Clinical Professor of Law, Dale E. Fowler School of Law, Chapman University
Senior Attorney, Pacific Legal Foundation
Brian Hodges is a Senior Attorney at PLF’s Pacific Northwest office in Bellevue, Washington. Brian focuses his practice on defending of the right of individuals to make reasonable use of their property, free of unnecessary and oppressive regulations.
In 2013, Brian second-chaired Koontz v. St. Johns River Water Management District before the U.S. Supreme Court, a case that placed constitutional limits on the government’s common practice of demanding that landowners fund unrelated public projects in exchange for a permit approval. And in the 2008 case, Citizens’ Alliance for Property Rights v. Sims, Brian successfully challenged a Seattle-area ordinance that required all rural property owners to dedicate at least half their land as conservation areas as a mandatory condition of any new development without any showing that rural development would impact the environment.
Brian graduated from Seattle University of Law in 2001 with honors. After which, he served as a judicial clerk at the Washington State Court of Appeals, then entered private practice where he focused on appellate advocacy for several years before joining PLF in 2006.
Brian came to the liberty movement by an uncommon route: the arts. Brian played guitar and keyboards in several Seattle-area bands before eventually studying music composition and literature at the University of Washington—earning two Bachelor’s Degrees and a Master of Arts. Through that experience, he came to firmly believe that the goal of art—indeed, the goal of any creative ambition—is to maximize individual freedom and expression, tempered by personal responsibility and ownership, rather than outside oversight or arbitrary restriction. Carrying that philosophy into law school naturally led him to fight for individual rights.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Justice, Texas Supreme Court
Evan Young is a Justice of the Supreme Court of Texas. Governor Greg Abbott, who appointed Young to fill an unexpired term, swore him into office on November 10, 2021. Justice Young was elected to a full term in November 2022.
Young graduated summa cum laude from Duke University in 1999, where he was inducted into Phi Beta Kappa. He was a British Marshall Scholar at Oxford University, where he completed his studies in 2001 and earned a First Class Honours degree in Modern History, focusing on British constitutional history. He earned his law degree from Yale Law School in 2004.
Young then worked as a lawyer in the judicial and executive branches of the federal government. He first served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit, and then to Justice Antonin Scalia at the U.S. Supreme Court. In 2006, after his clerkship with Justice Scalia ended, Justice Young became Counsel to the Attorney General at the U.S. Department of Justice, serving in the Office of the Attorney General under Attorneys General Alberto R. Gonzales and Michael B. Mukasey. While on the Attorney General’s staff, he accepted a detail to the U.S. Embassy in Baghdad, Iraq, where he was the Deputy Rule of Law Coordinator. In that position he worked to assist the Iraqi government in its efforts to strengthen its legal regime, including, for example, its courts and prison system.
Young returned to Texas and joined the Austin office of Baker Botts L.L.P. in 2009. His practice focused on trial and appellate litigation. He argued cases before both the Supreme Court of the United States and the Supreme Court of Texas, as well as many federal and state appellate courts. He represented clients across the country before every level of the state and federal judiciary.
Before joining the Texas Supreme Court, Young was appointed in 2017 by Governor Abbott and confirmed by the Texas Senate to serve as a member of the Texas Judicial Council, which is the policy-making body for the Texas Judiciary. In 2015, the Texas Supreme Court appointed him to the Supreme Court Advisory Committee, which assists the Court in drafting the rules that govern litigation in Texas courts. He served on both until his elevation to the bench.
Justice Young is an elected member of the American Law Institute and a member of the Texas Philosophical Society. He has been an adjunct law professor for many years at the University of Texas School of Law, where he has frequently taught the Federal Courts and Religious Liberty courses. He also has been an adjunct professor at the University of Mississippi School of Law, where he has taught multiple courses involving U.S. Supreme Court history. He served as Chair of the State Bar of Texas Business Law Section, Chair of the National Center for Missing and Exploited Children's Texas Regional Office, and Trustee of the Texas Supreme Court Historical Society.
Justice Young and his wife, Tobi, live in Austin with their daughter.
Director, Washington Legislative Office, American Civil Liberties Union (ACLU)
Laura W. Murphy is in her second tenure as Director of the ACLU’s Washington Legislative Office, a position she first held from 1993-2005. Since returning Murphy has maintained strong relationships with leaders in the United States Congress and the Obama Administration to advance the ACLU’s public policy priorities including national security, criminal justice, human rights, privacy, reproductive rights, civil rights and First Amendment issues.
Recently, Murphy played a leadership role in the passage of the Fair Sentencing Act of 2010 signed into law by President Obama on August 3, 2010—a law that reduced the sentencing disparity between crack and powder cocaine and that begins to address some of the racial disparities in the criminal justice system. Under her leadership, the ACLU Washington Legislative Office worked with Congress and the White House to gain support around federally-funded abortions for servicewomen and military dependents in the cases of rape or incest. The provision was signed into law on January 2, 2013.
Prior to her return to the ACLU, she founded and directed her own firm, Laura Murphy & Associates, L.L.C., where she utilized her 30 years of policy-making and political expertise to guide and advise corporate and non-profit clients at the national, state and local levels.
Murphy is well known for her notable legislative career advancing human rights and civil liberties. Both major newspapers on Capitol Hill, Roll Call and The Hill, selected Murphy as one of the 50 most influential lobbyists and one of 17 top nonprofit lobbyists in 1997 and 2003, respectively. In 1997, and again in 2003, the Congressional Black Caucus honored her for her significant contributions to legislation that advances civil rights and civil liberties. She has been given awards for her work with Congress and the White House by ACLU affiliates in Massachusetts, Mississippi and Maryland. Murphy has also been instrumental in garnering support from African Americans for same sex marriage, especially in her home state of Maryland. Murphy’s family has a storied history in the civil rights movement and in the Black press, and they were intimately involved in the successful 2012 campaign for marriage equality in Maryland.
In previous professional positions Murphy served as chief of staff to a California Assembly Speaker and a cabinet member for the Mayor of the District of Columbia. Murphy has testified more than a dozen times before Congress and is an experienced national spokesperson. She has been a frequent guest on television and radio including PBS, “NBC Nightly News” and “The Today Show”, “ABC World News”, CNN, Fox News, and National Public Radio.
Founding Director, Knight First Amendment Institute at Columbia University
Jameel Jaffer is the founding director of the Knight First Amendment Institute at Columbia University, which works to protect and expand the freedoms of speech and the press through strategic litigation, research, and public education. Until recently, Jaffer was deputy legal director at the American Civil Liberties Union and director of the ACLU’s Center for Democracy, in which role he oversaw the ACLU’s work relating to free speech, privacy, technology, national security, and international human rights.
Jaffer has litigated some of the most significant post-9/11 cases relating to national security and civil liberties, including cases concerning detention, interrogation, surveillance, targeted killing, and government secrecy. He co-led the litigation that resulted in the publication of the Bush administration’s “torture memos”—a lawsuit the New York Times described as “among the most successful in the history of public disclosure.” More recently, he led the ACLU’s litigation that resulted in the publication of the Obama administration’s “drone memos.”
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Nonresident Senior Fellow, American Enterprise Institute
Jim Harper is a nonresident senior fellow at the American Enterprise Institute (AEI), where he focuses on privacy issues, and select legal and constitutional law issues.
A lawyer by training, Mr. Harper has served as counsel for the Subcommittee on Commercial, and Administrative Law of the US House Committee on the Judiciary and as counsel for the Senate Committee on Government Affairs. More recently, he worked at the Competitive Enterprise Institute and the Cato Institute, where he wrote on the intersection of business, technology, and public policy, including privacy, surveillance, data security, telecommunications, and cryptocurrencies. He also served as global policy counsel for the Bitcoin Foundation. Mr. Harper was a founding member of the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee. Early in his post-Hill career, he represented companies such as PayPal and Verisign before Congress.
Mr. Harper is the co-editor of “Terrorizing Ourselves: Why U.S. Counterterrorism Policy Is Failing and How to Fix It” (Cato Institute, 2010) and the author of “Identity Crisis: How Identification Is Overused and Misunderstood” (Cato Institute, 2006). He has written several amicus briefs in Fourth Amendment cases before the U.S. Supreme Court and has published scholarly articles in a variety of law journals. In the popular press, Mr. Harper has been published in The New York Times and The Wall Street Journal, among many other publications.
Mr. Harper has a law degree from the U.C. Hastings College of the Law, where he was editor-in-chief of the Hastings Constitutional Law Quarterly, and a BA from the University of California, Santa Barbara.
Assistant Professor of Law and, by courtesy, Computer Science, University of Nebraska College of Law; Nonresident Fellow, Stanford Law School Program in Law, Science & Technology
Professor Dickinson is an Assistant Professor of Law University of Nebraska College of Law, where he teaches Contracts, Business Torts and Unfair Competition, The Common Law, and Remedies. He is also a nonresident fellow with the Stanford Law School Program in Law, Science and Technology and holds a JD from Harvard Law School. Before teaching, Professor Dickinson practiced at Ropes & Gray LLP in Boston and at law firms in Rochester, New York, with a year in between as a law clerk for Judge Richard C. Wesley of the U.S. Court of Appeals for the Second Circuit.
Professor Dickinson's research focuses on the interaction between private law and technology. One major area of interest is how the common law responds to technological innovation and can be harnessed to complement the more particular statutory and regulatory schemes layered atop it. A second branch of his work explores how the tools of machine learning and artificial intelligence can be brought to bear on traditional legal questions. Through computational analysis of large bodies of case law his research seeks to provide a more systematic view of our legal system and doctrines and to guide legal reforms and policy decisions. His work appears in leading journals including the Boston College Law Review, the Stanford Technology Law Review, the Harvard Journal on Legislation, and the Administrative Law Review.
Partner, Gibson Dunn & Crutcher
Jason C. Schwartz is a litigation partner in the Washington, D.C. office of Gibson Dunn, co-chair of the Labor & Employment Practice Group, General Counsel of the law firm and a member of the firm’s Executive Committee. Jason was recognized as an MVP in employment law five times, awarded by Law360 to “attorneys whose achievements in major litigation or transactions have set a new standard for accomplishment in corporate law.” Law360 referred to Jason as “an expert dismantler of worker class actions.”
Jason is ranked in Band 1 in Labor & Employment by Chambers USA, which stated, “He is a whip-smart, results-oriented and zealous advocate who is really committed to the client. His judgment is impeccable.” According to Chambers USA, “[c]lients note: He’s an excellent litigator with a good sense of the client’s needs in a business environment. He’s just a pleasure to work with. He’s disciplined, a great writer and gets great results.” Jason has been recognized as a Top 20 Labor & Employment Litigator in the U.S. by Benchmark Litigation; on the Top 100 list of the Nation’s Most Powerful Employment Attorneys by Human Resource Executive magazine; as a Top Lawyer in Employment Defense by Washingtonian Magazine; as a Leading Lawyer in Labor & Employment Disputes by The Legal 500 US; by Lawdragon 500 Leading Corporate Employment Lawyers for Labor & Employment (Litigation); in The Best Lawyers in America in the Employment Law-Management category; as a Super Lawyer by Washington, D.C. Super Lawyers; and as an Am Law Litigation Daily “Litigator of the Week” for his win in an independent contractor misclassification/wage-and-hour class action. He is a Fellow of the College of Labor & Employment Lawyers.
The practice group Jason co-leads was named by The American Lawyer as the Labor & Employment Litigation Department of the Year in its most recent competition. The American Lawyer noted, “with novel labor and employment issues swirling, Gibson Dunn’s litigators set standards and settle the law,” and that a case “typical for Gibson Dunn’s labor and employment team” is “high-profile,” “cutting-edge,” and “a victory.” The group was also recognized ten times as a Law360 Employment Practice Group of the Year and won The National Law Journal’s D.C. Labor & Employment Litigation Department of the Year competition for the last seven years in a row.
Jason’s practice includes sensitive workplace investigations, high-profile trade secret and non-compete matters, wage-hour and discrimination class actions, Sarbanes-Oxley and other whistleblower protection claims, executive and other significant employment disputes, labor union controversies, and workplace safety litigation.
Recent representative matters include:
Jason has also successfully tried several sensitive whistleblower matters for major national employers, and he prevailed in a precedent-setting Labor Department appeal of one of the first Sarbanes-Oxley whistleblower cases to proceed to trial. He prevailed for Enterprise Rent-A-Car in a case of first impression in which the U.S. Court of Appeals for the Third Circuit created a new joint employer test (the Enterprise test) and affirmed summary judgment for a parent corporation in a series of wage-hour class actions, defeating the plaintiffs’ effort to form a nationwide class (In re Enterprise Rent-A-Car Wage & Hour Employment Practices Litig. (3rd Cir. 2012)). In another case of first impression, he successfully argued in the Utah Supreme Court against the recognition of a tort for spoliation of evidence. In addition, he served as lead trial counsel for a retailer in a highly-publicized OSHA enforcement action relating to crowd control at a day-after-Thanksgiving sale.
Jason also has significant experience in administrative law and rulemakings. He served as counsel to the Fair Labor Standards Reform Coalition, and he played a leading role in preparing comments on behalf of the business community relating to the U.S. Department of Labor’s overtime exemption regulations.
Jason served for many years as the Secretary of the Retail Litigation Center, and he testified before Congress regarding OSHA enforcement programs on behalf of the U.S. Chamber. He frequently speaks and writes on employment law and trade secret related topics. He is the co-author of the treatise Whistleblower Law: A Practitioner’s Guide, published by American Lawyer Media/Law Journal Press, and he previously authored the annual “Trade Secrets Litigation Round-Up” published by Bloomberg BNA.
Jason earned his law degree magna cum laude from Georgetown University Law Center, where he was elected to the Order of the Coif and received the George Brent Mickum III Prize and the Charles A. Keigwin Award for the best academic record in first year courses. From 1995 to 1996, he worked as a Legislative Assistant to Congressman Jon D. Fox. Jason received a B.A. degree in international affairs cum laude in 1994 from The George Washington University.
Jason is admitted to practice in the District of Columbia, Virginia and Maryland, as well as in numerous federal courts. He served for many years as an officer and board member of the Charles E. Smith Jewish Day School, currently serves as a member of the Washington Lawyers Committee of the U.S. Holocaust Memorial Museum, and provides pro bono employment counsel to numerous community organizations.
Of Counsel, Gibson, Dunn & Crutcher LLP
Prerak Shah is Of Counsel at Gibson, Dunn & Crutcher LLP. He was most recently the Acting United States Attorney for the Northern District of Texas, leading a team of approximately 120 Assistant U.S. Attorneys handling a wide range of cases, including securities fraud, health care fraud, the False Claims Act, computer crime, national security, tax fraud, money laundering, public corruption, and terrorism. Mr. Shah previously held several leadership positions at the Department of Justice, including Deputy Associate Attorney General in the office overseeing the work of the Antitrust, Civil, Civil Rights, Environment & Natural Resources, and Tax Divisions. Before joining the Justice Department, Mr. Shah served as Chief of Staff to Senator Ted Cruz and as a Chief Counsel on the Senate Judiciary Committee. He graduated from the University of Chicago Law School and clerked for the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.
Part II: Can States Require Proof of Citizenship for Voter Registration?: Arizona v. Inter Tribal Council of Arizona
Anthony (Tom) Caso
Note from the Editor: This article discusses the Arizona v. Inter Tribal Council of Arizona...
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Brian T. Hodges
Note from the Editor: This article is about the Supreme Court's decision in Koontz v....
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John G. Malcolm
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Andrew Grossman
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Evan A. Young
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Laura W. Murphy, Jameel Jaffer
Before The House Committee on the Judiciary Oversight Hearing on The Administration’s Use of...
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Randy E. Barnett, Jim Harper
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Gregory Dickinson
On June 24, 2013, the Supreme Court announced its decision in Mutual Pharmaceutical Co. v....
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Jason C. Schwartz
On June 24, 2013, the Supreme Court announced its decision in Vance v. Ball State...
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Prerak Shah
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