Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Fellow, College of Public Interest Law, Pacific Legal Foundation
Mr. Middleton joined the Pacific Legal Foundation as a Fellow in the College of Public Interest Law in 2007. His practice mainly focuses on environmental law, and he has authored briefs in important Clean Water Act and Endangered Species Act cases. He is also authoring an article on injunctive relief under the Endangered Species Act.
Mr. Middleton is a member of the state bar of California and is admitted to the United States Court of Appeals for the Ninth Circuit and the United States District Court for the Northern District of California. He grew up in Cincinnati, Ohio, and attended Saint Louis University and The Ohio State University Moritz College of Law.
Judge, United States Court of Appeals, Seventh Circuit
Michael B. Brennan was confirmed and sworn in as a Circuit Judge for the U.S. Court of Appeals for the Seventh Circuit in May 2018.
He previously worked as a partner in the Milwaukee law firm of Gass Weber Mullins LLC, where he tried cases and handled appeals in federal and state courts, as a judge on the Milwaukee County Circuit, where he presided over a variety of criminal and civil calendars, and as an assistant district attorney in the Milwaukee County District Attorney’s office.
Brennan’s undergraduate degree is from the University of Notre Dame, and his law degree from Northwestern University School of Law, where he was an editor on the law review and the moot court champion. He served as a law clerk on the U.S. District Court for the Eastern District of Wisconsin and the U.S. Court of Appeals for the Seventh Circuit.
Partner and Co-Chair, Constitutional and Appellate Law Practice Group, Gibson, Dunn & Crutcher LLP
Allyson N. Ho is a partner in the Dallas office of Gibson, Dunn & Crutcher LLP and co‐chair of the Firm’s nationwide Appellate and Constitutional Law practice group.
Mrs. Ho is “undoubtedly one of the premier appellate lawyers in the United States” (Chambers). She has presented over 100 oral arguments in federal and state courts nationwide, including multiple high‐stakes cases on behalf of business before the U.S. Supreme Court.
Her most significant winning arguments include a U.S. Supreme Court reversal worth billions of dollars for unionized employers in the Sixth Circuit; a U.S. Supreme Court reversal limiting the power of federal regulators; a multi‐billion dollar environmental win in the Fifth Circuit; a multi‐billion dollar commercial victory for the founder of a technology company in the Appellate Division of the New York Supreme Court; a billion dollar environmental win in the Houston Court of Appeals; a nine‐figure commercial victory in the Corpus Christi Court of Appeals; and a nine‐figure arbitration win in the Fifth Circuit.
Among her numerous accolades, Mrs. Ho is one of only a small group of appellate lawyers nationwide, and the only one in Texas, to be nationally ranked by Chambers every year for the past ten years (2012‐21). She is also one of the few appellate lawyers nationwide to be named to the BTI Client Service All‐Stars List, an honor bestowed by the corporate counsel community for lawyers “who stand above all the others in delivering the absolute best in client service.” She is also routinely named as a leading appellate lawyer by Benchmark, The Best Lawyers in America®, The Legal 500, Texas Super Lawyers, and D Magazine.
Mrs. Ho has received the Gregory S. Coleman Outstanding Appellate Lawyer Award (Texas Bar Foundation, June 22, 2018), been named a “Distinguished Leader” (Texas Lawyer, Sep. 1, 2017) and “Appellate MVP” (Law360, Nov. 23, 2015), and been recognized on the “Appellate Hot List” (National Law Journal, Nov. 16, 2015). In addition, she has been profiled in “Texas Powerhouse” (Law360, Aug. 2, 2021), “Texas Appellate Power Couple” (Texas Lawbook, January 7, 2021), “Litigators of the Week” (The American Lawyer, May 8, 2020), “Litigation Powerhouse” (Law360, Aug. 10, 2016), “Supreme Court Insider” (National Law Journal, July 21, 2016), “Supreme Court Specialists, Mostly Male, Dominated Arguments This Term” (National Law Journal, May 11, 2016), “Attorney of the Year Finalist” (Texas Lawyer, Nov. 2, 2015), “Litigation Department of the Year” (Texas Lawyer, June 1, 2015), “Employment Group of the Year” (Law360, Jan. 13, 2015), “A Supreme Month: Lawyer Credits Preparedness in Ability to Argue Two U.S. High Court Cases in Three Weeks” (Texas Lawyer, Dec. 8, 2014), “High Court Debuts for Two Lawyers” (National Law Journal, Nov. 3, 2014), “Women in Business Awards” (Dallas Business Journal, Aug 29, 2014), “Litigation Departments of the Year” (Texas Lawyer, June 2, 2014), “Winning Women” (Texas Lawyer, Aug. 22, 2011), and “High court practitioners: increasingly diverse” (National Law Journal, June 6, 2011).
Federal and State Appellate Practice
Mrs. Ho has argued a series of high stakes, landmark cases on behalf of the business community before the U.S. Supreme Court. National Law Journal called her a “Veteran SCOTUS Advocate” in the “upper echelons of Supreme Court practice.” Law360 named her a “Supreme Court Star” and “one of the nation’s preeminent appellate lawyers.” And EmpiricalSCOTUS.com ranked her among “the most successful attorneys that currently practice before the Court.” Mrs. Ho once argued two significant business cases before the Court within the span of 21 days—including a “significant ruling for employers” that “paved a new path for companies paying millions of dollars in retiree health care benefits” (Law360), as well as a landmark administrative law dispute in which “several justices agreed with Ho’s contention that SCOTUS should revisit and overrule its own precedent” (Law360). She also prevailed against the EEOC in a case that the employment defense bar called “good news for employers across the country.” And in “the most important patent case in modern history” according to patent law experts, her argument before the Court was credited for “pick[ing] up two votes that pundits thought unreachable.”
She has appeared before every federal court of appeals in the country, including en banc arguments before the Fourth and Sixth Circuits. She has successfully represented business clients in every circuit, including the First (Pruco Life Insurance Company), Second (Swiss Federation; Rite Aid), Third (Johnson & Johnson), Fourth (Genex Services), Fifth (United Space Alliance LLC; Elliott Co.; MERSCORP; 24 Hour Fitness USA, Inc.; Stream Energy; Health Management Systems), Sixth (Deutsche Bank; American Airlines; M&G Polymers), Seventh (Expedia), Eighth (Cotter), Ninth (Boeing; JP Morgan Chase Bank), Tenth (Mitchell International), Eleventh (AstraZeneca), D.C. (FedEx), and Federal (Repros Therapeutics) Circuits.
In addition, Mrs. Ho regularly appears in state appellate courts across the country. She has argued numerous cases in the Texas Supreme Court, Texas appellate courts in Dallas, Houston, San Antonio, Corpus Christi, and Eastland, and state appellate courts in Arizona, Michigan, New York, Ohio, Oklahoma, and West Virginia, prevailing on behalf of Ford Motor Company, PepsiCo, International Paper, Tenet, GameStop, Deutsche Bank, and Unit.
Government and Public Service Experience
Mrs. Ho has a distinguished record of experience at the highest levels of the federal government. She served as Special Assistant to President George W. Bush, Counselor to Attorney General John Ashcroft, and law clerk to Justice Sandra Day O’Connor of the U.S. Supreme Court and Judge Jacques L. Wiener Jr. of the U.S. Court of Appeals for the Fifth Circuit.
Her record of public service also includes appointments to various boards and commissions. Among the most notable are her election as a member of the Administrative Conference of the United States, a trustee of the United States Supreme Court Historical Society, and a trustee of the Texas Supreme Court Historical Society. She is also vice chair of the Federal Judicial Evaluation Committee, appointed by U.S. Senators John Cornyn and Ted Cruz to evaluate potential appointments of all federal judges and U.S. Attorneys in Texas, and has previously served on the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas.
Other Background Information
An active pro bono litigator, Mrs. Ho works most frequently with the First Liberty Institute and as amicus counsel for the State and Local Legal Center, the National Organization for Victim Assistance, and the National Crime Victim Law Institute. She is a frequent public speaker and active member of the Federalist Society, the American Law Institute, and the Washington Legal Foundation’s Legal Policy Advisory Board.
Mrs. Ho graduated from Duke University magna cum laude with a B.A. in English, Rice University with an M.A. and Ph.D. in English Literature, and the University of Chicago Law School with high honors. She was a member of the Law Review and Order of the Coif. She and her husband Jim, a federal judge, have a twin daughter and son.
Andrew P. Morriss is Dean and Anthony G. Buzbee Dean's Endowed Chairholder at Texas A&M School of Law and a member of the Board of Advisors for the Center on Culture and Civil Society at the Independent Institute. He is also a Research Fellow at the Center for Labor and Employment Law at New York University; Senior Fellow at the Property & Environment Research Center; Senior Scholar at the Mercatus Center at George Mason University; and a regular Visiting Professor at Universidad Francisco Marroquín, in Guatemala. Prior to coming to the University of Illinois, he served as Galen J. Roush Professor of Business Law and Regulation at Case Western Reserve University.
He received his A.B. degree from Princeton University, his J.D. and a masters degree in public affairs from the University of Texas at Austin, and his Ph.D. (economics) from the Massachusetts Institute of Technology. After law school he clerked for U.S. District Judge Barefoot Sanders in the Northern District of Texas and worked for two years at Texas Rural Legal Aid in Hereford and Plainview, Texas.
Professor Morriss is the author or coauthor of more than forty book chapters and scholarly articles, and he is the co-editor of Cross-Border Human Resources, Labor and Employment Issues: Proceedings of the New York University 54th Annual Conference on Labor (with Samuel Estreicher); Property Stories (with Gerald Korngold); and The Common Law and the Environment (with Roger Meiners). He is the author of the book, Regulation by Litigation (with Bruce Yandle and Andrew Dorchak), and he also regularly writes for The Freeman: Ideas on Liberty and Books & Culture: A Christian Review.
Professor Morriss was recently named one of the Reporters for the Restatement of Employment Law by the American Law Institute (ALI), Senior Fellow for the Institute for Energy Research, and a Reporter for the Restatement of Employment Law by the American Law Institute.
Of Counsel, Ellis George LLP
Christopher Landau is Of Counsel in the firm’s new Washington, D.C. office. Chris most recently served as United States Ambassador to Mexico from 2019 to 2021. He has a diverse array of experience both inside the courtroom, at every stage of litigation, and outside of the courtroom, in navigating and solving multidimensional challenges. He focuses on complex litigation, developing sophisticated legal strategies and unique solutions.
As Ambassador to Mexico, Chris presided over the United States’ largest diplomatic mission and fostered unprecedented bilateral cooperation that yielded results including the ratification and entry into force of the U.S.-Mexico-Canada Free Trade Agreement, protection of border commerce and regional supply chains during the pandemic, and the lowest levels of illegal migration in years.
Prior to his diplomatic service, Chris practiced law for three decades at two renowned national law firms. He has briefed and argued cases involving a wide range of issues at every phase of litigation, as well as in the U.S. Supreme Court and all of the federal courts of appeals.
A graduate of Harvard College and Harvard Law School, Chris clerked twice at the Supreme Court, first for Justice Antonin Scalia and then for Justice Clarence Thomas. He is fluent in Spanish and proficient in French.
Associate Dean for Research and Intellectual Life, McKnight Presidential Professor in Law, Distinguished McKnight University Professor, Harlan Albert Rogers Professor in Law, Associate Director, Corporate Institute, University of Minnesota Law School
Professor Kristin E. Hickman is the McKnight Presidential Professor in Law, a Distinguished McKnight University Professor, and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School. She also has taught at Harvard Law School and Northwestern University School of Law. Professor Hickman teaches and writes primarily in the areas of administrative law, tax administration, and statutory interpretation. Her articles on these topics have appeared in the Columbia Law Review, Cornell Law Review, Virginia Law Review, Duke Law Journal, and other publications. She also co-authors the Administrative Law Treatise with Richard J. Pierce, Jr., and a casebook on federal administrative law with Pierce and Christopher J. Walker. Her scholarly work has been cited several times in opinions of the United States Supreme Court as well as regularly in lower court judicial opinions and court briefs.
In 2018-19, Professor Hickman served as Special Adviser to the Administrator of the Office of Information and Regulatory Affairs in Washington, D.C. She presently serves as a Senior Fellow, and previously served as a public member and chair of the judicial review committee, for the Administrative Conference of the United States. She also is a Fellow of the American College of Tax Counsel.
Professor Hickman received her B.S. degree in business administration with a concentration in accounting and a secondary major in history from Trinity University in San Antonio, Texas. After practicing for several years as a certified public accountant, Professor Hickman earned her J.D. degree, magna cum laude, from Northwestern University School of Law, where she was awarded the Raoul Berger Prize and the Lowden Wigmore Prize for her scholarly writings. Following law school, Professor Hickman clerked for The Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and practiced law as an associate with the Chicago office of Skadden, Arps, Slate, Meagher & Flom, concentrating on corporate and international tax transactions and matters.
Clinical Professor, Co-Director - Supreme Court Clinic, University of Texas School of Law
Erin Glenn Busby, Co-Director of the Supreme Court Clinic, is an appellate specialist with experience at all levels of the federal and Texas state courts. She has authored briefs in cases involving a wide range of issues, including First Amendment protection of speech, maritime law, class action procedure, contract disputes, administrative law, immigration law, and the federal preemption of state law.
Ms. Busby graduated from Harvard Law School and clerked for Associate Justice Stephen Breyer of the Supreme Court of the United States and Judge Michael Boudin of the Court of Appeals for the First Circuit. Before joining the Supreme Court Clinic, she was an independent appellate specialist and, earlier, an associate at the firms of Sullivan & Cromwell and Bracewell & Giuliani.
Dean and Professor of Law, University of Richmond School of Law
Vice President & Legal Director, National Right To Work Legal Defense Foundation
Raymond J. LaJeunesse, Jr., is Vice President and Legal Director of the National Right to Work Legal Defense Foundation, a non-profit legal aid organization. He was the first Staff Attorney employed by the Foundation and has more than forty-five years of experience helping workers in litigation in federal and state courts and administrative agencies over the abuses of compulsory unionism.
Mr. LaJeunesse has argued four cases in the United States Supreme Court. Those cases include Lehnert v. Ferris Faculty Ass’n, 500 U.S. 507 (1991), which limited the purposes for which compulsory union fees collected from public employees may lawfully be spent; Air Line Pilots Ass’n v. Miller, 523 U.S. 866 (1998), which established that unions cannot compel nonmembers to exhaust union-established remedies before going to court to challenge compulsory union fees; and Marquez v. Screen Actors Guild, 525 U.S. 33 (1998), in which the Court recognized that unions must notify employees that they can satisfy the “membership” requirement of “union shop” agreements by just paying fees for union bargaining activities and need not join and pay full dues to keep their jobs. He also was lead attorney in Hohe v. Casey, 956 F.2d 399 (3d Cir. 1992), in which more than $8.3 million in compulsory agency fees was recovered from the American Federation of State, County and Municipal Employees for a class of 57,000 nonmembers.
Mr. LaJeunesse is the author of several published articles about labor law, has testified before Congressional committees several times, and was an Advisor on the Transition Team for Labor- Related Agencies, Office of the President-Elect, in 1980-81 and a legislative aide to a member of the Virginia state legislature. He is a Vice Chairman of the Federalist Society’s Labor and Employment Law Practice Group and has spoken or debated at the Society’s National Lawyers Convention and at many Lawyers and Student Chapters on such topics as Right to Work laws, compulsory unionism arrangements, the misuse of union dues for politics, union organizing tactics (“card check” vs. secret-ballot elections), and the future of the union movement.
Vice President for Legal Affairs, Goldwater Institute
SCOTUScast 3-3-09 featuring James Burling and Brandon Middleton
James S. Burling, Brandon Middleton
On Monday, January 12, the Supreme Court heard oral argument in Coeur Alaska v. Southeast...
SCOTUScast 2-23-09 featuring Michael Brennan
Michael B. Brennan
On Tuesday, January 13, the Supreme Court announced its decision in Jimenez v. Quarterman. In...
SCOTUScast 2-9-09 featuring Allyson Ho
Allyson Newton Ho
On Wednesday, November 5, the Supreme Court heard oral argument in Negusie v. Mukasey. The...
SCOTUScast 2-8-09 with Andrew Morriss
Andrew P. Morriss
On Monday, December 15, the Supreme Court announced its decision in Altria Group v. Good,...
SCOTUScast 1-30-09 featuring Chris Landau
Christopher B. Landau
On Tuesday, November 4, the Supreme Court heard oral argument in FCC v. Fox Television...
SCOTUScast 1-27-09 featuring Kristin Hickman
Kristin E. Hickman
On Tuesday, November 4, the Supreme Court heard oral argument in United States v. Eurodif....
SCOTUScast 1-27-09 featuring Erin Glenn Busby
Erin Glenn Busby
On Monday, November 3, the Supreme Court heard oral argument in Wyeth v. Levine. The...
SCOTUScast 1-23-09 featuring John Douglass
John Douglass
On Monday, November 10, the Supreme Court heard oral argument in Melendez-Diaz v. Massachusetts. The...
SCOTUScast 1-23-09 featuring Raymond LaJeunesse
Raymond J. LaJeunesse
On Monday, December 1, the Supreme Court heard oral argument in 14 Penn Plaza LLC...
SCOTUScast 1-13-09 featuring Timothy Sandefur
Timothy Sandefur
On Monday, November 3, the Supreme Court heard oral argument in Ysursa v. Pocatello Education...