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.
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.
Associate, Covington & Burling LLP
Eli Nachmany is an associate at Covington & Burling LLP in the Washington, DC, office. He clerked for Judge Steven J. Menashi of the U.S. Court of Appeals for the Second Circuit. Eli graduated magna cum laude from Harvard Law School, where he was Editor-in-Chief of the Harvard Journal of Law & Public Policy. Prior to law school, Eli served as the speechwriter to the U.S. Secretary of the Interior and as a domestic policy aide in the White House Office of American Innovation. He graduated summa cum laude from New York University with a B.S. in Sports Management. Eli’s scholarship on administrative law and executive power has appeared in the BYU Law Review, George Mason Law Review, Wake Forest Law Review, and Yale Law Journal Forum.
Lyle T. Alverson Professor of Law, George Washington University Law School
Professor Pierce is author of over twenty books and 130 articles on administrative law, government regulation, and the effects of various forms of government intervention on the performance of markets. His books and articles have been cited in hundreds of judicial opinions, including over a dozen opinions of the U.S. Supreme Court.
Senior Fellow, Competitive Enterprise Institute
Joel M. Zinberg, M.D., J.D. is a senior fellow with the Competitive Enterprise Institute. He is a native New Yorker who recently completed two years as General Counsel and Senior Economist at the Council of Economic Advisers in the Executive Office of the President. He practiced general and oncologic surgery in New York for nearly 30 years at the Mount Sinai Hospital and Icahn School of Medicine where he is an Associate Clinical Professor of Surgery. He has been involved with health policy issues and the interaction between law and medicine for his entire career. Dr. Zinberg taught for 10 years at the Columbia University Law School as a Lecturer in Law where he created a course on the legal, policy and ethical issues surrounding organ transplantation. He served for many years on the New York State Board of Professional Medical Conduct and on Mount Sinai's Ethics Committee and Institutional Review Board. He is past President and Trustee of the New York County Medical Society. Between 2015 and 2017 he was a Visiting Scholar at the American Enterprise Institute.
Dr. Zinberg has written for publications as varied as the Journal of the American Medical Association, the Bulletin of the American College of Surgeons, the Wall Street Journal, City Journal and law reviews. He is the author of book chapters on legal and policy issues in organ transplantation.
He received his J.D. degree from the Yale Law School, his M.D. from the Columbia University College of Physicians and Surgeons and his B.A. in economics with High Honors, Phi Beta Kappa, from Swarthmore College.
Senior Fellow, Competitive Enterprise Institute
Joel M. Zinberg, M.D., J.D. is a senior fellow with the Competitive Enterprise Institute. He is a native New Yorker who recently completed two years as General Counsel and Senior Economist at the Council of Economic Advisers in the Executive Office of the President. He practiced general and oncologic surgery in New York for nearly 30 years at the Mount Sinai Hospital and Icahn School of Medicine where he is an Associate Clinical Professor of Surgery. He has been involved with health policy issues and the interaction between law and medicine for his entire career. Dr. Zinberg taught for 10 years at the Columbia University Law School as a Lecturer in Law where he created a course on the legal, policy and ethical issues surrounding organ transplantation. He served for many years on the New York State Board of Professional Medical Conduct and on Mount Sinai's Ethics Committee and Institutional Review Board. He is past President and Trustee of the New York County Medical Society. Between 2015 and 2017 he was a Visiting Scholar at the American Enterprise Institute.
Dr. Zinberg has written for publications as varied as the Journal of the American Medical Association, the Bulletin of the American College of Surgeons, the Wall Street Journal, City Journal and law reviews. He is the author of book chapters on legal and policy issues in organ transplantation.
He received his J.D. degree from the Yale Law School, his M.D. from the Columbia University College of Physicians and Surgeons and his B.A. in economics with High Honors, Phi Beta Kappa, from Swarthmore College.
Counsel, The Judicial Confirmation Network
Wendy Long is legal counsel to the Judicial Confirmation Network. Until March 2005, she was a litigation partner in the New York office of Kirkland & Ellis LLP. Wendy was a law clerk to U.S. Supreme Court Justice Clarence Thomas and to Judge Ralph Winter of the U.S. Court of Appeals for the Second Circuit in New York. She is a graduate of Northwestern University School of Law, cum laude and Order of the Coif, where she was articles editor of the Northwestern University Law Review, and of Dartmouth College. She previously served as a press secretary in the U.S. Senate, for former U.S. Senator Bill Armstrong (R-Colo.) and former U.S. Senator Gordon Humphrey (R-N.H.).
Vice President and Legal Director, Legal Momentum
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Courthouse Steps Decision: FDA v. Wages and White Lion Investments, L.L.C.
Jonathan H. Adler, Kristin E. Hickman, Eli Nachmany, Richard J. Pierce
Under the Family Smoking Prevention and Tobacco Control Act, the FDA must approve new tobacco...
Explainer 62 - FDA's Regulation of Laboratory Developed Tests
Joel Zinberg
For many years FDA has claimed the authority to regulate Laboratory Developed Tests, that is...
Explainer Episode 48 - The FDA & the Practice of Medicine: Possible Regulation of Off-Label Prescriptions
Joel Zinberg
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 into law. This omnibus law...
Abortion and the Courts
Wendy Long, Jennifer G. Brown
The Supreme Court has upheld the constitutionality of the Partial-Birth Abortion Ban Act, passed by...
Colloquium: Junk Science, the Courts, and the Regulatory State (part II)
Jeffrey Bossert Clark
This article is part two of a two-part series covering the colloquium held on July...