Professor, Florida State University College of Law
Professor Steve Johnson is a recognized national scholar on tax litigation and procedure, including legislative and administrative law topics in tax. He teaches Income Taxation, Partnership Taxation and Administrative Law. His publications include two casebooks, Civil Tax Procedure (2d ed., Lexis-Nexis 2007) (with David Richardson & Jerome Borison) and Tax Crimes (Lexis-Nexis 2008) (with Scott Schumacher, Larry Campagna & John Townsend), as well as numerous articles on tax procedure and on tax law. While a law student, he was managing editor of the New York University Law Review.
Johnson practiced tax law in New York City, after which he served as a senior attorney with the IRS Chief Counsel’s Office and a special assistant United States attorney in Jacksonville, Florida. He was a founding faculty member at the University of Nevada, Las Vegas School of Law, where he was the 2008 Outstanding Faculty Member. In addition, he taught at Indiana University School of Law and visited at Chicago-Kent College of Law and University of California Hastings College of Law.
Assistant Professor of Law, Columbus School of Law, Catholic University of America
Chad Squitieri is an Assistant Professor of Law at Catholic University of America’s Columbus School of Law. There he serves as the Director of the Separation of Powers Institute, and as a Managing Director of the Center for the Constitution and the Catholic Intellectual Tradition. Professor Squitieri’s scholarship addresses administrative law and constitutional law topics, including separation-of-powers principles. His scholarship has appeared in the Administrative Law Review, the Harvard Journal of Law and Public Policy, and the Baylor Law Review, among other publications.
Prior to joining the faculty at the Catholic University of America, Prof. Squitieri practiced law at Gibson, Dunn & Crutcher LLP as a member of the Appellate and Constitutional Law and Administrative Law and Regulatory practice groups. He also served as a Special Assistant to former United States Secretary of Labor Eugene Scalia, and as a law clerk to then-Chief Judge D. Brooks Smith of the United States Court of Appeals for the Third Circuit.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
Ralph V. Whitworth Professor in Law, Georgetown University Law Center
Professor Nourse is one of the nation’s leading scholars of Congress, the separation of powers, and statutory interpretation. In addition to her scholarship, she has practiced as an attorney in the White House, the Department of Justice, the Senate, and in private practice. The story of her pioneering work on gender equality is told in Equal: Women Reshape American Law.
Her most recent book is “The Impeachments of Donald Trump: An Introduction to Constitutional Argument” (West 2021). In 2016, Harvard Press published her Misreading Law, Misreading Democracy, on the limits of textualism. She is one of the most-cited scholars on interpretation in the country and has recently co-authored Yale’s revised leading casebook, Statutes, Regulation & Interpretation (West 2024).
Professor Nourse has published widely on the power of the President and the separation of powers, Reclaiming the Constitutional Text from Originalism: The Case of Executive Power, 106 Calif. L. Rev. 1 (2018), and constitutional rights, In Reckless Hands (Norton 2008), the story of Skinner v. Oklahoma and American eugenics.
President Biden appointed Professor Nourse to serve as Vice-Chair of the United States Commission on Civil Rights in 2023, with her term expiring in 2029.
Professor Nourse previously served as Chief Counsel to then Vice President Biden under the Obama Administration. Prior to that role, she practiced as an appellate litigator in the Department of Justice and as Special Counsel to the Senate Judiciary Committee.
Professor Nourse has held chairs at Emory University and the University of Wisconsin. She has been a visiting professor at Yale, NYU, University of Maryland, and Northwestern.
She began her legal career in New York, clerking for legendary trial judge of the Southern District of New York, Edward Weinfeld, and practicing at Paul, Weiss, Rifkind Wharton & Garrison. She left private practice to serve as junior counsel to the Senate-Iran Contra Committee. After serving on the appellate staff of the Civil Division, she was hired as a legal expert for then Senator Joseph Biden.
Professor Nourse is the co-Founder of the Supreme Court Interpretation Lab, which uses big data to analyze trends in Supreme Court analyses. She formerly served as Executive Director of the Georgetown Law Center on Congressional Studies.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Jones Day, Partner
Yaakov Roth's goal is to strategically develop and effectively present the key legal arguments that will secure victory for clients through appellate advocacy and dispositive motions. He has represented clients in high-profile Supreme Court cases, argued appeals in the federal Courts of Appeals, and prepared motions to dismiss and for summary judgment across a range of substantive areas.
Yaakov's most recent Supreme Court experience includes vindicating former Virginia Gov. Bob McDonnell from political corruption charges, narrowing the geographic scope of private civil RICO lawsuits, and pursuing a major challenge to the Affordable Care Act from inception through high court review. At the appellate level, Yaakov's oral advocacy has included pressing a First Amendment challenge to an Ohio law prohibiting "false" campaign statements, seeking disclosure of a Justice Department policy manual concerning criminal discovery, and protecting the religious freedom rights of Death Row inmates. He has successfully defended his clients against defamation, antitrust, Title VII, and ERISA claims — including nationwide class actions — and pursued a host of challenges to federal, state, and local regulations. His ERISA experience also includes a series of withdrawal liability arbitrations and related litigation.
Yaakov speaks and writes about the Supreme Court and First Amendment issues and maintains an active pro bono practice centered around religious freedom and criminal justice.
Director, Faculty Relations, The Federalist Society
Katie McClendon is the Director of Faculty Relations at the Federalist Society, where she has worked since 2015.
Katie holds a J.D. from the University of Pennsylvania Law School and a B.A. in Political Science from Biola University, where she was a member of the Torrey Honors Institute. She is a fellow of the John Jay Institute and the Blackstone Legal Fellowship. Katie is originally from Los Angeles, and she now lives with her husband and four children in Atlanta.
Litigation Counsel, New Civil Liberties Alliance
Jenin Younes is Litigation Counsel for the New Civil Liberties Alliance. Having always been a passionate advocate for individual liberties, Jenin spent the first part of her career as an appellate public defender, providing representation to indigent clients convicted of criminal offenses in New York City. In this capacity, she briefed and argued countless appeals in New York’s Appellate Division, Second Department, and several cases in the New York State Court of Appeals. She also represented individuals at civil hearings in trial court.
Jenin holds a B.A. from Cornell University and a J.D. from New York University School of Law.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Senior Legal Fellow, the Meese Institute for the Rule of Law, Advancing American Freedom
Paul J. Larkin is a Senior Legal Fellow in the Meese Institute for the Rule of Law at Advancing American Freedom. Paul has held various positions in the federal and state governments throughout his career, such as being an attorney in the Organized Crime and Racketeering Section of the Criminal Division at the U.S. Department of Justice, an Assistant to the Solicitor General in the Office of the Solicitor General at the U.S. Department of Justice, Special Agent-in-Charge and Acting Director of the Criminal Investigation Division at the Environmental Protection Agency, and a member of the Parole Abolition and Sentencing Reform Commission and of the Juvenile Justice Reform Commission in the Office of Virginia Governor George Allen.
He has also worked at Verizon Communications and two law firms in Washington, D.C. His current research is principally in the fields of drug policy, criminal justice policy, and administrative law and policy. He has published numerous articles in law and public policy journals, both in print and online.
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
Professor of Practice and Distinguished Scholar in Residence; Co-Director of the Legislative and Regulatory Process Clinic, New York University School of Law
Sally Katzen served in the Clinton administration as administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB), as deputy assistant to the president for economic policy and deputy director of the National Economic Council in the White House, and then as the deputy director for management at OMB. She served as the head of the Agency Review Group for the Obama/Biden transition with responsibility for the Executive Office of the President and all government-wide agencies. She has taught both undergraduates and at various law schools. She is a member of the American Law Institute and the National Academy of Public Administration, has served on multiple panels for the National Academy of Sciences, testified frequently before Congress, and is on the board of several non-profit organizations. Before joining the Clinton administration, Katzen was a partner in the Washington, DC, law firm of Wilmer, Cutler & Pickering, specializing in regulatory and legislative matters, while serving in leadership roles in the American Bar Association (including chair of the Section on Administrative Law and Regulatory Practice and as DC delegate to the ABA’s House of Delegates), as president of the Federal Communications Bar Association and as president of the Women’s Legal Defense Fund. She graduated from Smith College and the University of Michigan Law School, where she was the first woman editor-in-chief of the Law Review. She clerked for Judge J. Skelly Wright of the United States Court of Appeals for the District of Columbia Circuit and served in the Carter administration as the general counsel of the Council on Wage and Price Stability in the Executive Office of the President.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
The Major Question: Should We Bring Back the Non-Delegation Doctrine?
Florida State Student Chapter
Tallahassee, FLFederalist Society Review, Volume 23
Katie McClendon
The Federalist Society Review is the legal journal of the Federalist Society. The Review is...
NFIB v. OSHA [SCOTUSbrief]
Jenin Younes
In late 2021, the Occupational Safety & Health Administration promulgated a rule requiring workers to...
The Revival of the Nondelegation Doctrine?
Emory Student Chapter
Atlanta, GAChevron—Complicated, Start to Finish
Ronald A. Cass
A Review of Thomas W. Merrill, The Chevron Doctrine: Its Rise and Fall, and the...
Revitalizing the Nondelegation Doctrine
Paul James Larkin
A Review of The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine (Peter...
The Bane of the Administrative State? The Nondelegation and Major Questions Doctrines After West Virginia v. EPA
DC Young Lawyers Chapter
Washington, DCTopics
WV v. EPA: Some Answers about Major Questions (But Not All the Answers We Need)
Originally published at the Volokh Conspiracy In West Virginia v. Environmental Protection Agency, the Supreme...
Topics
Originalism’s Still Around, No Matter What Adrian Vermeule Says
I was taken aback when I read Adrian Vermeule’s recent Washington Post op-ed, which alleges...
Luncheon Address & Panel: Administrative State on the Brink?
Philip A. Hamburger, Sally Katzen, Neomi Rao
Over the past 85 years the administrative state has been a dominant feature in the...