtually every sector, including automotive, communications, energy, financial services, health care, higher education, insurance, maritime, pharmaceuticals, technology and state and local government. He also teaches courses in Supreme Court litigation, religious freedom litigation and advanced litigation skills as an adjunct professor of law at the Brigham Young University law school.
Mr. Schaerr began law practice in 1987 following clerkships on the U.S. Supreme Court (for Chief Justice Warren Burger and Justice Antonin Scalia) and on the U.S. Court of Appeals for the D.C. Circuit (for then- Judge Kenneth Starr). He graduated in 1985 from the Yale Law School, where he was Editor-in-Chief of the Yale Journal on Regulation and Senior Editor of the Yale Law Journal. From 1991 to 1993, he served in the White House as Associate Counsel to the President, where he had responsibility for a wide range of constitutional and administrative-law issues, including those involving economic regulation, higher education, separation of powers, federalism and religious freedom. He serves as Chairman of the Constitutional Sources Project, a digital resource providing free public access to historical materials relevant to the U.S. Constitution.
Chief Judge, United States Court of Appeals, Fifth Circuit
Jennifer Walker Elrod is the Chief Judge of the United States Court of Appeals for the Fifth Circuit. She was nominated to the Fifth Circuit in 2007, and she served as a Circuit Judge on the court until assuming the role of Chief Judge in October 2024. Prior to serving as a Circuit Judge, Chief Judge Elrod was appointed and then twice elected Judge of the 190th District Court of Harris County, Texas, where she spent over five years presiding over more than 200 jury and non-jury trials.
Chief Judge Elrod graduated cum laude from Harvard Law School, where she was an active member of the Harvard Federalist Society, an Ames Moot Court finalist, and a Senior Editor of the Harvard Journal of Law & Public Policy. She clerked for the Honorable Sim Lake in the Southern District of Texas. Before serving as a judge, Chief Judge Elrod worked in private practice, focusing on civil litigation, antitrust, and employment matters.
She has been repeatedly recognized for her work as a jurist, as well as for her pro bono work and contributions to the community. She has been named the 2022 Texas Review of Law & Politics’ Jurist of the Year, the 2018 Harvard Federalist Society’s Alumni of the Year, the 2016–17 Texas Association of Civil Trial and Appellate Specialists’ Appellate Judge of the Year, and the 2008 Mexican-American Bar Association of Texas’s Judge of the Year.
Chief Judge Elrod is actively engaged in the academic and legal communities. Chief Judge Elrod currently serves on the Board of Directors and as the Jurist-in-Residence at the South Texas College of Law, where she teaches civil procedure and First Amendment law. She is also a member of the American Law Institute and of the Board of Advisors for the Harvard Journal of Law & Public Policy, and she is a former member of the Board of Regents of her alma mater, Baylor University, and the Board of Visitors at Brigham Young University Law School. She previously served as the Chair of the Codes of Conduct Committee for the Judicial Conference of the United States. She has also served as the M.D. Anderson Visiting Public Service Professor at the Texas Tech University School of Law and as Jurist-in-Residence at Brigham Young University Law School, and she has taught legal writing at the University of Houston Law Center. She presented the Lewis F. Powell, Jr. Distinguished Lecture at the Washington and Lee University School of Law and is a frequent speaker on the topics of trial and appellate procedure, ethics, employment law, and constitutional law. Chief Judge Elrod also serves on the board of the Garland R. Walker Inn of Court, and co-produces an annual musical CLE, for which her pupilage group has won multiple national awards.
Chief Judge Elrod’s publications include: Trial by Siri: AI Comes to the Courtroom; Don’t Mess with Texas Judges: In Praise of the State Judiciary; For Good: Enriching Your Practice and Your Life Through Pro Bono and Community Service; Is the Jury Still Out?: A Case for the Continued Viability of the American Jury; and W(h)ither the Jury? The Diminishing Role of the Jury Trial in our Legal System.
Senior Attorney, Institute for Justice
Rob Johnson is a senior attorney at the Institute for Justice, where he litigates to protect private property, free speech, and other individual rights. Rob is a nationally-recognized expert on civil forfeiture. He previously represented a series of small business owners who had their entire bank accounts seized by the IRS, and he launched an initiative that resulted in the IRS reopening hundreds of closed forfeiture cases and returning millions of dollars. He has also litigated cases challenging the constitutionality of civil forfeiture procedures, and he scored a victory striking down a forfeiture program as a violation of due process.
Beyond civil forfeiture, Rob has litigated cases defending a range of constitutional rights. He was part of teams that successfully challenged occupational licensing requirements for tour guides in Savannah and Charleston. He also developed a class action lawsuit fighting the NYPD’s use of a draconian “no-fault eviction” statute to coerce residents to waive their constitutional rights, which led New York City to reform the challenged law.
Rob’s writing has been published in the Wall Street Journal, Washington Post, Politico, and Reason, among other venues. Rob has testified about occupational licensing before the House and Senate Judiciary Committees and has twice testified about civil forfeiture before the House Ways & Means Oversight Subcommittee. He has also testified before state legislatures across the country.
From 2014-2017, Rob served as IJ’s first Elfie Gallun Fellow for Freedom and the Constitution. In that role, Rob wrote and spoke about the vital role the U.S. Constitution plays in protecting our most precious freedoms. He is currently at work on a book about the Fourteenth Amendment.
Rob studied literature and anthropology at Columbia University, and he studied law at Harvard Law School. Upon graduation, he clerked for Chief Judge Alex Kozinski on the Ninth Circuit and for Justice Anthony Kennedy on the Supreme Court.
Rob lives in Cleveland with his wife and two daughters—all named after characters in Shakespeare plays—and is an amateur large format photographer.
Donald Phillip Rothschild Research Professor, George Washington University Law School
Renée Lettow Lerner is Donald Phillip Rothschild Research Professor of Law at George Washington University Law School.
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She advises judges, lawyers, and government officials from the United States and countries in Europe, Latin America, and Asia about the differences between adversarial and nonadversarial legal systems.
She writes extensively about the history of American juries. Her work includes not only scholarly articles, but also online publications intended for a broader audience of legal professionals and the public. In many different settings, she has debated the role of juries with other academics and with lawyers. She has a book forthcoming with Oxford University Press in the Very Short Introduction Series entitled “The Jury.” She is also working on a book about the American civil jury, from the colonial period to the present.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009).
Her recent writings include a book review of Amalia D. Kessler’s Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877, 67 J. Legal Ed. 888 (2018); “How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury,” 40 Journal of the Legal Profession 215 (2016); “The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury,” in Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds., Cambridge University Press 2015); and “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014).
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She was a Rhodes Scholar at Oxford University, where she studied English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
Senior Attorney, Institute for Justice
Michael Bindas is a senior attorney with the Institute for Justice (IJ) and leads IJ’s educational choice team. In this role, he oversees a talented group of IJ attorneys who help policymakers design constitutionally defensible educational choice programs and who defend educational choice programs in courtrooms nationwide. He joined IJ in 2005.
Michael was part of IJ’s litigation team in Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held the exclusion of religious options from Montana’s educational choice program unconstitutional, and he led IJ’s defense of the Choice Scholarship Program for elementary and secondary students in Douglas County, Colorado. He also successfully challenged Washington’s denial of special education services to children in religious schools, as well as the state’s exclusion of sectarian options from its state work study program. Currently, he leads IJ’s team in Carson v. Makin, challenging Maine’s exclusion of religious options from its educational choice program.
Prior to leading IJ’s educational choice team, Michael litigated extensively to secure economic liberty, property rights, and freedom of speech throughout the nation. He was counsel of record at the U.S. Supreme Court for Kimbrough Fine Wine & Spirits in Tennessee Wine and Spirits Retailers Association v. Thomas, a successful challenge to Tennessee’s durational residency requirements for retail liquor licenses. He also led successful challenges to the municipal sign codes of St. Louis, Mo. and Norfolk, Va., after those cities attempted to silence protests of their abusive eminent domain practices.
Prior to joining IJ, Michael spent three years as an attorney with Perkins Coie LLP. He is a former law clerk to Judge Rhesa Hawkins Barksdale of the U.S. Court of Appeals for the Fifth Circuit and served as an engineer officer in the United States Army and Pennsylvania Army National Guard before beginning his legal career.
Michael received his law degree cum laude from the University of Pennsylvania Law School in 2001, where he served as Articles Editor for the Journal of Constitutional Law and was elected to the Order of the Coif. He received his undergraduate degree from the United States Military Academy at West Point in 1995.
John P. Murphy Foundation Professor of Law and Associate Dean for External Engagement, University of Notre Dame Law School
Nicole Stelle Garnett is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where she also serves as the Associate Dean for External Engagement and directs the Notre Dame Education Law Project. Her teaching and research focus on education law and policy, religious liberty, and topics related to property law (especially land use and urban development policies). In addition to dozens of articles on these subjects, she is the author of Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America (University of Chicago Press, 2014) and Ordering the City: Land Use, Policing and the Restoration of Urban America (Yale University Press, 2009).
Garnett received her B.A. with distinction in Political Science from Stanford University and her J.D. from Yale Law School. After law school, she clerked for the Honorable Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and for Associate Justice Clarence Thomas of the Supreme Court of the United States. Before joining the law school faculty in 1999, she worked for two years as a staff attorney at the Institute for Justice, a non-profit public-interest law firm in Washington, D.C., where she helped to defend the constitutionality of the nation's first private-school-choice programs.
At Notre Dame, Garnett is a faculty fellow in the Institute for Educational Initiatives, Kellogg Institute for International Studies, Fitzgerald Institute for Real Estate, and deNicola Center for Ethics and Culture. She also is an elected member of the American Law Institute and a Senior Fellow at the Manhattan Institute.
Senior Fellow, American Federation for Children
Shaka Mitchell serves as a Senior Fellow for the American Federation for Children.
He brings experience from several high-performing charter school networks, including Rocketship Education and LEAD Public schools, that serve over 2,500 students in Nashville.
Shaka began his career in education as the Associate Director of Policy and Planning at the D.C.-based Center for Education Reform. He then led outreach efforts at the Institute for Justice, a constitutional law firm based in Arlington, VA.
He is an alumnus of Belmont University where he teaches American Government and Constitutional Law as an adjunct faculty member. He earned his Juris Doctorate from the Wake Forest University School of Law where he sits on the Board of Advisors for the Journal of Law and Policy. Shaka is a co-founder of MoreMarrowDonors.org, a non-profit committed to providing scholarships to bone marrow donors who are matches for patients with various blood diseases. Shaka is the Chair of the Tennessee State Advisory Committee to the U.S. Commission on Civil Rights.
He is a member of the American Enterprise Institute’s Leadership Network and Aspen Institute Civil Society Fellowship. Shaka and his wife Stephanie are members of Edgefield Church in Nashville and are active in several non-profit organizations.
Associate Professor and C. Boyden Gray Distinguished Scholar, University of North Carolina School of Law
Mark Storslee joined the Carolina Law faculty in 2025 and serves as Associate Professor and C. Boyden Gray Distinguished Scholar. His teaching and research interests include constitutional law, civil procedure, administrative law, and federal courts. Among other topics, his scholarship focuses on constitutional history, religious freedom, and First Amendment law generally. Storslee’s work has appeared in publications such as the University of Chicago Law Review, the University of Pennsylvania Law Review, the University of Virginia Law Review, Vanderbilt University Law Review, and the Journal of Law & Religion.
Storslee holds a J.D. from Stanford Law School and a Ph.D. in Religious Studies (ethics) from the University of Virginia. He also holds masters degrees from Duke University and the University of Edinburgh and a B.A. from Furman University. After law school, Storslee clerked for Judge Diarmuid O’Scannlain on the United States Court of Appeals for the Ninth Circuit, and later for Associate Justice Neil Gorsuch on the United States Supreme Court. He previously taught at Penn State Law School and Emory Law School, and served as the Executive Director of the Constitutional Law Center at Stanford Law School. He also worked as an appellate litigator at Williams & Connolly LLP.
Chief Judge, United States Court of Appeals, Fifth Circuit
Jennifer Walker Elrod is the Chief Judge of the United States Court of Appeals for the Fifth Circuit. She was nominated to the Fifth Circuit in 2007, and she served as a Circuit Judge on the court until assuming the role of Chief Judge in October 2024. Prior to serving as a Circuit Judge, Chief Judge Elrod was appointed and then twice elected Judge of the 190th District Court of Harris County, Texas, where she spent over five years presiding over more than 200 jury and non-jury trials.
Chief Judge Elrod graduated cum laude from Harvard Law School, where she was an active member of the Harvard Federalist Society, an Ames Moot Court finalist, and a Senior Editor of the Harvard Journal of Law & Public Policy. She clerked for the Honorable Sim Lake in the Southern District of Texas. Before serving as a judge, Chief Judge Elrod worked in private practice, focusing on civil litigation, antitrust, and employment matters.
She has been repeatedly recognized for her work as a jurist, as well as for her pro bono work and contributions to the community. She has been named the 2022 Texas Review of Law & Politics’ Jurist of the Year, the 2018 Harvard Federalist Society’s Alumni of the Year, the 2016–17 Texas Association of Civil Trial and Appellate Specialists’ Appellate Judge of the Year, and the 2008 Mexican-American Bar Association of Texas’s Judge of the Year.
Chief Judge Elrod is actively engaged in the academic and legal communities. Chief Judge Elrod currently serves on the Board of Directors and as the Jurist-in-Residence at the South Texas College of Law, where she teaches civil procedure and First Amendment law. She is also a member of the American Law Institute and of the Board of Advisors for the Harvard Journal of Law & Public Policy, and she is a former member of the Board of Regents of her alma mater, Baylor University, and the Board of Visitors at Brigham Young University Law School. She previously served as the Chair of the Codes of Conduct Committee for the Judicial Conference of the United States. She has also served as the M.D. Anderson Visiting Public Service Professor at the Texas Tech University School of Law and as Jurist-in-Residence at Brigham Young University Law School, and she has taught legal writing at the University of Houston Law Center. She presented the Lewis F. Powell, Jr. Distinguished Lecture at the Washington and Lee University School of Law and is a frequent speaker on the topics of trial and appellate procedure, ethics, employment law, and constitutional law. Chief Judge Elrod also serves on the board of the Garland R. Walker Inn of Court, and co-produces an annual musical CLE, for which her pupilage group has won multiple national awards.
Chief Judge Elrod’s publications include: Trial by Siri: AI Comes to the Courtroom; Don’t Mess with Texas Judges: In Praise of the State Judiciary; For Good: Enriching Your Practice and Your Life Through Pro Bono and Community Service; Is the Jury Still Out?: A Case for the Continued Viability of the American Jury; and W(h)ither the Jury? The Diminishing Role of the Jury Trial in our Legal System.
Senior Attorney, Institute for Justice
Rob Johnson is a senior attorney at the Institute for Justice, where he litigates to protect private property, free speech, and other individual rights. Rob is a nationally-recognized expert on civil forfeiture. He previously represented a series of small business owners who had their entire bank accounts seized by the IRS, and he launched an initiative that resulted in the IRS reopening hundreds of closed forfeiture cases and returning millions of dollars. He has also litigated cases challenging the constitutionality of civil forfeiture procedures, and he scored a victory striking down a forfeiture program as a violation of due process.
Beyond civil forfeiture, Rob has litigated cases defending a range of constitutional rights. He was part of teams that successfully challenged occupational licensing requirements for tour guides in Savannah and Charleston. He also developed a class action lawsuit fighting the NYPD’s use of a draconian “no-fault eviction” statute to coerce residents to waive their constitutional rights, which led New York City to reform the challenged law.
Rob’s writing has been published in the Wall Street Journal, Washington Post, Politico, and Reason, among other venues. Rob has testified about occupational licensing before the House and Senate Judiciary Committees and has twice testified about civil forfeiture before the House Ways & Means Oversight Subcommittee. He has also testified before state legislatures across the country.
From 2014-2017, Rob served as IJ’s first Elfie Gallun Fellow for Freedom and the Constitution. In that role, Rob wrote and spoke about the vital role the U.S. Constitution plays in protecting our most precious freedoms. He is currently at work on a book about the Fourteenth Amendment.
Rob studied literature and anthropology at Columbia University, and he studied law at Harvard Law School. Upon graduation, he clerked for Chief Judge Alex Kozinski on the Ninth Circuit and for Justice Anthony Kennedy on the Supreme Court.
Rob lives in Cleveland with his wife and two daughters—all named after characters in Shakespeare plays—and is an amateur large format photographer.
Donald Phillip Rothschild Research Professor, George Washington University Law School
Renée Lettow Lerner is Donald Phillip Rothschild Research Professor of Law at George Washington University Law School.
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She advises judges, lawyers, and government officials from the United States and countries in Europe, Latin America, and Asia about the differences between adversarial and nonadversarial legal systems.
She writes extensively about the history of American juries. Her work includes not only scholarly articles, but also online publications intended for a broader audience of legal professionals and the public. In many different settings, she has debated the role of juries with other academics and with lawyers. She has a book forthcoming with Oxford University Press in the Very Short Introduction Series entitled “The Jury.” She is also working on a book about the American civil jury, from the colonial period to the present.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009).
Her recent writings include a book review of Amalia D. Kessler’s Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877, 67 J. Legal Ed. 888 (2018); “How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury,” 40 Journal of the Legal Profession 215 (2016); “The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury,” in Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds., Cambridge University Press 2015); and “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014).
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She was a Rhodes Scholar at Oxford University, where she studied English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
Chief Judge, United States Court of Appeals, Fifth Circuit
Jennifer Walker Elrod is the Chief Judge of the United States Court of Appeals for the Fifth Circuit. She was nominated to the Fifth Circuit in 2007, and she served as a Circuit Judge on the court until assuming the role of Chief Judge in October 2024. Prior to serving as a Circuit Judge, Chief Judge Elrod was appointed and then twice elected Judge of the 190th District Court of Harris County, Texas, where she spent over five years presiding over more than 200 jury and non-jury trials.
Chief Judge Elrod graduated cum laude from Harvard Law School, where she was an active member of the Harvard Federalist Society, an Ames Moot Court finalist, and a Senior Editor of the Harvard Journal of Law & Public Policy. She clerked for the Honorable Sim Lake in the Southern District of Texas. Before serving as a judge, Chief Judge Elrod worked in private practice, focusing on civil litigation, antitrust, and employment matters.
She has been repeatedly recognized for her work as a jurist, as well as for her pro bono work and contributions to the community. She has been named the 2022 Texas Review of Law & Politics’ Jurist of the Year, the 2018 Harvard Federalist Society’s Alumni of the Year, the 2016–17 Texas Association of Civil Trial and Appellate Specialists’ Appellate Judge of the Year, and the 2008 Mexican-American Bar Association of Texas’s Judge of the Year.
Chief Judge Elrod is actively engaged in the academic and legal communities. Chief Judge Elrod currently serves on the Board of Directors and as the Jurist-in-Residence at the South Texas College of Law, where she teaches civil procedure and First Amendment law. She is also a member of the American Law Institute and of the Board of Advisors for the Harvard Journal of Law & Public Policy, and she is a former member of the Board of Regents of her alma mater, Baylor University, and the Board of Visitors at Brigham Young University Law School. She previously served as the Chair of the Codes of Conduct Committee for the Judicial Conference of the United States. She has also served as the M.D. Anderson Visiting Public Service Professor at the Texas Tech University School of Law and as Jurist-in-Residence at Brigham Young University Law School, and she has taught legal writing at the University of Houston Law Center. She presented the Lewis F. Powell, Jr. Distinguished Lecture at the Washington and Lee University School of Law and is a frequent speaker on the topics of trial and appellate procedure, ethics, employment law, and constitutional law. Chief Judge Elrod also serves on the board of the Garland R. Walker Inn of Court, and co-produces an annual musical CLE, for which her pupilage group has won multiple national awards.
Chief Judge Elrod’s publications include: Trial by Siri: AI Comes to the Courtroom; Don’t Mess with Texas Judges: In Praise of the State Judiciary; For Good: Enriching Your Practice and Your Life Through Pro Bono and Community Service; Is the Jury Still Out?: A Case for the Continued Viability of the American Jury; and W(h)ither the Jury? The Diminishing Role of the Jury Trial in our Legal System.
Senior Attorney, Institute for Justice
Rob Johnson is a senior attorney at the Institute for Justice, where he litigates to protect private property, free speech, and other individual rights. Rob is a nationally-recognized expert on civil forfeiture. He previously represented a series of small business owners who had their entire bank accounts seized by the IRS, and he launched an initiative that resulted in the IRS reopening hundreds of closed forfeiture cases and returning millions of dollars. He has also litigated cases challenging the constitutionality of civil forfeiture procedures, and he scored a victory striking down a forfeiture program as a violation of due process.
Beyond civil forfeiture, Rob has litigated cases defending a range of constitutional rights. He was part of teams that successfully challenged occupational licensing requirements for tour guides in Savannah and Charleston. He also developed a class action lawsuit fighting the NYPD’s use of a draconian “no-fault eviction” statute to coerce residents to waive their constitutional rights, which led New York City to reform the challenged law.
Rob’s writing has been published in the Wall Street Journal, Washington Post, Politico, and Reason, among other venues. Rob has testified about occupational licensing before the House and Senate Judiciary Committees and has twice testified about civil forfeiture before the House Ways & Means Oversight Subcommittee. He has also testified before state legislatures across the country.
From 2014-2017, Rob served as IJ’s first Elfie Gallun Fellow for Freedom and the Constitution. In that role, Rob wrote and spoke about the vital role the U.S. Constitution plays in protecting our most precious freedoms. He is currently at work on a book about the Fourteenth Amendment.
Rob studied literature and anthropology at Columbia University, and he studied law at Harvard Law School. Upon graduation, he clerked for Chief Judge Alex Kozinski on the Ninth Circuit and for Justice Anthony Kennedy on the Supreme Court.
Rob lives in Cleveland with his wife and two daughters—all named after characters in Shakespeare plays—and is an amateur large format photographer.
Donald Phillip Rothschild Research Professor, George Washington University Law School
Renée Lettow Lerner is Donald Phillip Rothschild Research Professor of Law at George Washington University Law School.
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She advises judges, lawyers, and government officials from the United States and countries in Europe, Latin America, and Asia about the differences between adversarial and nonadversarial legal systems.
She writes extensively about the history of American juries. Her work includes not only scholarly articles, but also online publications intended for a broader audience of legal professionals and the public. In many different settings, she has debated the role of juries with other academics and with lawyers. She has a book forthcoming with Oxford University Press in the Very Short Introduction Series entitled “The Jury.” She is also working on a book about the American civil jury, from the colonial period to the present.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009).
Her recent writings include a book review of Amalia D. Kessler’s Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877, 67 J. Legal Ed. 888 (2018); “How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury,” 40 Journal of the Legal Profession 215 (2016); “The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury,” in Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds., Cambridge University Press 2015); and “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014).
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She was a Rhodes Scholar at Oxford University, where she studied English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
General Counsel, NRB
Dr. Michael P. Farris is a litigator, educator, public advocate, and communicator, and is widely recognized for his successful work on both the national and international stage.
He is the founding president of both the Home School Legal Defense Association (1983) and Patrick Henry College (2000) and continues to serve as Chairman of the Board of HSLDA and Chancellor Emeritus of PHC. Dr. Farris served as the President and CEO of Alliance Defending Freedom and continues to serve in a part-time capacity as Counselor to the President. He currently serves as General Counsel for National Religious Broadcasters.
Fiorello LaGuardia Professor of Clinical Law Emeritus, New York University School of Law
Prof. Martin Guggenheim ’71 has taught at NYU School of Law, where he now co-directs the Family Defense Clinic, since 1973. From 1998 to 2002, he was director of Clinical and Advocacy Programs. Guggenheim has been an active litigator in the area of children and the law and has argued leading cases on juvenile delinquency and termination of parental rights in the US Supreme Court. He is also a well-known scholar, having published more than 50 articles and book chapters, plus six books, including What’s Wrong with Children’s Rights (2005). His research has focused on adolescent abortion, First Amendment rights in schools, the role of counsel for children in court proceedings, and empirical research on child welfare practice, juvenile justice, and family law.
Professor of the Practice, Philosophy, McGrath Institute for Church Life, University of Notre Dame
Melissa Moschella is Professor of the Practice in Philosophy at the University of Notre Dame’s McGrath Institute for Church Life. Her work spans the fields of ethics, political philosophy, and law, and her areas of special expertise include natural law theory, biomedical ethics, and the family (especially parental rights). She is the author of To Whom Do Children Belong? Parental Rights, Civic Education and Children’s Autonomy (Cambridge University Press, 2016), and Ethics, Politics, and Natural Law: Principles for Human Flourishing (University of Notre Dame Press, forthcoming Spring 2025). Professor Moschella has also published numerous articles in scholarly journals as well as popular media outlets, including Notre Dame Law Review, The American Journal of Jurisprudence, The Journal of Law and Religion, Bioethics, The Journal of Medical Ethics, The New York Times, USA Today, The Washington Post, The Federalist, and First Things. She was recently awarded the Heritage Foundation’s Freedom and Opportunity Prize. She graduated magna cum laude from Harvard College, earned a Licentiate in Philosophy summa cum laude from the Pontifical University of the Holy Cross, and received her Ph.D. in Political Philosophy from Princeton University.
Director, Center for Judicial Engagement, Institute for Justice
Anthony Sanders is the Director of the Center for Judicial Engagement (CJE) at the Institute for Justice and a senior attorney. He joined IJ in 2010. As CJE’s director, he educates the public about the proper role of judges in enforcing constitutional limits on the size and scope of government. As a senior attorney he litigates cutting-edge constitutional cases protecting economic liberty, private property, freedom of speech and other individual liberties in both federal and state courts across the country.
One area of Anthony’s expertise is on using state constitutions to protect individual rights. He is the author of the book, published by University of Michigan Press, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters. He has also written several law review articles on state constitutional law, unenumerated rights, judicial review, economic liberty, property rights, international law, and other subjects. His work has appeared in publications such as the Iowa Law Review, Minnesota Law Review, American University Law Review, and Rutgers Law Review, and he has published opinion pieces in leading media outlets across the country. Further, he frequently speaks to various audiences on these matters and others, including judicial engagement, free speech, civil forfeiture, and the continuing importance of Magna Carta. Additionally, he hosts the weekly Short Circuit podcast, which often records live in front of law student audiences.
Anthony has litigated several cases in various state courts on state constitutional protections, as well as in federal courts on matters such as economic liberty, free speech, administrative law, and fines and fees abuse. Prior to joining IJ, Anthony served as a law clerk to Justice W. William Leaphart on the Montana Supreme Court. Anthony also worked for several years in private practice in Chicago where he was an active member of the Chicago Bar Association and chaired its Civil Rights Committee.
Anthony received his law degree cum laude from the University of Minnesota Law School in 2004, where he served as an articles submission editor for the Minnesota Law Review. He received his undergraduate degree from Hamline University in St. Paul, Minnesota, and his master’s degree from the University of Wisconsin-Madison. A dual U.S. and U.K. citizen, Anthony grew up on the islands of Vashon in Washington State, and Alderney in the British Channel Islands.
Partner, Schaerr Jaffe LLP
Gene Schaerr specializes in handling—and usually winning—civil appeals, writ proceedings and similar matters, both in appellate courts and in the law-focused proceedings at the trial-court or agency level that often determine success or failure on appeal. He has argued and won dozens of cases in a variety of forums—including the U.S. Supreme Court (where he has argued six cases), every federal circuit, and numerous federal district courts and state appellate courts. His win rate in the dozens of federal appeals he has argued in the past six years is over 75 percent.
He was a coordinator of Sidley Austin's appellate practice from 1993 until 2005, and from 2005 until 2014 was the chair of the nationwide appellate practice at Winston & Strawn—a practice he led to numerous recognitions in such publications as the Appellate Hot List. His personal practice successes have won him repeated recognition in such publications as Best Lawyers in Washington, D.C., Legal 500, D.C. Superlawyers, and Best Lawyers in America. In January 2014, Mr. Schaerr formed his own boutique litigation firm so that he could serve his clients without the conflicts and inefficiencies inherent in big-firm law practice.
Substantively, Mr. Schaerr's experience includes not only virtually every area of federal law, defamation, higher education law, immigration, insurance coverage, labor and employment, patent and trademark, privacy, product liability and warranty, statutory interpretation and tax.He has represented clients in virtually every sector, including automotive, communications, energy, financial services, health care, higher education, insurance, maritime, pharmaceuticals, technology and state and local government. He also teaches courses in Supreme Court litigation, religious freedom litigation and advanced litigation skills as an adjunct professor of law at the Brigham Young University law school.
Mr. Schaerr began law practice in 1987 following clerkships on the U.S. Supreme Court (for Chief Justice Warren Burger and Justice Antonin Scalia) and on the U.S. Court of Appeals for the D.C. Circuit (for then- Judge Kenneth Starr). He graduated in 1985 from the Yale Law School, where he was Editor-in-Chief of the Yale Journal on Regulation and Senior Editor of the Yale Law Journal. From 1991 to 1993, he served in the White House as Associate Counsel to the President, where he had responsibility for a wide range of constitutional and administrative-law issues, including those involving economic regulation, higher education, separation of powers, federalism and religious freedom. He serves as Chairman of the Constitutional Sources Project, a digital resource providing free public access to historical materials relevant to the U.S. Constitution.
General Counsel, NRB
Dr. Michael P. Farris is a litigator, educator, public advocate, and communicator, and is widely recognized for his successful work on both the national and international stage.
He is the founding president of both the Home School Legal Defense Association (1983) and Patrick Henry College (2000) and continues to serve as Chairman of the Board of HSLDA and Chancellor Emeritus of PHC. Dr. Farris served as the President and CEO of Alliance Defending Freedom and continues to serve in a part-time capacity as Counselor to the President. He currently serves as General Counsel for National Religious Broadcasters.
Fiorello LaGuardia Professor of Clinical Law Emeritus, New York University School of Law
Prof. Martin Guggenheim ’71 has taught at NYU School of Law, where he now co-directs the Family Defense Clinic, since 1973. From 1998 to 2002, he was director of Clinical and Advocacy Programs. Guggenheim has been an active litigator in the area of children and the law and has argued leading cases on juvenile delinquency and termination of parental rights in the US Supreme Court. He is also a well-known scholar, having published more than 50 articles and book chapters, plus six books, including What’s Wrong with Children’s Rights (2005). His research has focused on adolescent abortion, First Amendment rights in schools, the role of counsel for children in court proceedings, and empirical research on child welfare practice, juvenile justice, and family law.
Professor of the Practice, Philosophy, McGrath Institute for Church Life, University of Notre Dame
Melissa Moschella is Professor of the Practice in Philosophy at the University of Notre Dame’s McGrath Institute for Church Life. Her work spans the fields of ethics, political philosophy, and law, and her areas of special expertise include natural law theory, biomedical ethics, and the family (especially parental rights). She is the author of To Whom Do Children Belong? Parental Rights, Civic Education and Children’s Autonomy (Cambridge University Press, 2016), and Ethics, Politics, and Natural Law: Principles for Human Flourishing (University of Notre Dame Press, forthcoming Spring 2025). Professor Moschella has also published numerous articles in scholarly journals as well as popular media outlets, including Notre Dame Law Review, The American Journal of Jurisprudence, The Journal of Law and Religion, Bioethics, The Journal of Medical Ethics, The New York Times, USA Today, The Washington Post, The Federalist, and First Things. She was recently awarded the Heritage Foundation’s Freedom and Opportunity Prize. She graduated magna cum laude from Harvard College, earned a Licentiate in Philosophy summa cum laude from the Pontifical University of the Holy Cross, and received her Ph.D. in Political Philosophy from Princeton University.
Director, Center for Judicial Engagement, Institute for Justice
Anthony Sanders is the Director of the Center for Judicial Engagement (CJE) at the Institute for Justice and a senior attorney. He joined IJ in 2010. As CJE’s director, he educates the public about the proper role of judges in enforcing constitutional limits on the size and scope of government. As a senior attorney he litigates cutting-edge constitutional cases protecting economic liberty, private property, freedom of speech and other individual liberties in both federal and state courts across the country.
One area of Anthony’s expertise is on using state constitutions to protect individual rights. He is the author of the book, published by University of Michigan Press, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters. He has also written several law review articles on state constitutional law, unenumerated rights, judicial review, economic liberty, property rights, international law, and other subjects. His work has appeared in publications such as the Iowa Law Review, Minnesota Law Review, American University Law Review, and Rutgers Law Review, and he has published opinion pieces in leading media outlets across the country. Further, he frequently speaks to various audiences on these matters and others, including judicial engagement, free speech, civil forfeiture, and the continuing importance of Magna Carta. Additionally, he hosts the weekly Short Circuit podcast, which often records live in front of law student audiences.
Anthony has litigated several cases in various state courts on state constitutional protections, as well as in federal courts on matters such as economic liberty, free speech, administrative law, and fines and fees abuse. Prior to joining IJ, Anthony served as a law clerk to Justice W. William Leaphart on the Montana Supreme Court. Anthony also worked for several years in private practice in Chicago where he was an active member of the Chicago Bar Association and chaired its Civil Rights Committee.
Anthony received his law degree cum laude from the University of Minnesota Law School in 2004, where he served as an articles submission editor for the Minnesota Law Review. He received his undergraduate degree from Hamline University in St. Paul, Minnesota, and his master’s degree from the University of Wisconsin-Madison. A dual U.S. and U.K. citizen, Anthony grew up on the islands of Vashon in Washington State, and Alderney in the British Channel Islands.
Partner, Schaerr Jaffe LLP
Gene Schaerr specializes in handling—and usually winning—civil appeals, writ proceedings and similar matters, both in appellate courts and in the law-focused proceedings at the trial-court or agency level that often determine success or failure on appeal. He has argued and won dozens of cases in a variety of forums—including the U.S. Supreme Court (where he has argued six cases), every federal circuit, and numerous federal district courts and state appellate courts. His win rate in the dozens of federal appeals he has argued in the past six years is over 75 percent.
He was a coordinator of Sidley Austin's appellate practice from 1993 until 2005, and from 2005 until 2014 was the chair of the nationwide appellate practice at Winston & Strawn—a practice he led to numerous recognitions in such publications as the Appellate Hot List. His personal practice successes have won him repeated recognition in such publications as Best Lawyers in Washington, D.C., Legal 500, D.C. Superlawyers, and Best Lawyers in America. In January 2014, Mr. Schaerr formed his own boutique litigation firm so that he could serve his clients without the conflicts and inefficiencies inherent in big-firm law practice.
Substantively, Mr. Schaerr's experience includes not only virtually every area of federal law, defamation, higher education law, immigration, insurance coverage, labor and employment, patent and trademark, privacy, product liability and warranty, statutory interpretation and tax.He has represented clients in virtually every sector, including automotive, communications, energy, financial services, health care, higher education, insurance, maritime, pharmaceuticals, technology and state and local government. He also teaches courses in Supreme Court litigation, religious freedom litigation and advanced litigation skills as an adjunct professor of law at the Brigham Young University law school.
Mr. Schaerr began law practice in 1987 following clerkships on the U.S. Supreme Court (for Chief Justice Warren Burger and Justice Antonin Scalia) and on the U.S. Court of Appeals for the D.C. Circuit (for then- Judge Kenneth Starr). He graduated in 1985 from the Yale Law School, where he was Editor-in-Chief of the Yale Journal on Regulation and Senior Editor of the Yale Law Journal. From 1991 to 1993, he served in the White House as Associate Counsel to the President, where he had responsibility for a wide range of constitutional and administrative-law issues, including those involving economic regulation, higher education, separation of powers, federalism and religious freedom. He serves as Chairman of the Constitutional Sources Project, a digital resource providing free public access to historical materials relevant to the U.S. Constitution.
Senior Attorney, Institute for Justice
Michael Bindas is a senior attorney with the Institute for Justice (IJ) and leads IJ’s educational choice team. In this role, he oversees a talented group of IJ attorneys who help policymakers design constitutionally defensible educational choice programs and who defend educational choice programs in courtrooms nationwide. He joined IJ in 2005.
Michael was part of IJ’s litigation team in Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held the exclusion of religious options from Montana’s educational choice program unconstitutional, and he led IJ’s defense of the Choice Scholarship Program for elementary and secondary students in Douglas County, Colorado. He also successfully challenged Washington’s denial of special education services to children in religious schools, as well as the state’s exclusion of sectarian options from its state work study program. Currently, he leads IJ’s team in Carson v. Makin, challenging Maine’s exclusion of religious options from its educational choice program.
Prior to leading IJ’s educational choice team, Michael litigated extensively to secure economic liberty, property rights, and freedom of speech throughout the nation. He was counsel of record at the U.S. Supreme Court for Kimbrough Fine Wine & Spirits in Tennessee Wine and Spirits Retailers Association v. Thomas, a successful challenge to Tennessee’s durational residency requirements for retail liquor licenses. He also led successful challenges to the municipal sign codes of St. Louis, Mo. and Norfolk, Va., after those cities attempted to silence protests of their abusive eminent domain practices.
Prior to joining IJ, Michael spent three years as an attorney with Perkins Coie LLP. He is a former law clerk to Judge Rhesa Hawkins Barksdale of the U.S. Court of Appeals for the Fifth Circuit and served as an engineer officer in the United States Army and Pennsylvania Army National Guard before beginning his legal career.
Michael received his law degree cum laude from the University of Pennsylvania Law School in 2001, where he served as Articles Editor for the Journal of Constitutional Law and was elected to the Order of the Coif. He received his undergraduate degree from the United States Military Academy at West Point in 1995.
John P. Murphy Foundation Professor of Law and Associate Dean for External Engagement, University of Notre Dame Law School
Nicole Stelle Garnett is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where she also serves as the Associate Dean for External Engagement and directs the Notre Dame Education Law Project. Her teaching and research focus on education law and policy, religious liberty, and topics related to property law (especially land use and urban development policies). In addition to dozens of articles on these subjects, she is the author of Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America (University of Chicago Press, 2014) and Ordering the City: Land Use, Policing and the Restoration of Urban America (Yale University Press, 2009).
Garnett received her B.A. with distinction in Political Science from Stanford University and her J.D. from Yale Law School. After law school, she clerked for the Honorable Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and for Associate Justice Clarence Thomas of the Supreme Court of the United States. Before joining the law school faculty in 1999, she worked for two years as a staff attorney at the Institute for Justice, a non-profit public-interest law firm in Washington, D.C., where she helped to defend the constitutionality of the nation's first private-school-choice programs.
At Notre Dame, Garnett is a faculty fellow in the Institute for Educational Initiatives, Kellogg Institute for International Studies, Fitzgerald Institute for Real Estate, and deNicola Center for Ethics and Culture. She also is an elected member of the American Law Institute and a Senior Fellow at the Manhattan Institute.
Senior Fellow, American Federation for Children
Shaka Mitchell serves as a Senior Fellow for the American Federation for Children.
He brings experience from several high-performing charter school networks, including Rocketship Education and LEAD Public schools, that serve over 2,500 students in Nashville.
Shaka began his career in education as the Associate Director of Policy and Planning at the D.C.-based Center for Education Reform. He then led outreach efforts at the Institute for Justice, a constitutional law firm based in Arlington, VA.
He is an alumnus of Belmont University where he teaches American Government and Constitutional Law as an adjunct faculty member. He earned his Juris Doctorate from the Wake Forest University School of Law where he sits on the Board of Advisors for the Journal of Law and Policy. Shaka is a co-founder of MoreMarrowDonors.org, a non-profit committed to providing scholarships to bone marrow donors who are matches for patients with various blood diseases. Shaka is the Chair of the Tennessee State Advisory Committee to the U.S. Commission on Civil Rights.
He is a member of the American Enterprise Institute’s Leadership Network and Aspen Institute Civil Society Fellowship. Shaka and his wife Stephanie are members of Edgefield Church in Nashville and are active in several non-profit organizations.
Associate Professor and C. Boyden Gray Distinguished Scholar, University of North Carolina School of Law
Mark Storslee joined the Carolina Law faculty in 2025 and serves as Associate Professor and C. Boyden Gray Distinguished Scholar. His teaching and research interests include constitutional law, civil procedure, administrative law, and federal courts. Among other topics, his scholarship focuses on constitutional history, religious freedom, and First Amendment law generally. Storslee’s work has appeared in publications such as the University of Chicago Law Review, the University of Pennsylvania Law Review, the University of Virginia Law Review, Vanderbilt University Law Review, and the Journal of Law & Religion.
Storslee holds a J.D. from Stanford Law School and a Ph.D. in Religious Studies (ethics) from the University of Virginia. He also holds masters degrees from Duke University and the University of Edinburgh and a B.A. from Furman University. After law school, Storslee clerked for Judge Diarmuid O’Scannlain on the United States Court of Appeals for the Ninth Circuit, and later for Associate Justice Neil Gorsuch on the United States Supreme Court. He previously taught at Penn State Law School and Emory Law School, and served as the Executive Director of the Constitutional Law Center at Stanford Law School. He also worked as an appellate litigator at Williams & Connolly LLP.
Senior Attorney, Institute for Justice
Michael Bindas is a senior attorney with the Institute for Justice (IJ) and leads IJ’s educational choice team. In this role, he oversees a talented group of IJ attorneys who help policymakers design constitutionally defensible educational choice programs and who defend educational choice programs in courtrooms nationwide. He joined IJ in 2005.
Michael was part of IJ’s litigation team in Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held the exclusion of religious options from Montana’s educational choice program unconstitutional, and he led IJ’s defense of the Choice Scholarship Program for elementary and secondary students in Douglas County, Colorado. He also successfully challenged Washington’s denial of special education services to children in religious schools, as well as the state’s exclusion of sectarian options from its state work study program. Currently, he leads IJ’s team in Carson v. Makin, challenging Maine’s exclusion of religious options from its educational choice program.
Prior to leading IJ’s educational choice team, Michael litigated extensively to secure economic liberty, property rights, and freedom of speech throughout the nation. He was counsel of record at the U.S. Supreme Court for Kimbrough Fine Wine & Spirits in Tennessee Wine and Spirits Retailers Association v. Thomas, a successful challenge to Tennessee’s durational residency requirements for retail liquor licenses. He also led successful challenges to the municipal sign codes of St. Louis, Mo. and Norfolk, Va., after those cities attempted to silence protests of their abusive eminent domain practices.
Prior to joining IJ, Michael spent three years as an attorney with Perkins Coie LLP. He is a former law clerk to Judge Rhesa Hawkins Barksdale of the U.S. Court of Appeals for the Fifth Circuit and served as an engineer officer in the United States Army and Pennsylvania Army National Guard before beginning his legal career.
Michael received his law degree cum laude from the University of Pennsylvania Law School in 2001, where he served as Articles Editor for the Journal of Constitutional Law and was elected to the Order of the Coif. He received his undergraduate degree from the United States Military Academy at West Point in 1995.
John P. Murphy Foundation Professor of Law and Associate Dean for External Engagement, University of Notre Dame Law School
Nicole Stelle Garnett is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where she also serves as the Associate Dean for External Engagement and directs the Notre Dame Education Law Project. Her teaching and research focus on education law and policy, religious liberty, and topics related to property law (especially land use and urban development policies). In addition to dozens of articles on these subjects, she is the author of Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America (University of Chicago Press, 2014) and Ordering the City: Land Use, Policing and the Restoration of Urban America (Yale University Press, 2009).
Garnett received her B.A. with distinction in Political Science from Stanford University and her J.D. from Yale Law School. After law school, she clerked for the Honorable Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and for Associate Justice Clarence Thomas of the Supreme Court of the United States. Before joining the law school faculty in 1999, she worked for two years as a staff attorney at the Institute for Justice, a non-profit public-interest law firm in Washington, D.C., where she helped to defend the constitutionality of the nation's first private-school-choice programs.
At Notre Dame, Garnett is a faculty fellow in the Institute for Educational Initiatives, Kellogg Institute for International Studies, Fitzgerald Institute for Real Estate, and deNicola Center for Ethics and Culture. She also is an elected member of the American Law Institute and a Senior Fellow at the Manhattan Institute.
Senior Fellow, American Federation for Children
Shaka Mitchell serves as a Senior Fellow for the American Federation for Children.
He brings experience from several high-performing charter school networks, including Rocketship Education and LEAD Public schools, that serve over 2,500 students in Nashville.
Shaka began his career in education as the Associate Director of Policy and Planning at the D.C.-based Center for Education Reform. He then led outreach efforts at the Institute for Justice, a constitutional law firm based in Arlington, VA.
He is an alumnus of Belmont University where he teaches American Government and Constitutional Law as an adjunct faculty member. He earned his Juris Doctorate from the Wake Forest University School of Law where he sits on the Board of Advisors for the Journal of Law and Policy. Shaka is a co-founder of MoreMarrowDonors.org, a non-profit committed to providing scholarships to bone marrow donors who are matches for patients with various blood diseases. Shaka is the Chair of the Tennessee State Advisory Committee to the U.S. Commission on Civil Rights.
He is a member of the American Enterprise Institute’s Leadership Network and Aspen Institute Civil Society Fellowship. Shaka and his wife Stephanie are members of Edgefield Church in Nashville and are active in several non-profit organizations.
Associate Professor and C. Boyden Gray Distinguished Scholar, University of North Carolina School of Law
Mark Storslee joined the Carolina Law faculty in 2025 and serves as Associate Professor and C. Boyden Gray Distinguished Scholar. His teaching and research interests include constitutional law, civil procedure, administrative law, and federal courts. Among other topics, his scholarship focuses on constitutional history, religious freedom, and First Amendment law generally. Storslee’s work has appeared in publications such as the University of Chicago Law Review, the University of Pennsylvania Law Review, the University of Virginia Law Review, Vanderbilt University Law Review, and the Journal of Law & Religion.
Storslee holds a J.D. from Stanford Law School and a Ph.D. in Religious Studies (ethics) from the University of Virginia. He also holds masters degrees from Duke University and the University of Edinburgh and a B.A. from Furman University. After law school, Storslee clerked for Judge Diarmuid O’Scannlain on the United States Court of Appeals for the Ninth Circuit, and later for Associate Justice Neil Gorsuch on the United States Supreme Court. He previously taught at Penn State Law School and Emory Law School, and served as the Executive Director of the Constitutional Law Center at Stanford Law School. He also worked as an appellate litigator at Williams & Connolly LLP.
11th Annual SCOTUS Review
Phoenix Lawyer Chapter
Phoenix, AZTrial by Jury or Administrative Adjudication: What Would the Founders Say?
Jennifer Walker Elrod, Robert E. Johnson, Renée Lettow Lerner, Christopher J. Walker
In this Federalist Society America 250 series, experts analyze modern legal and policy debates through...
Trial by Jury or Administrative Adjudication: What Would the Founders Say?
Jennifer Walker Elrod, Robert E. Johnson, Renée Lettow Lerner, Christopher J. Walker
In this Federalist Society America 250 series, experts analyze modern legal and policy debates through...
Parental Rights from the Founding to Present Day
Michael P. Farris, Martin Guggenheim, Melissa Moschella, Anthony Sanders, Gene C. Schaerr
CLE credit for this event is available at On-Demand CLE. Parental rights have long occupied...
Parental Rights from the Founding to Present Day
Michael P. Farris, Martin Guggenheim, Melissa Moschella, Anthony Sanders, Gene C. Schaerr
CLE credit for this event is available at On-Demand CLE. Parental rights have long occupied...
Parental Rights from the Founding to Present Day
Trial by Jury or Administrative Adjudication: What Would the Founders Say?
The Founders Gave Us the Tools Series
How Did the Founders View the Role of Education?
Michael Bindas, Nicole Stelle Garnett, Shaka Laurence Mitchell, Mark Storslee
In this Federalist Society America 250 series, experts analyze modern legal and policy debates through...
How Did the Founders View the Role of Education?
Michael Bindas, Nicole Stelle Garnett, Shaka Laurence Mitchell, Mark Storslee
In this Federalist Society America 250 series, experts analyze modern legal and policy debates through...
How Did the Founders View the Role of Education?
The Founders Gave Us the Tools Series