Adjunct Professor, Belmont Abbey College
Associate Dean for Faculty; Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State University Mortiz College of Law
Professor Daniel Tokaji is an authority on the law of elections and democracy. He teaches courses on Election Law, Civil Rights, Civil Procedure, Comparative Law, Constitutional Law, Federal Courts, Legislation and Regulation, and the U.S. Legal System. His scholarship addresses questions of voting rights, racial justice, free speech, and the role of the courts in American democracy.
Professor Tokaji is the author of Election Law in a Nutshell (2d ed. 2016), and co-author of Election Law: Cases and Materials (6th ed. 2017) and The New Soft Money (2014). He has written numerous articles and book chapters on a wide variety of election and voting issues, including voting rights, voter ID, voter registration, redistricting, campaign finance regulation. Recent articles include “Gerrymandering and Association,” 59 William & Mary Law Review 2159 (2018), and “Denying Systemic Equality: The Last Words of the Kennedy Court,” 13 Harvard Law & Policy Review 539 (2019). His current research focuses on the challenges facing democracies around the globe, including the free speech issues surrounding digital disinformation and the need for trustworthy electoral institutions.
Media outlets frequently seek Professor Tokaji’s expertise on election and voting issues. He has been quoted in The New York Times, Los Angeles Times, The Columbus Dispatch, USA TODAY, and appeared on TODAY, FOX News, NBC News, and National Public Radio and many other media outlets.
A graduate of Harvard College and the Yale Law School, Professor Tokaji clerked for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Before arriving at Ohio State, he was a staff attorney with the ACLU Foundation of Southern California and Chair of California Common Cause.
Professor Tokaji has litigated many civil rights, civil liberties, and election law cases. He was lead counsel in a case that struck down an Ohio law requiring naturalized citizens to produce a certificate of naturalization when challenged at the polls. He also served as counsel in litigation challenging the state’s voting purges. He was also an attorney for plaintiffs in cases that kept open the window for simultaneous registration and early voting in Ohio’s 2008 general election, and that challenged punch-card voting systems in Ohio and California after the 2000 election.
Adjunct Professor, Belmont Abbey College
Associate Dean for Faculty and Intellectual Life, Ohio State University Moritz College of Law
Ric Simmons is the Associate Dean for Faculty and Intellectual Life and the Jacob E. Davis and Jacob E. Davis II Chair in Law at Moritz. He teaches Evidence, Criminal Law, Criminal Procedure, and Computer Crime and Surveillance.
An accomplished legal scholar, Professor Simmons’ research focuses on the intersection of the Fourth Amendment and new technology. He has written about the use of big data in the criminal justice system, searches of cell phones and other electronic devices, and hyper-intrusive surveillance devices. He has also written about the privatization of the criminal justice system and the role of the prosecutor. Professor Simmons is the author of Smart Surveillance: How to Interpret the Fourth Amendment in the Twenty-First Century (Cambridge Press 2019), and Private Criminal Justice: How Private Parties are Enforcing Criminal Law and Transforming Our Justice System (2023), and he has co-authored four casebooks and two hornbooks. His scholarship has also appeared in leading legal journals, including the Duke Law Journal, the Boston University Law Review, and the George Washington Law Review.
Before coming to Moritz, Simmons was an acting assistant professor at New York University School of Law. Before that, he clerked for the Honorable Laughlin E. Waters of the Central District of California and then served for four years as an assistant district attorney for New York County.
Professor Simmons is a national expert on the grand jury and served on the Ohio Supreme Court’s Grand Jury Task Force. He has also been a recipient of the Ohio State University Alumni Award for Distinguished Teaching and has won the Morgan E. Shipman Outstanding Professor Award six times.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Associate Dean for Faculty; Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State University Mortiz College of Law
Professor Daniel Tokaji is an authority on the law of elections and democracy. He teaches courses on Election Law, Civil Rights, Civil Procedure, Comparative Law, Constitutional Law, Federal Courts, Legislation and Regulation, and the U.S. Legal System. His scholarship addresses questions of voting rights, racial justice, free speech, and the role of the courts in American democracy.
Professor Tokaji is the author of Election Law in a Nutshell (2d ed. 2016), and co-author of Election Law: Cases and Materials (6th ed. 2017) and The New Soft Money (2014). He has written numerous articles and book chapters on a wide variety of election and voting issues, including voting rights, voter ID, voter registration, redistricting, campaign finance regulation. Recent articles include “Gerrymandering and Association,” 59 William & Mary Law Review 2159 (2018), and “Denying Systemic Equality: The Last Words of the Kennedy Court,” 13 Harvard Law & Policy Review 539 (2019). His current research focuses on the challenges facing democracies around the globe, including the free speech issues surrounding digital disinformation and the need for trustworthy electoral institutions.
Media outlets frequently seek Professor Tokaji’s expertise on election and voting issues. He has been quoted in The New York Times, Los Angeles Times, The Columbus Dispatch, USA TODAY, and appeared on TODAY, FOX News, NBC News, and National Public Radio and many other media outlets.
A graduate of Harvard College and the Yale Law School, Professor Tokaji clerked for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Before arriving at Ohio State, he was a staff attorney with the ACLU Foundation of Southern California and Chair of California Common Cause.
Professor Tokaji has litigated many civil rights, civil liberties, and election law cases. He was lead counsel in a case that struck down an Ohio law requiring naturalized citizens to produce a certificate of naturalization when challenged at the polls. He also served as counsel in litigation challenging the state’s voting purges. He was also an attorney for plaintiffs in cases that kept open the window for simultaneous registration and early voting in Ohio’s 2008 general election, and that challenged punch-card voting systems in Ohio and California after the 2000 election.
R.C. Hoiles Professor, Business Ethics & Free Enterprise, Chapman University
Isadore and Ida Topper Professor of Law, The Ohio State Universi, Moritz College of Law
Judge William Hawley Atwell Chair of Constitutional Law, SMU Dedman School of Law
Professor Carpenter is the Judge William Hawley Atwell Chair of Constitutional Law. He previously served as the Charles J. and Inez Wright Murray Distinguished Visiting Professor of Law at SMU, teaching Constitutional Law I as well as LGBT Rights and the Law. This fall he will teach Constitutional Law II.
Prior to joining SMU, Professor Carpenter taught for 16 years at the University of Minnesota, where he served as a Distinguished University Teaching Professor and the Earl R. Larson Professor of Civil Rights and Civil Liberties Law. He won multiple teaching awards. He is also an editor of Constitutional Commentary.
The Texas native received his B.A. degree in history, magna cum laude, from Yale College and received his J.D., with honors, from the University of Chicago Law School, where he was editor-in-chief of the University of Chicago Law Review. After serving as a law clerk for Fifth Circuit Judge Edith Jones, he practiced at the firms Vinson & Elkins LLP in Houston, and at Howard, Rice, Nemerovski, Canady, Falk & Rabkin, P.C. in San Francisco.
As the author of numerous articles and an award-winning book —FLAGRANT CONDUCT: THE STORY OF LAWRENCE V. TEXAS (W.W. Norton & Co., 2012), about the landmark U.S. Supreme Court case that invalidated America's sodomy laws — he is often asked by the media to comment on constitutional law, the First Amendment, and LGBT Rights and the Law. Since 2005, he has been an active blogger on the popular legal blog, The Volokh Conspiracy, which is hosted by the Washington Post.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
Vice Dean and Professor of Law, Villanova University School of Law
Professor Michael Risch joined the Villanova faculty in 2010 from the West Virginia University College of Law, where he directed the Entrepreneurship, Innovation and Law Program. Prior to joining the West Virginia faculty, he served as an Olin Fellow in Law at Stanford Law School. Professor Risch’s teaching and scholarship focus on intellectual property and internet law, with an emphasis on patents, trade secrets and information access. His articles have been published in the Stanford Law Review and Duke Law Journal, among others; online in the Yale Law Journal Online and PENNumbra; and less formally at the Madisonian, Prawfsblawg, and Patently-O blogs. Two of his articles have been cited by the United States Supreme Court. Professor Risch received his A.B. with honors and distinction in Public Policy and with distinction in Quantitative Economics from Stanford University, and his J.D. with high honors from the University of Chicago Law School. Prior to entering academia, he was a partner at intellectual property boutique Russo & Hale LLP in Palo Alto, California.
Resident Fellow, American Enterprise Institute
Timothy P. Carney is a resident fellow at the American Enterprise Institute, where he works on economic competition, cronyism, civil society, localism, and religion in America. He is concurrently the commentary editor at the Washington Examiner.
Mr. Carney’s latest book, “Alienated America: Why Some Places Thrive While Others Collapse” (HarperCollins), was published in February 2019. His previous books include “Obamanomics: How Barack Obama Is Bankrupting You and Enriching His Wall Street Friends, Corporate Lobbyists, and Union Bosses” (Regnery Publishing, 2009) and “The Big Ripoff: How Big Business and Big Government Steal Your Money” (John Wiley & Sons, 2006), which was awarded the 2008 Culture of Enterprise award by the Intercollegiate Studies Institute.
In addition to his Washington Examiner columns, Mr. Carney’s work has been published in a variety of magazines, websites, and newspapers, including The Atlantic, New York Post, The New York Times, Reason Magazine, and The Wall Street Journal. His television appearances include CNBC, CNN, Fox News, MSNBC, and the “PBS NewsHour.”
Mr. Carney has a bachelor’s degree from St. John’s College in Annapolis.
Elizabeth and Thomas Holder Chair, Scheller College of Business, Georgia Institute of Technology
Peter Swire has been a leading privacy and cyberlaw scholar, government leader, and practitioner since the rise of the Internet in the 1990’s. He came to the Georgia Institute of Technology in 2013, where he is the Elizabeth and Tommy Holder Chair in the Scheller College of Business, and Professor in the School of Cybersecurity and Privacy. He is senior counsel with the law firm of Alston & Bird LLP.
Swire served as one of five members of President Obama’s Review Group on Intelligence and Communications Technology. Prior to that, he was co-chair of the global Do Not Track process for the World Wide Web Consortium. He is a Senior Fellow with the Future of Privacy Forum, and has served on the National Academy of Sciences & Engineering Forum on Cyber Resilience.
Under President Clinton, Swire was the Chief Counselor for Privacy, in the U.S. Office of Management and Budget, the first person to have U.S. government-wide responsibility for privacy policy. Under President Obama, he was Special Assistant to the President for Economic Policy.
Newton D. Baker-Baker & Hostetler Chair in Law, Moritz College of Law, The Ohio State University
Professor Douglas A. Berman is Newton D. Baker-Baker & Hostetler Chair in Law and Executive Director of the Drug Enforcement and Policy Center, housed in the Moritz College of Law. Berman’s principal teaching and research focus is in the area of criminal law and criminal sentencing, though he also has teaching and practice experience in the fields of legislation and intellectual property. He has taught Criminal Law, Criminal Punishment and Sentencing, Criminal Procedure – Investigation, Marijuana Law, Policy & Reform Seminar, Federal and State Clemency Decision-making, The Death Penalty, Legislation, Introduction to Intellectual Property, Second Amendment Seminar, and the Legislation Clinic.
Professor Berman attended Princeton University and Harvard Law School. In law school, he was an editor and developments office chair of the Harvard Law Review and also served as a teaching assistant for a Harvard University philosophy course. After graduation from law school in 1993, Professor Berman served as a law clerk for Judge Jon O. Newman and then for Judge Guido Calabresi, both on the United States Court of Appeals for the Second Circuit. After clerking, Professor Berman was a litigation associate at the law firm of Paul, Weiss, Rifkind, Wharton, and Garrison in New York City.
Professor Berman is the co-author of two casebooks. Sentencing Law and Policy: Cases, Statutes and Guidelines, published by Aspen Publishers, is now in its fifth edition. Marijuana Law and Policy was released by Carolina Academic Press in 2020. In addition to authoring numerous articles on topics ranging from capital punishment to the federal sentencing guidelines, Professor Berman has served as a managing editor of the Federal Sentencing Reporter for more than twenty five years, and also serves as an editor of the Ohio State Journal of Criminal Law.
Professor Berman is the sole creator and author of the widely-read and widely-cited blog, Sentencing Law and Policy. The blog often receives nearly 50,000 page views per month (and had over 20,000 hits the day of the Supreme Court’s major sentencing decision in United States v. Booker). Professor Berman’s work on the Sentencing Law and Policy blog, which he describes as a form of “scholarship in action,” has been profiled or discussed at length in articles appearing in the Wall Street Journal, Legal Affairs magazine, Lawyers Weekly USA, Legal Times, Columbus Monthly, and in numerous other print and online publications.
In addition, Sentencing Law and Policy has the distinction of being the first blog cited by the U.S. Supreme Court (for a document appearing exclusively on the site), and substantive analysis in particular blog posts has been cited in numerous appellate and district court rulings, in many briefs submitted to federal and state courts around the country, and in hundreds of law review articles.
Professor Berman is a member of the Council on Criminal Justice and frequently is consulted by national and state policymakers, sentencing commissioners, and public policy groups concerning sentencing law and policy reforms. He has testified before the U.S. House of Representatives and before numerous sentencing commissions. He also is frequently contacted by national and local media concerning sentencing and marijuana reform developments.
Professor Berman has appeared on national television, radio and podcast news programs and has been extensively quoted in newspaper articles appearing in nearly every major national paper and many local papers, including The New York Times, The Washington Post, The Wall Street Journal, Legal Times, and in pieces from the Associated Press, Reuters, and Knight-Ridder news services.
Professor Berman sometimes serves as a consultant to lawyers working on important or interesting sentencing cases. In most instances, Professor Berman’s consulting has been on an ad hoc and pro bono basis, and it usually involves a quick review of draft briefs and other court filings and then providing general advice on litigation strategies. On some occasions, however, Professor Berman has been formally retained to play a more sustained role in certain cases, including being retained by law firms to provide consulting service on various cutting-edge federal sentencing issues.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Wikileaks and the First Amendment
Who Are You Calling Illegal? Arizona Immigration Bill SB 1070
Federal Indian Law in the 21st Century
Canine the Barbarian: Problems with Animal Rights
CLS v. Martinez: Freedom of Association & Religious Rights
Same Sex Marriage and Proposition 8 Litigation
Fast Food, and Obesity Litigation
Bilski v. Kappos: How Should Courts Handle Intellectual Property in the 21st Century?
Are Government Regulations or Free Markets the Better Solution to America's Energy & Environmental Problems?
The Right to Bear Arms? Debatable