Bruce C. Hafen Professor of Law, Brigham Young University, J. Reuben Clark Law School
Partner, Mayer Brown LLP
Howard Waltzman focuses his practice on communications and Internet law and commercial transactions in the United States and other key international markets. He represents some of the nation's leading communications service providers, manufacturers, and trade associations in commercial transactions, as well as in regulatory and legislative matters, including with respect to Internet services, spectrum policy, privacy, video programming, wireline competition, and communications-related homeland security. He also represents investors on these and other communications-related matters.
Howard's experience includes drafting regulatory pleadings, comments and license applications; legislation, Congressional testimony, and legislative history; and commercial agreements. He appears personally before Members of Congress, Cabinet department officials, FCC Commissioners, and key Congressional and FCC staff. Howard also advises clients and assists them in presenting their positions during major FCC rulemakings, throughout the legislative process, and in the context of commercial transactions. He represents clients on matters involving the International Telecommunication Union's rules and procedures.
Prior to joining Mayer Brown in 2007, Howard served as Chief Counsel, Telecommunications and the Internet, for the U.S. House Energy and Commerce Committee (2003-2006) and as Telecommunications Counsel (2001-2003). Prior to working for the House Energy and Commerce Committee, he served as General Counsel for Senator Sam Brownback (1996-2001).
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.
United States House of Representatives, Maryland
The son of immigrants who fled communist Eastern Europe immediately after World War II, Andrew P. Harris, M.D., has spent a lifetime serving his neighbors, country and community. Whether it was as a physician at the prestigious Johns Hopkins Hospital, as a medical officer in the Naval Reserve, as a hard-working state senator, or now as congressman, Andy has made a life by serving others. He is dedicated to making sure every constituent in the 1st Congressional District receives the highest-quality assistance and is well-represented in the halls of Congress.
Serving his neighbors. Andy is a proud father of five children (Joe, Becky, Irene, Jessica and Danny), grandfather of two (Charles, Abigail), and husband to Cookie for over 33 years. Born in working-class Brooklyn in 1957, Andy grew up one of four boys.. He found his calling studying medicine at the Johns Hopkins Hospital in Baltimore, where he continued to practice as an anesthesiologist for over three decades. Obstetric anesthesiology was his subspecialty, and over those years has helped thousands of women through their labor and delivery. For many years, his peers chose him to be named as one of the nation’s “Best Doctors” in his specialty. Recently, Andy still practices at Memorial Hospital in Easton, Maryland.
Serving his country. Answering a recruitment call to fill a critical need for anesthesiologists in the Naval Reserve during the Reagan Administration, Andy volunteered to serve in the military as a medical specialist. He went on to establish and command the Johns Hopkins Medical Naval ReserveUnit. In 1990, his unit was called up to active duty in order to assist with Operation Desert Shield (and later Operation Desert Storm). They took care of active duty military, veterans, and POWs at Bethesda Naval Hospital. Harris reached the rank of Commander (O-5).
Serving his community. Unhappy with the status quo in Annapolis, Harris, a political neophyte, decided to take on the establishment and make a run for the Maryland State Senate in 1998. After winning by an impressive margin, Andy continued to serve as a physician – epitomizing our Founding Fathers' belief in a part-time, citizen legislature. His innovative thinking, devotion to efficient government and dedication to his constituents earned him the “Hero of the Taxpayer” award from the Maryland Taxpayers Association in 2008.
Andy began serving as the Congressman from the beautiful 1st Congressional District of Maryland in 2011. He serves on the Committee on Appropriations and on the following subcommittees: Commerce, Justice, Science, and Related Agencies; Labor, Health and Human Services, Education, and Related Agencies; and Legislative Branch. In his free time, he enjoys spending time on the Chesapeake Bay with his family, and repairing old cars with his sons.
Prof. Jill Levenson is a licensed clinical social worker with more than 20 years experience in the human service field. She began her career as a child protection social worker in Baltimore and has worked in a variety of social service agencies over the years. In addition to teaching at Lynn, she maintains a small psychotherapy practice.
Levenson is also a nationally recognized expert in sexual violence and is frequently quoted in the media. She has testified in front of the Florida, Kansas, Vermont and New Mexico Legislatures and has contributed to an Amicus Brief submitted to the U.S. Supreme Court in the 2002 case of CT v. Doe, which addressed the constitutionality of Megan's Law. Levenson is actively engaged in several research projects funded by the National Institute of Justice, and serves on the editorial board of “Sexual Abuse: Journal of Research and Treatment.”
Stefan Marculewicz is a Shareholder in the Washington, DC office of Littler Mendelson, P.C., and focuses his legal practice on traditional labor law matters, international labor law and standards, and non-traditional worker representation.
Jennifer Thomas is an Associate in the Washington, DC office of Littler Mendelson, P.C. where she concentrates her practice in the areas of labor and employment law.
Partner, Cooley
Rob McDowell advises telecommunications, media and technology clients on their most significant regulatory, legal and business matters. As a former commissioner of the Federal Communications Commission (FCC) and a highly regarded industry leader, Rob has been at the forefront of the most complex and groundbreaking issues facing telecommunications.
Mr. McDowell was first appointed to the FCC by President George W. Bush in 2006 and again by President Obama in 2009. He was unanimously confirmed both times by the US Senate. During his tenure, Mr. McDowell led efforts to expand consumer access to spectrum through his work on the two largest wireless auctions in US history at the time, played a key role in the 2009 digital television transition and led efforts to establish the first federal civil rights rule in a generation by creating a ban on racially discriminatory practices in broadcast advertising. He also worked extensively on several large and complex mergers, including Sirius/XM and Comcast/NBC-Universal.
He is an advocate for internet freedom, serving on the US delegation to the 2012 World Conference on International Telecommunications and exposing an international bid to regulate vital aspects of the Internet through multilateral treaty-based organizations. Mr. McDowell authored an op-ed in the Wall Street Journal opposing multilateral internet regulation that led to a resolution passed unanimously in the House and Senate, as well as the ultimate defeat of the international bid at a treaty negation in Dubai later that year.
Prior to the FCC, Mr. McDowell was senior vice president for CompTel, the Competitive Telecommunications Association, where he led advocacy efforts before several government agencies, the White House and Congress.
Mr. McDowell is often called upon for speaking engagements and frequently appears on TV and radio. He has written opinion pieces for many high-profile publications, including the Wall Street Journal and Washington Post.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Judge, United States Court of Appeals, 8th Circuit
Leonard Steven Grasz is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Eighth Circuit.
A graduate of the University of Nebraska–Lincoln and the University of Nebraska College of Law, Grasz spent eleven years as the state of Nebraska's Chief Deputy Attorney General. He was a senior partner at the law firm of Husch Blackwell prior to his appointment to the federal judiciary.
Investigative Counsel, U.S. House Committee on Education and the Workforce
Kent Talbert is a Washington, DC-based attorney with over 25 years’ experience in providing advice on education law and policy in Congress, the U.S. Department of Education, and the private sector. His practice includes legal and policy advice to colleges and universities, for-profit schools, accrediting agencies, the pre-K-12 sector, charter school organizations, trade associations, and education-focused companies, as well as service as an expert witness. He currently serves as Investigative Counsel, U.S. House Committee on Education and the Workforce.
Prior to establishing his firm, Mr. Talbert practiced at Talbert & Eitel, PLLC from 2010-2012. From 2006-2009 he served as General Counsel of the U.S. Department of Education, advising the Secretary of Education on a broad range of legal and policy matters, including the reauthorization of the Higher Education Act of 1965, the drafting and implementation of regulations under the No Child Left Behind Act of 2001, and major education law cases pending before the Supreme Court of the United States and other appellate and trial courts. During his tenure as General Counsel, Mr. Talbert served as the Chief Regulatory Officer for the Department, overseeing all documents for publication in the Federal Register.
He has provided legal and strategic advice on the No Child Left Behind Act of 2001, the Higher Education Opportunity Act of 2008, the Ensuring Continued Access to Student Loans Act of 2008, the Freedom of Information Act (FOIA), the Family Educational Rights and Privacy Act (FERPA), the Rehabilitation Act of 1973, the Americans With Disabilities Act, Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), Federal Student Aid program reviews, negotiated rulemaking, and accreditation.
Prior to his service as General Counsel, Mr. Talbert served as the Department's Deputy General Counsel for Departmental and Legislative Service from 2001-2006. Earlier in his career, Mr. Talbert served for over 12 years on House and Senate staff, both as Education Policy Counsel for the Committee on Education and the Workforce in the U.S. House of Representatives, and as a professional staff member of the Committee on Labor and Human Resources (now Committee on Health, Education, Labor, and Pensions) in the U.S. Senate.
Mr. Talbert is a member of the Bars of the District of Columbia and South Carolina, the Alliance of Public Charter School Attorneys, and the National Association of College and University Attorneys where he serves on the Committee on Legal Education. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Fourth Circuit, and all federal courts in South Carolina and Washington, DC.
Co-Founder and President, Defense of Freedom Institute
Bob is a co-founder and President of DFI. He previously served as Senior Counselor to the Secretary of Education from 2017 through 2020 and Deputy General Counsel of the U.S. Department of Education from 2005 until 2009.
During his most recent tenure at the Department, Bob served on the Secretary’s Leadership Team as a strategic and legal adviser on higher education, civil rights, and congressional oversight matters. As the Department’s Regulatory Reform Officer, he also supervised the implementation of the Secretary’s regulatory agenda and was an architect of the Secretary’s reforms concerning Title IX and the Higher Education Act. As Deputy General Counsel, Bob advised on a wide variety of regulatory, legislative, and oversight matters.
Prior to joining the Department in 2017, Bob was vice president for regulatory compliance matters for several postsecondary institutions and practiced education and employment law in Washington, D.C. Before coming to the Department in 2005, he practiced law in New Orleans, litigating commercial, employment, and bankruptcy cases in Louisiana, Texas, and Mississippi.
Bob earned his A.B. in History from Georgetown University, studied British government and international politics at the London School of Economics and Political Science, and received his law degree from Tulane University Law School. His articles have been published by National Review, Real Clear Education, Washington Examiner, and other media outlets. Fox News has featured his work.
Bob is a member of the District of Columbia and Louisiana Bars and the Federalist Society for Law and Public Policy Studies.
Trustees Professor of Law, Capital University Law School
Professor Mark P. Strasser has been named Trustees Professor of Law at Capital University Law School. This appointment recognizes Professor Strasser's extraordinary and sustained commitment to legal scholarship. Nationally recognized for his scholarship in family law, Professor Strasser is the author of numerous books and articles in the areas of family law, bioethics, and constitutional law. His most recent books include On Same-Sex Marriages, Civil Unions, and the Rule of Law: Constitutional Interpretation at the Crossroads (Praeger Publishers/Greenwood Publishing Group, 2002), Marriage and Same-Sex Unions: A Debate (Praeger Publishers, 2003), co-edited with Lynn Wardle, David Coolidge and William Duncan and Questions and Answers: Family Law (LexisNexis, 2003). Professor Strasser frequently presents papers at conferences across the country and internationally. His recent lectures have taken place at New York University Law School; the International Lesbian and Gay Law Association Conference in Turin, Italy; the Medical College of Wisconsin; Queen's University in Kingston, Canada; the University of Texas at Austin; Brigham Young University Law School; and Albany Law School. He also spoke before the Vermont House Judiciary Committee on interstate implications of Vermont recognizing same-sex marriages or domestic partnerships.
Professor Strasser is a former professor of philosophy and taught at Illinois State University, University of Texas at Arlington, and Washington University in St. Louis. A member of Capital University Law School's faculty since 1993, Professor Strasser teaches Constitutional Law, Torts, Family Law, Jurisprudence, and a seminar on Sexual Diversity and the Law. Professor Strasser was the Visiting Tyler Haynes Chair Professor of Law at the University of Richmond School of Law in 2001 and a Visiting Professor of Law at the University of Maryland School of Law during the 1999-2000 academic year.
“Conscience Exemptions”
Lynn Wardle
Note from the Editor: This paper discusses the meaning, history, and present application of conscience...
The Telecommunications Act of 1996 in the Twenty-first Century
Howard Waltzman
I. Introduction Prior to 1996, local telephony was perceived to be a natural monopoly, subjecting...
An Exchange Over The Sex Offender Registration and Notification Act (SORNA)
John G. Malcolm, Andrew P. Harris, Jill Levenson
The Sex Offender Registration and Notification Act: A Sensible and Workable Law that Helps Keep...
Labor Organizations by Another Name: The Worker Center Movement and its Evolution into Coverage under the NLRA and LMRDA
Stefan J. Marculewicz, Jennifer Thomas
I. Introduction The labor union, the primary collective advocate for workers’ rights in the United...
A U.N. Regulated Internet? The Case for Defending Against Persistent Intergovernmental Threats to Internet Freedom
Robert M. McDowell
Note from the Editor: The author has adapted this paper from testimony before the U.S....
Criminal Jurisdiction of Indian Tribes: Should Non-Indians Be Subject to Tribal Criminal Authority Under VAWA?
Thomas F. Gede
Ever since the U.S. Supreme Court issued its 1978 decision in Oliphant v. Suquamish Tribe,1...
School Discipline and Disparate Impact
John R. Martin
Note from the Editor: This paper analyzes the U.S. Department of Education’s proposed use of...
Judicial Selection in Nebraska
Steven Grasz
The Federalist Society for Law and Public Policy Studies is an organization of 40,000 lawyers,...
The Road to a National Curriculum: The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers
Kent D. Talbert, Robert S. Eitel
Note from the Editor: This paper examines the U.S. Department of Education’s administration of the...
Perry, Same-Sex Marriage, and Federal Constitutional Guarantees
Mark P. Strasser
Note from the Editor: This article and the article in this issue by George W....