Partner, Wiley Rein LLP
Tom has over 15 years’ experience in private practice and public service at the federal and state levels representing clients in high-stakes appellate and regulatory litigation matters. Tom has argued appeals in the Fourth, Fifth, Ninth, D.C. and Federal Circuits, and the West Virginia Supreme Court of Appeals.
Prior to joining Wiley, Tom was the General Counsel at the Federal Communications Commission (FCC), where he served as the agency’s chief legal officer and briefed dozens of appeals – personally arguing two – in the federal courts of appeals in constitutional and administrative law challenges to the FCC’s orders. Tom managed a team of over 70 attorneys and staff and provided consultation and advice on a wide range of practice areas relating to the FCC’s work, including administrative law, appellate and trial litigation, bankruptcy, ethics, fiscal law, fraud, labor and employment, and public records requests. He has spent his career advising clients on all stages of federal agency rulemaking, adjudication, and litigation, in fields ranging from communications to environmental law to securities to labor and employment. He frequently speaks and writes on legal issues and his articles have appeared in the Wall Street Journal, Washington Post, National Review, Forbes, and Newark Star-Ledger.
Managing Attorney of the Washington Office, Institute for Justice
William R. Maurer is the Managing Attorney of the Washington state office of the Institute for Justice, which engages in litigation in the areas of economic liberty, private property rights, educational choice, & freedom of speech.
Maurer is an advocate against the criminalization of poverty and the governmental use of the criminal and civil enforcement systems to raise revenue. He was lead counsel in a class action challenging the use of tickets to raise revenue in the city of Pagedale, Missouri. The suit resulted in a federal consent decree that reformed the city’s ticketing and municipal court system. He regularly speaks, teaches, and writes about the abuse of fines and fees in the criminal justice system. He was a participant in summits on taxation by citation put on by the White House and Department of Justice during the Obama Administration. His work on the issue includes serving as an advisory board member of the Fines and Fees Justice Center.
In addition to his work on criminal and civil justice reform, Maurer is a First Amendment litigator. In 2011, he successfully argued before the U.S. Supreme Court that Arizona’s punitive campaign financing regime was unconstitutional. Before the Washington Supreme Court, he successfully argued against efforts to classify radio commentary as a contribution under the state’s campaign finance law.
His cases and advocacy have been covered in the Washington Post, the New York Times, the Economist, the Wall Street Journal, and other major media outlets.
Maurer was named a “Washington Superlawyer” by Washington Law & Politics Magazine for several years. He is a chapter author in numerous legal reference works and has written several articles for law reviews and legal publications across the country.
Prior to joining IJ-WA, Maurer clerked for Washington Supreme Court Justice Richard Sanders and then practiced law at Perkins Coie LLP. Maurer received his law degree in 1994 from the University of Wisconsin – Madison, where he was an editor of the Wisconsin Law Review. He received his BA from Bard College in 1989.
Professor of Law, Case Western Reserve University School of Law
Professor Dent taught law at New York University, Cardozo, and the New York Law School before joining the faculty in 1990. Earlier he had clerked for Judge Paul R. Hays of the U.S. Court of Appeals, Second Circuit, and practiced corporate law in New York with Debevoise, Plimpton, Lyons & Gates. He teaches Business Associations, Mergers and Acquisitions, and Business Planning and is the faculty supervisor for the Business Organizations Concentration. He has published many articles on corporate and securities law, including “Academics in Wonderland: The Team Production and Director Primacy Models of Corporate Governance,” Houston Law Review (2008); “Corporate Governance: Still Broke, No Fix in Sight,” Journal of Corporation Law (2005); “Lawyers and Trust in Business Alliances,” Business Lawyer (2002); and “Gap Fillers and Fiduciary Duties in Strategic Alliances,” The Business Lawyer (2001). He also writes on law and religion, as in “Civil Rights for Whom: Gay Rights Versus Religious Freedom,” University of Kentucky Law Journal (2006-07); and “How Does Same-Sex Marriage Threaten You?,” Rutgers Law Review (2007). Mr. Dent serves as a director of the National Association of Scholars and as president of the Ohio Association of Scholars. He serves as an officer of Cleveland Chapter of the Federalist Society. He heads the Law Section of the Association for the Study of Free Institutions. He is chairman of the Ohio State Advisory Committee to the U.S. Commission on Civil Rights.
Judge, Florida Fifth District Court of Appeal
In April 2023, Judge Jordan E. Pratt was commissioned as a member of the Florida Fifth District Court of Appeal following his appointment by Governor Ron DeSantis.
Before joining the court, Judge Pratt worked as senior counsel at First Liberty Institute and served in various roles in state and federal government: as senior counsel in the U.S. Department of Justice, deputy general counsel in the U.S. Small Business Administration, and deputy solicitor general in the Florida Office of the Attorney General. As a deputy solicitor general, he defended significant Florida legislation and executive actions at every level of the state and federal court systems, with successful arguments before the U.S. Court of Appeals for the Eleventh Circuit, the Florida Supreme Court, and Florida’s First District Court of Appeal.
Judge Pratt graduated as a co-valedictorian of his undergraduate class at the University of Florida. He then received his J.D., magna cum laude, from the University of Florida College of Law, where he was a law review editor and president of the school’s Federalist Society and Christian Legal Society chapters. During law school, he interned for the Hon. Jeffrey S. Sutton on the U.S. Court of Appeals for the Sixth Circuit.
After his graduation from law school, Judge Pratt served as a law clerk to the Hon. Harvey E. Schlesinger on the U.S. District Court for the Middle District of Florida, Jacksonville Division. He then clerked for the Hon. Jennifer W. Elrod on the U.S. Court of Appeals for the Fifth Circuit.
Judge Pratt has held several fellowships, including an Olin–Searle Fellowship at Florida State University’s College of Law, and has published scholarship in the Tennessee Law Review, the Nebraska Law Review, and the Mississippi Law Journal. He is a member of the Federalist Society for Law & Public Policy Studies, and he has held several leadership roles in the organization, including service as president of its Tallahassee Lawyers Chapter from 2016 to 2019.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Attorney, Lobbyist & Communications Professional, Kelchen Consulting
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Attorney, Lobbyist & Communications Professional, Kelchen Consulting
United States Court of Appeals, Second Circuit
Dennis Jacobs is the Chief Judge of the United States Court of Appeals for the Second Circuit. He became Chief Judge on October 1, 2006. At the time of his appointment in 1992, he was a partner in the New York law firm of Simpson Thacher & Bartlett.
Judge Jacobs received his B.A. degree from Queens College of the City University of New York in 1964; his M.A. degree from New York University in 1965; and his J.D. degree from the New York University School of Law in 1973.
Judge Jacobs was a lecturer in the English Department of Queens College of the City University of New York from 1967 until 1969. He was in private practice from 1973 with the New York law firm of Simpson, Thacher & Bartlett, serving as a partner there from 1980 until his judicial appointment.
In 1997-2004, Judge Jacobs was a member of the Committee on Judicial Resources of the Judicial Conference of the United States; starting in 1999 he was chair of that committee.
Judge Jacobs is a native of New York City.
Senior Counsel, Schaerr Jaffe LLP
Ken Klukowski is senior counsel at the law firm Schaerr Jaffe, focusing on constitutional, administrative, and election law, and the federal courts. He has served in politically appointed positions in the U.S. government, including senior counsel in the Civil Division of the U.S. Department of Justice, and prior to that in the White House as special counsel in the Office of Management and Budget. He was also the constitutional rights advisor on the Presidential Transition Team of President Donald J. Trump. In the private sector, he has worked as a senior fellow of the American Constitutional Rights Union, senior counsel at First Liberty Institute, and a legal journalist. He litigates constitutional cases in the U.S. Supreme Court and lower federal courts, and contributes to media coverage of the nation’s highest court and legal issues. Earlier in his career, Klukowski served as special deputy attorney general of Indiana, and worked on faculty at Liberty University School of Law. His academic works have been published by journals such as the Federalist Society’s Harvard Journal of Law & Public Policy, and his columns have appeared in the Wall Street Journal and other national publications. His amicus briefs and nine law review articles have been cited by various federal courts and top legal journals. He has participated in numerous Supreme Court cases, and lectured and debated at 100 law school events nationwide. Klukowski received his bachelor’s degree from the University of Notre Dame, studied history at Arizona State University, earned his law degree from Scalia Law School at George Mason University, and served as a law clerk to Chief Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Legislative Authority to Adjust Judicial Benefits Under the New Jersey Constitution
Thomas M. Johnson
The Federalist Society for Law and Public Policy Studies is an organization of 40,000 lawyers,...
Illuminating Citizens United: What the Decision Really Did
William R. Maurer
In January 2010, the U.S. Supreme Court issued one of its most controversial decisions in...
Perry v. Schwarzenegger: Is Traditional Marriage Unconstitutional?
George W. Dent
Note from the Editor: This article and the article in this issue by Mark Strasser...
Arkansas Supreme Court Strikes Down Ban on Adoption by Unmarried Cohabitating Couples
Jordan E. Pratt
In a unanimous opinion handed down on April 7, 2011, the Arkansas Supreme Court invalidated—on...
The Federalist Paper, November 2011
We are pleased to bring you the fall issue of The Federalist Paper. Inside, as...
State Court Challenges to Legislatively Enacted Tort Reforms
Andrew Cook, Emily Kelchen
Introduction Over the past three decades, proponents of civil liability reform have made significant gains.1 Propelled...
State Court Challenges to Legislatively Enacted Tort Reforms
Andrew Cook, Emily Kelchen
Introduction Over the past three decades, proponents of civil liability reform have made significant gains.1...
Not Commerce, not Necessary, and not Severable? Striking Down Obamacare with a Single Case
202 S. Michigan Street Suite 1400 South Bend, IndianaWould a Revival of Lochner Mean Renewed Economic Liberty?
Irvine, CaliforniaLawyers at War
Dennis Jacobs
Dennis Jacobs is a judge on the United States Court of Appeals for the Second Circuit....