Senior Fellow, Center for Energy and Environment, Competitive Enterprise Institute
Marlo Lewis, Jr. is a Senior Fellow at the Competitive Enterprise Institute, where he writes on global warming, energy policy, and other public policy issues. Prior to joining CEI in April 2002, he served as Director of External Relations at the Reason Foundation in Los Angeles, California. During the 106th Congress, Marlo served as Staff Director of the House Government Reform Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs.
His interests include the science, economics, and politics of global warming policy; the precautionary principle; environmentalism and religion; and the moral basis of free enterprise. Marlo has been published in The Washington Times, Investors Business Daily, TechCentralStation, National Review, and Interpretation: A Journal of Political Philosophy. He has appeared on various television and radio programs, and his ideas have been featured in radio commentary by Rush Limbaugh and G. Gordon Liddy.
Before joining CEI for his first tenure with the organization in 1993, Marlo served as Research Director for the grassroots organization, Citizens Against Government Waste. Earlier, he was a Staff Consultant to the House Foreign Affairs Subcommittee on International Economic Policy and Trade, a Special Assistant at the State Department Bureau of Inter-American Affairs and Bureau of International Organization Affairs, and a Visiting Assistant Professor of Political Science at Claremont McKenna College. He holds a Ph.D. in Government from Harvard University and a B.A. in Political Science from Claremont McKenna College.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Managing Attorney of the Washington Office, Institute for Justice
William R. Maurer is the Managing Attorney of the Washington state office of the Institute for Justice, which engages in litigation in the areas of economic liberty, private property rights, educational choice, & freedom of speech.
Maurer is an advocate against the criminalization of poverty and the governmental use of the criminal and civil enforcement systems to raise revenue. He was lead counsel in a class action challenging the use of tickets to raise revenue in the city of Pagedale, Missouri. The suit resulted in a federal consent decree that reformed the city’s ticketing and municipal court system. He regularly speaks, teaches, and writes about the abuse of fines and fees in the criminal justice system. He was a participant in summits on taxation by citation put on by the White House and Department of Justice during the Obama Administration. His work on the issue includes serving as an advisory board member of the Fines and Fees Justice Center.
In addition to his work on criminal and civil justice reform, Maurer is a First Amendment litigator. In 2011, he successfully argued before the U.S. Supreme Court that Arizona’s punitive campaign financing regime was unconstitutional. Before the Washington Supreme Court, he successfully argued against efforts to classify radio commentary as a contribution under the state’s campaign finance law.
His cases and advocacy have been covered in the Washington Post, the New York Times, the Economist, the Wall Street Journal, and other major media outlets.
Maurer was named a “Washington Superlawyer” by Washington Law & Politics Magazine for several years. He is a chapter author in numerous legal reference works and has written several articles for law reviews and legal publications across the country.
Prior to joining IJ-WA, Maurer clerked for Washington Supreme Court Justice Richard Sanders and then practiced law at Perkins Coie LLP. Maurer received his law degree in 1994 from the University of Wisconsin – Madison, where he was an editor of the Wisconsin Law Review. He received his BA from Bard College in 1989.
Partner, Williams & John LTD
David L. Applegate is a partner of Williams & John Ltd., where he chairs the firm's intellectual property practice group and is a member of the commercial litigation practice group. He focuses his practice on patent, trademark, copyright, trade secret, unfair competition, and business litigation and arbitration, and on U. S. Supreme Court and related amicus brief practice.
Mr. Applegate is a Fellow of Litigation Counsel of America, the Intellectual Property Institute, and the Diversity Law Institute; a Senior Master Member of the Richard Linn American Inn of Court; a Past President of the Chicago Lincoln American Inn of Court; and a Legal Policy Advisor to The Heartland Institute. He is "AV Preeminent" peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for both ethical standards and legal ability, and has been named by his peers for inclusion in Illinois Leading Lawyers and IllinoisSuper Lawyers in both commercial and intellectual property litigation for decades.
Throughout his career, Mr. Applegate has represented corporations and individuals as both plaintiffs and defendants in state and federal litigation at the trial and appellate levels. He has tried multiple cases to verdict in both jury and bench trials nationwide and has argued appeals in the Illinois appellate courts and the U.S. Court of Appeals for the Seventh and Federal Circuits; his amicus brief was cited twice in the U. S. Supreme Court’s 5-4 majority opinion in the Janus case. Mr. Applegate also has extensive commercial arbitration and private mediation experience in both national and international dispute resolution forums, and is a former member of the Chicago International Dispute Resolution Association. In 2001, the U. S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association recognized him for his outstanding individual commitment to pro bono service to indigent clients throughout the Northern District of Illinois.
In addition to his legal practice, Mr. Applegate has written and spoken frequently on matters of law and public policy, including on both local and national television and radio. He is an avid collector and amateur historian of original comic strip and editorial cartoon art, and has written extensively in that field as well for over three decades.
Partner, Marshall, Gerstein & Borun LLP
Ryan Schermerhorn is a registered patent attorney in the firm's Industrial & Mechanical Technologies Practice Group. His engineering background provides him with an understanding of clients’ technologies and enables him to effectively and efficiently provide a range of patent procurement services. He also leverages his experience to assist on intellectual property litigation as well as develop strategies for acquiring and protecting intellectual property.
Since 2017, Ryan has been listed as an "Emerging Lawyer" by Emerging Lawyers Magazine and has been selected for inclusion in the Illinois Rising Stars® lists. Ryan was recognized in Chicago Daily Law Bulletin's 2023 40 Under Forty list. Since 2024, Ryan has been selected for inclusion in The Best Lawyers in America© list in the practice areas of Litigation - Patent and Patent Law. In 2025, Ryan was selected by the Law Bulletin Publishing Company’s Leading Lawyer Network as a “Leading Lawyer.”
Daniel Morton-Bentley is a member of the Massachusetts bar and an LL.M student at Suffolk University Law School. He graduated cum laude from Roger Williams University School of Law in Bristol, Rhode Island.
Executive Director, Center for Election Confidence
Lisa L. Dixon serves as the Executive Director of the Center for Election Confidence (formerly known as Lawyers Democracy Fund). Lisa is also a consultant for the Republican National Lawyers Association, serving as their Legal Counsel. Previously, Lisa practiced at Holtzman Vogel, where she specialized in tax-exempt organizations, campaign finance and election law, and lobbying compliance.
During law school, she interned for the Office of Chief Counsel, Procedure and Administration, at the Internal Revenue Service and at the Center for Law and Religious Freedom. Before law school, she served as the Assistant Student Division Director at The Federalist Society for Law and Public Policy Studies and interned at The Heritage Foundation’s Center for Legal and Judicial Studies.
Lisa earned a J.D. from the University of Virginia School of Law, an M.A. in History from the University of Virginia, and a B.A. in History from Hillsdale College. After 18 years on the East Coast, mostly in northern Virginia, she recently returned to her native Michigan, where she lives with her husband and three sons.
United States Magistrate Judge, Eastern District of North Carolina
Robert T. Numbers, II serves as a United States Magistrate Judge in the United States District Court for the Eastern District of North Carolina.
Judge Numbers received degrees in Political Science and Economics, with honors, from Wake Forest University. After completing his undergraduate work, Judge Numbers obtained his law degree from the University of Notre Dame where he served on the Notre Dame Law Review.
Upon his graduation from law school, Judge Numbers joined the Winston-Salem office of a large, regional law firm. From 2005 until 2010, Judge Numbers’ practice focused on civil rights claims against local municipalities and government contractors. In 2010, Judge Numbers joined the firm’s Raleigh office and concentrated his practice on complex business litigation in state and federal courts.
President, New England Legal Foundation
Born in New York City; educated in the New York City public schools, Columbia University and Yale Law School. Joined Ropes & Gray, LLP in Boston in 1984; became litigation partner in 1993; retired in 2004. Joined New England Legal Foundation as General Counsel in 2004 and selected as President in 2006.
Associate Dean for Research and Intellectual Life, McKnight Presidential Professor in Law, Distinguished McKnight University Professor, Harlan Albert Rogers Professor in Law, Associate Director, Corporate Institute, University of Minnesota Law School
Professor Kristin E. Hickman is the McKnight Presidential Professor in Law, a Distinguished McKnight University Professor, and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School. She also has taught at Harvard Law School and Northwestern University School of Law. Professor Hickman teaches and writes primarily in the areas of administrative law, tax administration, and statutory interpretation. Her articles on these topics have appeared in the Columbia Law Review, Cornell Law Review, Virginia Law Review, Duke Law Journal, and other publications. She also co-authors the Administrative Law Treatise with Richard J. Pierce, Jr., and a casebook on federal administrative law with Pierce and Christopher J. Walker. Her scholarly work has been cited several times in opinions of the United States Supreme Court as well as regularly in lower court judicial opinions and court briefs.
In 2018-19, Professor Hickman served as Special Adviser to the Administrator of the Office of Information and Regulatory Affairs in Washington, D.C. She presently serves as a Senior Fellow, and previously served as a public member and chair of the judicial review committee, for the Administrative Conference of the United States. She also is a Fellow of the American College of Tax Counsel.
Professor Hickman received her B.S. degree in business administration with a concentration in accounting and a secondary major in history from Trinity University in San Antonio, Texas. After practicing for several years as a certified public accountant, Professor Hickman earned her J.D. degree, magna cum laude, from Northwestern University School of Law, where she was awarded the Raoul Berger Prize and the Lowden Wigmore Prize for her scholarly writings. Following law school, Professor Hickman clerked for The Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and practiced law as an associate with the Chicago office of Skadden, Arps, Slate, Meagher & Flom, concentrating on corporate and international tax transactions and matters.
Laurence H. Silberman Chair in Constitutional Governance, American Enterprise Institute; Executive Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. He also directs the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
He writes on regulation and constitutional government for a variety of publications. He practiced law in Washington, D.C., after clerking for the D.C. Circuit's Judge David Sentelle. He also has been chairman of the ABA's Administrative Law Section.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court.
EPA Regulation of Fuel Economy: Congressional Intent or Climate Coup?
Marlo Lewis
Note from the Editor:1 This paper assesses EPA’s rule setting standards for motor vehicle greenhouse...
Florida Constitutional Challenge to Obamacare: It All Comes Down to Broccoli
Karen Harned
Note from the Editor: This paper provides an update on the litigation dealing with the...
Illuminating Citizens United: What the Decision Really Did
William R. Maurer
In January 2010, the U.S. Supreme Court issued one of its most controversial decisions in...
Hot News: The "Hot-News" Doctrine Is Hot Again! Or Is It?
David L. Applegate, Ryan Schermerhorn
Copyright law, like contract law, is deceptively complex. Just as the familiar elements of offer,...
Two Guiding Trends in Contemporary Labor and Employment Law: Technology and Fairness
Daniel Morton-Bentley
There are two primary trends guiding contemporary labor and employment law. The first is the...
A Return to "the Heady Days"? The Supreme Court Addresses Whether the Bivens Doctrine Should Extend to Employees of Government Contractors in Minneci v. Pollard
Lisa L. Dixon, Robert T. Numbers
I. Introduction On November 1, 2011, the Supreme Court heard oral arguments in Minneci v....
The States and the NLRB: A Study in Comparative Sovereignty
Under a system of government that diffuses power and makes institutional “[a]mbition . . ....
Business Cases and the Roberts Supreme Court
Martin J. Newhouse
The statement that the Supreme Court under Chief Justice Roberts, and more specifically the Court...
Goodbye Tax Exceptionalism
Kristin E. Hickman
In the past few decades, the practices and doctrines governing the interpretation and administration of...
Thinking About the "Practically Unthinkable": Energy Infrastructure and the Threat of Low-Probability, High-Impact Events
Adam White
The National Environmental Policy Act1 requires federal agencies to ascertain and evaluate the possible environmental...