Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
General Counsel, Department of the Army
Mr. Benedict S. Cohen was appointed by President Bush to serve as the General Counsel for the Department of the Army effective on August 4, 2006. Mr. Cohen has twenty years of experience in high-level positions across the federal government, with a principal focus on national security and foreign policy. Prior to his current position, he served as the Managing Executive for Policy and Counselor to Chairman Cox at the U.S. Securities and Exchange Commission, where he focused on legal and policy issues facing the agency and enhancing the Commission’s crisis-management and homeland-security capabilities. Prior to taking this position, he served as staff director of the Committee on Homeland Security of the U.S. House of Representatives, where he managed the transition from select committee to full standing committee status and the passage of authorization legislation for the Department of Homeland Security and of legislation reforming DHS’ homeland security grant program.
Mr. Cohen has also served as Deputy General Counsel (Environment & Installations) for the Defense Department, in which capacity he spearheaded DoD’s Readiness and Range Preservation Initiative, a multifaceted legislative, regulatory, and resource-management program to ensure sustainability of the military’s test and training capabilities and foster better environmental stewardship. He also provided legal support for DoD’s installation initiatives, and served as a principal spokesman for the Department on environmental and installations issues. He has also served in senior positions in the White House Counsel’s Office, the congressional leadership staff, and the Department of Justice, as well as serving in two law firms.
Mr. Cohen graduated from Yale magna cum laude in 1980 with a B.A. in history, and from the University of Chicago Law School in 1983, having served as an Associate Editor of the Law Review. He clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit. He lives in American University Park in Washington, D.C. His wife is an attorney in private practice. He has two children, aged eight and ten.
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