Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Professor of Law, UCLA School of Law
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Partner, Jones Day
Kevin Marshall provides clients analysis, strategy, and advocacy involving novel or complex legal issues, particularly in white collar and other compliance matters and in civil litigation arising out of criminal matters or alleged fraud. This includes appeals, dispositive and other critical motions, and prelitigation analyses.
Kevin oversaw trial and appellate briefing, and argued on appeal, in the successful defense of lawsuits arising out of the wiretapping prosecution of a private investigator who had served Jones Day's clients. He also has overseen briefing of, and successfully argued, motions for R.J. Reynolds in connection with arbitration under the Federal Arbitration Act, and the partial settlement, of billion dollar disputes with states under the Master Settlement Agreement. His assistance with investigations and related litigation has included the Foreign Corrupt Practices Act, false claims acts, RICO, civil and criminal fraud, reckless manslaughter, and the intersection of products liability and bankruptcy. Kevin was part of the team representing the National Federation of Independent Business in challenging the constitutionality of the Patient Protection and Affordable Care Act before the Eleventh Circuit and U.S. Supreme Court. He also has advised on and briefed issues under the Consumer Product Safety Improvement Act (CPSIA).
Before joining Jones Day, Kevin was a deputy assistant attorney general in the U.S. Department of Justice's Office of Legal Counsel. He provided authoritative written legal opinions and other legal advice, throughout the executive branch, on the Constitution, treaties, international law including the law of war, and federal statutes and regulations. He also testified three times before Congress.
United States Senator, Arizona
Former Governor, Massachusetts
Former Massachusetts Governor Mitt Romney has been widely recognized for his leadership and accomplishments as a public servant and in private enterprise.
Elected in 2002, Governor Romney presided over a dramatic reversal of state fortunes and a period of sustained economic expansion. Without raising taxes or increasing debt, Governor Romney balanced the budget every year of his administration, closing a $3 billion budget gap inherited when he took office. By eliminating waste, streamlining the government, and enacting comprehensive economic reforms to stimulate growth in Massachusetts, Romney got the economy moving again and transformed deficits into surpluses.
At the beginning of Governor Romney's term, Massachusetts was losing thousands of jobs every month. Today, the unemployment rate is lower, hundreds of companies have expanded or moved to Massachusetts and the state has added approximately 60,000 jobs in the last two years.
One of Governor Romney's top priorities was reforming the education system so that young people could compete for good paying jobs in the global economy of the future. In 2004, Governor Romney established the John and Abigail Adams Scholarship Program to reward the top 25 percent of Massachusetts high school students with a four-year, tuition-free scholarship to any Massachusetts public university or college. He has also championed a package of education reforms, including merit pay, an emphasis on math and science instruction, important new intervention programs for failing schools and English immersion for foreign-speaking students.
In 2006, Governor Romney proposed and signed into law a private, market-based reform that ensures every Massachusetts citizen will have health insurance, without a government takeover and without raising taxes.
Governor Romney was elected to the Chairmanship of the Republican Governors Association by his fellow Governors for the 2006 election cycle, and raised a record $27 million for candidates running in State House contests around the country.
Romney first gained national recognition for his role in turning around the 2002 Winter Olympics. With the 2002 Games mired in controversy and facing a financial crisis, Romney left behind a successful career as an entrepreneur to take over as President and CEO of the Salt Lake Organizing Committee.
Governor Romney has said he felt compelled to assume the seemingly impossible task of rescuing the Games by both the urgings of his wife, Ann, and by the memory of his father, George Romney, who had been a successful businessman, three-term Governor of Michigan, and a tireless advocate of volunteerism in America.
In his three years at the helm in Salt Lake, Romney erased a $379 million operating deficit, organized 23,000 volunteers, galvanized community spirit and oversaw an unprecedented security mobilization just months after the September 11th attacks, leading to one of the most successful Olympics in our country's history.
Prior to his Olympic service, Mitt Romney enjoyed a successful career helping businesses grow and improve their operations. From 1978 to 1984, Mr. Romney was a Vice President at Bain & Company, Inc., a leading management consulting firm. In 1984, Romney founded Bain Capital, one of the nation's most successful venture capital and investment companies. Bain Capital helped launch hundreds of companies on a successful course, including Staples, Bright Horizons Family Solutions, Domino's Pizza, Sealy, Brookstone, and The Sports Authority. He was asked to return to Bain & Company as CEO several years later in order to lead a financial restructuring of the organization. Today, Bain & Company employs more than 2,000 people in 25 offices worldwide.
Governor Romney has been deeply involved in community and civic affairs, serving extensively in his church and numerous charities including City Year, the Boy Scouts, and the Points of Light Foundation. He was also the Republican nominee for U.S. Senate in 1994.
Former Governor, Arkansas
Former Arkansas governor Mike Huckabee recently formed HuckPac to assist Republicans running for office nationwide. Mike Huckabee believes conservative leadership is best suited to lead America forward in the 21st Century.
In the past year, Huckabee campaigned for the Republican nomination for President — and to share his message of vertical politics that he says reflects American values and priorities.
From 1996-2007, Huckabee served as the 44th Governor of Arkansas. When he left office on January 9, 2007, he set out on a nationwide tour to promote his fifth book, "From Hope to Higher Ground: 12 STOPS to Restoring America's Greatness." The book reveals his optimistic vision for what America can become with the right kind of leadership and a clear direction.
Huckabee is recognized as a national leader, having been honored by several renowned publications and organizations for his numerous accomplishments. Governing Magazine named him as one of its 'Public Officials of the Year' for 2005, Time Magazine honored him as one of the five best governors in America, and later in the same year, Huckabee received the American Association of Retired Person's Impact Award. In 2007, he was presented with the Music for Life Award by the National Association of Music Merchants (NAMM) for his commitment to music education.
Huckabee became governor in July 1996 when his predecessor resigned. He was one of the youngest governors in the country at the time. Huckabee was elected to a full four-year term as governor in 1998, attracting the largest percentage of the vote ever received by a Republican gubernatorial nominee in Arkansas, and was re-elected to another four-year term in November 2002.
Huckabee first was elected lieutenant governor in a 1993 special election and was elected to a full four-year term in 1994. He was only the fourth Republican to be elected to statewide office since Reconstruction.
A significant part of his adult life was spent as a pastor and denominational leader. He became the youngest president ever of the Arkansas Baptist State Convention, the largest denomination in Arkansas. Huckabee led rapidly growing congregations in Pine Bluff and Texarkana. He said those experiences gave him a deep sense of the problems faced by individuals and families.
Huckabee's efforts to improve his own health have received national attention. Diagnosed with Type II diabetes in 2003, he lost 110 pounds. Barely two years later, he has completed four marathons: The 2005 and 2006 Little Rock Marathons, the Marine Corps Marathon and the ING New York City Marathon. As a result of his accomplishments, The Road Runners Club of America named him its 'Southern Region Runner of the Year' and USA Track & Field has named him their 'Athlete of the Week' for the country.
Continuing to call for a national emphasis on living a healthy lifestyle, Huckabee completed his fourth book, "Quit Digging Your Grave With A Knife and Fork." This 12-stop program is a no-nonsense approach to managing one's health through lifestyle change rather than a simple diet and exercise plan.
Huckabee, 52, enjoys playing bass guitar in his rock-n-roll band, Capitol Offense, which has opened for artists such as Willie Nelson and the Charlie Daniels Band, and has played the House of Blues in New Orleans, the Red Rocks Amphitheater in Denver, CO and for two presidential inauguration balls.
The former governor and his wife, Janet, live in North Little Rock. They have three grown children: John Mark, David and Sarah.
Former United States Representative, 14th Congressional District of Texas
PAUL, Ronald Ernest, (father of Rand Paul), a Representative from Texas; born in Pittsburgh, Allegheny County, Pa., August 20, 1935; graduated from Dormont High School, Dormont, Pa., 1953; B.A., Gettysburg College, Gettysburg, Pa., 1957; M.D., Duke University Medical Center, Durham, N.C., 1961; internship and residency training, Henry Ford Hospital, Detroit, Mich., 1961 and 1962; obstetrics and gynecology training, University of Pittsburgh, Pittsburgh, Pa., 1965-1968; medical doctor; United States Air Force, 1963-1965; United States Air National Guard, 1965-1968; delegate, Texas state Republican convention, 1974; unsuccessful candidate for election to the Ninety-fourth Congress in 1974; elected as a Republican to the Ninety-fourth Congress, by special election to fill the vacancy created by the resignation of United States Representative Robert R. Casey (April 3, 1976-January 3, 1977); unsuccessful candidate for reelection to the Ninety-fifth Congress in 1976; elected to the Ninety-sixth and to the two succeeding Congresses (January 3, 1979-January 3, 1985); was not a candidate for reelection to the House of Representatives in 1984, but was an unsuccessful candidate for nomination to the United States Senate; author; unsuccessful Libertarian Party candidate for election for President of the United States in 1988; elected as a Republican to the One Hundred Fifth and to the seven succeeding Congresses (January 3, 1997-January 3, 2013); unsuccessful candidate for the Republican presidential nomination in 2008; unsuccessful candidate for the Republican presidential nomination in 2012; was not a candidate for reelection to the One Hundred Thirteenth Congress in 2012.
Partner, Sidley Austin LLP
BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros. He has also handled a variety of civil and appellate cases in federal court.
From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.
Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.
Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.
Partner, McGuireWoods LLP
Andrew is a former Supreme Court clerk for Justice Sandra Day O’Connor and a former federal prosecutor with more than 25 years of experience in civil and criminal litigation. He represents clients in federal and state courts in complex civil litigation and in rulemaking and investigations before numerous federal and state agencies, including the Department of Justice, Environmental Protection Agency, Federal Trade Commission, Federal Election Commission, Federal Communications Commission and state attorneys general.
Professor from Practice, Georgetown University Law Center
Adjunct Scholar and Former Director, Project On Criminal Justice, Cato Institute
Tim Lynch is an attorney specializing in criminal law, constitutional law, and civil liberties. He is an adjunct scholar at the Cato Institute and the former director of Cato’s Project on Criminal Justice. His research interests include all aspects of constitutional criminal procedure, overcriminalization, the drug war, and police and prosecutorial misconduct. In 2000, he served on the National Committee to Prevent Wrongful Executions. Lynch also prepares amicus briefs before appellate courts and the U.S. Supreme Court in cases involving constitutional rights. He is the editor of In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law” and After Prohibition: An Adult Approach to Drug Policies in the 21st Century.
Lynch has published a variety of articles in both the law journals and in opinion pieces for the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, and other newspapers. He has appeared on The PBS NewsHour, NBC Nightly News, ABC World News Tonight, and C-SPAN’s Washington Journal. Lynch is a member of the Virginia, District of Columbia, and Supreme Court bars. He earned both a BS and a JD from Marquette University.
Mr. Lynch can be reached via his personal website.
The Supreme Court Takes Up the Second Amendment
Philadelphia, PennsylvaniaAn Evening with Robert Levy: An Insider's Perspective on the D.C. Gun Ban Case
Heller vs. District of Columbia
SCOTUScast 3-24-08 featuring Kevin Marshall
C. Kevin Marshall
On March 18 2008 the Court heard oral argument in District of Columbia v. Heller....
Is There Anything "Fundamental" in the Right to Keep and Bear Arms? A Call for Parity in the Incorporation Doctrine
With the District of Columbia v. Heller decision set to arrive sometime in the summer of...
The Supreme Court Hears the Challenge to the DC Gun Ban
Presidential Candidates on Judicial Philosophy
John McCain, Mitt Romney, Mike Huckabee, Ron Paul
On November 4, 2008 American voters will elect the forty-fourth President of the United States....
D.C. Gun Ban in the Crosshairs: District of Columbia v. Heller
D.C. Gun Ban in the Crosshairs
Orlando, FloridaBoumediene v. Bush
Bradford A. Berenson, Andrew G. McBride, Martin S. Lederman, Tim Lynch
Boumediene v. Bush arises on a writ of habeas corpus filed on behalf of Lakmar...