Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
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.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Partner; Firmwide Chair, Appeals, Issues & Strategy Practice, Perkins Coie LLP
Michael Huston is co-chair of the Appeals, Issues & Strategy practice at Perkins Coie LLP, where he counsels some of the World’s leading companies on appellate matters and all aspects of litigation strategy.
Michael is a former Assistant to the Solicitor General at the United States Department of Justice. In that role, he represented the federal government before the Supreme Court of the United States. Michael has argued nine cases before the Supreme Court and briefed hundreds more. He is a member of the Edward Coke Appellate Inn of Court.
Michael previously practiced appellate and administrative law at Gibson, Dunn & Crutcher LLP in Washington, DC. He served as a law clerk to the Honorable John G. Roberts, Jr., Chief Justice of the United States, and to the Honorable Raymond M. Kethledge of the United States Court of Appeals for the Sixth Circuit.
Michael graduated first in his class from the University of Michigan Law School, where he received the Henry M. Bates Memorial Scholarship Award—the law school's highest honor. He served as an editor on the Michigan Law Review.
Michael graduated summa cum laude from the University of Arizona with a bachelor's degree in political science and philosophy. He was elected Phi Beta Kappa.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Joel A. Katz Distinguished Professor of Law, University of Tennessee College of Law
Professor Plank joined the UT faculty in 1994 and became the Joel A. Katz Distinguished Professor of Law in 2004. His scholarly interests include the nature of property, the relationship between bankruptcy and non-bankruptcy law, and the historical development and comparison of commercial law and property law systems. He is a nationally recognized expert on mortgage backed and asset backed securities. Before joining the UT faculty, he was a partner with Kutak Rock LLP specializing in real estate finance, commercial finance, bankruptcy, and securities, in particular serving as issuer’s counsel and bankruptcy counsel in securitization transactions. Since joining the UT faculty he has served as an expert witness on securitization and other bankruptcy and commercial law matters, and as a consultant for securitization law firms, providing advice on bankruptcy, commercial law, and real estate issues in connection with securitizations and other transactions. During the 2002-2003 academic year, Professor Plank was a visiting Professor of Law at the Notre Dame Law School.
Professor Plank graduated with honors from Princeton University with a degree in history and a Certificate of Proficiency in Russian Area Studies and then served three years in the United States Marine Corps, including eight months in Vietnam as an infantry platoon commander. He graduated 5th in his class from the University of Maryland School of Law, where he was Editor-in-Chief of the Maryland Law Review. He was a law clerk for the Chief Judge of the Maryland Court of Appeals, an associate with Piper & Marbury in Baltimore, MD, and an assistant attorney general for the State of Maryland. Initially, his practice included a wide variety of transactions and litigation, including a four month trial on the constitutionality of the Maryland public school finance system and oral arguments in the United States Supreme Court and federal and state appellate courts. He then concentrated his practice in real estate, commercial finance, public finance and securities transactions.
Ziglar v. Abbasi - Post-Decision SCOTUScast
David B. Rivkin
On June 19, 2017, the Supreme Court decided Ziglar v. Abbasi, which was consolidated with...
Cooper v. Harris - Post-Decision SCOTUScast
Hans A. Von Spakovsky
On May 22, 2017, the Supreme Court decided Cooper v. Harris, formerly known as McCrory...
Murr v. Wisconsin - Post-Decision SCOTUScast
James S. Burling
On June 23, 2017, the Supreme Court decided Murr v. Wisconsin. In the 1960s the...
Impression Products, Inc. v. Lexmark International, Inc. - Post-Decision SCOTUScast
Adam Mossoff
On May 30, 2017, the Supreme Court decided Impression Products, Inc. v. Lexmark International, Inc....
Matal v. Tam - Post-Decision SCOTUScast
Michael Huston
On June 19, 2017, the Supreme Court decided Matal v. Tam. Simon Tam of The Slants,...
Packingham v. North Carolina - Post-Decision SCOTUScast
Ilya Shapiro
On June 19, 2017, the Supreme Court decided Packingham v. North Carolina. Lester Packingham was...
Topics
SCOTUS Declares That the PTO Is Not A Safe Space
Yesterday, the U.S. Supreme Court released its opinion, Matal v. Tam, previously known as Lee...
Topics
Supreme Court Opinions & Orders Update
Today the Supreme Court released three more opinions. A summary follows: (1) Perry v. Merit...
Topics
SCOTUS Opinions & Orders Update
OPINIONS (1) Ziglar v. Abbasi (with Ashcroft v. Abbasi and Hasty v. Abbasi): By a vote of 4-2, the...
Czyzewski v. Jevic Holding Corporation - Post-Decision SCOTUScast
Thomas Eldridge Plank
On March 22, 2017, the Supreme Court decided Czyzewski v. Jevic Holding Corporation. Jevic Transportation,...