Professor of Law, University of Notre Dame Law School
Emily Bremer teaches and writes in the areas of administrative law, regulatory process, and civil procedure. Her scholarship focuses primarily on matters of procedural design, with a recent focus on the history and interpretation of the Administrative Procedure Act (APA). She is a recipient of the AALS’s award for the year’s best administrative law scholarship by a junior scholar and the AALL’s Joseph L. Andrew’s Legal Literature Award for her contribution to the Bremer-Kovacs Collection of Historical Documents Related to the APA (HeinOnline). Bremer’s articles include a defense forthcoming in the Virginia Law Review of the constitutionality of the APA’s regime for ensuring the competence and impartiality of Administrative Law Judges; a plea in the Yale Journal on Regulation for administrative law to take greater account of the on-the-ground reality of administration; twin articles uncovering the intellectual foundation and meaning of the APA’s adjudication and rulemaking provisions; and three separate studies that served as the basis of recommendations of the Administrative Conference of the United States (ACUS) on the subjects of agency declaratory orders, incorporation by reference, and statutory limitations on the jurisdiction of the Court of Federal Claims. Bremer serves as a Senior Fellow of ACUS, a co-editor of the administrative law section of Jotwell, and a regular contributor to the Yale Journal on Regulation’s Notice & Comment blog.
Judge, United States Court of Appeals, Eleventh Circuit
Judge Barbara Lagoa was born in Miami, Florida. She received her Bachelor of Arts cum laude in 1989 from Florida International University where she majored in English and was a member of the Phi Kappa Phi honor society. Judge Lagoa received her Juris Doctor from Columbia University School of Law in 1992, where she served as an Associate Editor of the Columbia Law Review. She is fluent in English and Spanish. On December 6, 2019, she received her commission as a judge on the U.S. Eleventh Circuit Court of Appeals from President Donald Trump.
On January 9, 2019, she became the first Hispanic woman and the first Cuban American woman appointed to serve on the Florida Supreme Court. Prior to her appointment by Governor Ron DeSantis to the Florida Supreme Court, Governor Jeb Bush appointed her in June of 2006 to serve on the Third District Court of Appeal. At that court, she became the first Hispanic woman and the first Cuban American woman appointed to serve on the Third District Court of Appeal. On January 1, 2019, she became the first Hispanic female Chief Judge of the Third District Court of Appeal.
Prior to joining the bench, Judge Lagoa practiced in both the civil and criminal arenas. Her civil practice at Greenberg Traurig focused on general and complex commercial litigation, particularly the areas of employment discrimination, business torts, securities litigation, construction litigation, and insurance coverage disputes. In 2003, she joined the United States Attorney’s Office for the Southern District of Florida as an Assistant United States Attorney, where she worked in the Civil, Major Crimes and Appellate Sections. As an Assistant United States Attorney, she tried numerous criminal jury trials, including drug conspiracies and Hobbs Act violations. She also handled a significant number of appeals.
While a practicing lawyer, Judge Lagoa was admitted to The Florida Bar, the United States District Courts for the Middle and Southern Districts of Florida, and the United States Court of Appeals for the Eleventh Circuit. She was also a member of many local, state, and national professional groups including the Dade County Bar Association, and the Florida Association for Women Lawyers.
Judge Lagoa’s civic and community activities include service on the Board of Directors for the YWCA of Greater Miami and Dade County, the Film Society of Miami, Kristi House, and the FIU Alumni Association. She was also a member of the Federal Judicial Nominating Commission. She is currently a member of the Eugene P. Spellman and William Hoeveler Chapter of the American Inns of Court.
Judge Lagoa is married to Paul C. Huck, Jr., an attorney. They have three daughters.
Assistant Professor of Law, George Mason University, Antonin Scalia Law School
Robert Leider is an Assistant Professor of Law at Antonin Scalia Law School, George Mason University. His scholarly interests are in criminal law, criminal procedure, and constitutional law, especially concerning questions about the use of force and the rule of law. He has written on the law of self-defense, the constitutional allocation of military power, and gun control. Among other places, he has published in the Florida Law Review (forthcoming), the Indiana Law Journal, and the Wall Street Journal.
Before joining Antonin Scalia Law School, Professor Leider was at Arnold & Porter in Washington, DC. He was previously with Mayer Brown LLP and was an Olin-Searle-Smith Fellow at the University of Pennsylvania Law School. He has clerked for Judge Diane S. Sykes, of the U.S. Court of Appeals for the Seventh Circuit, and Justice Clarence Thomas. Professor Leider earned a BA, summa cum laude, from The George Washington University, a JD from Yale Law School, and a PhD in Philosophy (dissertation defended with distinction) from Georgetown University. While at Yale, he served as an articles editor for the Yale Law Journal.
Professor Leider teaches criminal law and torts.
Judge, United States Court of Appeals, Sixth Circuit
Amul R. Thapar serves as a judge on the United States Court of Appeals for the Sixth Circuit. His judicial career began in 2007 when President George W. Bush nominated him to serve on the Eastern District of Kentucky, making him the first South Asian Article III judge in American history. In 2017, he became President Donald J. Trump’s first appellate court nominee.
Before joining the bench, Judge Thapar served as the United States Attorney for the Eastern District of Kentucky. While United States Attorney, Judge Thapar worked on the Attorney General’s Advisory Committee (“AGAC”) and chaired the AGAC’s Controlled Substances and Asset Forfeiture subcommittee. He also served on the Terrorism and National Security subcommittee, the Violent Crime subcommittee, and the Child Exploitation working group.
Judge Thapar has worked in private practice, at Williams & Connolly in Washington, D.C., and Squire, Sanders & Dempsey in Cincinnati, Ohio. He also served as an Assistant United States Attorney in both the Southern District of Ohio and the District of Columbia.
Judge Thapar received his undergraduate degree from Boston College and his law degree from the University of California, Berkeley. After graduating, Judge Thapar worked as a law clerk to the Honorable S. Arthur Spiegel of the United States District Court for the Southern District of Ohio, and the Honorable Nathaniel R. Jones of the United States Court of Appeals for the Sixth Circuit.
Judge Thapar has also published in the Yale Law Journal, Michigan Law Review, and Catholic University Law Review. He teaches courses on originalism, the Federalists and Anti-Federalists, and legal writing at Notre Dame Law School, the University of Virginia School of Law, and Vanderbilt Law School.
Partner, Rutan & Tucker LLP
Dave Lanferman is a land use lawyer, whose practice emphasizes real estate development, land use approvals, regulatory and development mitigation fees and a wide range of litigation involving regulatory requirements. His land use expertise includes the California Mitigation Fee Act, California Environmental Quality Act (CEQA), and regulatory compliance, environmental mitigation, planning, zoning and subdivision approvals and litigation, development impact fees, and appropriate conditions of approval.
He is an editorial advisor and update author for CEB’s authoritative treatise on California Land Use Practice, and has served as Vice Chair of the State Bar’s Real Property Law Section. Dave’s clients include developers, property owners, home builders, public agencies, public interest groups, and industry associations.
Partner, Marzulla Law
Ms. Marzulla served as an Attorney-Advisor and as a trial lawyer prosecuting employment violations in the Civil Rights Division at the U.S. Department of Justice. Later, Nancie joined the law firm of Verner, Liipfert (now DLA Piper), where she litigated complex airline and other civil matters. In 1991, She founded Defenders of Property Rights, where she was involved in high profile takings cases in the Supreme Court, federal courts of appeal, and trial courts. Ms. Marzulla also worked at the International Labor Organization in Geneva, Switzerland doing comparative legal research.
Nancie G. Marzulla is a founding partner of Marzulla Law, ranked as one of the nation’s “Best Law Firms,” and a “Tier One” environmental litigation firm by the U.S. News and World Report. Nancie’s litigation practice concentrates on water rights, takings, and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, the Supreme Court, and in international tribunals. Nancie also represents corporate clients in enforcement or permitting disputes with federal regulatory agencies.
Senior Litigation Counsel, New Civil Liberties Alliance
Mr. Vecchione is a Senior Litigation Counsel for the non-profit New Civil Liberties Alliance representing clients against the Administrative State. He was previously President and CEO of the non-profit Cause of Action Institute, also advancing the constitutional order. He practiced at a number of D.C. area firms, including the eponymous John J. Vecchione Law, PLLC. Mr. Vecchione focuses his practice on strategic litigation in the federal district and appellate courts, including the Supreme Court of the United States. He is an experienced trial and appellate advocate having tried cases and argued appeals across the country. He is a member of the bars of the State of New York, the District of Columbia, and the Commonwealth of Virginia, as well as the Supreme Court of the United States and many federal courts. His cases are reported in scores of published opinions. He has also published pieces advancing the freedom agenda and constitutional order in the Wall Street Journal, the Washington Times and many other forums. He lives in Virginia with his wife Rebecca, sons Tommy and Joe.
Professor of Law, University of Notre Dame Law School
Emily Bremer teaches and writes in the areas of administrative law, regulatory process, and civil procedure. Her scholarship focuses primarily on matters of procedural design, with a recent focus on the history and interpretation of the Administrative Procedure Act (APA). She is a recipient of the AALS’s award for the year’s best administrative law scholarship by a junior scholar and the AALL’s Joseph L. Andrew’s Legal Literature Award for her contribution to the Bremer-Kovacs Collection of Historical Documents Related to the APA (HeinOnline). Bremer’s articles include a defense forthcoming in the Virginia Law Review of the constitutionality of the APA’s regime for ensuring the competence and impartiality of Administrative Law Judges; a plea in the Yale Journal on Regulation for administrative law to take greater account of the on-the-ground reality of administration; twin articles uncovering the intellectual foundation and meaning of the APA’s adjudication and rulemaking provisions; and three separate studies that served as the basis of recommendations of the Administrative Conference of the United States (ACUS) on the subjects of agency declaratory orders, incorporation by reference, and statutory limitations on the jurisdiction of the Court of Federal Claims. Bremer serves as a Senior Fellow of ACUS, a co-editor of the administrative law section of Jotwell, and a regular contributor to the Yale Journal on Regulation’s Notice & Comment blog.
Judge, United States Court of Appeals, Eleventh Circuit
Judge Barbara Lagoa was born in Miami, Florida. She received her Bachelor of Arts cum laude in 1989 from Florida International University where she majored in English and was a member of the Phi Kappa Phi honor society. Judge Lagoa received her Juris Doctor from Columbia University School of Law in 1992, where she served as an Associate Editor of the Columbia Law Review. She is fluent in English and Spanish. On December 6, 2019, she received her commission as a judge on the U.S. Eleventh Circuit Court of Appeals from President Donald Trump.
On January 9, 2019, she became the first Hispanic woman and the first Cuban American woman appointed to serve on the Florida Supreme Court. Prior to her appointment by Governor Ron DeSantis to the Florida Supreme Court, Governor Jeb Bush appointed her in June of 2006 to serve on the Third District Court of Appeal. At that court, she became the first Hispanic woman and the first Cuban American woman appointed to serve on the Third District Court of Appeal. On January 1, 2019, she became the first Hispanic female Chief Judge of the Third District Court of Appeal.
Prior to joining the bench, Judge Lagoa practiced in both the civil and criminal arenas. Her civil practice at Greenberg Traurig focused on general and complex commercial litigation, particularly the areas of employment discrimination, business torts, securities litigation, construction litigation, and insurance coverage disputes. In 2003, she joined the United States Attorney’s Office for the Southern District of Florida as an Assistant United States Attorney, where she worked in the Civil, Major Crimes and Appellate Sections. As an Assistant United States Attorney, she tried numerous criminal jury trials, including drug conspiracies and Hobbs Act violations. She also handled a significant number of appeals.
While a practicing lawyer, Judge Lagoa was admitted to The Florida Bar, the United States District Courts for the Middle and Southern Districts of Florida, and the United States Court of Appeals for the Eleventh Circuit. She was also a member of many local, state, and national professional groups including the Dade County Bar Association, and the Florida Association for Women Lawyers.
Judge Lagoa’s civic and community activities include service on the Board of Directors for the YWCA of Greater Miami and Dade County, the Film Society of Miami, Kristi House, and the FIU Alumni Association. She was also a member of the Federal Judicial Nominating Commission. She is currently a member of the Eugene P. Spellman and William Hoeveler Chapter of the American Inns of Court.
Judge Lagoa is married to Paul C. Huck, Jr., an attorney. They have three daughters.
Assistant Professor of Law, George Mason University, Antonin Scalia Law School
Robert Leider is an Assistant Professor of Law at Antonin Scalia Law School, George Mason University. His scholarly interests are in criminal law, criminal procedure, and constitutional law, especially concerning questions about the use of force and the rule of law. He has written on the law of self-defense, the constitutional allocation of military power, and gun control. Among other places, he has published in the Florida Law Review (forthcoming), the Indiana Law Journal, and the Wall Street Journal.
Before joining Antonin Scalia Law School, Professor Leider was at Arnold & Porter in Washington, DC. He was previously with Mayer Brown LLP and was an Olin-Searle-Smith Fellow at the University of Pennsylvania Law School. He has clerked for Judge Diane S. Sykes, of the U.S. Court of Appeals for the Seventh Circuit, and Justice Clarence Thomas. Professor Leider earned a BA, summa cum laude, from The George Washington University, a JD from Yale Law School, and a PhD in Philosophy (dissertation defended with distinction) from Georgetown University. While at Yale, he served as an articles editor for the Yale Law Journal.
Professor Leider teaches criminal law and torts.
Judge, United States Court of Appeals, Sixth Circuit
Amul R. Thapar serves as a judge on the United States Court of Appeals for the Sixth Circuit. His judicial career began in 2007 when President George W. Bush nominated him to serve on the Eastern District of Kentucky, making him the first South Asian Article III judge in American history. In 2017, he became President Donald J. Trump’s first appellate court nominee.
Before joining the bench, Judge Thapar served as the United States Attorney for the Eastern District of Kentucky. While United States Attorney, Judge Thapar worked on the Attorney General’s Advisory Committee (“AGAC”) and chaired the AGAC’s Controlled Substances and Asset Forfeiture subcommittee. He also served on the Terrorism and National Security subcommittee, the Violent Crime subcommittee, and the Child Exploitation working group.
Judge Thapar has worked in private practice, at Williams & Connolly in Washington, D.C., and Squire, Sanders & Dempsey in Cincinnati, Ohio. He also served as an Assistant United States Attorney in both the Southern District of Ohio and the District of Columbia.
Judge Thapar received his undergraduate degree from Boston College and his law degree from the University of California, Berkeley. After graduating, Judge Thapar worked as a law clerk to the Honorable S. Arthur Spiegel of the United States District Court for the Southern District of Ohio, and the Honorable Nathaniel R. Jones of the United States Court of Appeals for the Sixth Circuit.
Judge Thapar has also published in the Yale Law Journal, Michigan Law Review, and Catholic University Law Review. He teaches courses on originalism, the Federalists and Anti-Federalists, and legal writing at Notre Dame Law School, the University of Virginia School of Law, and Vanderbilt Law School.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Robert S. Stevens Professor of Law, Cornell Law School
Michael C. Dorf, the Robert S. Stevens Professor of Law at Cornell Law School, has been teaching law since 1992. He has authored or co-authored six books and over one hundred scholarly articles and essays for law journals and peer-reviewed science and social science journals. He also frequently writes for non-lawyers. In addition to occasional contributions to The New York Times, USA Today, CNN.com, The Los Angeles Times, and other wide-circulation publications, Professor Dorf has been writing a bi-weekly column since 2000 and publishes a popular blog, Dorf on Law. He received his undergraduate and law degrees from Harvard. After law school, Dorf served as a law clerk for Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit and then for Justice Anthony M. Kennedy of the U.S. Supreme Court. He has worked with several law firms and maintains an active pro bono practice mostly consisting of writing Supreme Court briefs. Before joining the Cornell faculty, Professor Dorf taught at Rutgers-Camden Law School for three years and at Columbia Law School for thirteen years.
Panel I: What is General Common Law and How do Originalist/Textualist Judges Use It?
Emily Bremer, Barbara Lagoa, Robert Leider, Amul R. Thapar
Justice Antonin Scalia succeeded in making textualism the predominant method of legal interpretation. But now...
Panel I: What is General Common Law and How do Originalist/Textualist Judges Use It?
2024 Florida Chapters Conference
Kissimmee, FLLoper and Labor Law: Implications of a Possible Decrease in Deference on New Rulemaking
Sheetz v. County of El Dorado, CA - Post-Argument SCOTUScast
David P. Lanferman, Nancie G. Marzulla
On January 9, 2024, the Supreme Court will hear oral argument in Sheetz v. County...
Topics
The Meaning of “Regulate Commerce” to the Constitution’s Ratifiers: An Update
Constitutional Background The constitutional justification for much of the federal regulatory and administrative apparatus rests...
Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce - Post-Argument SCOTUScast
John J. Vecchione
On January 17, 2024 the Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo...
Topics
A Brief Guide to the 2023 Amendments to the Federal Rules of Evidence
Amendments to Federal Rules of Evidence 702, 106, and 615 took effect on December 1,...
Originalism and the Supreme Court
Cornell Student Chapter
Ithaca, NYTavern Debate
2024 Western Chapters Conference
Westlake Village, CATopics
Supreme Court to Decide Whether EMTALA Preempts State Abortion Laws: Idaho v. U.S. and Moyle v. U.S.
Abortion is before the Supreme Court once again. This month, the Court granted certiorari in...