Anne Fleming Research Professor and Professor of Law, Georgetown University Law Center; Faculty Director, Georgetown Center for the Constitution
Stephanie Barclay is a Professor of Law at Georgetown Law School, and the Faculty Director of the Georgetown Center for the Constitution. Her research focuses on the role our different democratic institutions play in protecting minority rights, particularly at the intersection of free speech and religious exercise. Barclay‘s work is published or is forthcoming in leading journals such as the Harvard Law Review, the Chicago Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal Forum. One of her articles was also selected for the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Her work has been featured in many media outlets, including The New York Times, The Wall Street Journal, The Washington Post, USA Today, Bloomberg BNA, The Hill, and Law 360. And her work has also been cited by the U.S. Supreme Court.
Prior to joining Georgetown, Barclay was twice voted Professor of the Year. Barclay has also litigated constitutional cases at both the trial and appellate level, including before the U.S. Supreme Court. Barclay served as a law clerk to Judge N. Randy Smith on the U.S. Court of Appeals for the Ninth Circuit, and to Justice Neil M. Gorsuch of the U.S. Supreme Court.
Barclay is a Faculty Affiliate at the Constitutional Law Center at Stanford Law School; and she is a Nootbaar Fellow at the Nootbaar Institute on Law, Religion, and Ethics at Pepperdine University. She currently serves as the Chair for the AALS Law and Religion Section and as a Member of the Executive Committee for the AALS Constitutional Law Section. She graduated summa cum laude from BYU Law School, where she was elected to the Order of the Coif. She is completing a Ph.D. in Law at Oxford University as a Clarendon Scholar and a Tang Scholar.
Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
Associate Professor of Political Science, Public Policy and Public Administration, and International Affairs, George Washington University
Steven Balla is Associate Professor of Political Science, Public Policy and Public Administration, and International Affairs, and a Senior Scholar at the George Washington Regulatory Studies Center. He researches government consultation and public participation in policymaking in the United States and China. He has on two occasions served as a consultant to the Administrative Conference of the United States, drawing on his research on public commenting in the U.S. rulemaking process to make recommendations for how to improve regulatory policymaking. He has twice served as a Fulbright Scholar in China, at Peking University in Beijing and Nankai University in Tianjin. He is currently working on projects on congressional oversight of regulatory policymaking, polarization in public commenting on proposed rules, and the responsiveness of Chinese government officials to public feedback on draft laws and regulations.
Policy Director, Fulcrum Foundation
Reeve T. Bull is the Policy Director of the Fulcrum Foundation. In this role, he promotes executive and legislative reforms designed to update and streamline the regulatory system. These reforms draw upon the work Mr. Bull undertook in his previous role as the Director of the Virginia Office of Regulatory Management (ORM). During his time at ORM, he led the Commonwealth's efforts related to regulatory streamlining and permitting transparency and the development and implementation of artificial intelligence policy.
Previously, Mr. Bull served as the Research Director of the Administrative Conference of the United States (ACUS). At ACUS, he worked on projects related to international regulatory cooperation, the use of science by administrative agencies, presidential review of agency rulemaking, cost-benefit analysis, government contractor ethics, and e-rulemaking, among other things. Mr. Bull has also served as an Adjunct Professor at the Antonin Scalia Law School and the George Washington University, teaching courses on Administrative Law. Mr. Bull has published numerous articles in highly regarded law journals, including the Administrative Law Review, George Washington Law Review, and Law and Contemporary Problems. Mr. Bull is an Elected Member of the American Law Institute and a Public Member of the Administrative Conference of the United States.
Earlier in his career, Mr. Bull worked in the private sector as an associate with the law firm Gibson, Dunn & Crutcher LLP and in government service as a law clerk to the Honorable Alvin A. Schall of the Federal Circuit Court of Appeals. During his time as an associate with Gibson Dunn, Mr. Bull worked on a variety of litigation and regulatory matters. He participated in cases appearing before the United States Supreme Court, several federal Courts of Appeals, and numerous federal district courts and state trial courts. His experience spanned a variety of practice areas, including administrative, constitutional, intellectual property, antitrust, environmental, securities, and white collar criminal law. During his clerkship for Judge Schall, Mr. Bull assisted with appeals in cases spanning a variety of areas, with particular emphasis on administrative and patent law.
Mr. Bull attended law school at Duke University, where he graduated with highest honors and was inducted into the Order of the Coif. He was one of two recipients of the Willis Smith Award for compiling the most outstanding academic record in the graduating class and the recipient of the James S. Bidlake Memorial Award for achieving the highest grade in his first year legal writing section. Mr. Bull also served as a Note Editor on the Duke Law Journal. Prior to law school, Mr. Bull attended the University of Oklahoma, where he graduated summa cum laude with a Bachelors in Chemistry and was inducted into Phi Beta Kappa.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Edward F. Howrey Professor of Law, University of Virginia
Michael Livermore joined the faculty in 2013. He teaches environmental law, administrative law, regulatory law and policy, and advanced seminars on these topics. His research focuses on environmental law, regulation, bureaucratic oversight and the computational analysis of law. He frequently collaborates on interdisciplinary projects with researchers in other academic fields, including economics, computer science and neurology. His work has appeared in leading law journals, including the Yale Law Journal, University of Chicago Law Review, New York University Law Review, Georgetown Law Journal and Duke Law Journal. Livermore is a leading expert on the use of cost-benefit analysis to evaluate environmental regulation, and he is the co-author of Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (Oxford University Press, 2008) and co-editor of The Globalization of Cost-Benefit Analysis in Environmental Policy (Oxford University Press, 2013).
Prior to joining the faculty, Livermore was the founding executive director of the Institute for Policy Integrity at New York University School of Law, a think tank dedicated to improving the quality of government decision-making. In that capacity, he participated in dozens of regulatory proceedings on a diverse set of issues ranging from climate change to prison safety. He remains an active participant in environmental policy discussions. Livermore earned his J.D. magna cum laude from NYU Law, where he was a Furman Scholar, was elected to the Order of the Coif, and served as a managing editor of the Law Review. After law school, he spent a year as a fellow at NYU Law’s Center on Environmental and Land Use Law before clerking for Judge Harry T. Edwards on the U.S. Court of Appeals for the D.C. Circuit.
During the 2018-19 academic year, Livermore is leading an Online Workshop on the Computational Analysis of Law.
Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
W. DeVier Pierson Professor of Law, University of Oklahoma College of Law
In 2001 Taiawagi Helton joined the faculty of the University of Oklahoma College of Law, where he teaches environmental law, property law, and Indian law. His research emphasizes environmental and natural resources issues relating to Native Americans, as well as nation building in Indian country.
Helton began his legal career as a clerk for the Honorable Robert H. Henry, U.S. Court of Appeals for the Tenth Circuit. He has served as a Special Justice for the Cheyenne and Arapaho Tribes Supreme Court (2004-2008) and as a member of the Board of Directors of Oklahoma Indian Legal Services. In 2012, Helton received the O.U. Regents’ Award for Superior Teaching, the University’s highest award for teaching excellence.
Helton earned his Master of Laws degree from Yale Law School in 2001. In 1999 he received a juris doctor degree with highest honors from the University of Tulsa College of Law, where he served as Editor-in-Chief of the Tulsa Law Journal and earned membership in the Order of the Curule Chair.
Partner, Spencer Fane LLP
Andy Lester has a civil litigation and appellate practice in both state and federal court. His fields of emphasis include complex business, civil rights, commercial, constitutional, and state and local government law. He has faced off against the White House over the use of Executive Privilege, has appeared as counsel before committees of the United States Senate and the United States House of Representatives, and has been a featured guest on television shows such as Hardball with Chris Matthews and The Situation Room with Wolf Blitzer. He has also served as Acting General Counsel for the Oklahoma House of Representatives, and has twice served as Chief Counsel to Special House Committees investigating public corruption.
While in law school, Lester served on President Ronald Reagan’s Transition Team for the Equal Employment Opportunity Commission. In 2002, he chaired Governor Brad Henry’s Law Enforcement/Corrections Transition Team and, as a member of the Budget/Finance Transition Team, helped write Governor Henry’s first State budget.
He is a former United States Magistrate Judge for the Western District of Oklahoma, and has served as Adjunct Professor at Oklahoma City University School of Law, having taught State & Local Government, Employment Law, Criminal Law, and International Law. Lester has written over 100 articles and papers on professional and public policy issues, and has published one book, Constitutional Law and Democracy, a collection of speeches he gave in 1993 in the former Soviet Union.
Lester is a former member of the Oklahoma State Regents for Higher Education, and in 2019 was named a State Regent Emeritus. He served on the board of Eureka College (President Reagan’s alma mater), is a former chairman of the Oklahoma Advisory Committee for the United States Commission on Civil Rights, and is a past president, past board chairman, and current board member of the Tenth Circuit Historical Society. He co-chaired the bipartisan Oklahoma Death Penalty Review Commission, which conducted the first-ever independent, objective, and thorough review of the state’s entire capital punishment system.
In 2012, Lester was named Citizen of the Year of Edmond, Oklahoma. He is a past president of the Rotary Club of Edmond, and in 2011 was named Rotarian of the Year.
Shareholder, Greenberg Traurig LLP
Troy A. Eid focuses his litigation, mediation and transactional practice on government enforcement, investigations and compliance, environmental law, energy and natural resource development, and Federal Indian law and Native American and Alaska Native tribal law. Troy is a trusted advocate and mediator in the Rocky Mountain West and in federal, state and tribal trial and appellate courtrooms across the country.
Litigation Update: Apache Stronghold v. United States
Stephanie Barclay, Anthony J. Ferate
Apache Stronghold v. United States is an ongoing case involving religious land use. On February...
Deep Dive Episode 151 – Public Input in Agency Rulemaking
Steven Balla, Reeve T. Bull, Susan E. Dudley, Michael Livermore
When the FCC put forward its proposed repeal of the net neutrality rule, it received...
Courthouse Steps Decision: McGirt v. Oklahoma
Anthony J. Ferate, Taiawagi "Tai" Helton, Andy Lester
On July 9, the Supreme Court released its decision in McGirt v. Oklahoma. By a vote...
McGirt v. Oklahoma - Post-Argument SCOTUScast
Troy A. Eid
On May 11, 2020, the U.S. Supreme Court heard argument in McGirt v. Oklahoma, which...