Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Professor of Law and Assistant Director, Criminal Justice Center, University of Florida Levin College of Law
Professor Stinneford teaches and writes about legal ethics, criminal law, criminal procedure, and constitutional law. His work has been cited by the United States Supreme Court, several state supreme courts and federal courts of appeal, and numerous scholars. It has published in numerous scholarly journals including the Georgetown Law Journal, the Northwestern University Law Review, the Virginia Law Review, the Notre Dame Law Review, and the William & Mary Law Review. The Stanford-Yale Junior faculty forum selected one of his articles as the best paper in the category of Constitutional History, and the AALS Criminal Justice Section named another article as the best paper in its Junior Scholars Paper Competition. In the fall of 2015, he was a Visiting Scholar at the Georgetown Law Center, Center for the Constitution.
Before joining the Florida faculty in 2009, Stinneford clerked for the Hon. James Moran of the United States District Court for the Northern District of Illinois, served as an Assistant United States Attorney, and practiced law with Winston & Strawn in Chicago. Stinneford teaches first-year courses in Criminal Law and Constitutional Law, and upper-level courses in Professional Responsibility, Criminal Procedure, Federal Criminal Law, Law & Literature, and White Collar Crime.
Partner, Millbank LLP
Mr. Katyal, the former Acting Solicitor General of the United States, focuses on appellate and complex litigation. He has argued 54 cases before the Supreme Court of the United States.
He has extensive experience in matters of antitrust, corporate, constitutional, securities, technology, criminal, patent, copyright, trademark, ERISA, products liability, labor, employment and tribal law. In the 2022-23 Supreme Court term, he argued five separate cases (nearly 10% of the docket), including winning the landmark voting case Moore v. Harper, which Judge Michael Luttig described as “the most important case for American democracy in the almost two and a half centuries since America’s founding.” Judge Luttig also said Mr. Katyal’s argument “was the single best oral argument I have ever heard made in the Supreme Court of the United States.” His cases include successfully striking down the Guantanamo military tribunals, successfully defending the constitutionality of the Voting Rights Act and successfully defending the Peace Cross in Maryland. His 2017 win in Bristol Myers Squibb v. Superior Court was a landmark victory for personal jurisdiction law and his 2006 win in Hamdan v. Rumsfeld was described by former Acting Solicitor General Walter Dellinger as “simply the most important decision on presidential power and the rule of law ever. Ever.”
From 2010 to 2011, Mr. Katyal served as Acting Solicitor General of the United States, where he argued several major Supreme Court cases involving a variety of issues, such as his successful defense of the constitutionality of the Voting Rights Act of 1965, his victorious defense of former Attorney General John Ashcroft for alleged abuses in the war on terror, his unanimous victory against eight states who sued the nation's leading power plants for contributing to global warming, and a variety of other matters. As Acting Solicitor General, he was responsible for representing the federal government of the United States in all appellate matters before the US Supreme Court and the Courts of Appeals throughout the nation. He served as Counsel of Record hundreds of times in the US Supreme Court. He was also the only head of the Solicitor General's office to argue a case in the US Court of Appeals for the Federal Circuit, on the important question of whether certain aspects of the human genome were patentable.
After graduating from Yale Law School, Mr. Katyal clerked for The Honorable Guido Calabresi of the US Court of Appeals for the Second Circuit as well as for The Honorable Justice Stephen G. Breyer of the US Supreme Court. He also served in the Deputy Attorney General's Office at the Justice Department as National Security Advisor and as Special Assistant to the Deputy Attorney General during 1998-1999.
Mr. Katyal is a best-selling New York Times author and has published dozens of scholarly articles in law journals (including several in the Harvard Law Review and Yale Law Journal), as well as many op-ed articles in publications such as the New York Times and the Washington Post. He has testified numerous times before various committees of both the US House of Representatives and the US Senate.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
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.
Partner, Kirkland and Ellis, LLP
John O'Quinn is a Partner in Kirkland's Washington, D.C. office. His practice focuses on litigation, including intellectual property disputes, commercial litigation, regulatory issues arising from or likely to lead to litigation, and other complex litigation matters at both the trial and appellate levels. He has extensive argument experience before both trial and appellate courts, and has argued in most of the U.S. Courts of Appeals, including the D.C. Circuit and the Federal Circuit. Mr. O'Quinn has been to trial multiple times, where he has examined expert and fact witnesses. Representative clients include Apple, Boeing, B. Braun Medical, Charter Communications, C.R. Bard, POET LLC, Siemens, and Teva Pharmaceuticals.
From 2006 to 2009, Mr. O'Quinn served in the United States Department of Justice. As Deputy Associate Attorney General, he was responsible for helping to oversee much of the government's civil litigation and reviewing proposed settlements of multi-million dollar civil cases brought by or against the government. As the Deputy Assistant Attorney General for the Federal Programs Branch of the Civil Division, Mr. O'Quinn supervised over 100 attorneys charged with defending the constitutionality of federal statutes and regulations, representing the diplomatic and national security interests of the United States in court, and conducting significant Title VII, personnel, social security, Medicare and Medicaid-related litigation. Mr. O'Quinn worked with counsel from virtually every federal agency on complex civil litigation matters and personally directed significant cases defending the government's interests, arguing more than 20 cases in federal court. In February of 2009, Mr. O'Quinn was awarded the Office of the Secretary of Defense Medal for Exceptional Public Service for his leadership in defending the Department of Defense in lawsuits challenging the detention and trial of enemy combatants captured abroad by United States Armed Forces.
Mr. O'Quinn was previously an associate with Kirkland from 2003 to 2006. While on leave from the Firm, he served as special counsel to the United States Senate Committee on the Judiciary for the nomination of Chief Justice Roberts. Prior to joining the Firm, Mr. O'Quinn was a law clerk for Justice Antonin Scalia of the U.S. Supreme Court and Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit.
While at Kirkland, Mr. O'Quinn has also provided legal counseling and representation for individuals and organizations on a pro bono basis, including arguing a habeas petition on behalf of a defendant convicted of capital murder, and submitting FOIA requests on behalf of a civil rights organization.
Crivello, Carlson & Mentkowski, S.C.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Associate Professor, Indiana University Maurer School of Law
Professor Scott joined the Indiana University Maurer School of Law faculty in 2009. He teaches and writes on criminal law and procedure, statutory interpretation, and federal courts. Professor Scott's research examines structural and procedural interactions between the judicial branch and other branches of government, particularly in the criminal context. He has written on efforts to control the composition of the judiciary, including the judicial appointments process, legislative strategies for encouraging judicial retirements, and the semi-retirement program of senior judges. Professor Scott also studies efforts to influence judicial decision making directly by placing constraints on judicial discretion. His current project examines changes in inter-judge sentencing disparity under the United States Sentencing Guidelines, one of Congress's most ambitious efforts to restrict judges in the performance of a historically discretionary function.After graduating from law school, Professor Scott clerked for Judge Michael W. McConnell of the United States Court of Appeals for the Tenth Circuit. He then served as a Bristow Fellow in the Office of the Solicitor General of the United States. Before joining the faculty, he worked for two years as an associate in the Supreme Court and appellate practice at O'Melveny & Myers LLP in Washington, D.C.
Counsel to the Firm, Cascadia Cross-Border Law
Margaret Stock focuses her practice on immigration and citizenship law. She is a nationally known expert on immigration and national security laws, and has testified regularly before Congressional committees on immigration, homeland security, and military matters. As a retired Lieutenant Colonel in the Military Police, U.S. Army Reserve, Margaret has extensive experience with U.S. military issues. She has also worked as a professor at the United States Military Academy at West Point, and she has served as an adjunct instructor at the University of Alaska. Margaret served as a member of the American Bar Association Commission on Immigration from 2008-2012. She regularly authors articles on military-related immigration issues, and is well-versed on “parole in place” for military family members and the Military Accessions Vital to the National Interest (“MAVNI”) Program. Margaret authored the book Immigration Law & the Military, which was published by the American Immigration Lawyers Association in 2012.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Sackett v. Environmental Protection Agency: Compliance Orders and the Right of Judicial Review
Damien Michael Schiff
The United States Supreme Court’s decision in Sackett v. Environmental Protection Agency1 promises to be important...
Miller v. Alabama - Post-Decision SCOTUScast
John F. Stinneford
On June 25, 2012, the Supreme Court announced its decision in Miller v. Alabama (linked with Jackson v....
National Federation of Independent Business v. Sebelius - Post-Decision SCOTUScast
Neal K. Katyal, Randy E. Barnett
On June 28, 2012, the Supreme Court announced its decision in National Federation of Independent Business...
United States v. Alvarez - Post-Decision SCOTUScast
Eugene Volokh
On June 28, 2012 the Supreme Court announced its decision in United States v. Alvarez. The...
Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak and Salazar v. Patchak - Post-Decision SCOTUScast
Thomas F. Gede
On June 18, 2012, the Supreme Court announced its decision in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians...
Williams v. Illinois - Post-Decision SCOTUScast
John C. O'Quinn
On June 18, 2012, the Supreme Court announced its decision in Williams v. Illinois. The issue...
FCC v. Fox - Post-Decision SCOTUScast
Patrick McKinley Brennan, Erik S. Jaffe
On June 21, 2012 the Supreme Court announced its decision in FCC v. Fox. The question...
Southern Union Company v. United States - Post-Decision SCOTUScast
Ryan Scott
On June 21, 2012 the Supreme Court announced its decision in Southern Union Company v. United...
Arizona v. United States - Post-Decision SCOTUScast
Margaret D. Stock, John C. Eastman
On June 25, 2012, the Supreme Court announced its decision in Arizona v. United States. The...
Reichle v. Howards - Post-Decision SCOTUScast
D Broyles
On June 4, 2012, the Supreme Court announced its decision in Reichle v. Howards. This case...