William Henry Glasson Distinguished Professor of Economics, Duke University
Peter Arcidiacono is the William Henry Glasson Professor of Economics at Duke University. He received his PhD from the University of Wisconsin-Madison in 1999 and has taught at Duke University ever since. He is a fellow of the Econometric Society, the International Association of Applied Econometricians, and a senior fellow at the Manhattan Institute. He is best known for his work in three areas: college major choice, affirmative action in higher education, and structural estimation of dynamic discrete choice models. He served as an expert witness for the plaintiffs in the Supreme Court cases SFFA v. Harvard and SFFA v. UNC, examining the role race played in the admissions process at both institutions.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
Judge, United States Court of Appeals, Eleventh Circuit
On March 20, 2018, Judge Elizabeth L. Branch (Lisa) was sworn in as a United States Circuit Judge for the Eleventh Circuit.
Judge Branch attended and graduated from Davidson College in North Carolina (B.A., cum laude, 1990), and Emory University School of Law (J.D., with distinction, 1994).
After graduating from law school, Judge Branch served as a federal law clerk to The Honorable J. Owen Forrester of the U.S. District Court for the Northern District of Georgia from 1994 to 1996. Following her clerkship, Judge Branch joined the litigation department of Smith, Gambrell & Russell, LLP in Atlanta as an associate and then a partner.
From 2004 to 2008, Judge Branch was a senior official in the Administration of President George W. Bush in Washington, D.C. She served first as the Associate General Counsel for Rules and Legislation at the U.S. Department of Homeland Security and then as the Counselor to the Administrator of the Office of Information and Regulatory Affairs at the U. S. Office of Management and Budget.
She returned to Smith Gambrell in 2008 as a litigation partner. Judge Branch then was appointed to the Court of Appeals of Georgia by Governor Nathan Deal, taking office on September 4, 2012, where she served until March 19, 2018.
Judge Branch is a member of the Board of Advisors of the Atlanta Lawyers Chapter for the Federalist Society for Law and Public Policy Studies.
Professor of Law, Northwestern University
Julius Kreeger Professor of Law & Criminology, University of Chicago Law School
Sonja Starr joined the University of Chicago law faculty after eleven years teaching at the University of Michigan, where she was the Henry M. Butzel Professor of Law. She previously taught at the University of Maryland and Harvard Law School after graduating from Yale Law. She also clerked for Judges Merrick Garland of the DC Circuit and Mohamed Shahabuddeen of the International Criminal Tribunals for Rwanda and the Former Yugoslavia.
Professor Starr's research focuses on the criminal justice system and on discrimination and disparity (in the criminal process and in other contexts, including employment, education, and health care). Her research blends quantitative empirical work with more traditional legal scholarship. Topics include the use of predictive algorithms in sentencing and bail, legal and empirical analyses of statistical discrimination, racialized medical algorithms, educational diversity and race-conscious policymaking, racial and other disparities in prosecution and sentencing, policies designed to expand employment opportunities for people with criminal records, and how neighborhoods affect employment discrimination patterns. Professor Starr’s work has appeared in, for example, the Quarterly Journal of Economics, the Journal of Political Economy, the Yale Law Journal, and the Stanford and Harvard Law Reviews. She has been the Law and Economics Section Chair of the American Association of Law Schools, a past co-president of the Society for Empirical Legal Studies, and a board member of the American Law and Economics Association. She teaches Criminal Law, the Constitutional Law Workshop, Race and Criminal Justice Policy, and Collateral Consequences of Criminal Convictions.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Professor Emeritus of Political Science and Professor Emeritus of Public Policy, Univ. of Maryland Baltimore County
George R. La Noue is Professor Emeritus of Political Science and Professor Emeritus of Public Policy at the University of Maryland Baltimore County. He has served as a trial expert in twenty cases involving public procurement preferences. For thirty years, he was Director of the Project on Civil Rights and Public Contracts at UMBC which recently contributed 289 public contracting disparity studies to the Library of Congress. He has been a consultant to nine governments and trial expert in thirty cases where the validity of disparity studies was at issue.
Prof. La Noue can be reached by email at glanoue@umbc.edu.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Special Counsel, Cooley LLP
Bronwyn handles commercial and employment matters for clients ranging from early-stage startups to Fortune 100 companies. She has a broad-based practice in the area of employment, helping clients to minimize risk and resolve disputes through practical employment solutions and, when necessary, litigation. She has conducted numerous high-profile, sensitive investigations of employee misconduct and disloyalty, and she has helped guide employers through difficult resolutions.
Bronwyn represents technology and life sciences businesses in employment litigation matters, including the defense of employment discrimination cases, restrictive covenant litigation, wrongful discharge cases, wage and hour claims, employment contract matters, and trade secret and noncompetition cases. She is a first chair trial lawyer with extensive courtroom experience, and she regularly appears before state and federal courts, as well as the Massachusetts Commission Against Discrimination, for which she is an advisory board member advising the governor and the commission on policy matters.
Bronwyn counsels businesses on employment matters, including the preparation of human resource policies, hiring and recruiting, wage and hour compliance, worker classification, mobility issues, whistleblower allegations, discrimination, harassment, and reductions in force, as well as handling COVID-19 employment and workplace issues. Bronwyn regularly conducts, directs and advises on workplace investigations. She also provides corporate training on various employment issues.
Partner, Gibson Dunn & Crutcher
Jason C. Schwartz is a litigation partner in the Washington, D.C. office of Gibson Dunn, co-chair of the Labor & Employment Practice Group, General Counsel of the law firm and a member of the firm’s Executive Committee. Jason was recognized as an MVP in employment law five times, awarded by Law360 to “attorneys whose achievements in major litigation or transactions have set a new standard for accomplishment in corporate law.” Law360 referred to Jason as “an expert dismantler of worker class actions.”
Jason is ranked in Band 1 in Labor & Employment by Chambers USA, which stated, “He is a whip-smart, results-oriented and zealous advocate who is really committed to the client. His judgment is impeccable.” According to Chambers USA, “[c]lients note: He’s an excellent litigator with a good sense of the client’s needs in a business environment. He’s just a pleasure to work with. He’s disciplined, a great writer and gets great results.” Jason has been recognized as a Top 20 Labor & Employment Litigator in the U.S. by Benchmark Litigation; on the Top 100 list of the Nation’s Most Powerful Employment Attorneys by Human Resource Executive magazine; as a Top Lawyer in Employment Defense by Washingtonian Magazine; as a Leading Lawyer in Labor & Employment Disputes by The Legal 500 US; by Lawdragon 500 Leading Corporate Employment Lawyers for Labor & Employment (Litigation); in The Best Lawyers in America in the Employment Law-Management category; as a Super Lawyer by Washington, D.C. Super Lawyers; and as an Am Law Litigation Daily “Litigator of the Week” for his win in an independent contractor misclassification/wage-and-hour class action. He is a Fellow of the College of Labor & Employment Lawyers.
The practice group Jason co-leads was named by The American Lawyer as the Labor & Employment Litigation Department of the Year in its most recent competition. The American Lawyer noted, “with novel labor and employment issues swirling, Gibson Dunn’s litigators set standards and settle the law,” and that a case “typical for Gibson Dunn’s labor and employment team” is “high-profile,” “cutting-edge,” and “a victory.” The group was also recognized ten times as a Law360 Employment Practice Group of the Year and won The National Law Journal’s D.C. Labor & Employment Litigation Department of the Year competition for the last seven years in a row.
Jason’s practice includes sensitive workplace investigations, high-profile trade secret and non-compete matters, wage-hour and discrimination class actions, Sarbanes-Oxley and other whistleblower protection claims, executive and other significant employment disputes, labor union controversies, and workplace safety litigation.
Recent representative matters include:
Jason has also successfully tried several sensitive whistleblower matters for major national employers, and he prevailed in a precedent-setting Labor Department appeal of one of the first Sarbanes-Oxley whistleblower cases to proceed to trial. He prevailed for Enterprise Rent-A-Car in a case of first impression in which the U.S. Court of Appeals for the Third Circuit created a new joint employer test (the Enterprise test) and affirmed summary judgment for a parent corporation in a series of wage-hour class actions, defeating the plaintiffs’ effort to form a nationwide class (In re Enterprise Rent-A-Car Wage & Hour Employment Practices Litig. (3rd Cir. 2012)). In another case of first impression, he successfully argued in the Utah Supreme Court against the recognition of a tort for spoliation of evidence. In addition, he served as lead trial counsel for a retailer in a highly-publicized OSHA enforcement action relating to crowd control at a day-after-Thanksgiving sale.
Jason also has significant experience in administrative law and rulemakings. He served as counsel to the Fair Labor Standards Reform Coalition, and he played a leading role in preparing comments on behalf of the business community relating to the U.S. Department of Labor’s overtime exemption regulations.
Jason served for many years as the Secretary of the Retail Litigation Center, and he testified before Congress regarding OSHA enforcement programs on behalf of the U.S. Chamber. He frequently speaks and writes on employment law and trade secret related topics. He is the co-author of the treatise Whistleblower Law: A Practitioner’s Guide, published by American Lawyer Media/Law Journal Press, and he previously authored the annual “Trade Secrets Litigation Round-Up” published by Bloomberg BNA.
Jason earned his law degree magna cum laude from Georgetown University Law Center, where he was elected to the Order of the Coif and received the George Brent Mickum III Prize and the Charles A. Keigwin Award for the best academic record in first year courses. From 1995 to 1996, he worked as a Legislative Assistant to Congressman Jon D. Fox. Jason received a B.A. degree in international affairs cum laude in 1994 from The George Washington University.
Jason is admitted to practice in the District of Columbia, Virginia and Maryland, as well as in numerous federal courts. He served for many years as an officer and board member of the Charles E. Smith Jewish Day School, currently serves as a member of the Washington Lawyers Committee of the U.S. Holocaust Memorial Museum, and provides pro bono employment counsel to numerous community organizations.
Special Assistant/Counsel, United States Commission on Civil Rights
Alexander Heideman is Special Assistant/Counsel at the United States Commission on Civil Rights.
Partner, Copilevitz Lam & Raney
Karen Donnelly is a partner at Copilevitz Law & Raney and president of the Kansas City Lawyers Chapter with the Federalist Society. Karen’s practice focuses on First Amendment litigation and regulatory law in the areas of charitable, political and commercial speech. She represents nonprofit and commercial entities within the fundraising, advertising and marketing communities, including state attorney general investigations, Federal Trade Commission investigations, IRS audits, multi-state investigations, civil rights litigation and appellate practice in federal and state courts.
In 2023, Karen argued before the U.S. Court of Appeals for the Tenth Circuit in a First Amendment case involving a statutory ban on charitable fundraising.
In 2021, Karen coordinated and filed an amicus brief before the U.S. Supreme Court in Americans for Prosperity v. Bonta on behalf of The Nonprofit Alliance (TNPA), People for the Ethical Treatment of Animals (PETA), Association of Fundraising Professionals (AFP) and 123 nonprofit organizations across the ideological spectrum in support of the petitioners. Our brief contributed to a victory for the entire philanthropic sector–SCOTUS facially invalidated California’s mandatory disclosure of major donors as a condition of soliciting charitable contributions in the State.
In 2018, Karen argued before the U.S. Court of Appeals for the DC Circuit in a case involving administrative law and First Amendment claims in the charitable speech context.
In 2019 and 2020, Karen successfully represented nonprofit and commercial organizations in federal trademark matters in federal district court and before the USPTO’s Trademark Trial and Appeal Board.
Karen also counsels on the formation, structuring and qualification of tax-exempt organizations. She advises clients on nonprofit governance issues, corporate law, regulatory compliance, tax-exempt organizations law, and constitutional law.
She has also worked in the areas of direct marketing and nonprofit fundraising in Washington, D.C.
Karen is the President of the Kansas City Lawyers Chapter of the Federalist Society. She also serves on the Board of Kansas City-based Non-Profit Connect and participates in the Government Affairs Committee of The Nonprofit Alliance based in Washington, D.C. Karen is Chair of the St. Anthony’s Pastoral Council, Lector and Pre-Cana Minister. In her spare time, she enjoys travel, running, and spending time with family.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
Associate, Bartimus Frickleton Robertson Rader P.C.
Kelly Frickleton is an associate attorney at Bartimus Frickleton Robertson Rader P.C. Since joining the firm in 2017, Kelly has focused her practice on complex personal injury cases, including medical malpractice and insurance bad faith litigation, and appeals. A natural problem-solver, Kelly uses her strong research and writing skills to craft legal strategies that help ensure the best possible outcome for each case. Prior to working in the legal field, Kelly was trained as an actor, which prepared her for many elements of being a trial lawyer – both in the performance aspect and her approach to cases. Her focus is always on understanding the client as an individual and telling their story in a way that will get the case to its best resolution. Kelly has also spent a considerable amount of time studying the intersection of law and race – which culminated in 2019 with her presentation of “An Exploration of Segregation in Kanas City” at KCMBA’s Bench Bar & Boardroom Conference. Kelly currently serves KCMBA/KCMBF as Chair of the YLS Board’s CLE Committee, Vice Chair of the Student Law Academy Committee, and as a member of the Bar Leadership Academy Taskforce and Communications Advisory Committee. She is also a member of the Association for Women Lawyers of Greater Kansas City, American Association for Justice, MATA, and The Women’s Foundation.
Partner, Graves Garrett Greim LLC
Edward “Eddie” Greim focuses his practice on complex commercial litigation, free speech and election law, and internal investigations and whistleblower claims. He has been recognized for his successful representation of businesses and individuals in commercial litigation while also being named a “go-to” lawyer on policy and constitutional issues.
Eddie was named a Constitutional and Election Law Trailblazer by the National Law Journal in 2020. His free speech and election law practice has included numerous constitutional challenges to election and campaign finance laws; representation of clients in state and federal ethics and campaign finance enforcement actions and investigations; initiative petition drafting and litigation; litigation and advice regarding First Amendment protections for petition circulation; representation of not-for-profit clients before state regulators; litigation of state and federal redistricting issues; and advice on campaign and election law compliance.
Eddie complements his trial work in complex, high-profile commercial and constitutional cases with oral advocacy and briefing in important appeals. Recognized as a Missouri Lawyers Media POWER 30 Appellate Attorney in 2021, he has argued before the Missouri and Kansas supreme courts multiple times, other state appellate courts across the country, and before the Sixth, Seventh, Eighth, and Tenth U.S. Courts of Appeals.
Eddie’s notable work for clients includes:
Recovering substantial compensation and injunctive relief for plaintiffs, in complex multiyear litigation, as lead counsel in the first and only nationwide class action certified against the Internal Revenue Service for violating taxpayer protection statutes when it targeted hundreds of groups based on their political viewpoints.
Successful First Amendment challenge to Missouri’s 2016 campaign finance restrictions.
Successful challenge to a vast, multiyear, secret criminal investigation into Wisconsin political groups and nonprofits, and follow-up challenge to expose role of state ethics board which secretly aided the investigation and was later dissolved by the legislature.
U.S. Supreme Court amicus brief for the National Republican Redistricting Trust in the 2019 Rucho litigation, and federal and state redistricting litigation and advice since 2011.
Challenges under the First Amendment in federal court, and in briefing to the Michigan Supreme Court on state constitutional grounds, to unprecedented emergency powers claimed by Michigan Governor in 2020.
Representation of numerous public officials and private citizens who are subject to “lawfare” attacks based on their political viewpoints or policy objectives.
Oversight of multiple internal investigations.
Eddie received his law degree from Harvard Law School in 2002, where he taught on the Board of Student Advisers, received the Dean’s Award for Leadership, and served as President of the Harvard Catholic Law Students Association. He received two bachelor’s degrees, summa cum laude, in economics and political science from the University of Missouri.
A native of Excelsior Springs, Missouri, Eddie lives in Kansas City with his family. He enjoys Missouri and military history. On many weekends, he can be found with his wife and daughters exploring sites of local interest. He enjoys reading and debating and has given presentations or organized discussions at numerous gatherings, formal and informal, of professional and personal interest.
Showcase Panel IV: Race in the Law After SFFA
Peter Arcidiacono, David Bernstein, Lisa Branch, Kyle Rozema, Sonja B. Starr
Students for Fair Admission v. Harvard was the most important decision on affirmative action in...
Topics
What Musical Originalism Can Teach Us About Judicial Originalism
Gustav Mahler, one of the foremost composers and conductors of the Romantic Era, famously said...
Litigation Update: Young v. Colorado Department of Corrections
William E. Trachman
Former Colorado Corrections Sergeant Josh Young is suing the Colorado Department of Corrections alleging that...
Contracts, Labor & Employment Law After SFFA
George R. La Noue, Tammy Dee McCutchen, Bronwyn L. Roberts, Jason C. Schwartz
In June the U.S. Supreme Court issued its decision in Students for Fair Admissions Inc....
Hispanic-Serving Institutions and Emerging Constitutional Issues
Alexander M. Heideman
In 2019, Florida Gulf Coast University’s (FGCU) “Florida Educational Equity Report” noted that FGCU “continues...
Panel 1: "Do Words Matter?"
Karen M. Donnelly, Theodore "Ted" Frank, Kelly Frickleton, Edward D. Greim
This panel explored the concept of whether what has come to be called “inclusive language,"...