Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Emmett Visiting Assistant Clinical Professor of Law in Environmental Law, Harvard Law School
Andrew Mergen is a Visiting Assistant Clinical Professor of Law and Faculty Director of the Emmett Environmental Law & Policy Clinic. Prior to joining the Harvard Law School faculty, Andrew Mergen served in the Appellate Section of the Environment & Natural Resources Division (ENRD) at the United States Department of Justice. Professor Mergen began his career at the Justice Department in the Honors Program and concluded his career as Chief of ENRD’s Appellate Section. He has presented oral arguments in all 13 federal courts of appeals, including two en banc courts, and before several state intermediate and supreme courts. He has also worked on over a dozen merits cases in the Supreme Court of the United States. In addition, in 2009, Professor Mergen assisted the Office of White House Counsel on the confirmation of the Honorable Sonia Sotomayor as Associate Justice of the Supreme Court. During his career at the Justice Department, Professor Mergen received the Attorney General’s Award for Distinguished Service three times. He also received ENRD’s Muskee-Chafee Award, honoring his work’s significant contribution to protecting the environment.
Before entering clinical teaching, Professor Mergen taught at several law schools including, Harvard Law School (Advanced Environmental Law), the University of Michigan Law School (Natural Resources Law) and the William S. Richardson School of Law, University of Hawaii-Manoa (Administrative Law). Professor Mergen has written about federal water rights in “A Misplaced Sensitivity: The Draft Opinions in Wyoming v. United States” (68 Colo. L. Rev. 683 (1997), with Sylvia F. Liu); energy development on public lands in “Surface Tension: The Problem of Federal Private Split Estates” (33 Land & Water L. Rev. 419 (1998)); climate change and the Endangered Species Act in “The Role of Climate Change in ESA Listing Decisions” (53 Rocky Mt. Min. L. Fdn. 67 (2016), with Murray Feldman) and the accommodation of Native American sacred sites on federal land in “Finding the Path Forward for Indigenous Sacred and Cultural Spaces on Federal Public Land,” 68 Nat. Resources & Energy L. Inst. 32-1 (2022). Professor Mergen is a graduate of the University of Wisconsin—Madison and the George Washington University Law School.
Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Robert V. Percival is the Robert F. Stanton Professor of Law and the Director of the Environmental Law Program at the University of Maryland School of Law. He received a B.A. summa cum laude from Macalester College, a J.D. from Stanford Law School and an M.A. in economics from Stanford University. At Stanford Percival was named the Nathan Abbott Scholar for graduating first in his law school class. Following graduation, he served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. He joined the Maryland faculty in 1987 after serving as a senior attorney for the Environmental Defense Fund. Percival has served as a visiting professor of law at Harvard Law School, Georgetown University Law Center, the China University of Political Science and Law (Beijing), and Comenius University (Bratislava). He is the principal author of a leading environmental law casebook, now in its 9th edition, and the author of several articles about the Supreme Court and presidential authority over executive agencies. Percival wrote one of the first articles on the propriety of consent decrees to effectuate and enforce federal law “The Bounds of Consent: Consent Decrees, Settlements and Federal Environmental Policymaking,” 1987 Univ. Chic. Leg. F. 327 (1987). He also is the author of the first comprehensive analyses of what the papers of the late Justices Thurgood Marshall and Harry Blackmun reveal about the Supreme Court’s handling of environmental cases (“Environmental Law in the Supreme Court: Highlights from the Blackmun Papers,” 35 ELR 10637 (2005), and “Environmental Law in the Supreme Court: Highlights from the Marshall Papers,” 13 ELR 10606 (Oct. 1993)).
Former Deputy Attorney General for Virginia
Kennerly Davis has over forty years of experience in corporate management, public service, and the private practice of law. He has held senior executive positions in a Fortune 500 electric and gas company. He has served as Deputy Attorney General for the Commonwealth of Virginia, and as a legislative aide to a U.S. Senator and a U.S. Congressman. He practiced law for 25 years with Hunton Andrews Kurth LLP.
Davis is active in the Federalist Society as a member of the Regulatory Process Working Group of the Regulatory Transparency Project, and as a member of the Execuitve Committee of the Administrative Law and Regulation Practice Group. He is active in the national Alumni Free Speech Alliance, and involved in AFSA-chapter initiatives, including litigation, to publicize and correct the serious legal problems created by university Diversity, Equity, and Inclusion programs and the anonymous bias reporting systems used to enforce those DEI programs.
Davis writes and speaks on a wide variety of topics, including those related to the Founding of America, the natural rights foundation of our Republic, the constitutional rule of law, equal protection and free speech, DEI programs and bias reporting systems, capitalism, regulation and regulatory reform, and economic development. His articles have appeared in The Wall Street Journal, the Washington Examiner, the Richmond Times-Dispatch, The Federalist Society Review, the FedSoc Blog, Real Clear Energy, Townhall, the Daily Caller, reports of the Center for Strategic & International Studies, and other publications. He appears frequently on radio, podcasts, and television.
Davis graduated with honors from Cornell University with an A.B. degree in Government. He earned an M.A. degree from Pembroke College, Oxford, in Philosophy, Politics, and Economics. He was awarded a J.D. degree from Harvard Law School, and an M.B.A. degree from Virginia Commonwealth University.
Davis lives in Richmond, Virginia. He can be contacted by email: [email protected], and by phone: (804) 624-8525.
Senior Counsel, Committee on Oversight and Accountability, U.S. House of Representatives
Daniel Flores is a Senior Counsel on the Republican staff of the Committee on Oversight and Accountability, U.S. House of Representatives. Prior to his current position, he served in the House as Chief Counsel for the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Before coming to the House, he served as an Acting Associate Deputy General Counsel for the U.S. Environmental Protection Agency and in other roles in EPA's Office of General Counsel, as a Senior Trial Attorney for the U.S. Department of Justice, Environment and Natural Resources Division, and as an attorney in private practice in Washington, D.C. He serves as a House liaison to the Administrative Conference of the United States and has served on the Council of the American Bar Association’s Section on Administrative Law & Regulatory Practice
Founder & CEO, Norm AI
John Nay is the founder of Norm Ai after a decade of research at the intersection of AI & Law, most recently at Stanford. He was also the founding CEO of Brooklyn Investment Group, an AI-powered investment software platform and SEC Registered Investment Adviser, where he is now Chairman.
Segal Family Professor of Regulatory Law and Policy, New York University School of Law
Catherine Sharkey is the Segal Family Professor of Regulatory Law and Policy at NYU School of Law. She is a leading authority on torts, products liability, artificial intelligence in federal administrative agencies, public nuisance, punitive damages, and federal preemption of state tort law. She is a Senior Fellow of the Administrative Conference of the United States (ACUS), a member of its Roundtable on Artificial Intelligence in Federal Agencies, author of Algorithmic Tools in Retrospective Review (2023) and co-author of Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies (2020). Sharkey is co-author of Cases and Materials on Torts (13th edition, 2024) and Business, Defamation, and Privacy Torts (1st ed., forthcoming 2025), and co-editor of Foundations of Tort Law (2nd edition, 2009). She is an elected member of the American Law Institute and an adviser to the Restatement Third, Torts: Liability for Economic Harm and Restatement Third, Torts: Remedies projects.
Former Deputy Attorney General for Virginia
Kennerly Davis has over forty years of experience in corporate management, public service, and the private practice of law. He has held senior executive positions in a Fortune 500 electric and gas company. He has served as Deputy Attorney General for the Commonwealth of Virginia, and as a legislative aide to a U.S. Senator and a U.S. Congressman. He practiced law for 25 years with Hunton Andrews Kurth LLP.
Davis is active in the Federalist Society as a member of the Regulatory Process Working Group of the Regulatory Transparency Project, and as a member of the Execuitve Committee of the Administrative Law and Regulation Practice Group. He is active in the national Alumni Free Speech Alliance, and involved in AFSA-chapter initiatives, including litigation, to publicize and correct the serious legal problems created by university Diversity, Equity, and Inclusion programs and the anonymous bias reporting systems used to enforce those DEI programs.
Davis writes and speaks on a wide variety of topics, including those related to the Founding of America, the natural rights foundation of our Republic, the constitutional rule of law, equal protection and free speech, DEI programs and bias reporting systems, capitalism, regulation and regulatory reform, and economic development. His articles have appeared in The Wall Street Journal, the Washington Examiner, the Richmond Times-Dispatch, The Federalist Society Review, the FedSoc Blog, Real Clear Energy, Townhall, the Daily Caller, reports of the Center for Strategic & International Studies, and other publications. He appears frequently on radio, podcasts, and television.
Davis graduated with honors from Cornell University with an A.B. degree in Government. He earned an M.A. degree from Pembroke College, Oxford, in Philosophy, Politics, and Economics. He was awarded a J.D. degree from Harvard Law School, and an M.B.A. degree from Virginia Commonwealth University.
Davis lives in Richmond, Virginia. He can be contacted by email: [email protected], and by phone: (804) 624-8525.
Senior Counsel, Committee on Oversight and Accountability, U.S. House of Representatives
Daniel Flores is a Senior Counsel on the Republican staff of the Committee on Oversight and Accountability, U.S. House of Representatives. Prior to his current position, he served in the House as Chief Counsel for the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Before coming to the House, he served as an Acting Associate Deputy General Counsel for the U.S. Environmental Protection Agency and in other roles in EPA's Office of General Counsel, as a Senior Trial Attorney for the U.S. Department of Justice, Environment and Natural Resources Division, and as an attorney in private practice in Washington, D.C. He serves as a House liaison to the Administrative Conference of the United States and has served on the Council of the American Bar Association’s Section on Administrative Law & Regulatory Practice
Founder & CEO, Norm AI
John Nay is the founder of Norm Ai after a decade of research at the intersection of AI & Law, most recently at Stanford. He was also the founding CEO of Brooklyn Investment Group, an AI-powered investment software platform and SEC Registered Investment Adviser, where he is now Chairman.
Segal Family Professor of Regulatory Law and Policy, New York University School of Law
Catherine Sharkey is the Segal Family Professor of Regulatory Law and Policy at NYU School of Law. She is a leading authority on torts, products liability, artificial intelligence in federal administrative agencies, public nuisance, punitive damages, and federal preemption of state tort law. She is a Senior Fellow of the Administrative Conference of the United States (ACUS), a member of its Roundtable on Artificial Intelligence in Federal Agencies, author of Algorithmic Tools in Retrospective Review (2023) and co-author of Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies (2020). Sharkey is co-author of Cases and Materials on Torts (13th edition, 2024) and Business, Defamation, and Privacy Torts (1st ed., forthcoming 2025), and co-editor of Foundations of Tort Law (2nd edition, 2009). She is an elected member of the American Law Institute and an adviser to the Restatement Third, Torts: Liability for Economic Harm and Restatement Third, Torts: Remedies projects.
Dwight D. Opperman Professor of Law; Director, Center for Labor, New York University School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Prof. Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Prof. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Dwight D. Opperman Professor of Law Director, Center for Labor and Employment Law Co-Director, Institute of Judicial Administration, NYU School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Dwight D. Opperman Professor of Law Director, Center for Labor and Employment Law Co-Director, Institute of Judicial Administration, NYU School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Emmett Visiting Assistant Clinical Professor of Law in Environmental Law, Harvard Law School
Andrew Mergen is a Visiting Assistant Clinical Professor of Law and Faculty Director of the Emmett Environmental Law & Policy Clinic. Prior to joining the Harvard Law School faculty, Andrew Mergen served in the Appellate Section of the Environment & Natural Resources Division (ENRD) at the United States Department of Justice. Professor Mergen began his career at the Justice Department in the Honors Program and concluded his career as Chief of ENRD’s Appellate Section. He has presented oral arguments in all 13 federal courts of appeals, including two en banc courts, and before several state intermediate and supreme courts. He has also worked on over a dozen merits cases in the Supreme Court of the United States. In addition, in 2009, Professor Mergen assisted the Office of White House Counsel on the confirmation of the Honorable Sonia Sotomayor as Associate Justice of the Supreme Court. During his career at the Justice Department, Professor Mergen received the Attorney General’s Award for Distinguished Service three times. He also received ENRD’s Muskee-Chafee Award, honoring his work’s significant contribution to protecting the environment.
Before entering clinical teaching, Professor Mergen taught at several law schools including, Harvard Law School (Advanced Environmental Law), the University of Michigan Law School (Natural Resources Law) and the William S. Richardson School of Law, University of Hawaii-Manoa (Administrative Law). Professor Mergen has written about federal water rights in “A Misplaced Sensitivity: The Draft Opinions in Wyoming v. United States” (68 Colo. L. Rev. 683 (1997), with Sylvia F. Liu); energy development on public lands in “Surface Tension: The Problem of Federal Private Split Estates” (33 Land & Water L. Rev. 419 (1998)); climate change and the Endangered Species Act in “The Role of Climate Change in ESA Listing Decisions” (53 Rocky Mt. Min. L. Fdn. 67 (2016), with Murray Feldman) and the accommodation of Native American sacred sites on federal land in “Finding the Path Forward for Indigenous Sacred and Cultural Spaces on Federal Public Land,” 68 Nat. Resources & Energy L. Inst. 32-1 (2022). Professor Mergen is a graduate of the University of Wisconsin—Madison and the George Washington University Law School.
Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Robert V. Percival is the Robert F. Stanton Professor of Law and the Director of the Environmental Law Program at the University of Maryland School of Law. He received a B.A. summa cum laude from Macalester College, a J.D. from Stanford Law School and an M.A. in economics from Stanford University. At Stanford Percival was named the Nathan Abbott Scholar for graduating first in his law school class. Following graduation, he served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. He joined the Maryland faculty in 1987 after serving as a senior attorney for the Environmental Defense Fund. Percival has served as a visiting professor of law at Harvard Law School, Georgetown University Law Center, the China University of Political Science and Law (Beijing), and Comenius University (Bratislava). He is the principal author of a leading environmental law casebook, now in its 9th edition, and the author of several articles about the Supreme Court and presidential authority over executive agencies. Percival wrote one of the first articles on the propriety of consent decrees to effectuate and enforce federal law “The Bounds of Consent: Consent Decrees, Settlements and Federal Environmental Policymaking,” 1987 Univ. Chic. Leg. F. 327 (1987). He also is the author of the first comprehensive analyses of what the papers of the late Justices Thurgood Marshall and Harry Blackmun reveal about the Supreme Court’s handling of environmental cases (“Environmental Law in the Supreme Court: Highlights from the Blackmun Papers,” 35 ELR 10637 (2005), and “Environmental Law in the Supreme Court: Highlights from the Marshall Papers,” 13 ELR 10606 (Oct. 1993)).
Former Deputy Attorney General for Virginia
Kennerly Davis has over forty years of experience in corporate management, public service, and the private practice of law. He has held senior executive positions in a Fortune 500 electric and gas company. He has served as Deputy Attorney General for the Commonwealth of Virginia, and as a legislative aide to a U.S. Senator and a U.S. Congressman. He practiced law for 25 years with Hunton Andrews Kurth LLP.
Davis is active in the Federalist Society as a member of the Regulatory Process Working Group of the Regulatory Transparency Project, and as a member of the Execuitve Committee of the Administrative Law and Regulation Practice Group. He is active in the national Alumni Free Speech Alliance, and involved in AFSA-chapter initiatives, including litigation, to publicize and correct the serious legal problems created by university Diversity, Equity, and Inclusion programs and the anonymous bias reporting systems used to enforce those DEI programs.
Davis writes and speaks on a wide variety of topics, including those related to the Founding of America, the natural rights foundation of our Republic, the constitutional rule of law, equal protection and free speech, DEI programs and bias reporting systems, capitalism, regulation and regulatory reform, and economic development. His articles have appeared in The Wall Street Journal, the Washington Examiner, the Richmond Times-Dispatch, The Federalist Society Review, the FedSoc Blog, Real Clear Energy, Townhall, the Daily Caller, reports of the Center for Strategic & International Studies, and other publications. He appears frequently on radio, podcasts, and television.
Davis graduated with honors from Cornell University with an A.B. degree in Government. He earned an M.A. degree from Pembroke College, Oxford, in Philosophy, Politics, and Economics. He was awarded a J.D. degree from Harvard Law School, and an M.B.A. degree from Virginia Commonwealth University.
Davis lives in Richmond, Virginia. He can be contacted by email: [email protected], and by phone: (804) 624-8525.
Senior Counsel, Committee on Oversight and Accountability, U.S. House of Representatives
Daniel Flores is a Senior Counsel on the Republican staff of the Committee on Oversight and Accountability, U.S. House of Representatives. Prior to his current position, he served in the House as Chief Counsel for the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Before coming to the House, he served as an Acting Associate Deputy General Counsel for the U.S. Environmental Protection Agency and in other roles in EPA's Office of General Counsel, as a Senior Trial Attorney for the U.S. Department of Justice, Environment and Natural Resources Division, and as an attorney in private practice in Washington, D.C. He serves as a House liaison to the Administrative Conference of the United States and has served on the Council of the American Bar Association’s Section on Administrative Law & Regulatory Practice
Founder & CEO, Norm AI
John Nay is the founder of Norm Ai after a decade of research at the intersection of AI & Law, most recently at Stanford. He was also the founding CEO of Brooklyn Investment Group, an AI-powered investment software platform and SEC Registered Investment Adviser, where he is now Chairman.
Segal Family Professor of Regulatory Law and Policy, New York University School of Law
Catherine Sharkey is the Segal Family Professor of Regulatory Law and Policy at NYU School of Law. She is a leading authority on torts, products liability, artificial intelligence in federal administrative agencies, public nuisance, punitive damages, and federal preemption of state tort law. She is a Senior Fellow of the Administrative Conference of the United States (ACUS), a member of its Roundtable on Artificial Intelligence in Federal Agencies, author of Algorithmic Tools in Retrospective Review (2023) and co-author of Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies (2020). Sharkey is co-author of Cases and Materials on Torts (13th edition, 2024) and Business, Defamation, and Privacy Torts (1st ed., forthcoming 2025), and co-editor of Foundations of Tort Law (2nd edition, 2009). She is an elected member of the American Law Institute and an adviser to the Restatement Third, Torts: Liability for Economic Harm and Restatement Third, Torts: Remedies projects.
Dwight D. Opperman Professor of Law Director, Center for Labor and Employment Law Co-Director, Institute of Judicial Administration, NYU School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Senior Director, Liberty & National Security Program, Brennan Center for Justice at New York University Law School
Elizabeth (Liza) Goitein is senior director of the Brennan Center for Justice’s Liberty & National Security Program.
Goitein is a nationally-recognized expert on presidential emergency powers, government surveillance, and government secrecy. Her writing has been featured in major newspapers and magazines including the New York Times, Washington Post, Wall Street Journal, USA Today, Los Angeles Times, The Atlantic Magazine, and The New Republic, and she has appeared frequently on MSNBC, CNN, and NPR. She has testified on several occasions before the Senate and House Judiciary Committees.
Before coming to the Brennan Center, Goitein served as counsel to Senator Russ Feingold, chairman of the Constitution Subcommittee of the Senate Judiciary Committee, and as a trial attorney in the Federal Programs Branch of the Civil Division of the Department of Justice. Goitein graduated from Yale Law School and clerked for the Honorable Michael Daly Hawkins on the U.S. Court of Appeals for the Ninth Circuit. In 2021–22, she was a member of the inaugural class of Senior Practitioner Fellows at the University of Chicago’s Center for Effective Government.
Chief Legal + Administrative Officer, Waystar Health
Matthew R. A. Heiman leads all legal and corporate governance matters for Waystar. Over the last two decades, he has worked in corporate and government sectors, gaining deep experience in the areas of corporate governance, litigation, risk management, security, and compliance.
Most recently, Matthew was Vice President, Corporate Secretary & Associate General Counsel at Johnson Controls where he helped establish a new corporate secretary department and led the integration of legal departments following the company’s merger with Tyco International. Prior to its merger with Johnson Controls, Matthew held a number of positions with Tyco International including Vice President, Chief Compliance & Audit Officer. Before Tyco, Matthew was a lawyer with the National Security Division at the U.S Department of Justice. He was a legal advisor to the Coalition Provisional Authority in Baghdad, Iraq and practiced as a trial lawyer with the law firm of McGuireWoods.
Matthew holds a BA and JD from Indiana University and is a member of the International Institute for Strategic Studies. He is a Senior Fellow at George Mason University’s National Security Institute.
Founder and Executive Director, National Security Institute; Assistant Professor of Law, Antonin Scalia Law School, George Mason University
Jamil N. Jaffer is the Founder and Executive Director of the National Security Institute at the Antonin Scalia Law School at George Mason University where he also serves as an Assistant Professor of Law, Director of the National Security Law and Policy Program, and Director of the Cyber, Intelligence, and National Security LLM Program. Jamil also teaches classes on counterterrorism, intelligence, surveillance, cybersecurity, and other national security matters, as well as a summer course held abroad with U.S. Supreme Court Justice Neil M. Gorsuch. Jamil is also affiliated with Stanford University’s Center for International Security and Cooperation and previously served as a Visiting Fellow at the Hoover Institution from 2016 to 2019.
Jamil is also a Venture Partner with Paladin Capital Group, where he assists the firm with investments across the full range of its themes and theses, including a focus on dual-use national security technologies. Jamil also serves on the board of directors of RangeForce, a cybersecurity training and readiness platform startup and Tozny, a digital identity startup, and on the advisory boards of U.S. Strategic Metals, North America’s largest primary producer of cobalt, a critical mineral used in EV batteries, aerospace, and other national security applications; and Constella Intelligence, a deep and dark web intelligence startup. Jamil also serves as an advisor to Beacon Global Strategies, a strategic advisory firm and Duco, a technology platform startup that connects corporations with geopolitical and international business experts. Jamil is also the managing director of Trigraph Caveat Capital, a private investment vehicle.
Among other things, Jamil currently serves on the Board of Directors for the Greater Washington Board of Trade, the Board of Advisors for the Global Cyber Alliance, and the Advisory Board of the Foundation for the Defense of Democracies’ Center on Cyber and Tech Innovation, the Executive Committee of the Reagan Institute Strategy Group. Jamil is also a Fellow at the Academy for Judaic, Christian, and Islamic Studies, an advisor to the Concordia Summit, and is a member of the Board of Directors for the Center for Intelligence Policy, the Board of Directors of Speech First, and the Executive Committee of the International Law and National Security Practice Group of the Federalist Society.
Immediately prior to his current positions, from 2015-2021, Jamil served as a senior business leader at IronNet Cybersecurity, helping take the company from a bootstrapped first-year technology products startup through two rounds of venture capital fundraising, growing from 40 employees to over 300, and through its listing on New York Stock Exchange. In his role as IronNet's Senior Vice President for Strategy, Partnerships & Corporate Development, Jamil worked directly for the co-CEOs of the company, Gen (ret.) Keith B. Alexander, the former Director of the National Security Agency and Founding Commander of U.S. Cyber Command, and Bill Welch, the former COO of Zscaler and Duo; in that role, Jamil led all of the company’s strategic and technology partnership efforts, including developing go-to-market and technology integration plans with some of the largest cloud platforms and cybersecurity companies in the market, evaluating potential acquisition targets, and developing overall corporate strategy and thought leadership around collective security and collaborative defense in the cyber arena.
Prior to his time at IronNet, Jamil served on the leadership team of the Senate Foreign Relations Committee as Chief Counsel and Senior Advisor under Chairman Bob Corker (R-TN), where he worked on key national security and foreign policy issues, including leading the drafting of the proposed Authorization for the Use of Military Force against ISIS in 2014 and 2015, the AUMF against Syria in 2013, and revisions to the 9/11 AUMF against al Qaeda. Jamil was also the lead architect of the Iran Nuclear Agreement Review Act and two sanctions laws against Russia for its first intervention in Ukraine.
Prior to joining SFRC, Jamil served as Senior Counsel to the House Permanent Select Committee on Intelligence under Chairman Mike Rogers (R-MI) where he led the committee’s oversight of NSA surveillance, NRO intelligence issues, and NGA analytic and collection matters, as well as intelligence community-wide counterterrorism issues. Jamil was also the lead architect of the Cyber Intelligence Sharing and Protection Act, the nation’s first cyber threat intelligence sharing legislation that was signed into law in 2015.
In the Bush Administration, Jamil served in the White House as an Associate Counsel to the President, handling Defense Department, State Department, and intelligence community matters, and serving as one of the White House Counsel’s primary representatives to the National Security Council Deputies Committee.
Prior to the White House, Jamil served on the leadership team of the Justice Department’s National Security Division as Counsel to the Assistant Attorney General for National Security, where he focused on counterterrorism and intelligence matters. At NSD, Jamil helped lead the division’s work on In re: Directives, the first ever two-party litigated matter in the FISA Court and the second case before the FISA Court of Review in its 30-year history. Jamil also led NSD’s efforts on the President’s Comprehensive National Cybersecurity Initiative (CNCI), including the drafting of NSPD-54/HSPD-23, and related classified matters, and advised the National Security Agency (NSA) and U.S. Cyber Command’s predecessor organization, the Joint Function Component Command for Network Warfare (JFCC-NW), on matters related to cyber intelligence collection and offensive cyber activities. For his work on these matters, Jamil was awarded the Assistant Attorney General’s Award for Special Initiative and was among the group of lawyers awarded the Director of National Intelligence’s 2008 Legal Award (Team of the Year – Cyber Legal).
Jamil also served in other positions in the Justice Department, including in the Office of Legal Policy, where he worked on the confirmations of Chief Justice John G. Roberts, Jr. and Justice Samuel A. Alito, Jr. to the United States Supreme Court.
Jamil also served as a lawyer in private practice at Kellogg Huber, a Washington, DC-based litigation boutique, as a policy advisor to Congressman Bob Goodlatte (R-VA), and as a staff member or senior advisor on a number of political campaigns, including two presidential campaigns and a presidential transition team. While in law school, Jamil was a member of the University of Chicago Law Review, managing editor of the Chicago Journal of International Law, and National Symposium Editor of the Harvard Journal of Law & Public Policy. Following law school, Jamil served as a law clerk to Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit and, later in his career, as a law clerk to then-Judge Neil M. Gorsuch when he first joined the United States Court of Appeals for the Tenth Circuit as well as a law clerk to Justice Neil Gorsuch when he joined the U.S. Supreme Court.
Jamil has published multiple op-eds and academic articles on national security, foreign policy, cybersecurity, counterterrorism, encryption, and intelligence matters, and is the co-author of a book chapter with former NSA Director Gen. (Ret.) Keith B. Alexander on national security and the press in National Security, Leaks, and the Freedom of the Press: The Pentagon Papers Fifty Years On (2021) and a book chapter with former CIA Director Gen. (ret.) Mike Hayden on ISIS, al Qaeda, and other international terrorist groups in Choosing to Lead: American Foreign Policy for a Disordered World (2015). Jamil has also written book chapters on cybersecurity and surveillance, as well as op-eds and policy papers with former Attorney General Michael B. Mukasey, former National Counterterrorism Center Director Matt Olsen, and Congressman Mike Waltz (R-FL), among others.
Jamil has previously taught graduate-level courses in intelligence law and policy at George Washington University’s Elliott School of International Affairs and the National Intelligence University, served an outside advisor to the Cyberspace Solarium Commission, and has recently testified before committees of the U.S. Senate and House of Representatives on China, cybersecurity, counterterrorism, and other national security matters. Jamil has also recently appeared on a range of national television and radio outlets including CNN, Fox News, Fox Business, MSNBC, Bloomberg, PBS, Voice of America, and National Public Radio, and in various print and online publications, including the Wall Street Journal, New York Times, and the Washington Post on a range of national security matters including cybersecurity, counterterrorism, surveillance, encryption, privacy, and foreign policy issues.
Jamil holds degrees from UCLA (BA, cum laude), the University of Chicago Law School (JD, with honors), and the United States Naval War College (MA, with distinction).
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