Deputy Counsel, Wisconsin Institute for Law and Liberty
Dan Lennington serves as Deputy Counsel at the Wisconsin Institute for Law & Liberty (WILL), where he directs the Equality Under the Law Project. Started in early 2021, the EUL Project has represented dozens of individuals and businesses nationwide, successfully advocating for race neutrality in both public and private programs.
Before joining WILL, Dan served as Assistant Deputy Attorney General in Wisconsin and Assistant U.S. Attorney in Oklahoma. He is a graduate of Hillsdale College.
Dan can be reached at dan@will-law.org. More information about the EUL Project can be found at www.defendequality.org.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Aeron Van Scoyk is a Law Clerk with the NFIB Small Business Legal Center and a student at U.C. Davis School of Law.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
Director of Policy Studies & Senior Fellow, The Free State Foundation
Seth L. Cooper is Director of Policy Studies & Senior Fellow at The Free State Foundation. His work on federal communications and technology policy at the Free State Foundation began in 2009.
With Randolph May, Mr. Cooper is the co-author of Modernizing Copyright Law for the Digital Age: Constitutional Foundations for Reform (2020) and Constitutional Foundations of Intellectual Property: A Natural Rights Perspective (2015), both published by Carolina Academic Press. Along with Mr. May, Mr. Cooper also co-authored A Reader on Net Neutrality and Restoring Internet Freedom (2018) and #CommActUpdate: A Communications Law Fit for the Digital Age (2017), both published by Free State Foundation Press. He previously contributed to two chapters in Communications Law and Policy in the Digital Age (2012), published by Carolina Academic Press. Mr. Cooper's work has also appeared in such publications as CommLaw Conspectus, the San Jose Mercury News, Forbes.com, the Des Moines Register, the Baltimore Sun, the Washington Examiner, and the Washington Times.
Mr. Cooper previously served as Director to the Telecommunications and Information Technology Task Force at the American Legislative Exchange Council (ALEC). Mr. Cooper served as judicial clerk to the Honorable James Johnson at the Washington State Supreme Court. His co-writings about the Washington Supreme Court have appeared in the Gonzaga Law Review and in Federalist Society publications. He has worked in law and policy staff positions at the Washington State Senate and at the Discovery Institute's Center for Science & Culture. Mr. Cooper is a 2009 Lincoln Fellow at the Claremont Institute. He also has worked in private practice in the State of Washington, handling civil legal matters involving personal injuries, small business, contracts, and wills, trusts, and estates.
Mr. Cooper earned his B.A. degree in Political Science from Pacific Lutheran University and received his J.D. from Seattle University School of Law.
Senior Vice President, Strand Consult
Roslyn Layton, PhD is a leading international expert on technology policy. She is Senior Vice President of Strand Consult, an independent consultancy serving the global mobile telecom industry. She is also a Visiting Researcher at Aalborg University Copenhagen where she earned a doctoral thesis on network neutrality by measuring the outcome of the policy across 53 countries over 5 years. She served on the Presidential Transition Team for the Federal Communications Commission (FCC), and her work was critical to the FCC’s defense for the Restoring Internet Freedom Order. She has testified to the United States Senate and House on multiple topics including spectrum, broadband, mobile mergers, competition, and privacy. She founded the think tank China Tech Threat to study the problems of technology produced by the People’s Republic of China. She serves as the Program Chair for the Telecom Policy Research Conference, the leading interdisciplinary academic gathering. Her recent paper on rural broadband describes the empirical case for policy reform to recover network infrastructure costs from streaming video entertainment providers. She is a Senior Contributor to Forbes.
Technology Policy Manager, R Street Institute
Partner, Wilkinson Barker Knauer LLP
Rosemary C. Harold joined the firm as a partner in 2011, specializing in media, broadband, and First Amendment issues. She advises a wide range of clients – including commercial and noncommercial broadcasters, cable operators, video programmers, wireless providers, and satellite operators – on legal, regulatory, and policy matters. Her work includes representation of clients in major rulemakings, transactions both large and small, and regulatory compliance counseling. Ms. Harold also regularly provides investors and others in the financial community with insights into developments at the FCC and on Capitol Hill, including the interplay between the agency and lawmakers, as well as inter-agency dealings among the FCC, the Department of Justice, and the Federal Trade Commission on competition issues.
From 2005 to 2011, Ms. Harold served at the Federal Communications Commission, most recently as Legal Advisor to FCC Commissioner Robert M. McDowell for media and broadband issues, with a particular focus on First Amendment concerns. She earlier served as Deputy Chief of the FCC’s Media Bureau, where she led the staff teams working on major rulemakings such as video franchising reform and media ownership, as well as on major transactional reviews such as the Sirius/XM merger.
Before her government service, Ms. Harold’s work in private practice included FCC regulatory proceedings in the media, satellite, and wireless areas, diversity and EEO matters at the FCC and EEOC, and First Amendment commercial speech matters before the FTC, FDA and federal appellate courts. She began her career as a journalist, including work as a reporter and bureau chief for the Miami Herald, an editor at C-SPAN and, during law school, a columnist for the ABA Student Lawyer magazine.
Ms. Harold frequently speaks at industry conferences and events on media and broadband issues. She currently serves as the co-chair of the Women in Communications Law subcommittee of the American Bar Association’s Forum Committee on Communications Law, an adjunct professor in the Communications Law Institute at Catholic University’s Columbus School of Law, and member of Board of Advisors for the Thomas Jefferson Public Policy Program at the College of William and Mary. An active member of the Federal Communications Bar Association, Ms. Harold has served on the FCBA’s Executive Committee and co-chaired the FCBA’s Mass Media Committee, Video Programming & Distribution Committee, and Professional Responsibility Committee.
J.D., Georgetown University Law Center, 1991, magna cum laude
M.A., University of Missouri, 1985
B.A., College of William and Mary, 1980
Former Acting Deputy Secretary, Department of Homeland Security
Senior Fellow for Homeland Security at The Center for Renewing America, Mr. Cuccinelli has been a trial and appellate litigator, including constitutional law, for over 25 years. Additionally, Mr. Cuccinelli served in state government in the Virginia State Senate from 2002-2010, and as Virginia’s Attorney General from 2010-2014. As Virginia’s Attorney General, Mr. Cuccinelli led national litigation against Obamacare and other illegal and unconstitutional federal overreach. He also led Virginia from being among the worst states in fighting human trafficking to becoming one of the best; and his successful prosecutorial efforts resulted in record enforcement against gangs, health care fraud and child predators, all while protecting life and constitutional rights.
Mr. Cuccinelli also served in the federal government, first as the Acting Director of
United States Citizenship & Immigration Services, and then as the Acting Deputy
Secretary for the Department of Homeland Security. During his tenure, Mr. Cuccinelli
was a leading spokesman for the administration on immigration, election security and
homeland security issues. He was responsible for planning and managing a budget of
over $50 billion per year, while serving as the chief operating officer for the Department
of the federal government responsible for responding to most forms of crises in the
United States. Mr. Cuccinelli was appointed by the President to serve as an original
member of the Coronavirus Task Force upon the emergence of the Covid-19 pandemic.
Following his time in federal service, Mr. Cuccinelli assumed leadership of the joint
Susan B. Anthony List/American Principles Project Election Transparency Initiative, in
which position Mr. Cuccinelli seeks to fend off a federal takeover of state elections while
at the same time advancing election reforms to achieve security, transparency and
accountability in our elections.
Mr. Cuccinelli continues to be a frequent media contributor on the wide array of
subjects in which he is an expert.
Mr. Cuccinelli and his wife, Teiro, grew up and live in Virginia and they have seven
children, two sons-in-law and most joyously of all – four grandchildren (so far).
In his spare time, Mr. Cuccinelli enjoys spending time with his family, reading, shooting,
playing ultimate frisbee and watching college basketball.
Partner, Cooley
Rob McDowell advises telecommunications, media and technology clients on their most significant regulatory, legal and business matters. As a former commissioner of the Federal Communications Commission (FCC) and a highly regarded industry leader, Rob has been at the forefront of the most complex and groundbreaking issues facing telecommunications.
Mr. McDowell was first appointed to the FCC by President George W. Bush in 2006 and again by President Obama in 2009. He was unanimously confirmed both times by the US Senate. During his tenure, Mr. McDowell led efforts to expand consumer access to spectrum through his work on the two largest wireless auctions in US history at the time, played a key role in the 2009 digital television transition and led efforts to establish the first federal civil rights rule in a generation by creating a ban on racially discriminatory practices in broadcast advertising. He also worked extensively on several large and complex mergers, including Sirius/XM and Comcast/NBC-Universal.
He is an advocate for internet freedom, serving on the US delegation to the 2012 World Conference on International Telecommunications and exposing an international bid to regulate vital aspects of the Internet through multilateral treaty-based organizations. Mr. McDowell authored an op-ed in the Wall Street Journal opposing multilateral internet regulation that led to a resolution passed unanimously in the House and Senate, as well as the ultimate defeat of the international bid at a treaty negation in Dubai later that year.
Prior to the FCC, Mr. McDowell was senior vice president for CompTel, the Competitive Telecommunications Association, where he led advocacy efforts before several government agencies, the White House and Congress.
Mr. McDowell is often called upon for speaking engagements and frequently appears on TV and radio. He has written opinion pieces for many high-profile publications, including the Wall Street Journal and Washington Post.
The Twin Commands: Streamlining Equality Litigation Based on Students for Fair Admissions
Daniel Lennington
Each year, government contracting programs dole out tens of billions of dollars to businesses that...
Bureaucracy With Bumper Guards: Better Than It Rules?
Ronald A. Cass
A review of Law & Leviathan: Redeeming the Administrative State, by Cass Sunstein & Adrian...
The Preemption Predicament Over Broadband Internet Access Services
Lawrence J. Spiwak
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Kisor v. Wilkie Makes Auer a Paper Tiger
Karen Harned, Aeron Van Scoyk
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
National Security, Trade, and China: Risks and Responses in the Internet Age
Ronald A. Cass
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
John Marshall’s Jurisprudence Supports Preemption of California’s Net Neutrality Law
Randolph May, Seth L. Cooper
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Net Neutrality Without the FCC?: Why the FTC Can Regulate Broadband Effectively
Roslyn Layton, Tom W. Struble
Note from the Editor: This article argues that the FTC has jurisdiction over broadband and the...
The FCC Forgot Something in Piecing Together Its Complex Proposal for Broadband Privacy Regulation: Consumers
Rosemary C. Harold
Note from the Editor: This article discusses the FCC’s proposed rules for broadband privacy, and...
High Stakes: The FCC Gambles with America’s Global Leadership
Kenneth T. Cuccinelli
Note from the Editor: On February 4, 2015, Federal Communications Commission Chairman Tom Wheeler put...
A U.N. Regulated Internet? The Case for Defending Against Persistent Intergovernmental Threats to Internet Freedom
Robert M. McDowell
Note from the Editor: The author has adapted this paper from testimony before the U.S....