Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
President and Founder, International Center for Law & Economics
Geoffrey A. Manne is the president and founder of the International Center for Law and Economics (ICLE), a nonprofit, nonpartisan research center based in Portland, Oregon. He is also a distinguished fellow at Northwestern Law School’s Searle Center on Law, Regulation, & Economic Growth. In April 2017 he was appointed by FCC Chairman Ajit Pai to the FCC’s Broadband Deployment Advisory Committee, and he recently served for two years on the FCC’s Consumer Advisory Committee.
Mr. Manne earned his JD and AB degrees from the University of Chicago and is an expert in the economic analysis of law, specializing in competition, telecommunications, consumer protection, intellectual property, and technology policy.
Prior to founding ICLE, Manne was a law professor at Lewis & Clark Law School. From 2006-2009, he took a leave from teaching to develop Microsoft’s law and economics academic outreach program. Manne has also served as a lecturer in law at the University of Chicago Law School and the University of Virginia School of Law. He practiced antitrust law and appellate litigation at Latham & Watkins, clerked for Hon. Morris S. Arnold on the 8th Circuit Court of Appeals, and worked as a research assistant for Judge Richard Posner. He was also once (very briefly) employed by the FTC.
Mr. Manne’s publications have appeared in numerous journals including the Journal of Competition Law and Economics, the Harvard Journal of Law and Technology, the Supreme Court Economic Review, and the Arizona Law Review, among others. With former FTC Commissioner, Joshua Wright, Manne is the editor of a volume from Cambridge University Press entitled, Competition Policy and Intellectual Property Law Under Uncertainty: Regulating Innovation. Manne has also testified on several occasions before Congress and at the FCC and FTC, and he regularly files written comments and amicus briefs on key antitrust, IP, and telecommunications issues. His analysis is frequently published in popular print and broadcasting outlets such as the Wall Street Journal, Wired, Foreign Affairs, NPR, and Bloomberg, among others.
Manne is a member of the American Law and Economics Association, the Canadian Law and Economics Association, and the Society for Institutional & Organizational Economics. He blogs at Truth on the Market (www.truthonthemarket.com) (of which he is also the co-founder), is a contributor at WIRED, and tweets at @geoffmanne. His scholarly publications are available at http://ssrn.com/author=175541.
Director of Innovation Policy, International Center for Law & Economics
Kristian Stout, ICLE’s Director of Innovation Policy is an expert in intellectual property, antitrust, telecommunications, and Internet governance. Kristian has been a Fellow at the Internet Law & Policy Foundry, as well as the Eagleton Institute of Politics. Before practicing law, Kristian worked as a technology entrepreneur and a lecturer in the Computer Science Department at Rutgers University. Kristian served on the board of the New Jersey Leadership Program, and wasthe Chair of the Asset Forfeiture Working Group for the NJ State Advisory Committee to the United States Commission on Civil Rights. He has previously served on the Broadband Deployment Advisory Committee for the Federal Communications Commission. Kristian graduated magna cum laude from the Rutgers University School of law, and served on the editorial board of the Rutgers Journal of Law and Public Policy.
Senior Scholar, International Center for Law & Economics
Julian Morris is a Senior Scholar at the International Center for Law & Economics.
Senior Fellow for Law & Economics, International Center for Law & Economics
Dirk Auer is the Senior Fellow for Law & Economics at the International Center for Law & Economics.
Senior Attorney, Institute for Justice
Michael Bindas is a senior attorney with the Institute for Justice (IJ) and leads IJ’s educational choice team. In this role, he oversees a talented group of IJ attorneys who help policymakers design constitutionally defensible educational choice programs and who defend educational choice programs in courtrooms nationwide. He joined IJ in 2005.
Michael was part of IJ’s litigation team in Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held the exclusion of religious options from Montana’s educational choice program unconstitutional, and he led IJ’s defense of the Choice Scholarship Program for elementary and secondary students in Douglas County, Colorado. He also successfully challenged Washington’s denial of special education services to children in religious schools, as well as the state’s exclusion of sectarian options from its state work study program. Currently, he leads IJ’s team in Carson v. Makin, challenging Maine’s exclusion of religious options from its educational choice program.
Prior to leading IJ’s educational choice team, Michael litigated extensively to secure economic liberty, property rights, and freedom of speech throughout the nation. He was counsel of record at the U.S. Supreme Court for Kimbrough Fine Wine & Spirits in Tennessee Wine and Spirits Retailers Association v. Thomas, a successful challenge to Tennessee’s durational residency requirements for retail liquor licenses. He also led successful challenges to the municipal sign codes of St. Louis, Mo. and Norfolk, Va., after those cities attempted to silence protests of their abusive eminent domain practices.
Prior to joining IJ, Michael spent three years as an attorney with Perkins Coie LLP. He is a former law clerk to Judge Rhesa Hawkins Barksdale of the U.S. Court of Appeals for the Fifth Circuit and served as an engineer officer in the United States Army and Pennsylvania Army National Guard before beginning his legal career.
Michael received his law degree cum laude from the University of Pennsylvania Law School in 2001, where he served as Articles Editor for the Journal of Constitutional Law and was elected to the Order of the Coif. He received his undergraduate degree from the United States Military Academy at West Point in 1995.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Partner, Patrick Doerr
Mr. Rando has represented clients in matters involving computer hardware and software, silicon chip manufacturing, biotechnology, medical devices, pharmaceuticals, chemical compounds, food additives, alternative energy, AI, autonomous vehicles, blockchain, consumer electronics, communications, internet, and e-commerce. He has appeared in courts across the country, including the Southern and Eastern Districts of New York and multiple U.S. Courts of Appeals.
As appellate counsel, Mr. Rando has served as counsel of record or co-counsel in more than 30 amicus briefs filed before the U.S. Supreme Court and Federal Circuit on issues of patent law, statutory interpretation, separation of powers, and constitutional law. Noteworthy filings include eBay Inc. v. MercExchange (2006), Oil States v. Greene’s Energy (2017), American Axle v. Neapco (2021), Amgen v. Sanofi (2023), and Cellect v. Vidal (2024).
Mr. Rando is a Fellow of the Academy of Court-Appointed Masters, having served by judicial appointment as Special Master in numerous complex patent cases, including multi-day Markman hearings and post-discovery proceedings. He also serves as a court-appointed Mediator and Neutral in both patent and commercial disputes.
He has played an active role in judicial and legislative engagement. Mr. Rando co-developed and conducted lecture series for the SDNY and EDNY Patent Pilot Program Judges and Clerks, covering the America Invents Act and Section 101 eligibility post-Alice and Mayo. He represented both the Federal Bar Association (FBA) and New York Intellectual Property Law Association (NYIPLA) at the Tillis/Coons Section 101 Patent Reform Roundtable, and submitted written testimony to the U.S. Senate Judiciary Committee in 2019.
Mr. Rando is a former president of the NYIPLA (2023–2024) and has held nearly every leadership position in the organization. He also served as Chair of the FBA’s Intellectual Property Law Section and was a founding member and president of the FBA’s EDNY Chapter. He is a founding member of the Association of Amicus Counsel, and an active contributor to the Federalist Society IP Practice Group Executive Committee.
He frequently lectures at CLE programs, universities, and legal associations on IP, constitutional law, and appellate advocacy. He has been quoted extensively in publications such as Law360, Bloomberg Law, WIPR, and National Law Journal. His scholarly publications include articles in The Federal Lawyer, Touro Law Review, and IPWatchdog.
Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Senior Counsel and Director of Strategic Engagement, Alliance Defending Freedom
Jordan Lorence serves as senior counsel and director of strategic engagement with Alliance Defending Freedom, where he plays a key role with the Strategic Relations & Training Team. His work has encompassed a broad range of litigation, with a primary focus on religious liberty, free speech, student privacy, conscience rights of creative professionals, and the First Amendment freedoms of public university students and professors.
Lorence argued before the U.S. Supreme Court in the precedent-setting Southworth v. Board of Regents of the University of Wisconsin System case in 1999, challenging the university’s requirement that forced unwilling students to contribute to campus activist groups. He led the challenge to New York City’s ban on private worship services after hours in vacant public school buildings in the long-running Bronx Household of Faith v. Board of Education of the City of New York case. Lorence also defended the right of conscience in Elane Photography v. Willock at the New Mexico Supreme Court.
Lorence has made media appearances on television and radio shows including Fox News, NBC’s Today Show, and National Public Radio’s All Things Considered. His commentary has also appeared in The Wall Street Journal, USA Today, The New York Daily News, The New York Post, The Philadelphia Inquirer, The Washington Times, The Hill, and National Review.
Before officially joining the organization in 2001, Lorence was a productive allied attorney for many years, actively involved in significant litigation for ADF. He has also worked for the Home School Legal Defense Association, Concerned Women for America, and the American Center for Law and Justice. Lorence earned a J.D. from the University of Minnesota Law School and received a B.A. in journalism from Stanford University. He is admitted to the bar in Minnesota, Virginia, the District of Columbia, the U.S. Supreme Court, and multiple federal appellate and district courts.
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