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 CEO, The Buckeye Institute
Robert Alt is the President and Chief Executive Officer of The Buckeye Institute where he has catalyzed exponential growth since he took the organization’s helm in 2012. He has since founded Buckeye’s renowned Economic Research Center and established its impactful Legal Center.
Alt is a distinguished scholar and attorney with particular expertise in legal policy, criminal justice, national security, and constitutional law. He previously worked for former U.S. Attorney General Edwin Meese III, regularly provides commentary on television and radio programs, and his writings have appeared in countless outlets.
In 2004, Alt spent five months in Iraq as an embedded war correspondent.
Alt has testified before Congress multiple times—including at the confirmation hearings for U.S. Supreme Court Justice Elena Kagan—the Federal Election Commission regarding matters of constitutional and administrative law, and numerous state legislatures.
Alt serves as an officer on the boards of The Philadelphia Society and the Federalist Society’s Columbus Lawyers Chapter. He taught national security law, criminal law, and legislation at Case Western Reserve University School of Law, as well as constitutional law and political parties and interest groups at Ashland University.
Alt earned his Doctor of Law degree from The University of Chicago Law School, where he was Symposium Editor and the winner of the Mulroy Prize for Excellence in Appellate Advocacy as well as research assistant to Professor Richard Epstein. Following law school, he clerked for Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit. Alt graduated with his Bachelor of Arts in philosophy and political science magna cum laude from Azusa Pacific University where he also won the Outstanding Senior Award in Political Science.
Alt is an accomplished high-altitude alpinist and endurance athlete who has successfully climbed 6.75 of the famed Seven Summits of the World including Mount Everest. He is the creator of PROFOUND CLIMBING™ and a frequent speaker across the country and around the world on legal and public policy topics as well as effective leadership, management, decision-making, and teamwork in contexts ranging from extraordinary life/death situations to ordinary professional/business settings.
President and CEO, The Buckeye Institute
Robert Alt is the President and Chief Executive Officer of The Buckeye Institute where he has catalyzed exponential growth since he took the organization’s helm in 2012. He has since founded Buckeye’s renowned Economic Research Center and established its impactful Legal Center.
Alt is a distinguished scholar and attorney with particular expertise in legal policy, criminal justice, national security, and constitutional law. He previously worked for former U.S. Attorney General Edwin Meese III, regularly provides commentary on television and radio programs, and his writings have appeared in countless outlets.
In 2004, Alt spent five months in Iraq as an embedded war correspondent.
Alt has testified before Congress multiple times—including at the confirmation hearings for U.S. Supreme Court Justice Elena Kagan—the Federal Election Commission regarding matters of constitutional and administrative law, and numerous state legislatures.
Alt serves as an officer on the boards of The Philadelphia Society and the Federalist Society’s Columbus Lawyers Chapter. He taught national security law, criminal law, and legislation at Case Western Reserve University School of Law, as well as constitutional law and political parties and interest groups at Ashland University.
Alt earned his Doctor of Law degree from The University of Chicago Law School, where he was Symposium Editor and the winner of the Mulroy Prize for Excellence in Appellate Advocacy as well as research assistant to Professor Richard Epstein. Following law school, he clerked for Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit. Alt graduated with his Bachelor of Arts in philosophy and political science magna cum laude from Azusa Pacific University where he also won the Outstanding Senior Award in Political Science.
Alt is an accomplished high-altitude alpinist and endurance athlete who has successfully climbed 6.75 of the famed Seven Summits of the World including Mount Everest. He is the creator of PROFOUND CLIMBING™ and a frequent speaker across the country and around the world on legal and public policy topics as well as effective leadership, management, decision-making, and teamwork in contexts ranging from extraordinary life/death situations to ordinary professional/business settings.
R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
Vice President for the Program on Technology, Criminal Justice and Civil Liberties, Lincoln Network
Arthur Rizer is the Vice President for the Program on Technology, Criminal Justice and Civil Liberties at Lincoln Network. In addition to his work at Lincoln, Arthur is a visiting lecturer at University College London, and an adjunct professor at George Mason University’s Antonin Scalia Law School. Arthur is also a member of Columbia University Justice Lab’s Executive Session for the Future of Justice Policy, the Federalist Society’s Executive Committee of the Criminal Law Practice Group, the Virginia Advisory Committee to the U.S. Commission on Civil Rights, and other advisory bodies.
Before joining Lincoln, Arthur was founding director of the R Street Institute’s program on criminal justice and civil liberties. Prior to that, Arthur taught at West Virginia University’s College of Law, and was a visiting professor at Georgetown University Law Center. He also served as a trial attorney with the U.S. Justice Department, primarily as a federal prosecutor in the Criminal Division, where he targeted command-and-control drug cartel leaders and narco-terrorists. He also served as a prosecutor in the U.S. Attorney’s Office for the Southern District of California and in the civil division. Earlier in his career, Arthur served in the U.S. Army, originally enlisting as a private before later receiving a commission. He served as an armor officer, later becoming the commander of a military police company and a Reserve Officers’ Training Corps assistant professor. He deployed to Fallujah, Iraq, with the mission to train the Iraqi Infantry and served as an MP acting battalion commander and executive officer. He retired as a lieutenant colonel from the U.S. Army (WVNG). During his Army career, Arthur received the Bronze Star, Purple Heart, Meritorious Service and Iraq Campaign medals.
Arthur is the author of three books: Lincoln’s Counsel (2010); The National Security Implications of Immigration Law (2013); and Jefferson’s Pen: The Art of Persuasion (2016).
Arthur earned his bachelor’s degree in political science from Pacific Lutheran University; a master of laws, with distinction, from Georgetown University’s Law Center; and his JD, magna cum laude, from Gonzaga University School of Law. He is also a graduate of the U.S. Marine Corps’ Command Staff College. He is in the final stages of a doctorate at the University of Oxford, Faculty of Law, Centre of Criminology that focuses on policing.
Brett Tolman, the former U.S. Attorney for Utah and former chief counsel for crime and terrorism in the U.S. Senate Judiciary Committee, founded the Tolman Group and focuses on public policy and reforming government.
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.
Judge, United States District Court, Eastern District of Missouri
Judge Pitlyk received her law degree from Yale Law School, after earning her undergraduate degree from Boston College and master’s degrees from Georgetown University and the Katholieke Universiteit Leuven in Belgium, where she studied as a Fulbright Scholar. Immediately before taking the bench, Judge Pitlyk served as Special Counsel for the Thomas More Society, a national public interest law firm. Before TMS, she spent several years at a small civil litigation boutique in St. Louis, MO, after starting her career at Covington & Burling in Washington, DC. From 2010 to 2011, she clerked for the Honorable Brett M. Kavanaugh, then a Circuit Judge on the United States Court of Appeals for the District of Columbia Circuit. Judge Pitlyk was sworn in as a District Judge for the Eastern District of Missouri on December 6, 2019.
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, Alliance Defending Freedom
Julie Marie Blake serves as senior counsel for regulatory litigation at Alliance Defending Freedom. Over the last decade, she has been on the front lines of high-profile, precedent-setting cases challenging federal overreach in courts across the country.
Blake served as deputy solicitor general for the state of Missouri from 2017 to 2020 and as assistant solicitor general for the state of West Virginia from 2013 to 2017. In these roles, she argued 26 federal and state appeals, including before the en banc U.S. Court of Appeals for the Eighth Circuit. She received the Best Brief Award from National Association of Attorneys General for her U.S. Supreme Court advocacy.
Before entering government service in 2013, Blake was a litigation associate at Baker Botts L.L.P., where she served as volunteer amicus counsel in several ADF cases, including Town of Greece v. Galloway.
Following law school, she served as a law clerk for Judge Paul J. Kelly, Jr. on the U.S. Court of Appeals for the Tenth Circuit. She received her J.D. magna cum laude from Notre Dame Law School in 2009. She received her B.A. in Politics and Theology & Religious Studies phi beta kappa from the Catholic University of America in 2006. She is a 2007 Blackstone Fellow.
Blake is admitted to practice in multiple states, the Supreme Court, and in many federal district and appellate courts.
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
Judge, United States Court of Appeals, Eighth Circuit
Judge William Duane Benton is a federal judge on the United States Court of Appeals for the 8th Circuit. He joined the court in 2004 after being nominated by former President George W. Bush. Prior to his appointment, Judge Benton served as the chief justice of the Missouri Supreme Court. During his service on the court he received his masters of laws from the University of Virginia, completed the senior executives program at Harvard University’s John F Kennedy School of Government, and completed a post-graduate appellate judges course at New York University’s Institute of Judicial Administration.
Prior to serving on the Supreme Court of Missouri, Judge Benton was appointed by then-Governor John Ashcroft as director of the state’s department of revenue. Judge Benton also worked as a judge advocate general for the United States Navy, during which time he received his master’s degree in business administration and accountancy from the University of Memphis.
Judge Benton earned his law degree from Yale Law School and was the managing editor of the Yale Law Journal.
Partner, Shands, Elbert, Gianoulakis & Giljum, LLP
Mark Bremer has more than forty years civil litigation experience in federal and state trial and appellate courts, with an emphasis on business litigation, involving general commercial, antitrust, securities, bankruptcy, employment, education, civil rights and class action law and procedure. By way of illustration, Mr. Bremer served in a lead counsel capacity on behalf of two dozen suburban school districts in trying and ultimately settling the St. Louis School Desegregation Case, the longest-standing and most complex case in the St. Louis federal court. Mr. Bremer provides litigation representation and consultation to Fortune 500 businesses, educational institutions, employers of all types and other entities in a variety of specialized areas of law and practice.
Partner, Graves Garrett Greim LLC
Edward “Eddie” Greim focuses his practice on complex commercial litigation, free speech and election law, and internal investigations and whistleblower claims. He has been recognized for his successful representation of businesses and individuals in commercial litigation while also being named a “go-to” lawyer on policy and constitutional issues.
Eddie was named a Constitutional and Election Law Trailblazer by the National Law Journal in 2020. His free speech and election law practice has included numerous constitutional challenges to election and campaign finance laws; representation of clients in state and federal ethics and campaign finance enforcement actions and investigations; initiative petition drafting and litigation; litigation and advice regarding First Amendment protections for petition circulation; representation of not-for-profit clients before state regulators; litigation of state and federal redistricting issues; and advice on campaign and election law compliance.
Eddie complements his trial work in complex, high-profile commercial and constitutional cases with oral advocacy and briefing in important appeals. Recognized as a Missouri Lawyers Media POWER 30 Appellate Attorney in 2021, he has argued before the Missouri and Kansas supreme courts multiple times, other state appellate courts across the country, and before the Sixth, Seventh, Eighth, and Tenth U.S. Courts of Appeals.
Eddie’s notable work for clients includes:
Recovering substantial compensation and injunctive relief for plaintiffs, in complex multiyear litigation, as lead counsel in the first and only nationwide class action certified against the Internal Revenue Service for violating taxpayer protection statutes when it targeted hundreds of groups based on their political viewpoints.
Successful First Amendment challenge to Missouri’s 2016 campaign finance restrictions.
Successful challenge to a vast, multiyear, secret criminal investigation into Wisconsin political groups and nonprofits, and follow-up challenge to expose role of state ethics board which secretly aided the investigation and was later dissolved by the legislature.
U.S. Supreme Court amicus brief for the National Republican Redistricting Trust in the 2019 Rucho litigation, and federal and state redistricting litigation and advice since 2011.
Challenges under the First Amendment in federal court, and in briefing to the Michigan Supreme Court on state constitutional grounds, to unprecedented emergency powers claimed by Michigan Governor in 2020.
Representation of numerous public officials and private citizens who are subject to “lawfare” attacks based on their political viewpoints or policy objectives.
Oversight of multiple internal investigations.
Eddie received his law degree from Harvard Law School in 2002, where he taught on the Board of Student Advisers, received the Dean’s Award for Leadership, and served as President of the Harvard Catholic Law Students Association. He received two bachelor’s degrees, summa cum laude, in economics and political science from the University of Missouri.
A native of Excelsior Springs, Missouri, Eddie lives in Kansas City with his family. He enjoys Missouri and military history. On many weekends, he can be found with his wife and daughters exploring sites of local interest. He enjoys reading and debating and has given presentations or organized discussions at numerous gatherings, formal and informal, of professional and personal interest.
2020 Civil Justice Update
Mark A. Behrens
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
The Essential Scalia: On the Constitution, the Courts, and the Rule of Law
Missouri Lawyers Chapters
Criminal Law Update: A Survey of State Law Changes in 2019
Robert Alt
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Criminal Law Update: A Survey of State Law Changes in 2019
Robert Alt
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
After Espinoza, What’s Left of the Establishment Clause?
Carl H. Esbeck
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Topics
FCC's O'Rielly on First Amendment & Fairness Doctrine Dangers
That's Debatable is a new blog initiative bringing together legal and policy experts with differing perspectives...
The Supreme Court in 2020: A Conversation with John Bursch
Jefferson City Lawyers Chapter - Online Event
Seeking Success: Reforming America’s Community Supervision System
Arthur Rizer, Brett Tolman
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Implicit Bias-What is it, and how do we control for it with respect to the Missouri Plan?
Jefferson City Lawyers Chapter - Online Event
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...