Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Attorney, Pacific Legal Foundation
A lifelong lover of liberty, David McDonald joined Pacific Legal Foundation’s property rights team in 2023.
As the son of two former gold miners who spent his childhood visiting ghost towns and old mines in the Mojave Desert, he has always been fascinated by the frontier spirit that built this nation and sees the defense of private property rights as absolutely vital to keeping that spirit alive. After reading about eminent domain abuse for the first time in college (and Justice Clarence Thomas’ amazing dissent in Kelo), he realized he needed to become a lawyer so he could put a stop to the government’s flagrant violation of private property rights.
Prior to joining PLF, David was an attorney with Mountain States Legal Foundation in Colorado, where his practice primarily focused on the bureaucratic overreach and intransigence of federal land use agencies like the Bureau of Land Management. While at Mountain States, David represented individuals and small businesses whose rights had been violated by the government before both state and federal courts and administrative tribunals. Before that, he worked as a legal associate with the Cato Institute’s Center for Constitutional Studies, where he authored Supreme Court amicus briefs and scholarly articles on a number of constitutional topics.
David grew up in Southern California and received his undergraduate degree from the University of California, Los Angeles before attending Columbia University for law school.
When not trying to ruin government employees’ days, David can usually be found doing something nerdy like playing board games, arguing about the finer points of Tolkien lore, and taking pub trivia way too seriously.
David is a member of the bar only in the states of New York and Colorado.
Attorney, Klein O'Neill & Singh LLP
Mr. Klein is a registered patent attorney with over thirty years of experience in patent and trademark prosecution, licensing, opinion work, and litigation. Mr. Klein has written and prosecuted hundreds of patents in a wide variety of technologies. He has been engaged extensively in validity and infringement opinions, and he has experience in the litigation of all aspects of IP: Patents, trademarks, copyrights, and trade secrets.
Mr. Klein has served clients throughout the United States, as well as Europe, Taiwan, and Australia. Clients include start-up companies, and corporations of all sizes, including Fortune 500® companies.
Mr. Klein is now also an Adjunct Professor of Law at Chapman University Law School.
Partner, King & Spalding LLP
A partner in the FDA and Life Sciences practice at King & Spalding LLP, Marisa Maleck focuses on litigation, regulatory matters and public policy, with a focus on consumer products. As a former senior counsel at a bio-tech company and in private practice, Marisa has substantial experience with and is skilled in providing creative solutions in the face of uncertainty.
Marisa represents clients in a variety of matters with a focus on FDA-regulated products like food, beverages, pharmaceuticals, medical devices, wellness products, cosmetics, tobacco and cannabis. As a former senior counsel at an FDA-regulated biotech company and as a former partner in King & Spalding’s Litigation and Global Disputes practice group, she handled hundreds of suits in a multi-district litigation, multiple agency inquiries, an FTC lawsuit and 10+ state Attorney Generals actions. With a special focus on consumer fraud, social-media marketing and personal injury/wrongful death lawsuits, Marisa has successfully drafted and/or argued appellate briefs and critical motions in numerous cases—including class actions and complex litigation—before the U.S. Supreme Court, federal and state courts of appeals, and federal and state trial courts. She has also advocated tirelessly for her clients through engagement with agencies and policy-makers. She also advises her clients about legal risk (and how to avoid it) in investigations, enforcement actions, private litigation and private-equity investments.
Marisa also advocates for her clients’ interests in the court of public opinion. She is often solicited for her balanced legal analysis by members of the media. Marisa has appeared on (tv/radio) MSNBC, MSN, CNBC and NPR, and in (print) Newsweek, the National Law Journal, The Wall Street Journal, The Washington Post and Politico.
In addition, Marisa has an active pro-bono practice representing indigent defendants through federal appellate appointments as part of the Criminal Justice Act program and as a screener for the Mid-Atlantic Innocence Project.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Vice President, Practice Groups, The Federalist Society
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Gloucester County School Board v. G.G.: Judicial Overdeference Is Still a Massive Problem
Ilya Shapiro, David C. McDonald
Note from the Editor: This article discusses Auer deference, a central issue in Gloucester County...
Life Technologies Corp. v. Promega Corp. - Post-Decision SCOTUScast
Howard J. Klein
On February 22, 2017, the Supreme Court decided Life Technologies Corp. v. Promega Corp. Promega...
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Federalist Society Presents 2017 Bator Award
On Saturday, March 4, the Federalist Society presented the 2017 Paul M. Bator Award to...
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Federal Regulation, Judicial Stays, and the Right to Appeal
The election results have raised serious doubts about the future of President Obama’s Clean Power...
The Misapplication of eBay v. MercExchange, LLC
Marisa Maleck
Note from the Editor: This article discusses the Supreme Court’s decision in eBay Inc. v....
How John Roberts Begat Donald Trump: Judicial Restraint and the Rise of Populism
Charlotte, North CarolinaFinal Agency Actions and Judicial Review: United States Army Corps of Engineers v. Hawkes Co.
James S. Burling
Note from the Editor: This article discusses the Supreme Court’s recent decision in United States Army...
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Peruta, Flanagan, and the Right to Bear Arms in the Ninth Circuit
On June 9, 2016, an en banc panel of the Ninth Circuit Court of Appeals...
Fisher v. UT–Austin and the Future of Racial Preferences in College Admissions
Elizabeth Slattery
Note from the Editor: This article discusses the Supreme Court’s recent decision in Fisher v. University...
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Author Response: More on Judicial Impartiality
I concur wholeheartedly with Evan Bernick’s thesis, written in response to my recent blog, “Trump...