Professor of History, Georgia Southern University
Johnathan O'Neill is Professor of History at Georgia Southern University. Professor O’Neill is the author of Originalism in American Law and Politics: A Constitutional History (2005) and Conservative Thought and American Constitutionalism Since the New Deal (2023).
Judge, United States Court of Appeals, Eleventh Circuit
On March 20, 2018, Judge Elizabeth L. Branch (Lisa) was sworn in as a United States Circuit Judge for the Eleventh Circuit.
Judge Branch attended and graduated from Davidson College in North Carolina (B.A., cum laude, 1990), and Emory University School of Law (J.D., with distinction, 1994).
After graduating from law school, Judge Branch served as a federal law clerk to The Honorable J. Owen Forrester of the U.S. District Court for the Northern District of Georgia from 1994 to 1996. Following her clerkship, Judge Branch joined the litigation department of Smith, Gambrell & Russell, LLP in Atlanta as an associate and then a partner.
From 2004 to 2008, Judge Branch was a senior official in the Administration of President George W. Bush in Washington, D.C. She served first as the Associate General Counsel for Rules and Legislation at the U.S. Department of Homeland Security and then as the Counselor to the Administrator of the Office of Information and Regulatory Affairs at the U. S. Office of Management and Budget.
She returned to Smith Gambrell in 2008 as a litigation partner. Judge Branch then was appointed to the Court of Appeals of Georgia by Governor Nathan Deal, taking office on September 4, 2012, where she served until March 19, 2018.
Judge Branch is a member of the Board of Advisors of the Atlanta Lawyers Chapter for the Federalist Society for Law and Public Policy Studies.
Deputy Administrator, United States Environmental Protection Agency
David Fotouhi was sworn in as Deputy Administrator of the United States Environmental Protection Agency on June 16, 2025.
Fotouhi is an experienced environmental attorney who previously served in senior roles at EPA. During the first term of the Trump Administration, Fotouhi served as EPA’s Acting General Counsel and Principal Deputy General Counsel. Prior to rejoining the agency, Fotouhi was a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP practicing environmental law.
Fotouhi grew up in Oklahoma and holds a B.A. from Vanderbilt University and a J.D. from Harvard Law School. Before entering private legal practice, Fotouhi served as a law clerk to the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit.
Lyle T. Alverson Professor of Law, George Washington University Law School
Professor Pierce is author of over twenty books and 130 articles on administrative law, government regulation, and the effects of various forms of government intervention on the performance of markets. His books and articles have been cited in hundreds of judicial opinions, including over a dozen opinions of the U.S. Supreme Court.
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.
Professorial Lecturer in Law, George Washington University Law School
Theodore C. (Ted) Hirt was an attorney in the Department of Justice's Civil Division from August 1979 to March 2016. He was in its Federal Programs Branch from 1979 to 2008 (trial attorney, senior trial counsel, assistant director), and then in its Office of Immigration Litigation from 2008 to 2016 (trial attorney and senior litigation counsel). Among his responsibilities (September 2001 to March 2016) was being an advisor to the Assistant Attorneys General for the Civil Division, who serve ex officio on the Civil Rules Advisory Committee. Mr. Hirt’s areas of specialization include First Amendment issues, internet and telecommunications law, and electronic discovery. From 1976 to 1979, he was an associate at Fried, Frank, Harris, Shriver & Kampelman. From 1975 to 1976 he was an attorney in the Prehearing Division of the Michigan Court of Appeals.
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: j.kendavis@verizon.net, and by phone: (804) 624-8525.
Senior Attorney, Sensient Technologies Corporation
Former United States Attorney General
Michael B. Mukasey is the former Attorney General of the United States, the nation’s chief law enforcement officer. As Attorney General from November 2007 to January 2009, he oversaw the U.S. Department of Justice and advised on critical issues of domestic and international law.
From 1988 to 2006, Judge Mukasey served as a district judge in the United States District Court for the Southern District of New York, becoming Chief Judge in 2000.
From 1972 to 1976, Judge Mukasey served as an Assistant United States Attorney for the Southern District of New York, and as Chief of the Official Corruption Unit from 1975 to 1976. His practice consisted of criminal litigation on behalf of the government, including investigation and prosecution of narcotics, bank robbery, interstate theft, securities fraud, fraud on the government and bribery. From 1976 to 1987 and from 2006 to 2007 he was in private practice.
Judge Mukasey has received numerous honors, including the Federal Bar Council’s Learned Hand Medal for Excellence in Federal Jurisprudence. He served as Chairman of the Committee on Public Access to Information and Proceedings of the New York Bar Association from 1984 to 1987. He served on the Federal Courts Committee of the Association of the Bar of the City of New York from 1979 to 1982 and its Communications Law Committee from 1983 to 1986. Judge Mukasey was also a part-time lecturer at Columbia School of Law from January 1993 to May 2007, teaching trial advocacy.
He received his LL.B. from Yale Law School in 1967 and his B.A. from Columbia College in 1963.
United States Court of Appeals, Second Circuit
Dennis Jacobs is the Chief Judge of the United States Court of Appeals for the Second Circuit. He became Chief Judge on October 1, 2006. At the time of his appointment in 1992, he was a partner in the New York law firm of Simpson Thacher & Bartlett.
Judge Jacobs received his B.A. degree from Queens College of the City University of New York in 1964; his M.A. degree from New York University in 1965; and his J.D. degree from the New York University School of Law in 1973.
Judge Jacobs was a lecturer in the English Department of Queens College of the City University of New York from 1967 until 1969. He was in private practice from 1973 with the New York law firm of Simpson, Thacher & Bartlett, serving as a partner there from 1980 until his judicial appointment.
In 1997-2004, Judge Jacobs was a member of the Committee on Judicial Resources of the Judicial Conference of the United States; starting in 1999 he was chair of that committee.
Judge Jacobs is a native of New York City.
Topics
A Coda on Judicial Independence: Comments on Chief Justice Roberts’ 2024 Year End Report
As a very eventful 2024 drew to a close, Supreme Court Chief Justice John Roberts...
A Deeper Originalism: From Court-Centered Jurisprudence to Constitutional Self-Government
Johnathan O'Neill
Originalism has substantially reoriented constitutional discourse since it first reemerged in response to the Warren...
Deep Dive Episode 247 - Creatures of Statute II: Administrative Agencies and Policymaking
Lisa Branch, David Fotouhi, Richard J. Pierce
The Federalist Society’s Regulatory Transparency Project and Capitol Hill Chapter hosted the second in a...
National Security, Trade, and China: Risks and Responses in the Internet Age
Ronald A. Cass
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Can Americans Reconcile Our Constitutional System With an Expansive Administrative State?
Ted Hirt
A review of: Bureaucracy in America: The Administrative State’s Challenge to Constitutional Government, by Joseph...
Topics
Article I: Interview with Prof. Schoenbrod on Congressional Degradation
As Professor Schoenbrod explains in this interview, Congress has an unhealthy fixation with three little words--"the Administrator...
Regulating Under the Rule of Law
John Kennerly Davis
A review of: How to Regulate: A Guide for Policymakers, by Thomas A. Lambert (Cambridge...
Can Someone Please Turn on the Lights? Bringing Transparency to the Foreign Corrupt Practices Act
James C. Dunlop, Michael B. Mukasey
Note from the Editor: This paper assesses the Department of Justice’s authority under the Foreign...
Speech by Judge Dennis G. Jacobs
Dennis Jacobs
The following remarks were delivered by Chief Judge Dennis Jacobs of the United States Court...