General Counsel, United States Senator Jim Banks
Elle Bernstein serves as General Counsel to United States Senator Jim Banks (R-IN). In her capacity as General Counsel, Elle handles immigration policy, pro-life issues, and judicial nominations. Elle has served as counsel for amicus briefs on abortion and the Constitution, Title IX, and religious liberty. Her article, “Beyond Barbara: Towards A Jurisprudence of Nationhood,” is forthcoming in the Notre Dame Journal of Law, Ethics, and Public Policy.
Elle co-founded the Pro-Life Lawyers Caucus and is an executive committee member of the Federalist Society’s Immigration Practice Group. She has also held fellowships with the Claremont Institute, the James Wilson Institute, and Alliance Defending Freedom.
Previously, Elle was an Associate in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and clerked for the Honorable James C. Ho of the United States Court of Appeals for the Fifth Circuit.
Elle holds a B.A. in Philosophy from the King’s College and a J.D. from the University of Chicago Law School.
Senior Editor, National Review
Historian Richard Brookhiser is a senior editor of National Review, a senior fellow at the National Review Institute, and the author of several books, including Founders’ Son, Right Time, Right Place, George Washington on Leadership, What Would the Founders Do?, Gentleman Revolutionary, Rules of Civility, America’s First Dynasty, Alexander Hamilton, American, Founding Father: Rediscovering George Washington, Way of the WASP, and The Outside Story.
Professor of Law & Helen L. Crocker Faculty Scholar, Stanford Law School
Jud Campbell joined the faculty of Stanford Law School in 2023. He previously served as a professor of law at the University of Richmond School of Law and as a visiting professor of law at the University of Chicago Law School and at Harvard Law School. His academic focus is constitutional history and First Amendment law. His publications include articles in the Stanford Law Review, Yale Law Journal, Harvard Law Review, Texas Law Review, Constitutional Commentary, and Law and History Review. After completing his J.D. at Stanford Law School, he clerked for Judge Diane S. Sykes on the U.S. Court of Appeals for the Seventh Circuit, and for Judge José A. Cabranes on the U.S. Court of Appeals for the Second Circuit. He then served as the Executive Director of the Stanford Constitutional Law Center. He holds a bachelor’s degree from the University of North Carolina at Chapel Hill and two master’s degrees from the London School of Economics, where he studied as a Marshall Scholar.
Leitner Family Professor of International Law and Co-Founder & Co-Director of the Center on Asian Americans & the Law, Fordham University School of Law
Thomas H. Lee is the Leitner Family Professor of International Law at Fordham, where he teaches civil procedure, constitutional law, federal courts, international law, and the U.S. law of civil-military relations. His meticulously researched and historically-grounded scholarship has argued that the Eleventh Amendment reflected the classical international law principle that only a sovereign state—not its citizens or subjects— has rights against other sovereign states; that the Alien Tort Statute was a national-security peacekeeping statute, not an international human-rights statute, enacted in 1789 when the United States was a militarily weak state; and that the Natural Born Citizen Clause regarding presidential eligibility reflected natural-law principles of membership by descent as well as domestic birthplace. His current research examines the nature of Article III judicial power and the role of the federal courts in American society.
He is Co-Director of the Center on Asian Americans and the Law, Special Counsel at Hughes Hubbard & Reed, and a Member of the American Law Institute. He was Special Counsel to the General Counsel of the U.S. Department of Defense, a Member of the ICSID Panel of Conciliators, Adviser to the Constitutional Court of Korea, and Visiting Professor at Columbia, Harvard, and the University of Virginia law schools, as well as Faculty Director of International and Graduate Studies at Fordham from 2006 to 2019. Before his academic career, Lee clerked for Judge Michael Boudin of the First Circuit and Justice David Souter of the Supreme Court and served as an active-duty U.S. naval cryptology officer, afloat on submarines and surface combatants and ashore in Korea, Japan, and with the National Security Agency. He holds A.B. (summa cum laude), A.M. (Regional Studies—East Asia), and J.D. degrees from Harvard, where he was Articles Chair of the Harvard Law Review and a Ph.D. candidate (ABD) in Government.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
Clinical Professor of Law, University of Arizona, James E. Rogers College of Law
Tessa L. Dysart is the Assistant Director of Legal Writing and Associate Clinical Professor of Law at the University of Arizona, James E. Rogers College of Law. With the Hon. Leslie H. Southwick of the United States Court of Appeals for the Fifth Circuit, she co-authored the third edition of Winning on Appeal: Better Briefs and Oral Arguments. She manages the Appellate Advocacy Blog, writes on human trafficking and constitutional law, and lectures nationally on developing effective state anti-trafficking laws.
Professor Dysart is a graduate of Willamette University and Harvard Law School. She clerked for the Hon. Dennis W. Shedd of the United States Court of Appeals for the Fourth Circuit. Her practice experience includes working for the United States Department of Justice Office of Legal Policy and the Senate Judiciary Committee. Prior to joining the College of Law faculty she taught appellate advocacy and constitutional law courses at Regent University School of Law, where she coached award-winning moot court teams and advised the program to a national ranking.
Vice President for Legal Affairs, Goldwater Institute
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.
Laurence H. Silberman Chair in Constitutional Governance, American Enterprise Institute; Executive Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. He also directs the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
He writes on regulation and constitutional government for a variety of publications. He practiced law in Washington, D.C., after clerking for the D.C. Circuit's Judge David Sentelle. He also has been chairman of the ABA's Administrative Law Section.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court.
Julius E. Davis Professor of Law, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of the new book The Constitution of 1789: A New Introduction (Cambridge 2026). His previous books include A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). He is also the author of the casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 3d ed. 2025).
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
Clinical Instructional Fellow, Religious Freedom Clinic, Harvard Law School
Steven is an instructional fellow at the Religious Freedom Clinic. Before joining the clinic, he clerked in his hometown, San Diego, CA, for the Honorable Patrick J. Bumatay on the United States Court of Appeals for the Ninth Circuit. He received his J.D. from Stanford Law School, where he participated in Stanford’s Religious Liberty Clinic, and was Managing Editor of the Stanford Law & Policy Review. Before law school, Steven was a software engineer at Google, first in Mountain View, CA, and then in New York City. Steven received a B.S. in Physics and a B.A. in Linguistics from Stanford University.
Senior Counsel, First Liberty Institute
Prior to coming to First Liberty, Nate was the Founder and Chief Counsel of the Center for Religious Expression.
For over 3 decades, Nate has defended religious liberty in courtrooms all over the country. He has handled more than 500 litigated cases and 50 appeals before various federal appellate courts regarding, winning numerous landmark decisions, including Brindley v. City of Memphis, Johnson v. Minneapolis Park & Recreation Board, Boardley v. Dept. of Interior and Brown v. Polk County.
Nate is also a sought after speaker and has appeared on numerous television and radio shows, including Huckabee, Hannity, Fox and Friends, and the Hugh Hewitt show. He has been frequently quoted in major print media, like Time magazine, The New Yorker, The Wall Street Journal, National Review, and USA Today. He has also written op-eds and articles for various media outlets, including Townhall, American Thinker, One News Now, and was a regular contributor for the Christian Post.
Nate earned his Juris Doctorate from the University of Mississippi, graduating with honors in 1988. He is admitted to state bars in Tennessee and Mississippi, as well as numerous federal appellate courts.
Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime
Marc A. Levin is the Chief Policy Counsel for the Council on Criminal Justice (counciloncj.org) and Senior Advisor for Right on Crime.
An attorney and accomplished author on legal and public policy issues, Marc began the Foundation’s criminal justice program in 2005. This work contributed to nationally praised policy changes that have been followed by dramatic declines in crime and incarceration in Texas. Building on this success, in 2010, Levin developed the concept for the Right on Crime initiative, a TPPF project in partnership with Prison Fellowship and the American Conservative Union Foundation. Right on Crime has become the national clearinghouse for conservative criminal justice reforms and has contributed to the adoption of policies in dozens of states that fight crime, support victims, and protect taxpayers.
In 2014, Levin was named one of the “Politico 50” in the magazine’s annual “list of thinkers, doers, and dreamers who really matter in this age of gridlock and dysfunction.”
Marc has testified on criminal justice policy on four occasions before Congress and has testified before legislatures in states including Texas, Nevada, Kansas, Wisconsin, and California. He also has met personally with leaders such as U.S. Presidents, Speakers of the House, and the Justice Commtitee of the United Kingdom Parliament to share his ideas on criminal justice reform. In 2007, he was honored in a resolution unanimously passed by the Texas House of Representatives that stated, “Mr. Levin’s intellect is unparalleled and his research is impeccable.”
Since 2005, Marc has published dozens of policy papers on topics such as sentencing, probation, parole, reentry, and overcriminalization which are available on the TPPF website. Levin’s articles on law and public policy have been featured in publications such as the Wall Street Journal, USA Today, Texas Review of Law & Politics, National Law Journal, New York Daily News, Jerusalem Post, Toronto Star, Atlanta Journal-Constitution, Philadelphia Inquirer, San Francisco Chronicle, Washington Times, Los Angeles Daily Journal, Charlotte Observer, Dallas Morning News, Houston Chronicle, Austin American-Statesman, San Antonio Express-News and Reason Magazine.
In 1999, Marc graduated with honors from the University of Texas with a B.A. in Plan II Honors and Government. In 2002, Marc received his J.D. with honors from the University of Texas School of Law. Marc was a Charles G. Koch Summer Fellow in 1996. He served as a law clerk to Judge Will Garwood on the U.S. Court of Appeals for the Fifth Circuit and Staff Attorney at the Texas Supreme Court.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Founder & President, Due Process Institute
Shana founded the Due Process Institute because, after years of first-hand defense work and criminal legal reform advocacy, she became convinced that the Constitution needed and deserved its own lobbying firm--particularly in the area of procedural due process rights.
With 20 years of project management, lobbying, legal defense, and teaching experience, Shana's goal is to achieve meaningful solutions to as many of these problems, in the shortest amount of time possible, for the betterment of as many people as possible, as well as to prevent any of it from getting worse on her watch.
Chancellor’s Professor of Law, UC Irvine School of Law
Professor Simons is a leading scholar of tort law, criminal law, and law and philosophy and Co-director of the Center for Legal Philosophy. He has served since 2014 as Chief Reporter for the American Law Institute’s Restatement Third of Torts: Intentional Torts to Persons. In January 2019, he was the recipient of the 2019 William L. Prosser Award by the Association of American Law Schools Section on Torts and Compensation Systems, which recognizes “outstanding contributions of law teachers in scholarship, teaching and service” related to tort law and compensation systems.
Professor Simons has published influential scholarship concerning consent, assumption of risk and contributory negligence; the nature and role of mental states in criminal, tort and constitutional law; and negligence as a moral and legal concept. He has also explored such topics as bias crimes, corrective justice, the logic of egalitarian norms, mistake and impossibility in criminal law, and strict criminal liability.
Before joining UC Irvine School of Law, Prof. Simons was Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar in Law at Boston University School of Law. He was a law clerk to U.S. Supreme Court Justice Thurgood Marshall and to Judge James L. Oakes, U.S. Court of Appeals for the Second Circuit. Prof. Simons also worked as an associate at Goodwin, Procter & Hoar in Boston, in the field of civil litigation. He received his J.D. from Michigan Law School, magna cum laude, and graduated from Yale University, summa cum laude, with a B.A. in philosophy.
AI Innovation and Law Fellow, University of Texas School of Law
Kevin Frazier is an AI Innovation and Law Fellow with University of Texas School of Law.
Chief Economist, Foundation of American Innovation
Samuel Hammond is Chief Economist at the Foundation for American Innovation, where his research focuses on artificial intelligence and the institutional impact of emerging technologies. He previously worked as the director of social policy for the Niskanen Center, where he remains a senior fellow; as an economist for the Government of Canada specializing in regional economic development; and as a graduate research fellow for the Mercatus Center at George Mason University.
Sam received a BA in Economics from Saint Mary’s University and MA in Economics from George Mason University and Carleton University.
Raoul Berger Professor of Legal History at Northwestern University School of Law
Stephen Presser is a leading American legal historian and expert on shareholder liability for corporate debts. He is frequently an invited witness before committees of the U.S. Senate and House of Representatives on issues of constitutional law. He holds a joint appointment with the J. L. Kellogg Graduate School of Management and also teaches in Northwestern's history department.
Associate, Gibson, Dunn & Crutcher LLP
Stephen Hammer is a litigation associate in the Dallas office of Gibson, Dunn & Crutcher.
Before joining the firm, Mr. Hammer served as a law clerk to Chief Justice John G. Roberts, Jr. of the Supreme Court of the United States, Judge Gregory G. Katsas of the United States Court of Appeals for the District of Columbia Circuit, and Judge Jeffrey S. Sutton of the United States Court of Appeals for the Sixth Circuit.
Mr. Hammer graduated magna cum laude from Harvard Law School, where he served as managing editor of the Harvard Journal of Law and Public Policy. Before law school, Mr. Hammer served as an infantry officer in the 82nd Airborne Division of the United States Army. His military decorations include the Bronze Star. Mr. Hammer received an M.Phil. in theology from the University of Oxford, where he studied on a Rhodes scholarship. He received an A.B. summa cum laude in classics from Princeton University and graduated as Latin salutatorian.
Mr. Hammer is a member of the Texas and District of Columbia bars.
Plenary Session 1: Congressional Primacy at the Founding and Today
Featuring: Dr. Nicholas P. Cole, Senior Research Fellow, University of Oxford Mr. Yuval Levin, Senior Fellow, American Enterprise Institute...
What Were the Founders' Views of Citizenship?
Elle Rogers Bernstein, Richard Brookhiser, Jud Campbell, Thomas Lee
In this Federalist Society America250 series, experts analyze modern legal and policy debates through the...
Closing Banquet: Keynote Address and Presentation of the Annual Joseph Story Award and Feddie Awards*
Lawrence VanDyke
Keynote Address: The Proper Judicial Role, 250 Years Later Hon. Lawrence VanDyke, Judge, United States Court...
The Federalist’s Quill: A Mighty Tool—But Only If You Know How to Use It! A Mini-Session on Legal Writing
Tessa Dysart, Timothy Sandefur
Featuring: Prof. Tessa L. Dysart, Assistant Director of Legal Writing and Clinical Professor of Law, James...
Nondelegation and the Limits of Agency Authority after Consumers' Research and Loper Bright
Jonathan H. Adler, Adam White, Ilan Wurman
The panel will discuss the questions left open—or raised—by the Supreme Court’s decisions in FCC...
Courthouse Steps Oral Argument: Olivier v. City of Brandon
Steven Burnett, Nathan Kellum
Gabriel Olivier is an evangelical Christian who often shares his faith in public. In May...
Discussing Attempts to Address Federal Overcriminalization
Marc Levin, John G. Malcolm, Shana O’Toole, Kenneth W. Simons
A recent executive order entitled “Fighting Overcriminalization in Federal Regulations” and two congressional proposals: the...
Law for Little Tech: Part 4 - What are the Gaps in the Little Tech Agenda?
Kevin Frazier, Sam Hammond
“Starting small, but aspiring to grow” defines the little tech agenda. Big Tech companies often...
Supreme Court Roundup (OT2024)
Dallas Lawyers Chapter
Dallas, TXThe Past Is Not a Foreign Country: How a Historical Critique of Originalism Misses That the Past Is Prologue
Stephen B. Presser
A review of Jonathan Gienapp, Against Constitutional Originalism: A Historical Critique (2024) This review is...