Newton D. Baker-Baker & Hostetler Chair in Law, Moritz College of Law, The Ohio State University
Professor Douglas A. Berman is Newton D. Baker-Baker & Hostetler Chair in Law and Executive Director of the Drug Enforcement and Policy Center, housed in the Moritz College of Law. Berman’s principal teaching and research focus is in the area of criminal law and criminal sentencing, though he also has teaching and practice experience in the fields of legislation and intellectual property. He has taught Criminal Law, Criminal Punishment and Sentencing, Criminal Procedure – Investigation, Marijuana Law, Policy & Reform Seminar, Federal and State Clemency Decision-making, The Death Penalty, Legislation, Introduction to Intellectual Property, Second Amendment Seminar, and the Legislation Clinic.
Professor Berman attended Princeton University and Harvard Law School. In law school, he was an editor and developments office chair of the Harvard Law Review and also served as a teaching assistant for a Harvard University philosophy course. After graduation from law school in 1993, Professor Berman served as a law clerk for Judge Jon O. Newman and then for Judge Guido Calabresi, both on the United States Court of Appeals for the Second Circuit. After clerking, Professor Berman was a litigation associate at the law firm of Paul, Weiss, Rifkind, Wharton, and Garrison in New York City.
Professor Berman is the co-author of two casebooks. Sentencing Law and Policy: Cases, Statutes and Guidelines, published by Aspen Publishers, is now in its fifth edition. Marijuana Law and Policy was released by Carolina Academic Press in 2020. In addition to authoring numerous articles on topics ranging from capital punishment to the federal sentencing guidelines, Professor Berman has served as a managing editor of the Federal Sentencing Reporter for more than twenty five years, and also serves as an editor of the Ohio State Journal of Criminal Law.
Professor Berman is the sole creator and author of the widely-read and widely-cited blog, Sentencing Law and Policy. The blog often receives nearly 50,000 page views per month (and had over 20,000 hits the day of the Supreme Court’s major sentencing decision in United States v. Booker). Professor Berman’s work on the Sentencing Law and Policy blog, which he describes as a form of “scholarship in action,” has been profiled or discussed at length in articles appearing in the Wall Street Journal, Legal Affairs magazine, Lawyers Weekly USA, Legal Times, Columbus Monthly, and in numerous other print and online publications.
In addition, Sentencing Law and Policy has the distinction of being the first blog cited by the U.S. Supreme Court (for a document appearing exclusively on the site), and substantive analysis in particular blog posts has been cited in numerous appellate and district court rulings, in many briefs submitted to federal and state courts around the country, and in hundreds of law review articles.
Professor Berman is a member of the Council on Criminal Justice and frequently is consulted by national and state policymakers, sentencing commissioners, and public policy groups concerning sentencing law and policy reforms. He has testified before the U.S. House of Representatives and before numerous sentencing commissions. He also is frequently contacted by national and local media concerning sentencing and marijuana reform developments.
Professor Berman has appeared on national television, radio and podcast news programs and has been extensively quoted in newspaper articles appearing in nearly every major national paper and many local papers, including The New York Times, The Washington Post, The Wall Street Journal, Legal Times, and in pieces from the Associated Press, Reuters, and Knight-Ridder news services.
Professor Berman sometimes serves as a consultant to lawyers working on important or interesting sentencing cases. In most instances, Professor Berman’s consulting has been on an ad hoc and pro bono basis, and it usually involves a quick review of draft briefs and other court filings and then providing general advice on litigation strategies. On some occasions, however, Professor Berman has been formally retained to play a more sustained role in certain cases, including being retained by law firms to provide consulting service on various cutting-edge federal sentencing issues.
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.
Professor of Psychobiology, Harvard Medical School; Department of Psychiatry, McLean Hospital
Bertha Madras, PhD is a Professor of Psychobiology at Harvard Medical School (Harvard faculty 40 years) She is based at McLean Hospital and cross-appointed at the Massachusetts General Hospital
Scientific Research. Dr. Madras’s translational and multidisciplinary research focuses on the neurobiology of addiction, neuropsychiatric disorders, and drug policy
Authorship. She is author of more than 500 scientific manuscripts, reviews, book chapters, abstracts. She also is co-editor of academic books including “The Cell Biology of Addiction”; “Effects of Drug Abuse on the Human Nervous System”; “Imaging of the Human Brain in Health and Disease”
Intellectual Property. Inventor, co-inventor on 19 issued U.S. patents and 27 issued international patents
Government, other Service
• 2018-present, National Academy of Medicine Opioid Collaborative. Member
• 2024. United Nations Office on Drugs and Crime. Panel on Consequences of Drug Use
• 2017. President’s Commission on Combating Drug Addiction and the Opioid Crisis. Appointed by President Trump as one of six Commission members: Gov. C. Baker (MA); Attorney General P. Bondi (FL); Gov. C. Christie, (Chair, NJ); Gov. R. Cooper (NC), Congressman P. Kennedy (RI), Prof. Madras (MA). She was charged with shepherding, writing major components of Report
• 2016. Vatican Pontifical Academy of Sciences. Panelist on Narcotics; co-author of final report
• 2014-2015. U.S. Department of Justice. Sole expert witness DoJ, on marijuana re-scheduling
• 2015. World Health Organization. Sole author of report commissioned by World Health Organization, “Update of Cannabis and its Medical Use”; co-author of “The Health and Social Effects of Nonmedical Cannabis Use
• 2014. National Football League (NFL). Member, Committee on prescription drugs
• 2006-2008. Deputy Director for Demand Reduction in the White House Office of National Drug Control Policy (ONDCP), Executive Office of the President; a presidential appointment confirmed with unanimous consent (99-0) by U.S. Senate
Educational Outreach
• 2023-2025 HARVARD X. Developer of course for parents on drug prevention
• 2001-. Cold Spring Harbor Laboratories. Developer, international course on Cell Biology of Addiction. Course is offered biannually to present
• 1991-2004. Museum of Science, Boston. Directed production of a museum exhibit, a CD (licensed by Disney) “Changing Your Mind: Drugs in the Brain” and play
• 1995. DEA-NIDA Museum Exhibit. Wrote draft of storyboard for exhibit, 1 Times Square, NYC, NY
• 1991-2005. Addiction biology. Developed, instructor 4th year HMS medical students
Honors, awards
• 2026: Barry Prize, American Academy of Sciences and Letters
• 2025: Asteroid 147703MADRAS named for BK Madras by the International Astronomical Union
• 2024: American Academy of Sciences and Letters, inductee
• Research and public service awards (partial list): NIDA Public Service Award, NIH MERIT Award, CPDD Innovator Award, American Academy of Addiction Psychiatry, Jack H. Mendelson Memorial Research Award, CPDD Fischman Award, Adler Distinguished Service Award, CADCA National Leadership Award, Nils Bejerot Award, others
• 2006: Better World Report designated her brain imaging invention as “one of 25 technology transfer innovations (university to industry) that changed the world”.
Her experiences in neuroscience research, drug addiction, education, government and public service offer a unique perspective at the intersection of science and public policy.
Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Deputy Secretary of Agriculture, U.S. Department of Agriculture
Judge Stephen Alexander Vaden was appointed as the Deputy Secretary of the U.S. Department of Agriculture on July 7, 2025. Alongside Secretary Brooke L. Rollins, Deputy Secretary Vaden leads the Department’s operations and implements policies that support America’s food and farm systems. A native of Union City, Tennessee, Deputy Secretary Vaden brings expertise in agricultural policy, law, and rural development. Previously, he served as a judge on the U.S. Court of International Trade and as General Counsel of USDA. Throughout Deputy Secretary Vaden’s time as General Counsel, he led successful Supreme Court litigation, advanced regulatory reform, and supported the implementation of the 2018 Farm Bill. He is a graduate of Yale Law School and Vanderbilt University. A public servant with strong agricultural roots, Deputy Secretary Vaden is committed to revitalizing rural America and ensuring an abundant, affordable, and safe U.S. food supply.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
The Law, Policy, and Politics of Rescheduling Cannabis
Douglas A. Berman, Paul James Larkin, Bertha K. Madras
The legal status of cannabis has been a controversial issue ever since the Controlled Substances...
An Imagined Bloc and Other Figments
Donald A. Daugherty
A review of American Justice 2019: The Roberts Court Arrives, by Mark Joseph Stern (University...
Judicial Deference Determined: Kisor v. Wilkie
Karen Harned, Stephen Alexander Vaden
This morning the Supreme Court decided the much-anticipated Kisor v. Wilkie case. The Court had granted...
The Problem with the Proliferation of Collateral Consequences
John G. Malcolm
Note from the Editor: This article discusses collateral consequences of criminal convictions and argues that...