Senior Fellow and Director, Center for the Economics of the Internet, Hudson Institute
Harold Furchtgott-Roth is a senior fellow and director of the Center for the Economics of the Internet at Hudson Institute.
Mr. Furchtgott-Roth founded Furchtgott-Roth Economic Enterprises in 2003. He frequently comments on issues related to the communications sector of the economy. From 2001 to 2003, he was a visiting fellow at the American Enterprise Institute where he published A Tough Act to Follow, chronicling the difficulties implementing the Telecommunications Act of 1996.
From 1997 through 2001, Mr. Furchtgott-Roth served as a commissioner of the Federal Communications Commission. In that capacity, he served on the Joint Board on Universal Service. He is one of the few economists to have served as a federal regulatory commissioner, and the only one to have served on the Federal Communications Commission.
Before his appointment to the FCC, he was chief economist for the House Committee on Commerce and a principal staff member on the Telecommunications Act of 1996. Earlier in his career, he was a senior economist with Economists Incorporated and a research analyst with the Center for Naval Analyses.
Mr. Furchtgott-Roth is a member of the Washington Legal Foundation’s Legal Policy Advisory Board. He is the coauthor of three books: Cable TV: Regulation or Competition, with R.W. Crandall; Economics of A Disaster: The Exxon Valdez Oil Spill, with B.M. Owen et al; and International Trade in Computer Software, with S.E. Siwek.
Kansas Securities Commissioner
Aaron Jack, J.D., M.B.A., is the Kansas Securities Commissioner, a position he was appointed to by Kansas Governor Sam Brownback in 2011. Aaron was previously the West-Central Zone Director for New York Life where his 3,200 registered representatives produced over $1.5 billion in sales annually. Aaron was the first director in the history of New York Life to raise $1 billion in new assets for the company's investment management subsidiary, NYLIM.
Senior Executive Counsel, NFIB Small Business Legal Center
Elizabeth Milito serves as Senior Executive Counsel with the National Federation of Independent Business, a position she has held since March 2004. Ms. Milito came to NFIB from the U.S. Department of Veteran's Affairs where she defended the agency in employment and labor lawsuits and was responsible for training and counseling managers on fair employment and HR practices. She has an extensive background in tort, medical malpractice and employment law.
Prior to serving as an attorney at the Department of Veteran's Affairs, Ms. Milito worked as a trial attorney at Nationwide Insurance Company. At Nationwide, she completed over 100 trials to verdict. Ms. Milito was the editor of notes and comments for the Maryland Law Review at the University of Maryland School of Law where she earned her Juris Doctor degree in May of 1996. Following her education, she served as a clerk to the Honorable Alan M. Wilner on the Maryland Court of Appeals, the state's highest court.
Ms. Milito is responsible for managing litigation and amicus work for NFIB. She has testified before Congress, federal agencies, and state legislatures on the small business impact of labor and employment issues. She also comments and writes regularly on small business cases before federal and state courts. Ms. Milito frequently counsels businesses facing employment discrimination charges, wage and hour claims, wrongful termination lawsuits, and in most other areas of human resources law. She also provides and develops on-line and on-site training on a variety of employment law matters and is a frequent media spokesperson on employment and labor matters.
Founder and Senior Director, Institutional Religious Freedom Alliance
Stanley Carlson-Thies is the Founder and Senior Director of the Institutional Religious Freedom Alliance (IRFA), a division of the Center for Public Justice. As part of this role, he convenes the Coalition to Preserve Religious Freedom, a multi-faith alliance of social-service, education, and religious freedom organizations that advocates for the religious freedom of faith-based organizations to Congress and the federal government. In addition he is also a Senior Fellow at the Canadian think tank Cardus.
From 2009-2010 he served on a task force of President Obama’s Advisory Council on Faith-Based and Neighborhood Partnerships, helping to draft recommendations on how to clarify the church-state rules that apply to federal funding of social-service providers, and has consulted with federal departments and several states.
He served with the White House Office of Faith-Based & Community Initiatives from its inception in February 2001 until mid-May 2002. He assisted with writing “Unlevel Playing Field: Barriers to Participation by Faith-Based and Community Organizations in Federal Social Service Programs,” a report released by the White House in August 2001, and “Rallying the Armies of Compassion,” the initial blueprint for President George W. Bush’s faith and community agenda.
Previously, he was Director of Social Policy Studies for CPJ and directed CPJ’s project to track the implementation and impact of the Charitable Choice provision of the 1996 federal welfare reform law. Following his term in the White House, he returned to CPJ as the Director of Faith-based Policy Studies.
He received the William Bentley Ball Life and Religious Liberty Defense Award from the Center for Law and Religious Freedom and the Christian Legal Society in October 2004. He was named as one of 12 advocates who are “reinterpreting God and country” by the National Journal in May 2004. He holds a doctorate in political science from the University of Toronto. His dissertation is on the role of Protestants and Catholics in the development of Dutch politics in the 19th and 20th centuries. Besides the United States, he has lived in Canada, the Netherlands, and Japan, where he was born of missionary parents. He lives in Annapolis, Maryland, with his wife, Christiane. They are the proud parents of Simon.
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.
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
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.
Partner, Jackson Walker
Arthur offers clients a winning combination of trial and appellate experience gained as a federal prosecutor and more than 20 years of experience in handling patent, copyright, trademark, and trade secrets litigation.
While his practice concentrates on intellectual property litigation, Arthur also has significant experience in internal investigations, False Claims Act suits, partnership and breach of fiduciary duty, breach of contract, and employment litigation. Arthur also has represented clients testifying before Congressional committees.
Arthur writes and speaks frequently on topics ranging from the case against Boston bomber Dzhokhar Tsarnaev to patent litigation reform.
Prior to joining Michael Best, Arthur served as an Assistant United States Attorney in the Southern District of New York, where he was the lead prosecutor in criminal trials, including federal intellectual property crimes. He also argued numerous appeals.
Senior Counsel, Orrick, Herrington & Sutcliffe LLP
Michael J. Madigan is a litigation partner in Orrick's Washington, D.C., office. Mr. Madigan has more than 30 years of experience in white collar criminal investigations, congressional and corporate investigations, corporate governance issues and Washington, D.C., legislative and political issues. He began his legal career by serving as a federal prosecutor where he tried more than 100 jury trials. At age 30, he served as Counsel to Senator Howard Baker on the historic Senate Watergate Committee. In addition, Mr. Madigan has served as Chief Counsel for Senator Fred Thompson's Campaign Finance investigation, Counsel to the Church Committee and Minority Counsel of the Senate Intelligence Committee.
Mr. Madigan has successfully defended corporate and individual clients (including law firms and accounting firms) in a variety of complex criminal, civil and congressional investigations; conducted corporate internal investigations and counseled on corporate governance and Foreign Corrupt Practices Act issues.
Mr. Madigan has been elected to and/or been asked to serve on a variety of boards and has been involved in the major decision-making of each organization, including the Board of Governors of the D.C. Bar (elected to two three-year terms); the Board of Trustees of the District of Columbia Public Defender Service; the Boards of Directors of the Robert A. Shuker Scholarship Fund, Inc.; the Frederick B. Abramson Memorial Foundation, the D.C. Conference on Opportunities for Minorities in the Legal Profession, the Council for Court Excellence and the Bar Association of the District of Columbia (elected to two two-year terms).
Mr. Madigan has been appointed to serve on a number of commissions and committees, including the District of Columbia Federal Judicial Nominating Commission (federal judge selection), the Magistrate Judge Selection Committee (Vice Chairman), the D.C. Judicial Nomination Commission (local judge selection), the D.C. Circuit Judicial Conference and the Mayor's Corporation Counsel Advisory Committee. He has taught Trial Advocacy at the National Institute of Trial Advocacy for the past 20 years, where he received the "Justin Simon Award for Excellence in Teaching" and has been a Delegate to both the D.C. Circuit and D.C. Judicial Conferences for the last 15 years.
Mr. Madigan is a Fellow in the International Academy of Trial Lawyers and a "Master" in the Edward Bennett Williams Inn of Court. He is a Member of the Barristers, the Lawyers Club and the Cosmos Club.
President, TRACE International
Alexandra Wrage is the author of Bribery and Extortion: Undermining Business, Governments and Security and the host of the training DVD Toxic Transactions: Bribery, Extortion and the High Price of Bad Business produced by NBC. Ms. Wrage has written three compliance guidebooks and is a guest blogger on the Huffington Post. She speaks frequently on topics of international law, anti-corruption initiatives and the hidden costs of corruption.
Ms. Wrage currently serves on the Independent Governance Committee (IGC) of the Fédération Internationale de Football Association (FIFA), football’s governing body. She has previously served as Chair of the Anti-Corruption Committee of the ABA’s International Section and Chair of the International Legal Affairs Committee of the Association of Corporate Counsel. She has participated in anti-bribery working groups with the OECD and the UN Global Compact. Ms. Wrage was named one of the “Canadians Changing the World” by the Toronto Globe and Mail in 2011.
Prior to founding TRACE, Ms. Wrage was international counsel at Northrop Grumman where she was responsible for managing and improving the company’s FCPA program, including policy revisions, training, monitoring and board briefings.
Ms. Wrage, a Canadian, studied law at Kings College, Cambridge University. She is a member of the Maryland and District of Columbia bar associations.
Assessing Competition in the Wireless Sector: How DoJ Can Clear Away the Fog from Proposed Mergers
Harold W. Furchtgott-Roth
I. Introduction and Background Over the past twenty years, the American wireless sector has grown...
The Economic Freedom Amendment: A States-Based Response to the Nationalizing Effects of Bailouts and Federal Ownership of Corporate Stock
Aaron Jack
Note from the Editor: This paper discusses a proposed state constitutional amendment that would deny...
United States v. Home Concrete & Supply, LLC and Its Implications for Administrative Law
Elizabeth Milito
I. Introduction On April 25, 2012, the United States Supreme Court decided United States v....
Which Religious Organizations Count as Religious? The Religious Employer Exemption of the Health Insurance Law's Contraceptives Mandate
Stanley Carlson-Thies
On August 1, 2011, the Health Resources and Service Administration issued guidelines specifying that, among...
Criminal Jurisdiction of Indian Tribes: Should Non-Indians Be Subject to Tribal Criminal Authority Under VAWA?
Thomas F. Gede
Ever since the U.S. Supreme Court issued its 1978 decision in Oliphant v. Suquamish Tribe,1...
Foreign Corrupt Practices Act
An Attack on Separation of Powers and Federal Judicial Power? An Analysis of the Constitutionality of Section 18 of the America Invents Act
Charles J. Cooper, Vincent J. Colatriano
Note from the Editor: This paper analyzes constitutional challenges to Section 18 of the recently...
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...
School Discipline and Disparate Impact
John R. Martin
Note from the Editor: This paper analyzes the U.S. Department of Education’s proposed use of...
Local Patent Rules - Certainty and Efficiency or a Crazy Quilt of Substantive Law?
Arthur Gollwitzer
More than a decade ago, the United States District Court for the Northern District of...