Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Professor of Law, University of Michigan Law School
Prof. Samuel Bagenstos, who serves as professor of law, specializes in civil rights law, public law, and litigation. From 2009-2011, he was a political appointee in the U.S. Department of Justice, where he served as the Principal Deputy Assistant Attorney General for Civil Rights, the number-two official in the Civil Rights Division. His accomplishments included the promulgation of the 2010 Americans with Disabilities Act regulations—the first comprehensive update of those regulations since they were first promulgated in 1991—and the reinvigoration of the Civil Rights Division's enforcement of the Supreme Court's decision in Olmstead v. L.C., which guarantees people with disabilities the right to live and receive services in the most integrated setting appropriate. He led the negotiations of significant Olmstead v. L.C., which guarantees people with disabilities the right to live and receive services in the most integrated setting appropriate. He led the negotiations of significant Olmsteadsettlements with the states of Delaware and Georgia, which guarantee appropriate, community-based services to thousands of people with disabilities. He also personally argued major cases in federal district courts and courts of appeals.
As an academic, Prof. Bagenstos has published articles in journals such as the Yale Law Journal, the Columbia Law Review, the California Law Review, the Virginia Law Review, and many others. He also has published two books: Law and the Contradictions of the Disability Rights Movement (2009, Yale University Press); and Disability Rights Law: Cases and Materials (2010, Foundation Press). In his "spare time," Prof. Bagenstos remains an active appellate and Supreme Court litigator in civil rights and federalism cases. In one of the most notable cases he has argued, United States v. Georgia, 546 U.S. 151 (2006), the U.S. Supreme Court upheld, as applied to his client's case, the constitutionality of Title II of the Americans with Disabilities Act. Prof. Bagenstos has also testified before Congress on several occasions, including in support of the Fair Pay Restoration Act, the ADA Amendments Act, the Employment Non-Discrimination Act, and the Convention on the Elimination of All Forms of Discrimination Against Women, as well as on the application of the ADA to advancing technology and the problem of mental illness in prisons.
Prior to joining the Michigan Law faculty, Prof. Bagenstos was a professor of law, and, from 2007 to 2008, also associate dean for research and faculty development at Washington University School of Law. He has been on the faculty of Harvard Law School, and was a visiting professor at UCLA School of Law. He clerked for Judge Stephen Reinhardt on the Ninth Circuit for one year, and then joined the Civil Rights Division of the U.S. Department of Justice. Following that position, he served as law clerk for Justice Ruth Bader Ginsburg of the U.S. Supreme Court. In 1993, Prof. Bagenstos earned his JD, magna cum laude, from Harvard, where he received the Fay Diploma and was articles office co-chair for the Harvard Law Review.
Senior Litigation Counsel, New Civil Liberties Alliance
Throughout his 40-year career in private law practice in Washington, D.C., Richard Samp has specialized in appellate litigation with a focus on constitutional law. He served as Chief Counsel of the Washington Legal Foundation for more than 30 years. He has participated directly in more than 200 cases before the U.S. Supreme Court. Mr. Samp is a graduate of Harvard College and the University of Michigan Law School and clerked for a federal judge in Detroit.
General Counsel and Vice-President of Litigation, Washington Legal Foundation
Cory Andrews is General Counsel and Vice-President of Litigation for the Washington Legal Foundation (WLF). As counsel of record for WLF and other clients, he has authored more than 100 briefs, at petition and merits stages, in the U.S. Supreme Court. He also frequently litigates in state and federal appellate courts. Before joining WLF, Cory practiced trial and appellate law for White & Case LLP, where he litigated in state and federal courts on behalf of clients in the telecommunications, hospitality, and banking industries. He received his J.D. magna cum laude from the University of Florida, where he was Editor-in-Chief of the Florida Law Review and elected to the Order of the Coif. Upon graduation, Cory served as a law clerk to the Honorable Steven D. Merryday of the U.S. District Court for the Middle District of Florida.
Stefan Marculewicz is a Shareholder in the Washington, DC office of Littler Mendelson, P.C., and focuses his legal practice on traditional labor law matters, international labor law and standards, and non-traditional worker representation.
Jennifer Thomas is an Associate in the Washington, DC office of Littler Mendelson, P.C. where she concentrates her practice in the areas of labor and employment law.
Kansas Securities Commissioner
Aaron Jack, J.D., M.B.A., is the Kansas Securities Commissioner, a position he was appointed to by Kansas Governor Sam Brownback in 2011. Aaron was previously the West-Central Zone Director for New York Life where his 3,200 registered representatives produced over $1.5 billion in sales annually. Aaron was the first director in the history of New York Life to raise $1 billion in new assets for the company's investment management subsidiary, NYLIM.
Senior Executive Counsel, NFIB Small Business Legal Center
Elizabeth Milito serves as Senior Executive Counsel with the National Federation of Independent Business, a position she has held since March 2004. Ms. Milito came to NFIB from the U.S. Department of Veteran's Affairs where she defended the agency in employment and labor lawsuits and was responsible for training and counseling managers on fair employment and HR practices. She has an extensive background in tort, medical malpractice and employment law.
Prior to serving as an attorney at the Department of Veteran's Affairs, Ms. Milito worked as a trial attorney at Nationwide Insurance Company. At Nationwide, she completed over 100 trials to verdict. Ms. Milito was the editor of notes and comments for the Maryland Law Review at the University of Maryland School of Law where she earned her Juris Doctor degree in May of 1996. Following her education, she served as a clerk to the Honorable Alan M. Wilner on the Maryland Court of Appeals, the state's highest court.
Ms. Milito is responsible for managing litigation and amicus work for NFIB. She has testified before Congress, federal agencies, and state legislatures on the small business impact of labor and employment issues. She also comments and writes regularly on small business cases before federal and state courts. Ms. Milito frequently counsels businesses facing employment discrimination charges, wage and hour claims, wrongful termination lawsuits, and in most other areas of human resources law. She also provides and develops on-line and on-site training on a variety of employment law matters and is a frequent media spokesperson on employment and labor matters.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Associate Dean for Research and Intellectual Life, McKnight Presidential Professor in Law, Distinguished McKnight University Professor, Harlan Albert Rogers Professor in Law, Associate Director, Corporate Institute, University of Minnesota Law School
Professor Kristin E. Hickman is the McKnight Presidential Professor in Law, a Distinguished McKnight University Professor, and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School. She also has taught at Harvard Law School and Northwestern University School of Law. Professor Hickman teaches and writes primarily in the areas of administrative law, tax administration, and statutory interpretation. Her articles on these topics have appeared in the Columbia Law Review, Cornell Law Review, Virginia Law Review, Duke Law Journal, and other publications. She also co-authors the Administrative Law Treatise with Richard J. Pierce, Jr., and a casebook on federal administrative law with Pierce and Christopher J. Walker. Her scholarly work has been cited several times in opinions of the United States Supreme Court as well as regularly in lower court judicial opinions and court briefs.
In 2018-19, Professor Hickman served as Special Adviser to the Administrator of the Office of Information and Regulatory Affairs in Washington, D.C. She presently serves as a Senior Fellow, and previously served as a public member and chair of the judicial review committee, for the Administrative Conference of the United States. She also is a Fellow of the American College of Tax Counsel.
Professor Hickman received her B.S. degree in business administration with a concentration in accounting and a secondary major in history from Trinity University in San Antonio, Texas. After practicing for several years as a certified public accountant, Professor Hickman earned her J.D. degree, magna cum laude, from Northwestern University School of Law, where she was awarded the Raoul Berger Prize and the Lowden Wigmore Prize for her scholarly writings. Following law school, Professor Hickman clerked for The Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and practiced law as an associate with the Chicago office of Skadden, Arps, Slate, Meagher & Flom, concentrating on corporate and international tax transactions and matters.
The Internal Revenue Service
TeleforumRestraining Park Doctrine Prosecutions Against Corporate Officials Under the FDCA
Richard A. Samp, Cory L. Andrews
Note from the Editor: This paper analyzes the FDA’s “Park Doctrine” for prosecutions against corporate...
Pending Challenges to Obamacare
Labor Organizations by Another Name: The Worker Center Movement and its Evolution into Coverage under the NLRA and LMRDA
Stefan J. Marculewicz, Jennifer Thomas
I. Introduction The labor union, the primary collective advocate for workers’ rights in the United...
The Economic Freedom Amendment: A States-Based Response to the Nationalizing Effects of Bailouts and Federal Ownership of Corporate Stock
Aaron Jack
Note from the Editor: This paper discusses a proposed state constitutional amendment that would deny...
United States v. Home Concrete & Supply, LLC and Its Implications for Administrative Law
Elizabeth Milito
I. Introduction On April 25, 2012, the United States Supreme Court decided United States v....
ABA House of Delegates Considers Policies on Religious Profiling, SLAPPs, and Campaign Finance
Religious Profiling The Section of Individual Rights and Responsibilities Criminal Justice Section has proposed Recommendation...
A Religious Organization's Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment
In the second week of January, the U.S. Supreme Court handed down its unanimous decision...
Florida Constitutional Challenge to Obamacare: It All Comes Down to Broccoli
Karen Harned
Note from the Editor: This paper provides an update on the litigation dealing with the...
Goodbye Tax Exceptionalism
Kristin E. Hickman
In the past few decades, the practices and doctrines governing the interpretation and administration of...