Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary, Walmart Inc.
Rachel Brand is Walmart’s executive vice president of global governance, chief legal officer, and corporate secretary. She oversees the company’s global legal, compliance, ethics, corporate governance, digital citizenship, aviation, investigative, and corporate security functions, including Walmart’s Emergency Operations Center.
Immediately before joining Walmart, Rachel served as the United States Associate Attorney General and holds the distinction of being the first woman to serve in this role. She had previously served in the U.S. Department of Justice as the Assistant Attorney General for the Office of Legal Policy during President George W. Bush’s administration. Her other government service includes an appointment by President Obama to serve as a Member of the U.S. Privacy and Civil Liberties Oversight Board, service as an Associate Counsel to the President at the White House, and judicial clerkships with Justice Charles Fried of the Supreme Judicial Court of Massachusetts and Justice Anthony Kennedy at the Supreme Court of the United States. In the private sector, Rachel was a lawyer in private practice at two law firms in Washington, D.C. and served as the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce Litigation Center.
Rachel serves on the board of directors for the Walmart Foundation and is the executive sponsor for Walmart’s Tribal Voices Associate Resource Group. Outside of Walmart, she serves on the board of directors for the International Justice Mission and is a member of The American Law Institute.
Rachel earned her Bachelor of Arts degree from the University of Minnesota-Morris and her J.D. from Harvard Law School.
Shareholder, Greenberg Traurig, LLP
Dominic E. Draye has litigated at every level of the state and federal judiciary—from state trial court to the Supreme Court of the United States. His practice focuses on constitutional, regulatory, and environmental matters, and he has represented clients in both the public and private sectors. In the federal appellate courts, Mr. Draye has represented clients in the Second, Fifth, Seventh, Ninth, and D.C. Circuits.
Before joining Greenberg, Mr. Draye served as the Solicitor General of Arizona, where he briefed and argued the State’s highest-profile civil and criminal appeals and served as lead counsel for several multi-state coalitions litigating over agency rulemaking in the D.C. Circuit. Prior to government service, Mr. Draye was a litigator in the Washington, D.C., office of Kirkland & Ellis LLP, where his practice focused on legal issues and appeals.
Mr. Draye is a sought-after speaker on topics of administrative and constitutional law. He clerked for Hon. Edith H. Jones on the United States Court of Appeals for the Fifth Circuit and attended the University of Pennsylvania Law School.
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.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Leitner Family Professor, Fordham University School of Law
Martin S. Flaherty is Leitner Family Professor of Law and Co-Founding Director of the Leitner Center for International Law and Justice at Fordham Law School. He is also a Visiting Professor at the Woodrow Wilson School of Public and International Affairs, where he was Fellow in the Program in Law and Public Affairs and a Visiting Professor at the New School in New York.. Professor Flaherty has taught at China University of Political Science and Law in Beijing, and has recently founded the Rule of Law in Asia Program at the Leitner Center as well as co-founded the Committee to Support Chinese Lawyers. He has also taught at Sungkyunkwan Univeristy in Seoul, Queen’s University Belfast, Cardozo School of Law, and the New School. Previously Professor Flaherty served as a law clerk for Justice Byron R. White of the U.S. Supreme Court and Chief Judge John Gibbons of the U.S. Court of Appeals for the Third Circuit.
Flaherty holds a B.A. summa cum laude from Princeton, an M.A. and M.Phil. from Yale (in history) and a J.D. from the Columbia Law School, where he was Book Reviews and Articles Editor of the Columbia Law Review. Formerly chair of the New York City Bar Association’s International Human Rights Committee, he has led or participated in human rights missions to Northern Ireland, Turkey, Hong Kong, Mexico, Malaysia, Kenya, and Romania. He is also a member of the Council on Foreign Relations.
Flaherty's publications focus upon constitutional law and history, foreign affairs, and international human rights and appear in such journals as the Columbia Law Review, the Yale Law Journal, the Michigan Law Review, and the University of Chicago Law Review. His publications include: “Executive Power Essentialism and Foreign Affairs” [with Curtis Bradley], Michigan Law Review; “The Most Dangerous Branch,” Yale Law Journal; and “History ‘Lite’ in Modern American Constitutionalism,” Columbia Law Review. He has appeared or been quoted in The New York Times, The Boston Globe, The Daily News, Newsday, The Newshour with Jim Lehrer, CNN, MSNBC, and Fox.
Associate Professor, John Marshall Law School
Professor Schwinn earned his B.A. from Michigan State University and his J.D. from the American University Washington College of Law. He previously taught at the University of Maryland School of Law and George Washington University Law School. He practiced full time in the Office of the General Counsel at the Peace Corps.
Professor Schwinn is a frequent commenter on issues related to constitutional law and human rights. He is a co-founder and co-editor of the Constitutional Law Prof Blog and an occasional contributor to other blogs and publications. He regularly writes for the ABA Preview of United States Supreme Court Cases, and he directs the ABA Media Alerts project for the Seventh Circuit. His scholarship has appeared in a variety of law journals.
Professor Schwinn is also an active practitioner. He litigates cases pro bono in the federal courts, and he serves on the Board of Advisors for the Chicago Lawyer Chapter of the American Constitution Society.
Professor Schwinn teaches Constitutional Law, Comparative Constitutional Law and Human Rights, and Lawyering Skills I. He also coordinates the Constitutional Law in the Classroom program, in which JMLS students teach constitutional law lessons to students in the Chicago Public Schools and surrounding school districts, and he is the faculty supervisor for the African Human Rights Project.
Legal Scholar and Solo Practitioner
Jack received his B.A. in History from the University of Virginia in 1977, graduating with Highest Distinction. After graduating Yale Law School in 1980, he served active duty in the U.S. Army's JAG Corps, rising to the rank of Major, where he represented the United States in more than 250 cases.
He practiced for a decade as an Associate for Bradley Arant in Birmingham, Alabama. He proudly served the State of Alabama in the Office of the Attorney General, both as Deputy and Assistant Attorney General, handling complex civil and criminal litigation cases for the people of Alabama. In 2000, he won the "Best Brief Award" from the National Association of Attorneys General for his brief in a case decided by the U.S. Supreme Court, James Alexander v. Martha Sandoval – a case he won. He was Special Assistant to the Inspector General for the Corporation for National and Community Service, Visiting Legal Fellow for the Center for Judicial and Legal Studies for the Heritage Foundation, Of Counsel at Strickland Brockington Lewis, a solo practitioner, and General Counsel for Indigo Energy.
Most recently, he "re-upped" for military service, volunteering his legal services to the Georgia State Defense Force where twice each month he provided legal services for National Guardsmen who were being deployed. He wore his military uniform for the last time in October 2024.
Jack Park passed away on March 16, 2026.
New York’s Highest Court Backtracks on Property Owners’ Rights in Eminent Domain Case
Craig Mausler
In In re Goldstein v. New York State Urban Development Corp., New York State used its...
Montana Supreme Court: Physician-Assisted Suicide Is an End-of-Life Option
Rita L. Marker
On the last day of 2009, Montana’s Supreme Court handed down its ruling in Baxter v....
West Virginia Court Expands COPPERWELD Doctrine
Jarrett Gerlach
In the 1984 case Copperweld Corp. v. Independence Tube Corp.,1 the United States Supreme Court forever altered...
A Survey of California Furlough Lawsuits
Jason J. Jarvis
The current economic crisis is forcing states to adopt creative means of balancing their budgets....
Hertz Corporation v. Friend – Post-Decision SCOTUScast
Brian T. Fitzpatrick
On February 23, 2010, the Supreme Court announced its decision in Hertz Corporation v. Friend....
Reauthorization of the USA PATRIOT Act
Rachel L. Brand
Brought to you by the International & National Security Law Practice GroupEDITOR'S NOTE: The final paragraph below, appearing...
Fair Elections Now Act
Dominic Draye, William R. Maurer
Brought to you by the Free Speech & Election Law Practice Group Congress is considering...
The Pay Czar & the Appointments Clause – a Forum
Michael W. McConnell, Martin Flaherty, Steven Schwinn
Last updated at 10 AM on Monday, January 4, 2010 Under the statute authorizing the Troubled Assets Relief...
Georgia Supreme Court and Vaccine Claims
John J. Park
In American Home Products Corp. v. Ferrari,1 the Supreme Court of Georgia held that the...
Alabama Courts Will Not Second-Guess Legislature’s Voting Procedures
Berton Spence
A holding that Alabama’s largest county has been collecting an occupational tax repealed by the...