Attorney, Institute for Justice
Josh Windham is an attorney at the Institute for Justice.
Originally from Charlotte, Josh joined the Institute’s headquarters office in 2016. He received his law degree in 2016 from the University of North Carolina School of Law, where he served as president of the Federalist Society and as judicial extern to the Honorable Robert Numbers in the Eastern District of North Carolina. Josh graduated summa cum laude from North Carolina State University in 2013 with a Bachelor of Arts in History. He is an avid sports fan and dessert lover.
Josh is licensed in North Carolina.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Professor of Law, University of California Hastings College of the Law
Professor Rory Little began teaching at UC Hastings in 1994 after a distinguished 12-year career as a practicing litigator, criminal defense and prosecution lawyer, and appellate lawyer. He is today a nationally recognized authority on criminal litigation ethics, federal criminal law, appellate litigation, and constitutional issues. On three occasions he has been awarded the “Best Professor” designation by the UC Hastings third-year class.
Professor Little chairs and serves on various committees in the American Bar Association and Federal Bar Association; annually publishes a Review of the Supreme Court’s Term: Criminal Cases for the ABA; and serves as Reporter to the ABA’s Task Force to Revise the Criminal Justice Standards, Prosecution and Defense Functions. He also occasionally serves as an expert witness in litigation matters; provides commentary on current legal issues for various print and electronic media; and maintains an Of Counsel position for appellate matters with the international law firm of McDermott, Will & Emery.
After graduating from Yale Law School, Professor Little served as law clerk to U.S. District Judge Louis F. Oberdorfer (Washington DC); Justice Potter Stewart (ret.), working on matters before the First, Third and Sixth Circuit Courts of Appeal; and Justice William J. Brennan, Jr. Professor Little also clerked for Justices Powell, Stevens, and Chief Justice Burger—a unique one-year experience.
Professor Little then practiced privately at Miller, Cassidy, Larroca & Lewin in Washington D.C. In 1987, he joined the U.S. Department of Justice’s Organized Crime & Racketeering Strike Force as a Trial Attorney. In 1989, he became the Appellate Chief for the U.S. Attorney’s Office in the Northern District of California, and has now argued over 60 federal and state appeals while briefing many more. In 1996 to 1997, Professor Little took a leave of absence from UC Hastings to serve as an Associate Deputy Attorney General in Washington D.C. under Attorney General Janet Reno and Deputy AG Jamie Gorelick.
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Of Counsel, Gibson, Dunn & Crutcher LLP
Prerak Shah is Of Counsel at Gibson, Dunn & Crutcher LLP. He was most recently the Acting United States Attorney for the Northern District of Texas, leading a team of approximately 120 Assistant U.S. Attorneys handling a wide range of cases, including securities fraud, health care fraud, the False Claims Act, computer crime, national security, tax fraud, money laundering, public corruption, and terrorism. Mr. Shah previously held several leadership positions at the Department of Justice, including Deputy Associate Attorney General in the office overseeing the work of the Antitrust, Civil, Civil Rights, Environment & Natural Resources, and Tax Divisions. Before joining the Justice Department, Mr. Shah served as Chief of Staff to Senator Ted Cruz and as a Chief Counsel on the Senate Judiciary Committee. He graduated from the University of Chicago Law School and clerked for the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Professor of Law, University of California Hastings College of the Law
Professor Rory Little began teaching at UC Hastings in 1994 after a distinguished 12-year career as a practicing litigator, criminal defense and prosecution lawyer, and appellate lawyer. He is today a nationally recognized authority on criminal litigation ethics, federal criminal law, appellate litigation, and constitutional issues. On three occasions he has been awarded the “Best Professor” designation by the UC Hastings third-year class.
Professor Little chairs and serves on various committees in the American Bar Association and Federal Bar Association; annually publishes a Review of the Supreme Court’s Term: Criminal Cases for the ABA; and serves as Reporter to the ABA’s Task Force to Revise the Criminal Justice Standards, Prosecution and Defense Functions. He also occasionally serves as an expert witness in litigation matters; provides commentary on current legal issues for various print and electronic media; and maintains an Of Counsel position for appellate matters with the international law firm of McDermott, Will & Emery.
After graduating from Yale Law School, Professor Little served as law clerk to U.S. District Judge Louis F. Oberdorfer (Washington DC); Justice Potter Stewart (ret.), working on matters before the First, Third and Sixth Circuit Courts of Appeal; and Justice William J. Brennan, Jr. Professor Little also clerked for Justices Powell, Stevens, and Chief Justice Burger—a unique one-year experience.
Professor Little then practiced privately at Miller, Cassidy, Larroca & Lewin in Washington D.C. In 1987, he joined the U.S. Department of Justice’s Organized Crime & Racketeering Strike Force as a Trial Attorney. In 1989, he became the Appellate Chief for the U.S. Attorney’s Office in the Northern District of California, and has now argued over 60 federal and state appeals while briefing many more. In 1996 to 1997, Professor Little took a leave of absence from UC Hastings to serve as an Associate Deputy Attorney General in Washington D.C. under Attorney General Janet Reno and Deputy AG Jamie Gorelick.
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
State Constitution’s Enhanced Vehicle Search Protections Reaffirmed by New Jersey Supreme Court
Josh Windham
In March, the New Jersey Supreme Court reaffirmed that the New Jersey Constitution provides more...
Drunk Driving and the Fourth Amendment: The Implications of Missouri v. McNeely - Podcast
Orin S. Kerr, Rory Little, David R. Stras
The Supreme Court’s decision last Term in Missouri v. McNeely is an important one for...
Drunk Driving and the Fourth Amendment: The Implications of Missouri v. McNeely
TeleforumUnited States Supreme Court Review & Preview
MadisonUnited States Supreme Court Term in Review
HoustonMissouri v. McNeely - Post-Decision SCOTUScast
Prerak Shah
On April 17, 2013, the Supreme Court announced its decision in Missouri v. McNeely. The...
Drawing Blood from a Drunk Driving Suspect: Missouri v. McNeely
TeleforumMissouri v. McNeely - Post-Argument SCOTUScast
Erik S. Jaffe
On January 9, 2013, the Supreme Court heard oral argument in Missouri v. McNeely. The question...