Professor of Law and J. Philip Johnson Faculty Fellow, University of North Dakota School of Law
Michael S. McGinniss is Professor of Law and J. Philip Johnson Faculty Fellow at the University of North Dakota School of Law, where he joined the faculty in 2010 and served as the Dean from 2019 to 2022. He chairs the executive committee for the Federalist Society's Practice Group on Professional Responsibility and Legal Education.
Before entering the legal academy, Professor McGinniss served for twelve years as a Disciplinary Counsel for the Supreme Court of Delaware. He currently teaches courses on Professional Responsibility, Advanced Legal Ethics, Civil Procedure, and Federal Courts. He also serves as Faculty Advisor for the North Dakota Law Review and the UND Law Federalist Society student chapter.
Professor McGinniss’ research and scholarship interests are wide-ranging and include lawyer and judicial ethics, lawyer discipline and regulation of the profession, constitutional law (especially First Amendment, separation of powers, and federalism), and cultural challenges faced by conservatives in the law schools and the legal profession. His most recent law review article, Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct, was published in the Federalist Society Review. His article Expressing Conscience with Candor: Saint Thomas More and First Freedoms in the Legal Profession, was published in the Harvard Journal of Law & Public Policy.
Professor McGinniss has spoken to Federalist Society lawyer and student chapters across the country about judicial independence and ethics, especially relating to the federal courts and the United States Supreme Court Justices. In addition, he has spoken to several chapters about rising challenges to ideological diversity and targeting of conservative viewpoints in law schools and the legal profession. Although he is very pleased to speak on these and many other topics that may be of interest to lawyer and student chapters, in 2026-2027, he has particular interest in speaking on the topic “Lawyer Discipline as Political ‘Resistance’: Separation of Powers, Federalism, and the Rule of Law,” concerning his work-in-progress on the weaponization of professional disciplinary processes against conservative lawyers for political and ideological purposes.
Professor of Law, Notre Dame Law School
Professor Derek Muller is a nationally-recognized scholar in the field of election law. His research focuses on the role of states in the administration of federal elections, the constitutional contours of voting rights and election administration, the limits of judicial power in the domain of elections, and the Electoral College.
He has published more than two dozen academic works, and his op-eds have appeared in the New York Times, the Los Angeles Times, and the Wall Street Journal. He has testified before Congress, and he is a contributor at the Election Law Blog. He is a co-author on a Federal Courts casebook published by Carolina Academic Press. He is also the co-reporter on a new Restatement of the Law, Election Litigation, an effort led by the American Law Institute.
Professor Muller teaches Election Law, Civil Procedure, and Evidence.
Harold Washington Professor of Law, Northwestern University Pritzker School of Law
Daniel B. Rodriguez, the Harold Washington Professor at the Law School, served as dean of the Law School from January 2012 through August 2018.
His principal academic work is in the areas of administrative law, local government law, statutory interpretation, federal and state constitutional law, and the law-business-technology interface.
Formerly, Professor Rodriguez served as Minerva House Drysdale Regents Chair in Law at the University of Texas-Austin; as a Research Fellow at Rice University’s Baker Institute for Public Policy; as Dean and Warren Distinguished Professor of Law at the University of San Diego School of Law; and, as a Professor of Law at University of California, Berkeley School of Law. He has also served as a visiting professor at several top law schools, including Stanford, Harvard, Columbia, University of Southern California, and Virginia.
Professor Rodriguez was the 2014 President of the Association of American Law Schools (AALS) and is currently serving as chair of the council of the American Bar Association Center for Innovation, a council member of the American Law Institute, and as an advisor to ROSS Intelligence, Inc.
Rodriguez received his law degree, with honors, from Harvard Law School and his undergraduate degree from California State University of Long Beach.
Shareholder, Webber & Thies PC
Mr. Thies has litigated complex commercial disputes and defended class actions throughout the state of Illinois, and in federal courts across the country, including the First, Second, Seventh, and Tenth Circuits. He has represented clients in numerous trials and arbitrations, including serving as part of a trial team winning a $64 million judgment after a jury verdict in the Northern District of New York.
Prior to joining Webber & Thies, Mr. Thies was an associate at Sidley Austin LLP (2013-2018) and clerked for Chief Judge James F. Holderman of the United States District Court for the Northern District of Illinois (2011-2013) and for Judge Jerry Smith of the United States Court of Appeals for the Fifth Circuit (2010-2011).
Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law, Columbia Law School
The director of the Center for International Commercial & Investment Arbitration at Columbia Law School, George A. Bermann ’75 LL.M. is a world-renowned authority on comparative law, EU law, international trade contracts, WTO dispute resolution, and transnational litigation and arbitration. For more than four decades, he has been an active international arbitrator in commercial and investment disputes in all sectors, including general commercial contract, construction, intellectual property, energy, oil and gas, competition law, insurance, telecommunications, pharmaceuticals, distributorship and franchising, transportation, and employment. He also serves regularly as an expert witness before international arbitral tribunals as well as before courts in arbitral-related cases.
Bermann joined the Columbia Law School faculty in 1975. He founded both the Columbia Journal of European Law and the European Legal Studies Center, where he serves as the director. In addition to teaching full-time at the Law School, he is an affiliated faculty member of the School of Law of Sciences Po in Paris and the MIDS Masters Program in International Dispute Settlement in Geneva.
Bermann was the chief reporter for the American Law Institute (ALI) for its Restatement of the Law, The U.S. Law of International Commercial and Investor-State Arbitration, a 12-year project that was completed in 2019; it was the first ALI Restatement on this area of the law. Bermann is also co-author of the UNCITRAL Guide to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, chair of the Global Advisory Board of the New York International Arbitration Center (NYIAC), co-editor in chief of the American Review of International Arbitration, and founding member of the governing body of the ICC Court of Arbitration and a member of its standing committee.
Associate Dean for Research Helen Strong Curry Chair in International Law Director, Cecil D. Branstetter Litigation & Dispute Resolution Program, Vanderbilt Law School
Ingrid Wuerth is a leading scholar of foreign affairs, public international law and transnational litigation. She joined Vanderbilt’s law faculty in 2007, was appointed director of the International Legal Studies Program in 2009, and was appointed director of the Branstetter Litigation & Dispute Resolution Program in 2018. She was named to the newly endowed Helen Strong Curry Chair in International Law in 2015. Professor Wuerth has served on the board of editors of the American Journal of International Law and on the State Department’s Advisory Committee on Public International Law. She is a member of the American Law Institute and was named as a Reporter for the Restatement (Fourth) of the Foreign Relations Law of the United States. She has received numerous honors and fellowships, including the Morehead Scholarship at the University of North Carolina at Chapel Hill, a Fulbright Senior Scholar award, the German Chancellor's Fellowship, election to the German Society of International Law, election to the Order of the Coif and many teaching awards. She clerked for Judge Jan E. DuBois in the Eastern District of Pennsylvania and for Judge Jane Roth on the U.S. Court of Appeals for the Third Circuit. The class of 2018 elected Professor Wuerth to give the commencement address. She is a contributing editor at Lawfare.
Maurice A. Deane Distinguished Professor of Constitutional Law and Faculty Director of International Programs, Hofstra University School of Law
Professor Ku’s primary research interest is the relationship of international law to constitutional law. He has also conducted academic research on a wide range of topics including international dispute resolution, international criminal law, and China’s relationship with international law. He teaches courses such as U.S. constitutional law, U.S. foreign affairs law, transnational law, and international trade and business law. Since 2014, he has served as the faculty director of international programs, overseeing Hofstra Law’s study abroad, exchange and LL.M. programs. Professor Ku also teaches Constitutional Law in our online degree programs: Master of Laws in American Law and Master of Arts in American Legal Studies. He has also been selected as the John DeWitt Gregory Research Scholar and as a Hofstra Law Research Fellow. He is a member of the American Law Institute.
He is the co-author, with John Yoo, of Taming Globalization: International Law, the U.S. Constitution, and the New World Order (Oxford University Press 2012). He also has published more than 40 law review articles, book chapters and symposia essays. He has given dozens of academic lectures and workshops at major universities and conferences in the United States, Europe and Asia.
He co-founded the leading international law weblog Opinio Juris, which is read daily by thousands worldwide. His essays and op-eds have been published in major news publications such as the Wall Street Journal, the Los Angeles Times, and the NYTimes.com. He has been frequently interviewed for television news programs and quoted in print and electronic media. He has also signed or submitted amicus briefs to national and international courts and served as an expert witness in both domestic and international proceedings.
Before joining the Hofstra Law faculty, Professor Ku served as a law clerk to the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and as an Olin Fellow and Lecturer in Law at the University of Virginia Law School. Professor Ku also practiced as an associate at the New York City law firm of Debevoise & Plimpton, specializing in litigation and arbitration arising out of international disputes. He has been a visiting professor at the College of William & Mary Marshall- Wythe School of Law in Williamsburg, Virginia; a Fulbright Distinguished Lecturer in Law at East China University of Political Science and Law in Shanghai, China; and a Taiwan Fellow at National Taiwan University in Taipei, Taiwan. He is a member of the New York Bar and a graduate of Yale College and Yale Law School.
John C. Jeffries, Jr., Distinguished Professor of Law, University of Virginia School of Law
Paul B. Stephan is an expert on international business, international dispute resolution and comparative law, with an emphasis on Soviet and post-Soviet legal systems. In addition to writing prolifically in these fields, Stephan has advised governments and international organizations, taken part in cases in the Supreme Court of the United States, the federal courts, and various foreign judicial and arbitral proceedings, and lectured to professionals and scholarly groups around the world on issues raised by the globalization of the world economy. During 2006-07, he served as counselor on international law in the U.S. Department of State, and in 2020-21 as special counsel to the general counsel in the Department of Defense. He was a coordinating reporter for the American Law Institute’s Restatement (Fourth) of the Foreign Relations Law of the United States.
Stephan received his B.A. and M.A. from Yale University in 1973 and 1974, respectively, and his J.D. from the University of Virginia in 1977. Before returning to Virginia, he clerked for Judge Levin Campbell of the U.S. Court of Appeals for the First Circuit and for U.S. Supreme Court Justice Lewis F. Powell Jr. He has taught as a visiting professor at the Moscow State Institute for International Relations, the University of Vienna, Münster University, Lausanne University, Melbourne University, University of Pantheon-Assas (Paris II), Sciences Po, Paris I, the Interdisciplinary Centre Herzliya, Sydney University, the Peking University School of Transnational Law in Shenzhen, China, the University of Tartu’s Pärna College, and Liverpool University. He also has visited at Columbia Law School and Duke Law School, and served as a scholar in residence in the London office of Wilmer Hale.
After the collapse of the Soviet Union, Stephan took part in a variety of projects involving law reform in former socialist states. He worked in Russia, Georgia, Ukraine, Albania and Slovakia on behalf of the U.S. Treasury and in Kazakhstan and Azerbaijan on behalf of the International Monetary Fund. He also organized training programs for tax administrators and judges from all of the formerly socialist countries under the auspices of the Organization for Economic Cooperation and Development. His casebooks on international business, international trade and investment, and Doing Business in Emerging Markets are used at law schools both in the United States and abroad. He is the co-author, with Robert Scott, of The Limits of Leviathan: Contract Theory and the Enforcement of International Law (Cambridge University Press, 2006), and the author of The World Crisis and International Law: The Knowledge Economy and the Battle for the Future (2023). His current research focuses on the legal issues related to the Russian invasion of Ukraine and legal responses to the rise of big data.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Antonin Scalia Professor of Law, Harvard Law School
Stephen E. Sachs is the Antonin Scalia Professor of Law at Harvard Law School, where he teaches civil procedure, conflict of laws, and seminars on constitutional law. His research focuses on the law and theory of constitutional interpretation, the jurisdiction of state and federal courts, the history of procedure and private law, and the role of the general common law in the U.S. legal system.
Sachs has authored numerous articles, essays, and book chapters. He is an elected member of the American Law Institute, an adviser to the ALI’s project on the Restatement of the Law (Third), Conflict of Laws, a former member of the Judicial Conference’s Advisory Committee on Appellate Rules, and a founding member of the Academic Freedom Alliance.
In 2020, Sachs received the Federalist Society’s Joseph Story Award, which recognizes a young academic who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact in a manner that advances the rule of law in a free society.
Sachs previously taught at Duke University School of Law and as a visiting professor at the University of Chicago Law School. Before entering academia, he practiced in the Washington, D.C., litigation group of Mayer Brown LLP, and he clerked for Chief Justice John G. Roberts Jr. as well as for Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit.
Sachs received his J.D. from Yale Law School, where he was executive editor of the Yale Law Journal and served both as executive editor and articles editor of the Yale Law & Policy Review. A Rhodes Scholar, he graduated from Oxford University with a first-class BA (Hons) degree in philosophy, politics, and economics. He received his A.B. degree summa cum laude in history from Harvard University, earning the Sophia Freund Prize.
Sachs is a licensed attorney in Massachusetts and the District of Columbia, and he is authorized to practice before the D.C. Circuit, the Second Circuit, the Seventh Circuit, and the Supreme Court of the United States.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Former Chief Judge, U.S. Court of Federal Claims
Judge Braden was appointed to the United States Court of Federal Claims on July 14, 2003, by President George W. Bush, after being confirmed by unanimous consent of the United States Senate. She was sworn into office by Senator Jeff Sessions. Her investiture was conducted on October 24, 2003 by Justice Sandra Day O’Connor and Justice Ruth Bader Ginsburg.
On January 28, 2015, Judge Braden was appointed by the American Law Institute as one of seven Judicial Advisors to the Restatement of the Law on Copyright. In 2013, Judge Braden was appointed to the Judges Special Committee of the American Intellectual Property Law Association and was named as Chair of the Intellectual Property Committee of the Advisory Council of the United States Court of Federal Claims. On March 23, 2012, Judge Braden received the Linn Inn Alliance Distinguished Service Medal at the New York Intellectual Property Lawyers Association Annual Dinner for her work with the American Inns of Court, dedicated to intellectual property law. On February 7, 2012, Judge Braden was appointed as Chair of the American Bar Association’s Section of Intellectual Property Law Task Force to consider how to more efficiently adjudicate "small" patent infringement cases. During 2010-2011, Judge Braden served as President of the Giles S. Rich American Inn of Court, which is affiliated with the United States Court of Appeals for the Federal Circuit. She was recognized at a ceremony in the United States Supreme Court in November 2011, when she received the American Inns of Court’s Platinum Distinction Award. Judge Braden also served as a Member of the Editorial Board of the American Intellectual Property Law Association.
In July 2009, Judge Braden was appointed as a Member of the Standing Committee on Ethics and Professional Responsibility-Judges Advisory Committee to the American Bar Association, on which she served until 2012. On February 14, 2007, Judge Braden was elected as a Member of the American Law Institute and was active in drafting Restatement of Law Third, Restitution and Unjust Enrichment. On October 22, 2004, she was inducted as a Senior Fellow of the ABA’s Administrative Law and Regulatory Section by Justice O’Connor at a ceremony held at the United States Supreme Court.
Prior to joining the bench, Judge Braden litigated complex federal and administrative law cases in private practice in trial and appellate courts. In particular, her work in the intellectual property area received favorable notice in the Wall Street Journal, New York Times, National Law Journal, and the Journal of the American Bar Association, and was featured in Interfaces on Trial: Intellectual Property and Interoperability In The Global Software Industry. In 1996, Judge Braden was honored by the Computer Law Association for winning multiple decisions in the Eastern District of New York, the Eastern District of Texas, the Second Circuit, and a certified question to the Supreme Court of Texas in Computer Assocs. Int’l, Inc. v. Altai Inc., a landmark case that changed the application of copyright law to computer software. In 1998, she also won a companion case brought in France before the Cour de Appel de Paris.
In private practice, Judge Braden represented a wide variety of client interests before almost every major department and federal agency, testified before the United States Congress on a variety of matters, and was a principal lobbyist for the Emergency Oil and Steel Loan Guarantee Act of 1999, that established a $1 billion federal loan guarantee program to assist bankrupt and troubled steel mills and small oil companies.
Judge Braden received a B.A. degree (1970) and J. D. degree (1973) from Case Western Reserve University in Cleveland, Ohio. She also attended post graduate courses at the Harvard Law School in the summer of 1978.
National Affairs Columnist, National Review
John Fund is National Affairs Columnist for National Review magazine and a on-air analyst on the Fox News Channel. He is considered a notable expert on American politics and the nexus between politics and economics.
He previously served as a columnist and editorial board member for The Wall Street Journal. He is the author of several books, including Who's Counting: Bow Fraudsters and Bureaucrats Put Your Vote At Risk (Encounter Books, 2012); Stealing Elections: How Voter Fraud Threatens Our Democracy (Encounter Books, 2008) and The Dangers of Regulation Through Litigation (ATRA Press, 2008). He worked as a research analyst for the California Legislature in Sacramento before beginning his journalism career as a reporter for the syndicated columnists Rowland Evans and Robert Novak.
Roll Call, the newspaper of Capitol Hill, called him "the Tom Paine of the modern Congressional reform movement." He has won awards from the Institute for Justice, The School Choice Aliance and the Warren Brooks award for journalistic excellence from the American Legislative Exchange Council.
Partner, Shook, Hardy & Bacon LLP
Victor Schwartz chairs the firm's Public Policy Practice Group, which focuses on integrating litigation, government affairs and public relations. The group seeks to be the vanguard of developing public policy issues that will help improve our civil justice system. Mr. Schwartz also has an active appellate practice and advises product manufacturers on liability prevention, litigation and public relations issues.
Sought by print and broadcast media, Mr. Schwartz is frequently quoted in The Wall Street Journal, The Washington Post and The New York Times. He has appeared on Oprah, 60 Minutes and leading news programs. The Legal Times of Washington has named Mr. Schwartz one of Washington’s Top 30 “Visionary” lawyers, and The National Law Journal named Mr. Schwartz one of the 100 most influential lawyers in the United States in March 2013.
Mr. Schwartz is on the Board of Directors of the Searle Civil Justice Institute at George Mason University School of Law. He is a frequent participant in judicial education programs. Mr. Schwartz serves as General Counsel to the American Tort Reform Association.
Prior to entering the full time practice of law, Mr. Schwartz was a professor and dean at the University of Cincinnati College of Law. He currently serves on the College’s Board of Visitors. In 2012, the College established the Professor Victor E. Schwartz Chair in Tort Law.
Mr. Schwartz, while at the U.S. Department of Commerce, served as chair of the Federal Inter-Agency Task Force on Product Liability, and the Federal Inter-Agency Council on Insurance. He was the principal author of the Uniform Product Liability Act and the Federal Risk Retention Act. He received the Secretary of Commerce’s Award for Professional Excellence.
Mr. Schwartz is co-author of the most widely used torts casebook in the United States, Prosser, Wade and Schwartz’s Torts (12th ed. 2010). He is author of the leading text Comparative Negligence (5th ed. 2010).
Mr. Schwartz has been an advisor for each of the American Law Institute’s (ALI) Restatement (Third) of Torts projects; Products Liability, Apportionment of Liability, and Liability for Physical Injury and Emotional Harm. He is a life member of the ALI.
Mr. Schwartz’s law review articles have analyzed almost every major subject of modern tort and civil justice public policy issues. His articles are frequently cited by both state and federal courts.
Partner, WilmerHale and former United States Solicitor General
Universally considered to be among the country's premier Supreme Court and appellate advocates, Seth Waxman served as Solicitor General of the United States from 1997 through January 2001. In addition to leading the firm's appellate practice, Mr. Waxman engages in a broad litigation and counseling practice, with particular emphasis on complex challenges involving governments or public policy, intellectual property, regulatory, criminal and commercial issues.
A Fellow of the American College of Trial Lawyers, Mr. Waxman also is a widely respected trial litigator. In January 2016, The American Lawyer named him "Litigator of the Year." Mr. Waxman was also named Appellate/Litigation "Lawyer of the Year" for 2018, Litigation - Intellectual Property "Lawyer of the Year" for 2016 and Litigation - First Amendment Law and Regulatory Enforcement Law "Lawyer of the Year" for 2015 by Best Lawyers in America, and, in 2014, Super Lawyers deemed him the "number one" lawyer in Washington DC. Mr. Waxman has been accorded both "star" rating by Chambers USA and "leading lawyer" ranking in PLC's Global Counsel Handbook.
Mr. Waxman's practice spans both federal and state trial and appellate courts. He has delivered 80 oral arguments in the United States Supreme Court and many more in the lower federal and state courts. Mr. Waxman's clients range from financial institutions to technology, consumer, industrial and media companies, universities and Indian tribes, and he leads the firm's efforts to counsel tribal governments. He also represents a number of local, state and national governments and prominent business and government executives and professionals. The recipient of numerous professional awards and honors, Mr. Waxman is among a small handful of practicing attorneys elected to the American Academy of Arts and Sciences. He holds several honorary degrees, as well as the Jefferson Medal in Law, an honor awarded once a year and only rarely to an attorney in private practice. In recognition of exceptional service to law enforcement, Mr. Waxman holds the extraordinary status of permanent honorary Special Agent of the Federal Bureau of Investigation.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Former Chief Judge, U.S. Court of Federal Claims
Judge Braden was appointed to the United States Court of Federal Claims on July 14, 2003, by President George W. Bush, after being confirmed by unanimous consent of the United States Senate. She was sworn into office by Senator Jeff Sessions. Her investiture was conducted on October 24, 2003 by Justice Sandra Day O’Connor and Justice Ruth Bader Ginsburg.
On January 28, 2015, Judge Braden was appointed by the American Law Institute as one of seven Judicial Advisors to the Restatement of the Law on Copyright. In 2013, Judge Braden was appointed to the Judges Special Committee of the American Intellectual Property Law Association and was named as Chair of the Intellectual Property Committee of the Advisory Council of the United States Court of Federal Claims. On March 23, 2012, Judge Braden received the Linn Inn Alliance Distinguished Service Medal at the New York Intellectual Property Lawyers Association Annual Dinner for her work with the American Inns of Court, dedicated to intellectual property law. On February 7, 2012, Judge Braden was appointed as Chair of the American Bar Association’s Section of Intellectual Property Law Task Force to consider how to more efficiently adjudicate "small" patent infringement cases. During 2010-2011, Judge Braden served as President of the Giles S. Rich American Inn of Court, which is affiliated with the United States Court of Appeals for the Federal Circuit. She was recognized at a ceremony in the United States Supreme Court in November 2011, when she received the American Inns of Court’s Platinum Distinction Award. Judge Braden also served as a Member of the Editorial Board of the American Intellectual Property Law Association.
In July 2009, Judge Braden was appointed as a Member of the Standing Committee on Ethics and Professional Responsibility-Judges Advisory Committee to the American Bar Association, on which she served until 2012. On February 14, 2007, Judge Braden was elected as a Member of the American Law Institute and was active in drafting Restatement of Law Third, Restitution and Unjust Enrichment. On October 22, 2004, she was inducted as a Senior Fellow of the ABA’s Administrative Law and Regulatory Section by Justice O’Connor at a ceremony held at the United States Supreme Court.
Prior to joining the bench, Judge Braden litigated complex federal and administrative law cases in private practice in trial and appellate courts. In particular, her work in the intellectual property area received favorable notice in the Wall Street Journal, New York Times, National Law Journal, and the Journal of the American Bar Association, and was featured in Interfaces on Trial: Intellectual Property and Interoperability In The Global Software Industry. In 1996, Judge Braden was honored by the Computer Law Association for winning multiple decisions in the Eastern District of New York, the Eastern District of Texas, the Second Circuit, and a certified question to the Supreme Court of Texas in Computer Assocs. Int’l, Inc. v. Altai Inc., a landmark case that changed the application of copyright law to computer software. In 1998, she also won a companion case brought in France before the Cour de Appel de Paris.
In private practice, Judge Braden represented a wide variety of client interests before almost every major department and federal agency, testified before the United States Congress on a variety of matters, and was a principal lobbyist for the Emergency Oil and Steel Loan Guarantee Act of 1999, that established a $1 billion federal loan guarantee program to assist bankrupt and troubled steel mills and small oil companies.
Judge Braden received a B.A. degree (1970) and J. D. degree (1973) from Case Western Reserve University in Cleveland, Ohio. She also attended post graduate courses at the Harvard Law School in the summer of 1978.
National Affairs Columnist, National Review
John Fund is National Affairs Columnist for National Review magazine and a on-air analyst on the Fox News Channel. He is considered a notable expert on American politics and the nexus between politics and economics.
He previously served as a columnist and editorial board member for The Wall Street Journal. He is the author of several books, including Who's Counting: Bow Fraudsters and Bureaucrats Put Your Vote At Risk (Encounter Books, 2012); Stealing Elections: How Voter Fraud Threatens Our Democracy (Encounter Books, 2008) and The Dangers of Regulation Through Litigation (ATRA Press, 2008). He worked as a research analyst for the California Legislature in Sacramento before beginning his journalism career as a reporter for the syndicated columnists Rowland Evans and Robert Novak.
Roll Call, the newspaper of Capitol Hill, called him "the Tom Paine of the modern Congressional reform movement." He has won awards from the Institute for Justice, The School Choice Aliance and the Warren Brooks award for journalistic excellence from the American Legislative Exchange Council.
Partner, Shook, Hardy & Bacon LLP
Victor Schwartz chairs the firm's Public Policy Practice Group, which focuses on integrating litigation, government affairs and public relations. The group seeks to be the vanguard of developing public policy issues that will help improve our civil justice system. Mr. Schwartz also has an active appellate practice and advises product manufacturers on liability prevention, litigation and public relations issues.
Sought by print and broadcast media, Mr. Schwartz is frequently quoted in The Wall Street Journal, The Washington Post and The New York Times. He has appeared on Oprah, 60 Minutes and leading news programs. The Legal Times of Washington has named Mr. Schwartz one of Washington’s Top 30 “Visionary” lawyers, and The National Law Journal named Mr. Schwartz one of the 100 most influential lawyers in the United States in March 2013.
Mr. Schwartz is on the Board of Directors of the Searle Civil Justice Institute at George Mason University School of Law. He is a frequent participant in judicial education programs. Mr. Schwartz serves as General Counsel to the American Tort Reform Association.
Prior to entering the full time practice of law, Mr. Schwartz was a professor and dean at the University of Cincinnati College of Law. He currently serves on the College’s Board of Visitors. In 2012, the College established the Professor Victor E. Schwartz Chair in Tort Law.
Mr. Schwartz, while at the U.S. Department of Commerce, served as chair of the Federal Inter-Agency Task Force on Product Liability, and the Federal Inter-Agency Council on Insurance. He was the principal author of the Uniform Product Liability Act and the Federal Risk Retention Act. He received the Secretary of Commerce’s Award for Professional Excellence.
Mr. Schwartz is co-author of the most widely used torts casebook in the United States, Prosser, Wade and Schwartz’s Torts (12th ed. 2010). He is author of the leading text Comparative Negligence (5th ed. 2010).
Mr. Schwartz has been an advisor for each of the American Law Institute’s (ALI) Restatement (Third) of Torts projects; Products Liability, Apportionment of Liability, and Liability for Physical Injury and Emotional Harm. He is a life member of the ALI.
Mr. Schwartz’s law review articles have analyzed almost every major subject of modern tort and civil justice public policy issues. His articles are frequently cited by both state and federal courts.
Partner, WilmerHale and former United States Solicitor General
Universally considered to be among the country's premier Supreme Court and appellate advocates, Seth Waxman served as Solicitor General of the United States from 1997 through January 2001. In addition to leading the firm's appellate practice, Mr. Waxman engages in a broad litigation and counseling practice, with particular emphasis on complex challenges involving governments or public policy, intellectual property, regulatory, criminal and commercial issues.
A Fellow of the American College of Trial Lawyers, Mr. Waxman also is a widely respected trial litigator. In January 2016, The American Lawyer named him "Litigator of the Year." Mr. Waxman was also named Appellate/Litigation "Lawyer of the Year" for 2018, Litigation - Intellectual Property "Lawyer of the Year" for 2016 and Litigation - First Amendment Law and Regulatory Enforcement Law "Lawyer of the Year" for 2015 by Best Lawyers in America, and, in 2014, Super Lawyers deemed him the "number one" lawyer in Washington DC. Mr. Waxman has been accorded both "star" rating by Chambers USA and "leading lawyer" ranking in PLC's Global Counsel Handbook.
Mr. Waxman's practice spans both federal and state trial and appellate courts. He has delivered 80 oral arguments in the United States Supreme Court and many more in the lower federal and state courts. Mr. Waxman's clients range from financial institutions to technology, consumer, industrial and media companies, universities and Indian tribes, and he leads the firm's efforts to counsel tribal governments. He also represents a number of local, state and national governments and prominent business and government executives and professionals. The recipient of numerous professional awards and honors, Mr. Waxman is among a small handful of practicing attorneys elected to the American Academy of Arts and Sciences. He holds several honorary degrees, as well as the Jefferson Medal in Law, an honor awarded once a year and only rarely to an attorney in private practice. In recognition of exceptional service to law enforcement, Mr. Waxman holds the extraordinary status of permanent honorary Special Agent of the Federal Bureau of Investigation.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
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