Executive Director, Ohio Dental Association
David J. Owsiany is the executive director of the Ohio Dental Association and a past president of the Columbus Lawyers Chapter of the Federalist Society.
He has served as CEO of a statewide health care association, president of the Buckeye Institute, chief of policy for the Ohio Department of Insurance, judicial law clerk for the Illinois Appellate Court, and staffer on the United State Senate Judiciary Committee.
Mr. Owsiany has written dozens of articles on legal and public policy issues for various publications, including the University of Toledo Law Review, the Federalist Society's State Court Docket Watch, Columbus Dispatch, Cincinnati Enquirer, Crain’s Cleveland Business, and Akron Beacon Journal.
Owsiany received his J.D. from Washington University School of Law in St. Louis and B.A. from the University of Michigan in Ann Arbor.
Assistant Professor of Law, Emory University School of Law
Alexander "Sasha" Volokh is an assistant professor of law, joining the Emory Law faculty in Fall 2009.
Professor Volokh earned his B.S. from UCLA and his J.D. and Ph.D. in economics from Harvard University. He clerked for Judge Alex Kozinski of the Ninth Circuit and for Supreme Court Justices Sandra Day O'Connor and Samuel Alito. Before coming to Emory, he was a visiting associate professor at Georgetown University Law Center and a visiting assistant professor at University of Houston Law Center.
His interests include law and economics, administrative law and the regulatory process, environmental law and policy, and legal history. His current research topics include the private management of government services, medieval law, judicial decisionmaking and statutory interpretation.
General Counsel, Prospera Group
Dranias serves as NeWay Capital LLC’s General Counsel, handling all corporate legal matters. Prior to this, he was Senior Litigation Counsel with the Government Accountability & Special Litigation Unit of the Arizona Attorney General. He also serves as Policy Advisor and Research Fellow with the Heartland Institute, as an expert and Speaker’s Bureau member with the Federalist Society, a Law and Civil Liberties Speaker for Students for Liberty, a Council of Scholars member with Compact for America Educational Foundation, as well as an Adjunct Instructor teaching Business Ethics and Law at Grand Canyon University.
Previously, Dranias served as President & Executive Director of Compact for America Educational Foundation where he led national efforts to organize the states to propose and ratify a federal Balanced Budget Amendment. Prior to that, Dranias was General Counsel, Policy Development Director and Constitutional Policy Director at the Goldwater Institute. Dranias led the Institute’s successful challenge to Arizona’s system of government campaign financing to the U.S. Supreme Court. Prior to that, he was an attorney with the Institute for Justice for three years and an attorney in private practice in Chicago for eight years, where he served as Young Lawyers Section co-editor of the Chicago Bar Association Record and earned the Oliver Wendell Holmes Award for his service.
Partner, FisherBroyles LLP
Paul Beard II is an environmental and land-use partner with FisherBroyles LLP.
Judge, United States Court of Appeals, Fifth Circuit
Judge Edith Clement sits on the United States Court of Appeals for the Fifth Circuit. Judge Clement worked in a private practice as a maritime attorney in New Orleans, Louisiana, before being appointed in 1991 to the United States District Court for the Eastern District of Louisiana by President George H. W. Bush. In 2001, she was appointed by President George W. Bush to the United States Court of Appeals for the Fifth Circuit. Judge Clement is a member of the Maritime Law Association of the United States, the Federal Bar Association, the American Law Institute, the Federalist Society, the Tulane Law Schools Inn of Court, and the Committee on the Administrative Office of the Judicial Conference of the United States. She is a graduate of the University of Alabama and received her JD from Tulane Law School.
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
H. Bert and Ruth Mack Professor of Real Estate Law, Benjamin N. Cardozo School of Law
Professor Sterk’s publications span a wide variety of areas, ranging from property and land use regulation to trusts and estates, copyright, and the conflict of laws. A member of the American Law Institute, he served as an advisor in the preparation of the Restatement (Third) of Property (Servitudes). He has co–authored casebooks on Trusts and Estates and on Land Use, and he also edits the New York Real Estate Law Reporter, a monthly newsletter published with the assistance of Cardozo students.
The winner of a number of teaching awards at Cardozo, Professor Sterk has taught as a visiting professor at Columbia and at the University of Pennsylvania. While in law school, he served as managing editor of the Columbia Law Review, and he subsequently clerked for Chief Judge Charles D. Breitel of the New York Court of Appeals.
Partner, FisherBroyles LLP
Paul Beard II is an environmental and land-use partner with FisherBroyles LLP.
Judge, United States Court of Appeals, Fifth Circuit
Judge Edith Clement sits on the United States Court of Appeals for the Fifth Circuit. Judge Clement worked in a private practice as a maritime attorney in New Orleans, Louisiana, before being appointed in 1991 to the United States District Court for the Eastern District of Louisiana by President George H. W. Bush. In 2001, she was appointed by President George W. Bush to the United States Court of Appeals for the Fifth Circuit. Judge Clement is a member of the Maritime Law Association of the United States, the Federal Bar Association, the American Law Institute, the Federalist Society, the Tulane Law Schools Inn of Court, and the Committee on the Administrative Office of the Judicial Conference of the United States. She is a graduate of the University of Alabama and received her JD from Tulane Law School.
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
H. Bert and Ruth Mack Professor of Real Estate Law, Benjamin N. Cardozo School of Law
Professor Sterk’s publications span a wide variety of areas, ranging from property and land use regulation to trusts and estates, copyright, and the conflict of laws. A member of the American Law Institute, he served as an advisor in the preparation of the Restatement (Third) of Property (Servitudes). He has co–authored casebooks on Trusts and Estates and on Land Use, and he also edits the New York Real Estate Law Reporter, a monthly newsletter published with the assistance of Cardozo students.
The winner of a number of teaching awards at Cardozo, Professor Sterk has taught as a visiting professor at Columbia and at the University of Pennsylvania. While in law school, he served as managing editor of the Columbia Law Review, and he subsequently clerked for Chief Judge Charles D. Breitel of the New York Court of Appeals.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Garwood Visiting Professor and Visiting Fellow, James Madison Pr, Cleveland-Marshall College of Law
David F. Forte is Professor of Law at Cleveland State University, where he was the inaugural holder of the Charles R. Emrick, Jr.- Calfee Halter & Griswold Endowed Chair. This fall, Professor Forte will be the Garwood Visiting Professor at Princeton University in the Department of Politics, and Visiting Fellow at the James Madison Program in American Ideals and Institutions. He holds degrees from Harvard College, Manchester University, England, the University of Toronto and Columbia University.
During the Reagan administration, Professor Forte served as chief counsel to the United States delegation to the United Nations and alternate delegate to the Security Council. He has authored a number of briefs before the United States Supreme Court, and has frequently testified before the United States Congress and consulted with the Department of State on human rights and international affairs issues. His advice was specifically sought on the approval of the Genocide Convention, on world-wide religious persecution, and Islamic extremism. He has appeared and spoken frequently on radio and television, both nationally and internationally. In 2002, the Department of State sponsored a speaking tour for Professor Forte in Amman, Jordan, and he was also a featured speaker to the Meeting of Peoples in Rimini, Italy, a meeting which gathers over 500,000 people from all over Europe. He has also been called to testify before the state legislatures of Ohio, Kansas, and Idaho as well as the New York City Council. He has assisted in drafting a number of pieces of legislation for the Ohio General Assembly dealing with abortion, international trade, and federalism. He has sat as acting judge on the municipal court of Lakewood Ohio and was chairman of Professional Ethics Committee of the Cleveland Bar Association. He has received a number of awards for his public service, including the Cleveland Bar Association’s President’s Award, the Cleveland State University Award for Distinguished Service, the Cleveland State University Distinguished Teaching Award, and the Cleveland-Marshall College of Law Alumni Award for Faculty Excellence. He served as Consultor to the Pontifical Council for the Family under Pope St. John Paul II and Pope Benedict XVI. In 2003, Dr. Forte was a Distinguished Fulbright Chair at the University of Trento and returned there in 2004 as a Visiting Professor. For the academic year, 2008-2009, Professor Forte was Senior Visiting Scholar at the Center for the Study of Religion and the Constitution in at the Witherspoon Institute in Princeton, New Jersey. He was the Robert E. Henderson Constitution Day Lecturer at the Ashbrook Center at Ashland University, and he has given over 300 invited addresses and papers at more than 100 academic institutions. His work has been cited by the U.S. Supreme Court.
Professor Forte was a Bradley Scholar at the Heritage Foundation, and Visiting Scholar at the Liberty Fund. He has been President of the Ohio Association of Scholars, was on the Board of Directors of the Philadelphia Society, and is also adjunct Scholar at the Ashbrook Center. He has been appointed to the Ohio State Advisory Committee to the U.S. Commission on Civil Rights. He has also been a Civil War re-enactor and a Merit Badge Counselor for the Boy Scouts.
He writes and speaks nationally on topics such as constitutional law, religious liberty, Islamic law, the rights of families, and international affairs. He served as book review editor for the American Journal of Jurisprudence and has edited a volume entitled, Natural Law and Contemporary Public Policy, published by Georgetown University Press. His book, Islamic Law Studies: Classical and Contemporary Applications, has been published by Austin & Winfield. He is Senior Editor of The Heritage Guide to the Constitution (2006), 2d edition (2014), published by Regnery & Co, a clause by clause analysis of the Constitution of the United States.
His teaching competencies include Constitutional Law, the First Amendment, Islamic Law, Jurisprudence, Natural Law, International Law, International Human Rights, the Presidency, and Constitutional History.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Partner, FisherBroyles LLP
Paul Beard II is an environmental and land-use partner with FisherBroyles LLP.
Judge, United States Court of Appeals, Fifth Circuit
Judge Edith Clement sits on the United States Court of Appeals for the Fifth Circuit. Judge Clement worked in a private practice as a maritime attorney in New Orleans, Louisiana, before being appointed in 1991 to the United States District Court for the Eastern District of Louisiana by President George H. W. Bush. In 2001, she was appointed by President George W. Bush to the United States Court of Appeals for the Fifth Circuit. Judge Clement is a member of the Maritime Law Association of the United States, the Federal Bar Association, the American Law Institute, the Federalist Society, the Tulane Law Schools Inn of Court, and the Committee on the Administrative Office of the Judicial Conference of the United States. She is a graduate of the University of Alabama and received her JD from Tulane Law School.
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
H. Bert and Ruth Mack Professor of Real Estate Law, Benjamin N. Cardozo School of Law
Professor Sterk’s publications span a wide variety of areas, ranging from property and land use regulation to trusts and estates, copyright, and the conflict of laws. A member of the American Law Institute, he served as an advisor in the preparation of the Restatement (Third) of Property (Servitudes). He has co–authored casebooks on Trusts and Estates and on Land Use, and he also edits the New York Real Estate Law Reporter, a monthly newsletter published with the assistance of Cardozo students.
The winner of a number of teaching awards at Cardozo, Professor Sterk has taught as a visiting professor at Columbia and at the University of Pennsylvania. While in law school, he served as managing editor of the Columbia Law Review, and he subsequently clerked for Chief Judge Charles D. Breitel of the New York Court of Appeals.
North Carolina Board of Dental Examiners v. Federal Trade Commission
David J. Owsiany, Alexander Volokh
Note from the Editor: The Federalist Society is pleased to present two different perspectives on the North...
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Paul J. Beard, Edith Brown Clement, James L. Huffman, Thomas W. Merrill, Stewart E. Sterk
This past year, the Supreme Court decided three important regulatory takings cases, including Arkansas Game &...
Environmental Law: New Directions in Takings Law
Paul J. Beard, Edith Brown Clement, James L. Huffman, Thomas W. Merrill, Stewart E. Sterk
This past year, the Supreme Court decided three important regulatory takings cases, including Arkansas Game &...
Environmental Law: New Directions in Takings Law
2013 National Lawyers Convention
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Hans A. Von Spakovsky
Note from the Editor: This article is based on testimony given by the author before...
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Mobile, Alabama