Associate, Fragomen, Del Rey, Bernsen & Loewy, LLP
Ms. Jones is an associate with the government affairs group, responsible for providing expertise on legislation and regulations that address various immigration matters. Prior to joining Fragomen, Ms. Jones served as Chief Counsel for Constitutional Law, Courts, and Immigration for Senator Arlen Specter (R-PA), Chairman and Ranking Member of the United States Senate Committee on the Judiciary. She was responsible for a broad range of issues, including immigration and border security, oversight of the judiciary, and constitutional law. Prior to her tenure in the United States Senate, Ms. Jones clerked for circuit court judge Lawrence Glazer in Lansing, Michigan and interned with the Center for Constitutional Rights in New York City and at the Michigan Department of Attorney General.
During law school, Ms. Jones served as a teaching assistant for constitutional law and as an Executive member of the Moot Court Board and marketing editor for the Thomas Cooley Law Journal. Ms. Jones is admitted in the District of Columbia (2003).
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Bill Mercer has served as United States Attorney for the District of Montana since April 20, 2001. On the recommendation of Senator Burns, President Bush nominated Mercer for the position and he was confirmed by the United States Senate.
In September of 2006, Mercer was nominated by President Bush as Associate Attorney General. Until his confirmation by the Senate, Mercer will continue to serve as United States Attorney for the District of Montana as well.
From June of 2005 through July 8, 2006, at the request of Attorney General Gonzales, Mercer assumed a dual assignment in Washington, D.C., where he served as Principal Associate Deputy Attorney General.
Mercer, 42, served as an Assistant U.S. Attorney in the District of Montana from August 1994 through April 2001. Before returning to Montana, Mercer was Counselor to the Assistant Attorney General and Senior Policy Analyst in the Office of Policy Development in the U.S. Department of Justice between November 1989 and July 1994.
He is a graduate of the University of Montana. Mercer received a Master of Public Administration from the John F. Kennedy School of Government at Harvard University in 1988. Mercer received his law degree from George Mason University School of Law in 1993.
Between 2001 and 2005, Mercer served on the Attorney General’s Advisory Committee (AGAC), a group of fifteen U.S. Attorneys who advise the Attorney General on policy matters. Attorney General Ashcroft appointed Mercer to Chairman of the AGAC from May 1, 2004, until he was appointed Principal Associate Deputy Attorney General.
Mercer serves on the Advisory Committee on Appellate Rules for the U.S. Court of Appeals for the Ninth Circuit. He also serves on the University of Montana School of Law’s Board of Visitors and the University of Montana President’s Advisory Council. In 2003, Governor Martz appointed Mercer as Chairman of the Montana Board of Crime Control, a position he held for two years.
Partner, Sidley Austin LLP
BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros. He has also handled a variety of civil and appellate cases in federal court.
From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.
Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.
Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.
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.
Associate, Jones Day
Shay Dvoretzky specializes in appellate advocacy, complex motions in trial courts, and legal strategy. He has argued before numerous courts, including the U.S. Courts of Appeals for the Second, Sixth, Eighth, Ninth, Eleventh, and District of Columbia Circuits. He has represented Firm clients in the Supreme Court of the United States and in federal and state courts throughout the country. His practice has spanned a wide range of subject areas, including constitutional law, Title VII, ERISA, LMRA, the NLRA, election law and voting rights, intellectual property, securities fraud, RICO, administrative law, products liability, section 1983 claims, energy law, taxation, bankruptcy, and general commercial litigation.
Shay has particular experience in labor and employment law and employment class actions. For example, he has successfully argued appeals involving the vesting of retiree health benefits and the arbitrability of disputes over such benefits after a collective bargaining agreement expires, see Crown Cork & Seal Co. v. International Association of Machinists and Aerospace Workers, __ F.3d __, 2007 WL 2701208 (8th Cir. Sept. 18, 2007); ERISA's anti-cutback and merger rules, see McCay v. Siemens Corp., 2007 WL 2119827 (11th Cir. July 25, 2007); and the denial of certification of a 3,000-member class, see Love v. Johanns, 439 F.3d 723 (D.C. Cir. 2006).
In addition, Shay maintains an active pro bono practice and has represented indigent individuals in numerous cases. For example, in Turner v. Bagley, 401 F.3d 718 (6th Cir. 2005), which Shay argued before the Sixth Circuit, the court of appeals reversed the district court's judgment and granted Jones Day's client a writ of habeas corpus based on constitutional violations related to his state conviction.
Shay regularly speaks and writes on issues including appellate advocacy, the Supreme Court, and employment law. He also serves as the D.C. Circuit editor for the ABA Appellate Practice Journal, frequently judges moot courts for various organizations, and belongs to the Edward Coke Appellate Inn of Court.
Shay joined Jones Day following clerkships on the U.S. Court of Appeals for the Fourth Circuit and the Supreme Court of the United States. Before law school he worked for several years as a management consultant.
Law Clerk to Hon. J. Michael Luttig, U.S. Court of Appeals, Fourth Circuit (2000-2001) and Law Clerk to Hon. Antonin Scalia, Supreme Court of the United States (2001-2002)
Yale University (Phi Beta Kappa; Distinction in the Political Science Major; James Bennett Prize for Outstanding Senior Thesis; B.A. summa cum laude 1995; Coker Fellow; Olin Fellow; Yale Club Scholar; William Wang Prize in Corporate Law; Yale Law Journal; J.D. 2000)
Judge, U.S. Court of International Trade
M. Miller Baker was appointed as a Judge of the United States Court of International Trade on December 18, 2019, by President Donald J. Trump. Judge Baker entered on duty on December 20, 2019.
A native of Terrebonne Parish, Louisiana, Judge Baker grew up in Louisiana and Wyoming and attended Louisiana State University. Judge Baker thereafter earned his J.D. from Tulane University Law School and was admitted to the Louisiana bar in 1984 at age 22. After graduating from Tulane, he served as a law clerk to Judge John Malcolm Duhé, Jr., of the United States District Court for the Western District of Louisiana and then for Judge Thomas Gibbs Gee of the United States Court of Appeals for the Fifth Circuit. Following his judicial clerkships, from 1986 until the end of the Reagan Administration on January 20, 1989, Judge Baker served in the Justice Department under Attorneys General Edwin Meese III and Richard Thornburgh, first as an attorney-advisor in the Office of Legal Policy, and later as a special assistant to the Assistant Attorney General for Civil Rights. Judge Baker then entered private practice in Washington, D.C., until 1991. From 1991 to 1993 he served as counsel to Senator Orrin G. Hatch on the staff of the Senate Judiciary Committee.
Following his service on the Judiciary Committee staff, Judge Baker returned to private practice in Washington, D.C., focusing on complex civil litigation involving a wide range of subjects at the law firms of Carr Goodson Warner (1993–2000) and McDermott Will & Emery LLP (2000–2019). At McDermott, Judge Baker co-chaired the firm’s appellate practice group.
When he was in private practice, Judge Baker argued before the Supreme Court, nine of the thirteen federal courts of appeals, and appellate courts in three states and the District of Columbia. In 2009, The American Lawyer named Judge Baker as “Litigator of the Week” for one of his Supreme Court wins. In addition to his appellate practice, Judge Baker litigated in state and federal trial courts in seventeen states and the District of Columbia.
From 1986 to 1995, Judge Baker served as a naval reserve intelligence officer and received an honorable discharge. His duties included serving with an anti-terrorist unit, on the battle staff of an admiral commanding a carrier battle group operating in the North Atlantic during a large NATO exercise in the Cold War, and as a watch officer in the Navy Command Center in the Pentagon during the Persian Gulf War.
In the aftermath of 9/11, Judge Baker testified before the House and Senate Judiciary Committees on constitutional and policy issues associated with continuity of government. He also testified before the Continuity of Government Commission, a bipartisan study commission established by the American Enterprise Institute and the Brookings Institution.
Judge Baker and his wife Margaret have five children, two of whom are active duty military officers.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Associate Professor of Law, Cumberland School of Law, Samford University
Brannon P. Denning is Associate Professor of Law at Samford University’s Cumberland School of Law in Birmingham, Alabama. Prior to joining the Cumberland School of Law in 2003, Professor Denning taught at the Southern Illinois University School of Law in Carbondale, Illinois for four years. At Cumberland, Professor Denning teaches Constitutional Law I & II, the First Amendment, and Professional Responsibility. During the Summer of 2005, he was a visiting professor at the University of Tennessee College of Law.
Professor Denning has written extensively on the Commerce Clause, the dormant Commerce Clause doctrine, the constitutional amending process, the confirmation process, the Second Amendment, and on foreign affairs matters. His articles have appeared in the American Journal of International Law, Constitutional Commentary, Foreign Affairs, the Minnesota Law Review, the William and Mary Law Review, and the Wisconsin Law Review, among other journals and periodicals. He has also collaborated with Yale law professor Boris I. Bittker on a treatise on the Commerce Clause and is co-editor of a one-of-a-kind coursebook on gun control and gun rights.
Professor Denning earned a B.A. in political science, magna cum laude, from the University of the South in Sewanee, Tennessee. He received a J.D., magna cum laude, from the University of Tennessee in 1995, and an LL.M. from Yale University in 1999.
The University of Tennessee College of Law, Visiting Professor, 2005. Taught Constitutional Law during the Summer Term.
Cumberland School of Law, Samford University, Associate Professor, 2003-present. Tenure awarded Spring, 2005.
Southern Illinois University School of Law, Assistant Professor, 1999-2003.
Taught constitutional law, legal ethics, Illinois constitutional law, and Introduction to Legislative and Administrative Process. Tenure awarded Spring, 2003.
Yale Law School, Research Associate & Senior Fellow, 1997-1998.
Collaborated with Professor Boris I. Bittker researching and writing Bittker on the Regulation of Interstate and Foreign Commerce (Aspen Law & Business).
Baker, Donelson, Bearman & Caldwell, P.C., Associate, 1995-1997.
Member of health law group in the Memphis, Tennessee office of the state’s largest law firm.
Yale Law School, LL.M., 1999
The University of Tennessee College of Law, J.D., magna cum laude, Order of the Coif, 1995
The University of the South, Sewanee, Tennessee, B.A., magna cum laude, Phi Beta Kappa, 1992
Pio Cardinal Laghi Distinguished Chair in Law, Professor and Co-director of the Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy, University of St. Thomas School of Law - Minnesota
Professor Gregory Sisk is the Pio Cardinal Laghi Distinguished Chair in Law at the University of St. Thomas School of Law in Minneapolis, Minnesota.
He received his B.A. from Montana State University and his J.D. from the University of Washington School of Law, where he graduated first in his class, was an editor on the law review, and president of the moot court board. Prior to joining the legal academy, he served as a legal advisor in all three branches of the federal government: as a legislative assistant to a U.S. Senator, as a law clerk to a U.S. Court of Appeals judge, and as an appellate attorney with the U.S. Department of Justice representing the United States in the courts of appeals and the Supreme Court. Subsequent to his government service, he was in private practice as the head of the appellate department of a Seattle law firm.
Professor Sisk joined the University of St. Thomas law faculty in 2003, after teaching for twelve years at the Drake University Law School, where he had also been named as the Richard M. & Anita Calkins Distinguished Professor. He teaches Professional Responsibility and Civil Procedure, as well as a new course with original materials on Litigation with the Federal Government. His casebook, "Litigation With the Federal Government: Cases and Materials," was published by Foundation Press in 2000 and has been adopted at several law schools, including Georgetown University, George Washington University, Catholic University, New York University, the University of Pittsburgh, and McGeorge School of Law.
Professor Sisk also is author of the leading treatise on the subject, "Litigation With the Federal Government," published as the fourth edition by ALI-ABA in 2006. He has published nearly three dozen articles on litigation with the federal government, judicial decisionmaking, awards of attorney's fees, professional responsibility, constitutional interpretation, law and religion, and tort reform. His articles have been cited by the United States Supreme Court, several federal courts of appeals, and the supreme courts of several states. His empirical study of judicial decisionmaking and the influence of judicial background, co-authored with Professors Michael Heise and Andrew Morriss, was published in the New York University Law Review and received the 1999 Article Prize from the Law and Society Association.
Professor Sisk has remained active as a member of the legal profession. He served as reporter for the Iowa Rules of Professional Conduct Drafting Committee appointed by the Iowa Supreme Court to draft the new set of ethics rules to govern lawyers in Iowa. He is a member of the American Law Institute, the nation's premier law reform organization. He maintains a limited practice, primarily as an appellate attorney and as an expert witness on professional ethics and conduct. For example, he briefed a leading environmental/federal-common-law case as counsel for amicus curiae and then was invited to argue the central issue before the U.S. Court of Appeals for the Ninth Circuit. More important than success on the merits, however, was the testament that the court gave to the attorneys in the case: "Litigation often produces criticism for its participants. This case, however, was extraordinarily well briefed and argued by consummate professionals on both sides and we are grateful for that." Atchison, Topeka & Santa Fe Railway Co. v. Brown & Bryant, Inc., 132 F.3d 1295, 1303 n.5 (9th Cir. 1997), amended, 159 F.3d 358, 365 n.6 (9th Cir. 1998).
Professor Sisk is also active with the Conference on Catholic Legal Thought, writing and speaking about religion and public life and the role of faith in professional life. He occasionally participates as a member of the Mirror of Justice blog, which present a diverse array of Catholic perspectives on the law, public life, and social justice.
J.D., University of Washington Law School
B.A., Montana State University
SCOTUScast 1-10-08 featuring Juria Jones
Juria Jones
On January 7, 2008 the Supreme Court heard oral argument in Dada v. Mukasey, a...
SCOTUScast 1-7-08 featuring Kent Scheidegger
Kent Scheidegger
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SCOTUScast 12-21-07 featuring William Mercer
William Mercer
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SCOTUScast 12-7-07 featuring Bradford Berenson
Bradford A. Berenson
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SCOTUScast 12-7-07 featuring Richard Epstein
Richard A. Epstein
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SCOTUScast 12-6-07 featuring Shay Dvoretzky
Shay Dvoretzky
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SCOTUScast 11-20-07 featuring Miller Baker
M. Miller Baker
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SCOTUScast 11-20-07 featuring Mark Behrens
Mark A. Behrens
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SCOTUScast 11-7-07 featuring Brannon Denning
Brannon P. Denning
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SCOTUScast 11-6-07 featuring Gregory Sisk
Gregory Sisk
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