Nick Ohnell Fellow, The Manhattan Institute
Rafael Mangual is the Nick Ohnell Fellow at the Manhattan Institute, a contributing editor of City Journal, and a member of the Council on Criminal Justice. His first book, Criminal (In)Justice, was released in July 2022. He has authored and coauthored a number of MI reports and op-eds on issues ranging from urban crime and jail violence to broader matters of criminal and civil justice reform. His work has been featured and mentioned in a wide array of publications, including the Wall Street Journal, The Atlantic, New York Post, The New York Times, The Washington Post, Philadelphia Inquirer and City Journal. Mangual also regularly appears on Fox News and has made a number of national and local television and radio appearances on outlets such as C-SPAN and Bloomberg Radio. In 2020, he was appointed to serve a four-year term as a member of the New York State Advisory Committee of the U.S. Commission on Civil Rights.
Prior to joining MI in 2015, Rafael worked in corporate communications for the International Trademark Association. He holds a B.A. in corporate communications from the City University of New York’s Baruch College and a J.D. from DePaul University in Chicago, where he was president of the Federalist Society and vice president of the Appellate Moot Court team. After graduating from law school, Mangual was inducted into the Order of the Barristers, a national honor society for excellence in oral and written advocacy.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Staff Attorney, Eighth Texas Court of Appeals
David Vandenberg is a staff attorney with the Eighth Texas Court of Appeals in El Paso. He is also the President-Elect of the Texas Association of Appellate Court Attorneys. Prior to working at the Texas Court of Appeals, he was Supervising Attorney for the Third Judicial District Court in Las Cruces, New Mexico, the second largest court of general jurisdiction in the state. He served as summer clerk at the Supreme Court of Micronesia, a former American territory, and at the Texas Third Court of Appeals in Austin. In addition to his law degree from John Marshall School of Law in Atlanta, he earned a doctorate in philosophy with a concentration in epistemology from the University of North Carolina at Chapel Hill with highest awards of the graduate faculty. He is the author of a highly cited article on royalty determination for horizontal and stacked (fracked) oil and gas wells in cross-boundary contexts with the Journal of World Business and Energy Law at Oxford University Press and is a designated reporter for developments in American law for OUP. He has been invited to speak on legal aspects of fracking technology at international energy conferences in Europe and Asia.
Partner, Squire Patton Boggs (Denver)
Keith Bradley represents companies before US federal and state agencies across a spectrum of regulatory regimes. As a senior advisor to the General Counsel of the US Department of Energy (DOE) until recently, he organized the defense of high-stakes litigation; advised on prominent departmental regulatory reforms, such as those in energy conservation and nuclear export controls; and was the department’s lead lawyer on implementation of the Iran nuclear deal.
Before joining DOE, he was counsel in the Legal Division of the Consumer Financial Protection Bureau, where he helped draft significant regulations, counseled senior agency executives on administrative and constitutional law, and worked with enforcement teams on some of the bureau’s most significant matters. Since leaving DOE, he has served as senior counsel for a corporation in Denver, where he built and ran the compliance management system and helped introduce regulators to the company’s novel business model.
Before his government service, Bradley engaged in administrative and regulatory litigation, appellate litigation and complex commercial litigation at a major US-based law firm.
Bradley is also a physicist who developed nanoelectronic sensor systems at a technology startup. He has 13 issued patents to his name.
Partner, Perkins Coie LLP
Thomas (Tom) Jensen provides strategic regulatory counsel, litigation support and legislative advocacy to clients in the environment, energy and natural resources sectors. With considerable experience in and deep knowledge of environmental and resources law, Tom delivers sophisticated counsel to clients involved with energy and water pipelines, electric transmission projects, transportation facilities, hydropower and other energy generation assets, and other capital-intensive infrastructure projects. Tom currently serves as lead outside regulatory and litigation counsel to a major interstate natural gas pipeline project and recently led the successful permitting and siting effort for a 500 kV interstate electric transmission project.
A nationally recognized practitioner of natural resources and environmental law, Tom advises clients throughout the business, government and nonprofit sectors, reflecting his credentials not only in the legal industry, but also in the public sector. He served as the majority counsel to the U.S. Senate Committee on Energy and Natural Resources and was the associate director for natural resources on the White House Council on Environmental Quality. He has also written numerous pieces of legislation that have been enacted into federal law and has published and lectured widely in the field.
Developers of innovative, challenging energy projects and new environmental initiatives seek out Tom’s guidance for his insight into protected natural and cultural resources, public lands and marine areas, takings law and the National Environmental Policy Act. A key player in helping clients develop and defend their project strategies, Tom leads teams involved in siting, property and right-of-way acquisition, federal, state, tribal and local permitting, settlement negotiations and litigation.
Tom speaks frequently on environmental issues, from protected species mitigation to siting strategy, water development, water quality, climate adaptation and marine energy development. He also writes and speaks on conservation of at-risk wildlife and western range lands.
Partner, Marzulla Law
Roger J. Marzulla is one of the nation’s leading environmental, water, and property lawyers. As Assistant Attorney General in charge of the U.S. Justice Department’s Environment and Natural Resources Division, Roger learned first hand the operations and litigation styles of his client agencies: EPA, Interior Department, Bureau of Reclamation, Fish and Wildlife Service, National Marine Fisheries Service, Department of Transportation, Department of Commerce. In 1997, he co-founded Marzulla Law, where he brings to bear more than 35 years of expertise representing companies and individuals in industries as diverse as land and project development, aerospace, chemicals, oil and gas, mining, timber, manufacturing, computers, agriculture and water service.
Roger began his legal career as a trial lawyer in San Jose, California, after graduating magna cum laude from the University of Santa Clara School of Law. As a partner in Matthews & Marzulla he represented developers, title and construction companies, shopping centers, apartment owners and lenders in litigation throughout California. In 1981 he moved to Denver to become President of Mountain States Legal Foundation, litigating environmental and natural resource cases across the West.
In 1983 Roger joined the Justice Department as Special Litigation Counsel. He was subsequently promoted to Deputy Assistant Attorney General and, in 1987, was confirmed by the Senate as Assistant Attorney General in charge of the Environment and Natural Resources Division. At the Justice Department, Roger helped create litigation strategies for government programs as diverse as Superfund, the Clean Air Act, off-shore oil leasing, environmental crimes, federal facility clean-up, wetlands, endangered species and hazardous waste enforcement, as well as Presidential Order EO 12,630 (Government Interference with Private Property Rights).
In 1989 Roger returned to private law practice, successively heading the environmental law practices of the Powell, Goldstein and Akin, Gump law firms.
Since 1997, as a partner in Marzulla Law, Roger has continued to represent corporate and business clients in a wide array of environmental and property issues in courts across the country, frequently in litigation against the United States. He also assists clients in attaining compliance with environmental, health and safety regulation, and in avoiding risks in transactions.
Partner, Kirkland and Ellis, LLP
John O'Quinn is a Partner in Kirkland's Washington, D.C. office. His practice focuses on litigation, including intellectual property disputes, commercial litigation, regulatory issues arising from or likely to lead to litigation, and other complex litigation matters at both the trial and appellate levels. He has extensive argument experience before both trial and appellate courts, and has argued in most of the U.S. Courts of Appeals, including the D.C. Circuit and the Federal Circuit. Mr. O'Quinn has been to trial multiple times, where he has examined expert and fact witnesses. Representative clients include Apple, Boeing, B. Braun Medical, Charter Communications, C.R. Bard, POET LLC, Siemens, and Teva Pharmaceuticals.
From 2006 to 2009, Mr. O'Quinn served in the United States Department of Justice. As Deputy Associate Attorney General, he was responsible for helping to oversee much of the government's civil litigation and reviewing proposed settlements of multi-million dollar civil cases brought by or against the government. As the Deputy Assistant Attorney General for the Federal Programs Branch of the Civil Division, Mr. O'Quinn supervised over 100 attorneys charged with defending the constitutionality of federal statutes and regulations, representing the diplomatic and national security interests of the United States in court, and conducting significant Title VII, personnel, social security, Medicare and Medicaid-related litigation. Mr. O'Quinn worked with counsel from virtually every federal agency on complex civil litigation matters and personally directed significant cases defending the government's interests, arguing more than 20 cases in federal court. In February of 2009, Mr. O'Quinn was awarded the Office of the Secretary of Defense Medal for Exceptional Public Service for his leadership in defending the Department of Defense in lawsuits challenging the detention and trial of enemy combatants captured abroad by United States Armed Forces.
Mr. O'Quinn was previously an associate with Kirkland from 2003 to 2006. While on leave from the Firm, he served as special counsel to the United States Senate Committee on the Judiciary for the nomination of Chief Justice Roberts. Prior to joining the Firm, Mr. O'Quinn was a law clerk for Justice Antonin Scalia of the U.S. Supreme Court and Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit.
While at Kirkland, Mr. O'Quinn has also provided legal counseling and representation for individuals and organizations on a pro bono basis, including arguing a habeas petition on behalf of a defendant convicted of capital murder, and submitting FOIA requests on behalf of a civil rights organization.
Legal Director, The Center for the Rights of Abused Children
Tim Keller is a lawyer who works to ensure all abused and abandoned children are safe and have access to their constitutionally guaranteed rights.
As senior vice president and legal director at the Center for the Rights of Abused Children, Tim’s public interest legal work seeks to defend the constitutional rights of children to be safe from abuse, to prompt timely placement with permanent parents, and to assure a child’s representation by legal counsel. In addition to constitutional litigation, Tim oversees the lawyers in the Center for the Rights of Abused Children’s one-of-a-kind pro bono Children’s Law Clinic and guides its policy initiatives.
When he and his wife, Lisa, hosted a teenage exchange student from Brazil several years ago, they realized how much they enjoyed helping a child thrive. The two felt called to help more kids. Over the following years, Tim and Lisa would become foster parents. Today, they enjoy offering respite care for children in foster care.
Intensely motivated by his time fostering children who’d been abused and neglected, Tim sees his work to ensure children have a constitutional right to counsel as a matter of life and death. As such, he’s particularly proud that in 2021 the Center for the Rights of Abused Children secured the rights of all children in Arizona’s foster system to be represented by legal counsel.
Before joining the Center for the Rights of Abused Children, Tim worked for nearly 20 years at the Institute for Justice. He served as lead counsel in Arizona Christian School Tuition Organization v. Winn, a U.S. Supreme Court victory that protected Arizona’s pioneering school scholarship program. Tim also led the team that secured a U.S. Supreme Court victory in Espinoza v. Montana Department of Revenue, which prevents states from discriminating against religious families and schools in educational choice programs. He has also litigated economic liberty and property rights cases in state and federal courts.
Tim earned his bachelor’s and law degrees from Arizona State University. He clerked for Robert D. Myers, at the time the presiding judge of the Maricopa County Superior Court, and for Ann A. Scott Timmer on the Arizona Court of Appeals.
Tim and Lisa live in Chandler, Ariz., with their four sons, Daniel, Benjamin, Ethan and Noah, and a miniature schnauzer named Gus who has more than 12,000 Instagram followers. The Kellers have traveled to 49 of the 50 United States, and are always looking for recommendations for new card or board games for family game nights.
Staff Attorney, Eighth Texas Court of Appeals
David Vandenberg is a staff attorney with the Eighth Texas Court of Appeals in El Paso. He is also the President-Elect of the Texas Association of Appellate Court Attorneys. Prior to working at the Texas Court of Appeals, he was Supervising Attorney for the Third Judicial District Court in Las Cruces, New Mexico, the second largest court of general jurisdiction in the state. He served as summer clerk at the Supreme Court of Micronesia, a former American territory, and at the Texas Third Court of Appeals in Austin. In addition to his law degree from John Marshall School of Law in Atlanta, he earned a doctorate in philosophy with a concentration in epistemology from the University of North Carolina at Chapel Hill with highest awards of the graduate faculty. He is the author of a highly cited article on royalty determination for horizontal and stacked (fracked) oil and gas wells in cross-boundary contexts with the Journal of World Business and Energy Law at Oxford University Press and is a designated reporter for developments in American law for OUP. He has been invited to speak on legal aspects of fracking technology at international energy conferences in Europe and Asia.
Partner, Squire Patton Boggs (Denver)
Keith Bradley represents companies before US federal and state agencies across a spectrum of regulatory regimes. As a senior advisor to the General Counsel of the US Department of Energy (DOE) until recently, he organized the defense of high-stakes litigation; advised on prominent departmental regulatory reforms, such as those in energy conservation and nuclear export controls; and was the department’s lead lawyer on implementation of the Iran nuclear deal.
Before joining DOE, he was counsel in the Legal Division of the Consumer Financial Protection Bureau, where he helped draft significant regulations, counseled senior agency executives on administrative and constitutional law, and worked with enforcement teams on some of the bureau’s most significant matters. Since leaving DOE, he has served as senior counsel for a corporation in Denver, where he built and ran the compliance management system and helped introduce regulators to the company’s novel business model.
Before his government service, Bradley engaged in administrative and regulatory litigation, appellate litigation and complex commercial litigation at a major US-based law firm.
Bradley is also a physicist who developed nanoelectronic sensor systems at a technology startup. He has 13 issued patents to his name.
Partner, Perkins Coie LLP
Thomas (Tom) Jensen provides strategic regulatory counsel, litigation support and legislative advocacy to clients in the environment, energy and natural resources sectors. With considerable experience in and deep knowledge of environmental and resources law, Tom delivers sophisticated counsel to clients involved with energy and water pipelines, electric transmission projects, transportation facilities, hydropower and other energy generation assets, and other capital-intensive infrastructure projects. Tom currently serves as lead outside regulatory and litigation counsel to a major interstate natural gas pipeline project and recently led the successful permitting and siting effort for a 500 kV interstate electric transmission project.
A nationally recognized practitioner of natural resources and environmental law, Tom advises clients throughout the business, government and nonprofit sectors, reflecting his credentials not only in the legal industry, but also in the public sector. He served as the majority counsel to the U.S. Senate Committee on Energy and Natural Resources and was the associate director for natural resources on the White House Council on Environmental Quality. He has also written numerous pieces of legislation that have been enacted into federal law and has published and lectured widely in the field.
Developers of innovative, challenging energy projects and new environmental initiatives seek out Tom’s guidance for his insight into protected natural and cultural resources, public lands and marine areas, takings law and the National Environmental Policy Act. A key player in helping clients develop and defend their project strategies, Tom leads teams involved in siting, property and right-of-way acquisition, federal, state, tribal and local permitting, settlement negotiations and litigation.
Tom speaks frequently on environmental issues, from protected species mitigation to siting strategy, water development, water quality, climate adaptation and marine energy development. He also writes and speaks on conservation of at-risk wildlife and western range lands.
Partner, Marzulla Law
Roger J. Marzulla is one of the nation’s leading environmental, water, and property lawyers. As Assistant Attorney General in charge of the U.S. Justice Department’s Environment and Natural Resources Division, Roger learned first hand the operations and litigation styles of his client agencies: EPA, Interior Department, Bureau of Reclamation, Fish and Wildlife Service, National Marine Fisheries Service, Department of Transportation, Department of Commerce. In 1997, he co-founded Marzulla Law, where he brings to bear more than 35 years of expertise representing companies and individuals in industries as diverse as land and project development, aerospace, chemicals, oil and gas, mining, timber, manufacturing, computers, agriculture and water service.
Roger began his legal career as a trial lawyer in San Jose, California, after graduating magna cum laude from the University of Santa Clara School of Law. As a partner in Matthews & Marzulla he represented developers, title and construction companies, shopping centers, apartment owners and lenders in litigation throughout California. In 1981 he moved to Denver to become President of Mountain States Legal Foundation, litigating environmental and natural resource cases across the West.
In 1983 Roger joined the Justice Department as Special Litigation Counsel. He was subsequently promoted to Deputy Assistant Attorney General and, in 1987, was confirmed by the Senate as Assistant Attorney General in charge of the Environment and Natural Resources Division. At the Justice Department, Roger helped create litigation strategies for government programs as diverse as Superfund, the Clean Air Act, off-shore oil leasing, environmental crimes, federal facility clean-up, wetlands, endangered species and hazardous waste enforcement, as well as Presidential Order EO 12,630 (Government Interference with Private Property Rights).
In 1989 Roger returned to private law practice, successively heading the environmental law practices of the Powell, Goldstein and Akin, Gump law firms.
Since 1997, as a partner in Marzulla Law, Roger has continued to represent corporate and business clients in a wide array of environmental and property issues in courts across the country, frequently in litigation against the United States. He also assists clients in attaining compliance with environmental, health and safety regulation, and in avoiding risks in transactions.
Police Use of Force and the Practical Limits of Popular Reform Proposals: A Response to Rizer and Mooney
Rafael A. Mangual
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
A Virtual Conversation with Tim Keller: Espinoza v. Montana & School Choice in Vermont
Vermont Lawyers Chapter- Online Event
Topics
South Dakota Supreme Court Rejects a Version of ABA Model Rule 8.4(g)
On March 9, in a thoughtful letter, the Chief Justice of the South Dakota Supreme...
New Evidence on the Constitution’s Impeachment Standard: “high . . . Misdemeanors” Means Serious Crimes
Robert G. Natelson
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Litigation Update: McMahon v. Fenves
David Vandenberg
In a matter of first impression, the Fifth Circuit Court of Appeals recently issued an...
Litigation Update: McMahon v. Fenves
TeleforumCourthouse Steps Preview: United States Forest Service v. Cowpasture River Preservation Association
Keith Bradley, Thomas C. Jensen, Roger J. Marzulla
On February 24, 2020 the Supreme Court will hear argument in two consolidated cases, U.S....
Courthouse Steps Preview: United States Forest Service v. Cowpasture River Preservation Association
TeleforumTopics
Why D.C. Should Not Adopt ABA Model Rule 8.4(g)
The D.C. Bar Rules of Professional Responsibility Review Committee is holding a public comment period...
Protecting Individual Liberty Through State Constitutional Law: Judge Sutton’s Plea for Federalism in Judicial Decisionmaking
John C. O'Quinn, Jason M. Wilcox
A review of 51 Imperfect Solutions: States and the Making of American Constitutional Law, by...