Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Associate, Hunton & Williams, LLP
John Henson is an associate with Hunton & Williams, LLP, in Washington, D.C. (admitted only in Tennessee, work
supervised by a member of the D.C. Bar).
Partner, Barr & Klein PLLC
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Shareholder and Director, GableGotwals
Partner, Phelps Dunbar LLP
Mike Hurst is a partner with Phelps Dunbar LLP where he optimizes his in-depth knowledge of the court system, investigative and prosecutorial agencies, the regulatory arena, and the public policy realm to help clients facing government investigations, enforcement actions, regulatory matters, general litigation and policy issues. Mike currently serves as the General Counsel of the Republican National Committee and as Chairman of the Mississippi Republican Party. He previously served as the U.S. Attorney for the Southern District of Mississippi from 2017-2021, and with over 20 years of experience before judges, juries and policy makers, handling some of the largest and most high-profile cases in Mississippi, he's known for untangling the most complex legal issues.
As U.S. Attorney, Mike was described as a “hard charger,” leading efforts to combat violent crime, human trafficking and public corruption, among many other issues, throughout Mississippi. He almost tripled prosecutions in the U.S. Attorney’s Office over a three-year period, resulting in the most indictments and federal defendants indicted in a one-year period in Mississippi history. He created innovative and national award-winning crime-fighting solutions, like “Project EJECT,” and he established the first statewide, multilevel and multidisciplinary human trafficking body, the Mississippi Human Trafficking Council, to comprehensively and holistically address this criminal scourge.
During his tenure as U.S. Attorney, Mike oversaw some of the biggest cases in Mississippi history: the largest health care fraud scheme (Wade Walters, et. al.), the largest Ponzi scheme (Lamar Adams), the largest False Claims Act health care fraud settlement (Region 8), and the largest nursing home False Claim Act settlement (Hyperion). In addition, as Chief Federal Law Enforcement Officer for the Southern District, Mike coordinated the largest single-state immigration worksite enforcement operation in our nation’s history, involving hundreds of federal law enforcement agents covering seven different locations operated by multiple companies.
Mike’s no show pony – he’s a work horse. Before his tenure as U.S. Attorney, Mike was an Assistant U.S. Attorney for the Southern District of Mississippi for more than eight years. He handled some of the most difficult and complex cases in that office, dealing with white collar crimes, public corruption and financial fraud, including numerous jury trials before almost every federal judge in the Southern District.
He also has experience in the private sector. He has practiced law in Washington, D.C., and has served as a litigator and general counsel for a conservative nonprofit. He also has extensive experience in public policy, having served as the Legislative Director to a U.S. Congressman and as Counsel to the House Judiciary Committee.
Mike has also testified before both the United States Senate and the U.S. House of Representatives on issues ranging from crime to Presidential pardons. He has worked on all sides of the legal, regulatory, investigative, prosecutorial and policy spectrum. The incredible insight gained from this varied experience enables him to find a path forward for clients, no matter how complicated the case.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
Staff Attorney, Southern Utah Wilderness Alliance
David Garbett is a staff attorney with the Southern Utah Wilderness Alliance in Salt Lake City, Utah. His practice focuses on public lands law, principally as it relates to the Bureau of Land Management. His litigation and administrative work has involved oil and gas leasing and development, air quality issues, wilderness identification and management, rights of way claims, and resource management planning. Mr. Garbett earned his J.D. from Harvard Law School in 2006. He also holds an M.S. in economics from Utah State University and a B.A. in history from Brigham Young University.
Partner, Hollingsworth LLP, Washington, DC.
Mr. Lasker litigates a wide variety of complex civil matters, with a current focus on toxic torts, environmental litigation, Alien Tort Statute litigation, and pharmaceutical products liability. Mr. Lasker has also represented clients in a variety of civil and criminal government investigation-related matters involving bank regulatory compliance, False Claims Act claims, and alleged price fixing, and he served as lead counsel in successfully defending a foreign client against a Foreign Corrupt Practices claim in a jury trial that was featured in the Legal Times. He represents clients in jury and bench trials, before arbitral panels and administrative courts, and both at trial and on appeal.
Mr. Lasker has significant experience defending against all matter of legal claims involving FDA- and EPA-regulated products and alleged toxins and environmental contaminants. He has represented clients in pharmaceutical products liability claims involving antipsychotic medications, obstetrical drugs, antifungals, antiepileptics, and cough/cold medicines, and in toxics/environmental matters involving herbicides, asbestos, lead paint, nonionizing radiation, and chemical solvents. He has represented clients in matters arising both in the United States and abroad, and in matters arising under both domestic and international law. Mr. Lasker's practice also includes matters involving sensitive national security issues, and he has represented his clients’ interests in meetings with both U.S. and foreign government officials. He has extensive expertise in developing and implementing sophisticated medical causation and science-based defenses, and he has successfully litigated issues involving Daubert, the federal preemption defense, and natural resource damages claims. He also assists clients in due diligence investigations as relates to environmental and toxics liabilities and through amicus briefing on key legal issues.
Mr. Lasker played a prominent role in helping to establish asbestos defendants’ rights to insurance non-products coverage through a successful amicus effort that secured one of the seminal judicial opinions recognizing the existence of such coverage, litigation efforts resulting in securing several hundreds of millions of dollars in asbestos non-products insurance recoveries, and oral presentations and publications on issues involving non-products coverage. He has also defended personal injury claims in asbestos litigation, advancing medical causation defenses as the asbestos litigation has extended to tertiary and even more remotely-situated corporate defendants.
Mr. Lasker is frequently requested to speak and publish on issues of interest to his clients, and he has been interviewed on such topics in numerous fora, including the AMA's American Medical News, Bloomberg News, the National Law Journal, and thePhiladelphia Inquirer. Mr. Lasker serves on the Board of Editors of LJN's Product Liability Law & Strategy newsletter and he is the Chair of the Toxics & Hazardous Substances Committee of the International Association of Defense Counsel (IADC), an invitation-only professional association for corporate and insurance defense attorneys around the world. He also serves as a member of the Defense Research Institute (DRI).
Partner, Hollingsworth LLP, Washington, DC.
Ms. Womeldorf joined the Hollingsworth LLP following clerkships with the Honorable Lewis F. Powell, Jr. and the Honorable Anthony M. Kennedy of the United States Supreme Court. She previously served as a law clerk to the Honorable Robert R. Merhige, Jr. of the United States District Court for the Eastern District of Virginia.
Ms. Womeldorf concentrates her practice on complex civil litigation. She has substantial experience in the defense of high-stakes mass torts, including serving as a member of the defense steering committee in the substantial welding fume Multidistrict Litigation (“MDL”) pending in Cleveland. She also represents pharmaceutical manufacturers in the defense of personal injury claims involving prescription drugs.
Ms. Womeldorf counsels clients on a wide range of issues designed to minimize potential liability, including issues related to workplace practices, Sunshine in Litigation legislation and class action treatment of medical monitoring claims. She is a member of the Sedona Conference Working Group on Protective Orders, Confidentiality and Public Access, and she actively participates with Lawyers for Civil Justice (“LCJ”). Her practice extends into general complex commercial litigation and employment law issues, and she previously served as counsel in the Office of the Senate Chief Counsel for Employment of the United States Senate.
Ms. Womeldorf participates in the Georgetown University Law Center’s Supreme Court Institute, which conducts moot courts for approximately 50 percent of the cases argued before the United States Supreme Court in any given term. She served as Lead Articles Editor for the Washington & Lee Law Review, and is a member of the Defense Research Institute (DRI).
Ms. Womeldorf is recognized in the Washington, DC edition of Super Lawyers for 2013 as she was in 2012.
*Mr. Callen is an attorney who practice in Kansas City, Mo.
Staff Attorney, Southern Utah Wilderness Alliance
David Garbett is a staff attorney with the Southern Utah Wilderness Alliance in Salt Lake City, Utah. His practice focuses on public lands law, principally as it relates to the Bureau of Land Management. His litigation and administrative work has involved oil and gas leasing and development, air quality issues, wilderness identification and management, rights of way claims, and resource management planning. Mr. Garbett earned his J.D. from Harvard Law School in 2006. He also holds an M.S. in economics from Utah State University and a B.A. in history from Brigham Young University.
Director, Center for Self-Government in the West, Sutherland Institute
Carl Graham is director of The Center for Self-Government in the West at the Sutherland Institute. Mr. Graham retired from U.S. Navy service in July 2004 and served as CEO of the Montana Policy Institute from 2008 to 2013. He was an adjunct professor of aviation science at Montana State University, a flight instructor, and a member of the Montana State Advisory Committee for the U.S. Commission on Civil Rights. A Montana native, Carl graduated from Montana State University and is a 20-year Navy veteran, where he amassed nearly 500 carrier landings and more than 2,000 hours in the A-6 Intruder and F-14 Tomcat while serving as a Naval Flight Officer. Also during his naval career, Carl earned a master’s degree in National Security Affairs and served as special assistant and congressional liaison officer for the Commander of U.S. Strategic Command in Omaha, Neb. Carl and his wife Cyndi reside in Salt Lake City.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
Amelia Lewis Professor of Constitutional Law, Sandra Day O'Conno, ASU
The Legality of Executive Action after King v. Burwell
Josh Blackman
Note from the Editor: This article discusses the legality of possible executive actions if the...
Redefining “Waters of the United States”: Is EPA Undermining Cooperative Federalism?
Karen Bennett, John Henson
Note from the Editor: This article discusses the Environmental Protection Agency’s “Waters of the...
Powers v. State of Wyoming: Separation of Powers and the Role of the Judiciary
Stephen R. Klein
In its 2013 General Session, the Wyoming Legislature passed Senate File 104, or Senate Enrolled...
Do Sue and Settle Practices Undermine Congressional Intent for Cooperative Federalism on Environmental Matters?
David B. Rivkin, Adam Carl Doverspike
Note from the Editor: This article is about whether sue and settle practices undermine congressional...
Chaidez v. United States and the Non-Retroactivity of New Rules in Criminal Law
Mike Hurst
Note from the Editor: This article is about the Supreme Court’s 2013 decision in Chaidez v....
Public Land Controversy: The States v. The Federal Government - Podcast
Donald J. Kochan, David Garbett
Controversies over jurisdiction and management of public lands are building. Whether grazing rights disputes in...
Public Land Controversy: The States v. The Federal Government
TeleforumPreemption of Punitive Damages in Prescription Drug Litigation
Eric Lasker, Rebecca A. Womeldorf
Over the past 16 years, the United States Supreme Court has repeatedly addressed the question...
Gun Control
Tenth Circuit Rejects Challenge to the Judicial Merit Selection Process in Kansas
Clayton Callen, Justin Whitworth
The U.S. Court of Appeals for the Tenth Circuit has become the latest federal appellate...