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Lifelong learning

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  • Lifelong learning
Mar 31 2023
Friday 9:30 a.m. EDT    

The Future of the Administrative State and the Roberts Court

Pennsylvania Student Chapter

Philadelphia, PA
Speakers:
Thomas Berry • Katherine Brodie • James M. Burnham • Brian Feinstein • Thomas M. Johnson • Kent A. Jordan • Caleb Kruckenberg • Paul B. Matey • Paul J. Ray • Ilya Somin • Patrick J. Toomey • Kimberly Wehle • Matthew Lee Wiener • Joshua D. Wolson • Jenin Younes • David Zaring
Topics:
Administrative Law & Regulation • Constitution • Education Policy • Litigation • Politics
Sponsors:
Pennsylvania Student Chapter
  • In-Person Event
James Madison Portrait
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Speaker Information
Thomas Berry

Thomas Berry

Director, Robert A. Levy Center for Constitutional Studies, Cato Institute

Biography

Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.

Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.

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Katherine Brodie

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James M. Burnham

James M. Burnham

General Counsel, xAI and X

Biography
James Burnham is the General Counsel of xAi and X. Before his current role, James served as Managing Partner of King Street Legal, PLLC (which he founded), and recently served for six months as the General Counsel for the Department of Government Efficiency. In his role at DOGE, James designed the legal structure of DOGE, advised DOGE personnel on policy initiatives across the Executive Branch, and supervised dozens of DOGE-related lawsuits against the Executive Branch – many of which DOGE won at the United States Supreme Court. Before founding King Street Legal, James was a litigation partner at Jones Day, a senior official in the Department of Justice's Civil Division and Office of the Attorney General, and a Senior Associate Counsel to the President. James also clerked for Justice Neil Gorsuch on the Supreme Court and Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit. He graduated with high honors from the University of Chicago Law School and earned his bachelor's degree at the University of Texas at Austin. James is also the President of Vallecito Capital, LLC, a mission-driven litigation fund that ensures meritorious litigation does not falter due to lack of resources.
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Brian Feinstein

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Thomas M. Johnson

Thomas M. Johnson

Partner, Wiley Rein LLP

Biography

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.

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Kent A. Jordan

Kent A. Jordan

United States Circuit Judge, United States Circuit Court, Third Circuit

Biography

Kent A. Jordan was appointed in 2006 to serve as a United States Circuit Judge for  the Third Circuit. Before that, Judge Jordan was a United States District Judge for the  District of Delaware from 2002 to 2006. He received a B.A. in Economics in 1981 from  Brigham Young University and a J.D. in 1984 from Georgetown University. He was an  Assistant United States Attorney and head of the Civil Division in the U.S. Attorney’s  Office for the District of Delaware. Later, he served as an officer and as a member of the  boards of directors of privately held businesses and was a partner in a Wilmington,  Delaware law firm. He is an Adjunct Professor of Law at the University of Pennsylvania  and Vanderbilt University and currently serves as President of the Board of Trustees of  the American Inns of Court Foundation, as well as on the boards of other non-profit  organizations.

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Caleb Kruckenberg

Caleb Kruckenberg

Litigation Director, Center for Individual Rights

Biography

Caleb Kruckenberg is CIR’s Litigation Director.

Caleb previously worked as a prosecutor, a public defender, a lobbyist for a national advocacy organization and, most recently, an impact litigator protecting the separation of powers at both the Pacific Legal Foundation and the New Civil Liberties Alliance. He has won major victories against numerous federal agencies, including the U.S. Department of Justice, Department of Labor, Bureau of Alcohol Tobacco and Firearms, and the Securities and Exchange Commission. He is also proud to have sued every U.S. attorney general, eight so far, since he has been litigating against the government on behalf of liberty-minded clients. Caleb has also argued more than 20 times in the U.S. Courts of Appeals, winning cases in 8 of the 12 regional circuit courts.

He graduated cum laude from Temple University Beasley School of Law in Philadelphia, where he was the lead articles editor for the Temple Law Review. Caleb also attended the Pennsylvania Academy of the Fine Arts, where he studied figurative painting.

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Paul B. Matey

Paul B. Matey

Judge, United States Court of Appeals, Third Circuit

Biography

Judge Paul Matey was appointed to the United States Court of Appeals for the Third Circuit in 2019 by President Trump.

Before his judicial service, Judge Matey was a partner at Lowenstein Sandler in New Jersey where he practiced complex commercial litigation and criminal defense. Earlier, Judge Matey was the Senior Vice President, General Counsel and Secretary for University Hospital Newark, an academic medical center and teaching hospital.

He also served as the Deputy Chief Counsel to Governor Chris Christie, and as an Assistant United States Attorney in the District of New Jersey, where he was awarded the Justice Department’s Director’s Award for Superior Performance. He also practiced at the Washington D.C. firm of Kellogg, Hansen, Todd, Figel & Frederick, and served as a law clerk to judges on the United States Court of Appeals for the Third Circuit and the United States District Court for the District of New Jersey.

He earned his bachelor’s degree from the University of Scranton, a Jesuit University, in 1993, and his juris doctorate, summa cum laude, from Seton Hall University School of Law in 2001, where he served as Editor-in-Chief of the Seton Hall Law Review.

In 2019, Judge Matey was elected to membership in the American Law Institute and, since 2020, has lectured on administrative law and the American legal history at Seton Hall.

 

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Paul J. Ray

Paul J. Ray

Of Counsel, Covington & Burling LLP

Biography

The Honorable Paul J. Ray is currently Of Counsel at Covington & Burling LLP where he advises clients on regulatory opportunities and challenges and helps them formulate and execute advocacy strategies for their regulatory policy priorities before the executive branch and Congress.

During the first Trump Administration, Paul held various senior positions at the Office of Information and Regulatory Affairs (OIRA) within the White House’s Office of Management and Budget, including as acting, and then Senate-confirmed, head of the office. As OIRA Administrator (the "regulations czar"), Paul supervised the review of hundreds of regulations from across the government, drafted numerous executive orders governing the regulatory process, and led the Administration’s regulatory reform effort. As a result of this experience, Paul is well-positioned to help clients understand and achieve regulatory policy priorities in the context of the government’s regulatory agenda and ongoing reform efforts.

Most recently, Paul was also the Director of the Roe Institute for Economic Policy Studies at The Heritage Foundation. In that role, he supervised the formulation of the Foundation’s economic and regulatory policy recommendations and provided technical assistance to congressional committees and staff regarding legislative changes to the regulatory process. In addition to his role at The Heritage Foundation, Paul also served as a Senior Advisor at a strategic advisory firm. Before his time in government, Paul practiced law at a law firm in Washington, specializing in administrative law matters.

Prior to his role at the White House, Paul was Counselor to the Secretary at the U.S. Department of Labor. There he led departmental efforts in high-profile rulemakings and helped formulate the Department’s legal positions and strategy.

Paul served as a law clerk to Supreme Court Justice Samuel Alito and as a law clerk to the Honorable Debra Livingston of the U.S. Court of Appeals for the Second Circuit.

Paul is a thought leader in the conservative legal movement and is a frequent commentator and speaker on regulatory policy and reform matters, including at law schools, professional gatherings, and other venues. He is the Chairman of Innovations in Peacebuilding International and the Regulatory Process Working Group of the Federalist Society’s Regulatory Transparency Project and a public member of the Administrative Conference of the United States. Paul is also an adjunct lecturer at the Hillsdale College School of Government.

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Ilya Somin

Ilya Somin

Professor of Law, Antonin Scalia Law School, George Mason University

Biography

ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights.  He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press,  revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017).  Democracy and Political Ignorance has been translated into Italian and Japanese.

Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times,  CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report,  South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor,  the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.

Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.

Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research.  Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003.  In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.

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Patrick J. Toomey

Patrick J. Toomey

Former Senator, Pennsylvania

Biography

Pat Toomey (born November 17, 1961, Providence, Rhode Island, U.S.) is an American politician who was elected as a Republican to the U.S. Senate in 2010 and represented Pennsylvania from 2011 to 2023. He previously served in the U.S. House of Representatives (1999–2005).

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Kimberly Wehle

Kimberly Wehle

Professor of Law, University of Baltimore Law School

Biography

Kimberly Wehle (formerly Kimberly N. Brown) joined the law school after several years of teaching as an Associate Professor at the University of Oklahoma College of Law and a Visiting Professor at the George Washington University Law School. She teaches and writes in the areas of administrative law, federal courts and civil procedure. She is particularly interested in separation of powers questions, as well as in the constitutional implications of structural and technological innovations in modern government.

Wehle is the author of three books that explain complex constitutional concepts for lay audiences. She is a contributor for BBC World News and BBC World News America on PBS, and an opinion contributor to The Atlantic, Politico, The Bulwark and The Hill. She was an on-air legal analyst and commentator for CBS News. In addition, she appears regularly as a guest legal analyst on constitutional topics such as separation of powers and impeachment with outlets including CNN, MSNBC, NPR’s Morning Edition, PBS NewsHour and Fox News. Her articles have also appeared in The Baltimore Sun, The Los Angeles Times, and NBC News Think. She is regularly interviewed and cited by prominent print journalists on a range of newsworthy legal issues.

She hosts a show on Instagram called #SimplePolitics with Kim Wehle at @kimwehle. She also tweets @kimwehle. She is the 2020 recipient of the prestigious University of Maryland System Board of Regents Faculty Award for excellence in scholarship.

Wehle's scholarship addresses the constitutional relationship of independent agencies and private contractors to the enumerated branches of government. Her articles have appeared in the Notre Dame Law Review, the Indiana Law Journal and the North Carolina Law Review, among others, and her work is cited in a leading federal courts casebook.

Wehle was an editor of the Michigan Law Review and clerked for the Hon. Charles R. Richey of the United States District Court for the District of Columbia. She went on to practice, first at the Federal Trade Commission and subsequently as an Associate Independent Counsel in the Office of Independent Counsel Kenneth W. Starr, and as an Assistant U.S. Attorney in the Civil Division of the Office of the United States Attorney in Washington, D.C.

She has practiced before the United States Supreme Court and argued several cases in the United States Court of Appeals for the D.C. Circuit.

Wehle is also an advisor to the nonpartisan nonprofit, Protect Democracy.

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Matthew Lee Wiener

Matthew Lee Wiener

Lecturer in Law, University of Pennsylvania Carey Law School

Biography

Matthew Lee Wiener served until recently as the twice-presidentially appointed Acting Chair and Vice Chair of the Administrative Conference of the United States (ACUS), as well as a member of its Council and its Executive Director. (In 2016, President Obama nominated him to be ACUS’s Chairman.)

He is now a special counsel to ACUS, co-chair of its Council on Federal Administrative Adjudication, and a lecturer at the University of Pennsylvania Carey Law School, where he teaches Administrative Law.

Before affiliating with ACUS, Mr. Wiener was general counsel to U.S. Senator Arlen Specter (Senate Committee on the Judiciary), counsel to the U.S. House of Representatives Committee on the Judiciary, a  partner at Dechert LLP, and special counsel to Cuneo Gilbert & LaDuca.

He has taught courses on administrative law, administrative practice, regulation remedies, statutory interpretation, and separation of powers at the law schools of the University of Pennsylvania, Rutgers University, and George Mason University.

Mr. Wiener is an elected member of the American Law Institute, a fellow of the American Bar Foundation, and co-chair of the Adjudication Committee of the American Bar Association’s Section of Administrative Law and Regulatory Practice.

Mr. Wiener holds a J.D. from Stanford Law School, where he was Articles Editor of the Stanford Law Review, and an A.B. from William and Mary.

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Joshua D. Wolson

Joshua D. Wolson

United States District Judge, Eastern District of Pennsylvania

Biography

Judge Wolson was nominated to the United States District Court for the Eastern District of Pennsylvania in May 2018 and was confirmed in May 2019. Judge Wolson earned his J.D., cum laude, from Harvard Law School, B.A., magna cum laude, from the University of Pennsylvania. After graduating from law school, he served as a law clerk for Hon. Jan E. DuBois of the U.S. District Court for the Eastern District of Pennsylvania. He then maintained a complex commercial litigation practice, first as an associate with Covington & Burling in Washington, D.C., and then as a partner with Dilworth Paxson in Philadelphia.

 

 

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Jenin Younes

Jenin Younes

Litigation Counsel, New Civil Liberties Alliance

Biography

Jenin Younes is Litigation Counsel for the New Civil Liberties Alliance. Having always been a passionate advocate for individual liberties, Jenin spent the first part of her career as an appellate public defender, providing representation to indigent clients convicted of criminal offenses in New York City.  In this capacity, she briefed and argued countless appeals in New York’s Appellate Division, Second Department, and several cases in the New York State Court of Appeals. She also represented individuals at civil hearings in trial court.

Jenin holds a B.A. from Cornell University and a J.D. from New York University School of Law.

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David Zaring

David Zaring

Professor of Legal Studies & Business Ethics, The Wharton School, The University of Pennsylvania

Biography

David Zaring’s scholarship addresses administrative and regulatory law from an international perspective. Professor Zaring comes to the business school from the Washington & Lee University School of Law. At Washington & Lee, he was an assistant professor and Alumni Faculty Fellow from 2005 to 2007. He had previously served as Acting Assistant Professor in the Lawyering Program at New York University School of Law from 2002 to 2005, and as a visiting professor at Vanderbilt Law School in the fall of 2007.  After graduating magna cum laude from Harvard Law School, Professor Zaring clerked for Chief Judge William Matthew Byrne Jr. of the U.S. District Court for the Central District of California and then for Judge Judith Rogers on the US. Court of Appeals for the D.C. Circuit. He served as a trial attorney for the U.S. Department of Justice in the Federal Programs Branch of the Civil Division and as a special assistant to the General Counsel in the U.S. Department of Housing and Urban Development before entering the academy.

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