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.
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 Law, University of Baltimore School of Law (on leave); Senior Counsel, U.S. Department of Justice
Professor Dolin’s scholarship centers on patent law with a specific focus on how the patent regime affects innovation, especially in bio-pharmaceutical areas. His work in these areas includes a number of scholarly articles, presentations, amicus briefs, and congressional testimony.
Dr. Dolin is currently on leave from his academic duties while he serves as Senior Counsel in the Civil Rights Division of the United States Department of Justice.
From January 2020 to January 2022, Professor Dolin served as a resident Associate Justice of the Supreme Court of the Republic of Palau. In this role, he (together with other members of the Court) heard appeals in civil, criminal, administrative, and constitutional law matters.
Prior to joining the University of Baltimore School of Law, Professor Dolin held visiting appointments in other law schools. He also served as a law clerk to the Hon. Pauline Newman, of the U.S. Court of Appeals for the Federal Circuit and the late Hon. H. Emory Widener Jr., of the U.S. Court of Appeals for the Fourth Circuit.
Rumors that he has a real Russian bear in his office are entirely true.
Associate Professor, Northern Illinois University
Evan Bernick joined the NIU Law faculty in 2021. He teaches courses in constitutional law, criminal law, criminal procedure, administrative law and legislation.
From 2020 to 2021, Professor Bernick was a visiting professor at the Georgetown University Law Center and the executive director of the Georgetown Center for the Constitution. Before that, he served as a clerk to Judge Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit. From April 2017 to April 2019, he was a visiting lecturer at Georgetown and a resident fellow of the Center for the Constitution.
His scholarship covers a range of topics, from constitutional law, to philosophy of law, to social movements, to law enforcement. He has published with the Georgetown Law Journal, the Notre Dame Law Review, the William and Mary Law Review and the George Mason Law Review, among other journals. His book, The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021), with Randy E. Barnett, was published by Harvard University Press under its Belknap imprint "for books of long-lasting importance, superior in scholarship and physical production, chosen whether or not they might be profitable."
Professor Bernick received his bachelor's degree in 2008 from the University of Chicago, where he studied philosophy and graduated with honors. He received his juris doctorate in 2011 from the University of Chicago Law School.
Director of Policy Studies & Senior Fellow, The Free State Foundation
Seth L. Cooper is Director of Policy Studies & Senior Fellow at The Free State Foundation. His work on federal communications and technology policy at the Free State Foundation began in 2009.
With Randolph May, Mr. Cooper is the co-author of Modernizing Copyright Law for the Digital Age: Constitutional Foundations for Reform (2020) and Constitutional Foundations of Intellectual Property: A Natural Rights Perspective (2015), both published by Carolina Academic Press. Along with Mr. May, Mr. Cooper also co-authored A Reader on Net Neutrality and Restoring Internet Freedom (2018) and #CommActUpdate: A Communications Law Fit for the Digital Age (2017), both published by Free State Foundation Press. He previously contributed to two chapters in Communications Law and Policy in the Digital Age (2012), published by Carolina Academic Press. Mr. Cooper's work has also appeared in such publications as CommLaw Conspectus, the San Jose Mercury News, Forbes.com, the Des Moines Register, the Baltimore Sun, the Washington Examiner, and the Washington Times.
Mr. Cooper previously served as Director to the Telecommunications and Information Technology Task Force at the American Legislative Exchange Council (ALEC). Mr. Cooper served as judicial clerk to the Honorable James Johnson at the Washington State Supreme Court. His co-writings about the Washington Supreme Court have appeared in the Gonzaga Law Review and in Federalist Society publications. He has worked in law and policy staff positions at the Washington State Senate and at the Discovery Institute's Center for Science & Culture. Mr. Cooper is a 2009 Lincoln Fellow at the Claremont Institute. He also has worked in private practice in the State of Washington, handling civil legal matters involving personal injuries, small business, contracts, and wills, trusts, and estates.
Mr. Cooper earned his B.A. degree in Political Science from Pacific Lutheran University and received his J.D. from Seattle University School of Law.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
Consultant in Media Policy and Law
Jane Mago began her communications law career in 1978 as a staff attorney at the Federal Communications Commission. She stayed at the FCC for more than 26 years, serving in many high level roles, including General Counsel, Chief of Strategic Planning and Policy Analysis, Deputy Chief of the Enforcement Bureau, Chief of Staff for Commissioners Rachelle Chong and Michael Powell, and Legal Advisor to Commissioner Anne Jones. During her FCC career, she also worked as an appellate litigator defending the FCC’s decisions in such matters as Radio and TV Deregulation, Broadcast Indecency and Must-Carry Rules.
Jane joined the National Association of Broadcasters in 2004 where she stayed until retiring in October 2014 as the Executive Vice President and General Counsel. She led the NAB legal team during many significant shifts in the regulatory landscape, including two rounds of review of the broadcast ownership rules.
Jane is a member of the New York Bar. She has an extensive background in appellate litigation and expertise in Constitutional issues (particularly First Amendment matters), FCC ownership rules, political broadcasting, EEO, administrative law, enforcement and licensing matters.
Jane holds BA, MA and JD degrees from the State University of New York at Buffalo.
Associate Professor of Law, St. Thomas University College of Law
Dan Epstein is Vice President at America First Legal and an Associate Professor of Law at St. Thomas University in Miami, Florida. He also advises individuals and small businesses in affirmative and defensive actions against government overreach. Previously, he advised startups on regulatory matters as Director at a venture capital firm. His federal service includes being a Special Assistant to and Senior Associate Counsel to the President and a counsel for the House of Representatives Committee on Oversight and Government Reform. Earlier in his career, Mr. Epstein founded and ran Cause of Action, where he represented clients in government investigations and litigated regulatory, constitutional, political, and public law matters.
He holds a Ph.D. from George Washington University in Political Economy, a J.D. from Emory University School of Law, and a B.A. from Kenyon College. He is active in the Palm Beach community as a member of the Fourth Court of Appeals Judicial Nominating Commission in Florida, a transition team member to Florida Attorney General James Uthmeier, and the Chairman and Trustee of Palm Beach State College.
Associate, Jones Day
Tara Fumerton has a broad range of experience in complex civil litigation, intellectual property law, and corporate internal investigations. Tara has litigated cases in state and federal courts involving class actions, fraud, federal and state False Claims Acts, RICO, patent litigation, and nationwide federal cases consolidated by the Judicial Panel on Multidistrict Litigation (so-called "MDL" cases). For several years, she has represented pharmaceutical companies in lawsuits throughout the country brought by private and government plaintiffs dealing with Medicare, Medicaid, and private insurance reimbursement. With respect to intellectual property law, her experience has primarily involved patent litigation involving semiconductors and semiconductor processing technologies. She also has represented a number of individual and corporate clients in internal and criminal investigations on a diverse range of topics. She has significant experience in managing complex discovery matters; taking, defending, and preparing witnesses for depositions; working with experts; and arguing motions before the court. In addition, she has drafted countless motions of all kinds in state and federal court, including mandamus petitions before the Texas Supreme Court.
Tara is a member of the Illinois Bar Association and The Chicago Bar Association.
The Constitutional Foundations of Intellectual Property: A Natural Rights Perspective
Richard A. Epstein
The Natural Law Approach To Copyrights and Patents One of the major unmarked developments in...
Domestic Convictions for Foreign Violations
Paul James Larkin
Note from the Editor: This article discusses the Lacey Act and argues that its incorporation of...
The Costs of Patent Reform: Early Data and Abuses in the Uneven Playing Field of Post-Issuance Review
Gregory Dolin
Note from the Editor: This article is a critical examination of patent reform. As always,...
The Circuit Splits Are Out There—and the Court Should Resolve Them
Evan D. Bernick
Note from the Editor: This article argues that the U.S. Supreme Court should resolve a...
FCC Preemption of State Restrictions on Government-owned Broadband Networks: An Affront to Federalism
Seth L. Cooper, Randolph May
Note from the Editor: This article is about the Federal Communications Commission’s Order preempting state...
Disparate Regulation of Television Broadcasters Will Harm Local Communities
Jane Mago
Note from the Editor: This article is a discussion about the Federal Communication Commission’s rules...
Supreme Court Review
Austin, TexasConservative & Libertarian Legal Scholarship: Intellectual Property
[Return to Table of Contents] XV. Intellectual Property (See also Section II on Property) Foundational Materials William...
Redressing Politicized Spending
Daniel Z. Epstein
Note from the Editor: This article is about politicized spending in the federal discretionary budget. ...
Illinois Supreme Court Ruling Explores Scope of Second Amendment
Tara A. Fumerton
On September 12, 2013, in People v. Aguilar, the Illinois Supreme Court held that Illinois’s...