Senior Fellow, Independent Institute
Dr. Stephen P. Halbrook is a Senior Fellow at the Independent Institute. He has taught legal and political philosophy at George Mason University, Howard University, and Tuskegee Institute, and he received his J.D. from the Georgetown University Law Center and Ph.D. in social philosophy from Florida State University.
The winner of three cases before the U.S. Supreme Court (Printz v. United States, United States v. Thompson/Center Arms Company, and Castillo v. United States), he has testified before the Subcommittee on the Constitution of the Senate Judiciary Committee, Senate Subcommittee on the Constitution, Subcommittee on Crime of the House Judiciary Committee, Senate Governmental Affairs Committee, and House Committee on the District of Columbia.
A contributor to numerous scholarly volumes, he is the author of the books, Gun Control in Nazi-Occupied France: Tyranny and Resistance; Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State”; The Founders’ Second Amendment: Origins of the Right to Bear Arms; That Every Man Be Armed: Evolution of a Constitutional Right; A Right to Bear Arms; Firearms Law Deskbook: Federal and State Criminal Practice; Securing Civil Rights: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms; State and Federal Bills of Rights and Constitutional Guarantees; and Target Switzerland: Swiss Armed Neutrality in World War II. Dr. Halbrook’s scholarly articles have appeared in such journals as the Arizona Journal of International and Comparative Law, Drug Law Report, George Mason University Law Review, Journal of Air Law and Commerce, Journal of Law and Policy, Law & Contemporary Problems, National Law Journal, Northern Kentucky Law Review, St. John’s Journal of Legal Commentary; Seton Hall Constitutional Law Journal, Tennessee Law Review, University of Dayton Law Review, Valparaiso University Law Review, Vermont Law Review, and William & Mary Bill of Rights Journal.
Dr. Halbrook's popular articles have appeared in such publications as the Wall Street Journal, Newsday, San Francisco Chronicle, National Review, Investor’s Business Daily, Kansas City Star, Washington Examiner, Shreveport Times, Sacramento Bee, Providence Journal, Tampa Tribune, Pittsburgh Tribune-Review, History News Network, San Antonio Express-News, The Daily Caller, Detroit News, Honolulu Star Advertiser, Birmingham News, Environmental Forum, USA Today, and Washington Times. He has also appeared on numerous national TV/radio programs on CNN, Fox News Channel, Fox Business Network, Court TV, NewsMax TV, CBN, Voice of America, and C-SPAN.
Judge, United States Court of Appeals, Second Circuit
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Senior Fellow, Ave Maria School of Law and Host of the Four Boxes Diner Second Amendment Channel
Mark W. Smith is Visiting Fellow in Pharmaceutical Public Policy and Law in the Department of Pharmacology at the University of Oxford; Presidential Scholar and a Senior Fellow in Law and Public Policy at The King’s College; and Distinguished Scholar and Senior Fellow of Law and Public Policy at the Ave Maria School of Law.
He is a constitutional attorney and Host of the Four Boxes Diner YouTube channel—which provides scholarly and historical analyses of the Second Amendment. Mark is also a New York Times bestselling author.
Associate Professor, Charleston School of Law
Bill Merkel joined the Charleston School of Law faculty in 2012. Merkel graduated from Johns Hopkins University with a B.A. in history in 1988 and proceeded to work as a cook in Baltimore and then as an analyst with the Department of Transportation in Washington, D.C. before returning to graduate studies in history and law.
He completed his J.D. at Columbia Law School in 1996 and then worked in appellate litigation with Wiley, Rein & Fielding in Washington, D.C. from 1997-1998. Merkel is the author, with the late Richard Uviller, of The Militia and the Right to Arms, Or, How the Second Amendment Fell Silent (Duke University Press, 2002). He taught American history at Oxford University from 2001-2003 and Comparative Introduction to American Law to foreign trained LL.M. students at Columbia Law School from 2003-2005. From 2005-2011, Merkel was an Associate Professor of Law at Washburn Law School in Topeka, Kansas, where he was named Professor of the Year by the graduating class in 2008. At Washburn, Merkel taught Constitutional Law I & II, Comparative Constitutional Law, Public International Law, and International Criminal Law and the Law of War. He received a doctorate in history from Oxford University in 2007.
Merkel has held visiting positions at the University of North Dakota School of Law in 2009 and at the University of South Carolina School of Law in 2011-12. In 2013 and 2014, Merkel taught The United States and the International Court of Justice in the Hague, Netherlands as part of the Charleston School of Law’s summer school consortium program administered by Stetson University School of Law. At the Charleston School of Law, Merkel continues to teach courses in Constitutional Law, International Law, Comparative Law, and Legal History. Merkel’s article “Jefferson’s Failed Anti-Slavery Proviso of 1784 and the Nascence of Free Soil Constitutionalism” was selected as the best submission in constitutional history by the Stanford/Yale Junior Faculty Forum in 2006. Merkel is in the process of revising his Oxford doctoral thesis “Race, Liberty, and Law: Thomas Jefferson and Slavery, 1770-1800” for publication as a book to be titled Ambiguous Beginnings: Thomas Jefferson, Slavery, and the Foundations of American Constitutionalism. Merkel has published numerous articles in journals including the Chicago-Kent Law Review, Connecticut Law Review, Lewis and Clark Law Review, Santa Clara Law Review, Seton Hall Law Review, Rutgers Law Review, and Law and History Review. His scholarship on the Second Amendment has been cited by many authors and jurists, including Justice Breyer in a dissenting opinion in McDonald v. City of Chicago. In 2013, following the successful defense of his dissertation “The Second Amendment and the Constitutional Right to Self-Defense,” Merkel was awarded a J.S.D. degree by Columbia University.
Merkel is a member of the District of Columbia, New York, and United States Supreme Court Bars.
Senior Fellow, Independent Institute
Dr. Stephen P. Halbrook is a Senior Fellow at the Independent Institute. He has taught legal and political philosophy at George Mason University, Howard University, and Tuskegee Institute, and he received his J.D. from the Georgetown University Law Center and Ph.D. in social philosophy from Florida State University.
The winner of three cases before the U.S. Supreme Court (Printz v. United States, United States v. Thompson/Center Arms Company, and Castillo v. United States), he has testified before the Subcommittee on the Constitution of the Senate Judiciary Committee, Senate Subcommittee on the Constitution, Subcommittee on Crime of the House Judiciary Committee, Senate Governmental Affairs Committee, and House Committee on the District of Columbia.
A contributor to numerous scholarly volumes, he is the author of the books, Gun Control in Nazi-Occupied France: Tyranny and Resistance; Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State”; The Founders’ Second Amendment: Origins of the Right to Bear Arms; That Every Man Be Armed: Evolution of a Constitutional Right; A Right to Bear Arms; Firearms Law Deskbook: Federal and State Criminal Practice; Securing Civil Rights: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms; State and Federal Bills of Rights and Constitutional Guarantees; and Target Switzerland: Swiss Armed Neutrality in World War II. Dr. Halbrook’s scholarly articles have appeared in such journals as the Arizona Journal of International and Comparative Law, Drug Law Report, George Mason University Law Review, Journal of Air Law and Commerce, Journal of Law and Policy, Law & Contemporary Problems, National Law Journal, Northern Kentucky Law Review, St. John’s Journal of Legal Commentary; Seton Hall Constitutional Law Journal, Tennessee Law Review, University of Dayton Law Review, Valparaiso University Law Review, Vermont Law Review, and William & Mary Bill of Rights Journal.
Dr. Halbrook's popular articles have appeared in such publications as the Wall Street Journal, Newsday, San Francisco Chronicle, National Review, Investor’s Business Daily, Kansas City Star, Washington Examiner, Shreveport Times, Sacramento Bee, Providence Journal, Tampa Tribune, Pittsburgh Tribune-Review, History News Network, San Antonio Express-News, The Daily Caller, Detroit News, Honolulu Star Advertiser, Birmingham News, Environmental Forum, USA Today, and Washington Times. He has also appeared on numerous national TV/radio programs on CNN, Fox News Channel, Fox Business Network, Court TV, NewsMax TV, CBN, Voice of America, and C-SPAN.
Judge, United States Court of Appeals, Second Circuit
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Associate Professor, Charleston School of Law
Bill Merkel joined the Charleston School of Law faculty in 2012. Merkel graduated from Johns Hopkins University with a B.A. in history in 1988 and proceeded to work as a cook in Baltimore and then as an analyst with the Department of Transportation in Washington, D.C. before returning to graduate studies in history and law.
He completed his J.D. at Columbia Law School in 1996 and then worked in appellate litigation with Wiley, Rein & Fielding in Washington, D.C. from 1997-1998. Merkel is the author, with the late Richard Uviller, of The Militia and the Right to Arms, Or, How the Second Amendment Fell Silent (Duke University Press, 2002). He taught American history at Oxford University from 2001-2003 and Comparative Introduction to American Law to foreign trained LL.M. students at Columbia Law School from 2003-2005. From 2005-2011, Merkel was an Associate Professor of Law at Washburn Law School in Topeka, Kansas, where he was named Professor of the Year by the graduating class in 2008. At Washburn, Merkel taught Constitutional Law I & II, Comparative Constitutional Law, Public International Law, and International Criminal Law and the Law of War. He received a doctorate in history from Oxford University in 2007.
Merkel has held visiting positions at the University of North Dakota School of Law in 2009 and at the University of South Carolina School of Law in 2011-12. In 2013 and 2014, Merkel taught The United States and the International Court of Justice in the Hague, Netherlands as part of the Charleston School of Law’s summer school consortium program administered by Stetson University School of Law. At the Charleston School of Law, Merkel continues to teach courses in Constitutional Law, International Law, Comparative Law, and Legal History. Merkel’s article “Jefferson’s Failed Anti-Slavery Proviso of 1784 and the Nascence of Free Soil Constitutionalism” was selected as the best submission in constitutional history by the Stanford/Yale Junior Faculty Forum in 2006. Merkel is in the process of revising his Oxford doctoral thesis “Race, Liberty, and Law: Thomas Jefferson and Slavery, 1770-1800” for publication as a book to be titled Ambiguous Beginnings: Thomas Jefferson, Slavery, and the Foundations of American Constitutionalism. Merkel has published numerous articles in journals including the Chicago-Kent Law Review, Connecticut Law Review, Lewis and Clark Law Review, Santa Clara Law Review, Seton Hall Law Review, Rutgers Law Review, and Law and History Review. His scholarship on the Second Amendment has been cited by many authors and jurists, including Justice Breyer in a dissenting opinion in McDonald v. City of Chicago. In 2013, following the successful defense of his dissertation “The Second Amendment and the Constitutional Right to Self-Defense,” Merkel was awarded a J.S.D. degree by Columbia University.
Merkel is a member of the District of Columbia, New York, and United States Supreme Court Bars.
Senior Fellow, Ave Maria School of Law and Host of the Four Boxes Diner Second Amendment Channel
Mark W. Smith is Visiting Fellow in Pharmaceutical Public Policy and Law in the Department of Pharmacology at the University of Oxford; Presidential Scholar and a Senior Fellow in Law and Public Policy at The King’s College; and Distinguished Scholar and Senior Fellow of Law and Public Policy at the Ave Maria School of Law.
He is a constitutional attorney and Host of the Four Boxes Diner YouTube channel—which provides scholarly and historical analyses of the Second Amendment. Mark is also a New York Times bestselling author.
John P. Murphy Foundation Professor of Law and Associate Dean for External Engagement, University of Notre Dame Law School
Nicole Stelle Garnett is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where she also serves as the Associate Dean for External Engagement and directs the Notre Dame Education Law Project. Her teaching and research focus on education law and policy, religious liberty, and topics related to property law (especially land use and urban development policies). In addition to dozens of articles on these subjects, she is the author of Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America (University of Chicago Press, 2014) and Ordering the City: Land Use, Policing and the Restoration of Urban America (Yale University Press, 2009).
Garnett received her B.A. with distinction in Political Science from Stanford University and her J.D. from Yale Law School. After law school, she clerked for the Honorable Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and for Associate Justice Clarence Thomas of the Supreme Court of the United States. Before joining the law school faculty in 1999, she worked for two years as a staff attorney at the Institute for Justice, a non-profit public-interest law firm in Washington, D.C., where she helped to defend the constitutionality of the nation's first private-school-choice programs.
At Notre Dame, Garnett is a faculty fellow in the Institute for Educational Initiatives, Kellogg Institute for International Studies, Fitzgerald Institute for Real Estate, and deNicola Center for Ethics and Culture. She also is an elected member of the American Law Institute and a Senior Fellow at the Manhattan Institute.
Judge, United States Court of Appeals, Sixth Circuit
Raymond M. Kethledge is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit, to which he was appointed on July 8, 2008. He received his BA in history from the University of Michigan in 1989, and his JD from the University of Michigan Law School in 1993. He clerked for Justice Anthony Kennedy of the United States Supreme Court and Judge Ralph B. Guy, Jr. of the United States Court of Appeals for the Sixth Circuit. He also worked in the United States Senate and later, with two partners, founded a boutique litigation firm, now known as Bush Seyferth PLLC, in Troy, Michigan. His practice there included a broad mix of trial-court, appellate, and class-action litigation.
William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
William (Bill) Marshall joined the Carolina Law faculty in 2001 and serves as the William R. Kenan Jr. Distinguished Professor of Law. His teaching and research interests include the first amendment, presidential power, election law, federal jurisdiction, federal judicial selection, civil procedure, and media law. Marshall is the author of numerous book chapters, articles, and essays on free speech, separation of powers, the Establishment Clause, and the Free Exercise Clause. His work has appeared in the Harvard Law Review, the Yale Law Journal, the Supreme Court Review, and the University of Chicago Law Review, among others.
Marshall received his law degree from the University of Chicago and his undergraduate degree from the University of Pennsylvania. Marshall was Deputy Counsel to the President and Deputy Assistant to the President during the Clinton Administration and also served as the Solicitor General for the State of Ohio. He has taught at the Northwestern, Boston University, Vanderbilt, Ohio State, DePaul, Case Western Reserve, William and Mary, and the University Connecticut law schools. Prior to beginning his teaching career, Marshall was a Special Assistant Attorney General for the State of Minnesota.
Partner, Clement & Murphy, PLLC
Erin Murphy is founding partner of Clement & Murphy, PLLC. She is widely recognized as one of the nation’s leading Supreme Court and appellate advocates. She has argued dozens of cases in appellate and trial courts throughout the country, including the Supreme Court and nearly all of the federal courts of appeals. Erin has long been ranked by Chambers & Partners rankings as a leading appellate practitioner, and the National Law Journal has named her one of the nation’s “Outstanding Women Lawyers.” Erin also has an active pro bono practice, through which she has successfully represented many religious organizations and adherents, criminal defendants, asylum applicants, adoptive parents, and more.
Erin is an adjunct professor at her alma mater the Georgetown University Law Center, a member and former officer of the Edward Coke Appellate Inn of Court, and a frequent speaker on topics relating to the Supreme Court and appellate advocacy. In her spare time, Erin serves on the board of directors of Street Law.
John P. Murphy Foundation Professor of Law and Associate Dean for External Engagement, University of Notre Dame Law School
Nicole Stelle Garnett is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where she also serves as the Associate Dean for External Engagement and directs the Notre Dame Education Law Project. Her teaching and research focus on education law and policy, religious liberty, and topics related to property law (especially land use and urban development policies). In addition to dozens of articles on these subjects, she is the author of Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America (University of Chicago Press, 2014) and Ordering the City: Land Use, Policing and the Restoration of Urban America (Yale University Press, 2009).
Garnett received her B.A. with distinction in Political Science from Stanford University and her J.D. from Yale Law School. After law school, she clerked for the Honorable Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and for Associate Justice Clarence Thomas of the Supreme Court of the United States. Before joining the law school faculty in 1999, she worked for two years as a staff attorney at the Institute for Justice, a non-profit public-interest law firm in Washington, D.C., where she helped to defend the constitutionality of the nation's first private-school-choice programs.
At Notre Dame, Garnett is a faculty fellow in the Institute for Educational Initiatives, Kellogg Institute for International Studies, Fitzgerald Institute for Real Estate, and deNicola Center for Ethics and Culture. She also is an elected member of the American Law Institute and a Senior Fellow at the Manhattan Institute.
Judge, United States Court of Appeals, Sixth Circuit
Raymond M. Kethledge is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit, to which he was appointed on July 8, 2008. He received his BA in history from the University of Michigan in 1989, and his JD from the University of Michigan Law School in 1993. He clerked for Justice Anthony Kennedy of the United States Supreme Court and Judge Ralph B. Guy, Jr. of the United States Court of Appeals for the Sixth Circuit. He also worked in the United States Senate and later, with two partners, founded a boutique litigation firm, now known as Bush Seyferth PLLC, in Troy, Michigan. His practice there included a broad mix of trial-court, appellate, and class-action litigation.
William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
William (Bill) Marshall joined the Carolina Law faculty in 2001 and serves as the William R. Kenan Jr. Distinguished Professor of Law. His teaching and research interests include the first amendment, presidential power, election law, federal jurisdiction, federal judicial selection, civil procedure, and media law. Marshall is the author of numerous book chapters, articles, and essays on free speech, separation of powers, the Establishment Clause, and the Free Exercise Clause. His work has appeared in the Harvard Law Review, the Yale Law Journal, the Supreme Court Review, and the University of Chicago Law Review, among others.
Marshall received his law degree from the University of Chicago and his undergraduate degree from the University of Pennsylvania. Marshall was Deputy Counsel to the President and Deputy Assistant to the President during the Clinton Administration and also served as the Solicitor General for the State of Ohio. He has taught at the Northwestern, Boston University, Vanderbilt, Ohio State, DePaul, Case Western Reserve, William and Mary, and the University Connecticut law schools. Prior to beginning his teaching career, Marshall was a Special Assistant Attorney General for the State of Minnesota.
Partner, Clement & Murphy, PLLC
Erin Murphy is founding partner of Clement & Murphy, PLLC. She is widely recognized as one of the nation’s leading Supreme Court and appellate advocates. She has argued dozens of cases in appellate and trial courts throughout the country, including the Supreme Court and nearly all of the federal courts of appeals. Erin has long been ranked by Chambers & Partners rankings as a leading appellate practitioner, and the National Law Journal has named her one of the nation’s “Outstanding Women Lawyers.” Erin also has an active pro bono practice, through which she has successfully represented many religious organizations and adherents, criminal defendants, asylum applicants, adoptive parents, and more.
Erin is an adjunct professor at her alma mater the Georgetown University Law Center, a member and former officer of the Edward Coke Appellate Inn of Court, and a frequent speaker on topics relating to the Supreme Court and appellate advocacy. In her spare time, Erin serves on the board of directors of Street Law.
Judge, United States Court of Appeals, Seventh Circuit
Michael B. Brennan was confirmed and sworn in as a Circuit Judge for the U.S. Court of Appeals for the Seventh Circuit in May 2018.
He previously worked as a partner in the Milwaukee law firm of Gass Weber Mullins LLC, where he tried cases and handled appeals in federal and state courts, as a judge on the Milwaukee County Circuit, where he presided over a variety of criminal and civil calendars, and as an assistant district attorney in the Milwaukee County District Attorney’s office.
Brennan’s undergraduate degree is from the University of Notre Dame, and his law degree from Northwestern University School of Law, where he was an editor on the law review and the moot court champion. He served as a law clerk on the U.S. District Court for the Eastern District of Wisconsin and the U.S. Court of Appeals for the Seventh Circuit.
Partner, Jones Day
Eric Dreiband represents clients in investigations, litigation, and counseling in civil rights, employment discrimination, whistleblower, wage and hour, and other matters. Prior to rejoining Jones Day in 2021, Eric served as the 18th Assistant Attorney General for the Civil Rights Division at the U.S. Department of Justice (DOJ), and he also served as the 12th General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC).
Under Eric's leadership, DOJ's Civil Rights Division set enforcement records for prosecutions of law enforcement officers and sexual harassment, religious liberty, and servicemember cases; charged the highest number of hate crimes cases in decades; significantly expanded resources for human trafficking prosecutions; prosecuted race and other forms of illegal discrimination in education, employment, housing, lending, and voting; reached historic disability rights settlements with several states; opposed unlawful COVID-19-related civil liberty restrictions; and successfully litigated to protect the Constitutional and civil rights of all people in the United States.
As EEOC general counsel, Eric led the Commission's litigation of the federal employment antidiscrimination laws, and he issued the Regional Attorneys' Manual, which established the policies of EEOC's litigation program. Eric also served at the Department of Labor (DOL) as deputy wage and hour administrator and directed DOL's enforcement of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and other laws.
From 1997 to 2000, Eric served as a prosecutor in the Office of Independent Counsel Kenneth W. Starr.
Eric has spoken and written extensively about civil rights and other employment laws, and he has testified about these subjects before committees of the U.S. House of Representatives and the U.S. Senate.
Former Director, Office of Federal Contract Compliance Programs, U.S. Department of Labo
Shareholder, Ogletree Deakins
Brian Hayes is a Shareholder in the Washington, DC office of Ogletree Deakins and serves as Co-Chair of the law firm’s Traditional Labor Practice Group. Immediately prior to his joining the firm he was a Member of the National Labor Relations Board. He was confirmed to that post by the United States Senate in 2010 and his term ended in December of 2012. He is currently a Member of the U.S. Chamber of Commerce Litigation Advisory Committee and was recently named Chairman of the U.S. Chamber’s Subcommittee on the National Labor Relations Act. He also serves as editor in chief for The Practical NLRB Advisor.
Prior to his nomination and confirmation to the NLRB, Brian Hayes served as the Republican Labor Policy Director for the United States Senate Committee on Health, Education, Labor and Pensions. He came to Capitol Hill in 2005 after nearly thirty years in private legal practice devoted exclusively to representing management clients in labor and employment matters. While in private practice he represented clients in scores of cases before NLRB, state and federal courts, and a host of other federal agencies such as the EEOC, OFCCP, OSHA, the Department of Labor and their state counterparts. He also has had extensive private practice experience representing employers in collective-bargaining negotiations, arbitrations and other forms of dispute resolution. In addition to his private practice, he served as Counsel to the Employers’ Association of the Northeast, editor-in-chief and contributor to The Health Care Labor Manual, and also served on the adjunct faculty of Western New England Law School teaching courses in labor law, and collective-bargaining, arbitration and employment litigation. Before entering private practice he began his legal career at the NLRB working as a law clerk to the Chief Administrative Law Judge while in law school and subsequently as counsel to the then-Board Chairman. He is a graduate of Boston College and of Georgetown University Law School.
Chief Counsel, U.S. Chamber Litigation Center
Steven P. Lehotsky has significant experience developing and executing litigation strategies to help businesses and trade associations address their most important regulatory and public-policy challenges.
Before founding Lehotsky Keller LLP, Mr. Lehotsky directed the litigation strategy of the U.S. Chamber of Commerce, the world's leading business federation, where he worked from 2013-2021. While at the U.S. Chamber’s Litigation Center, he served as chief litigation counsel. Mr. Lehotsky led the Chamber's efforts to bring successful challenges to federal, state, and local regulations of business. He also directed the U.S. Chamber's efforts to defend pro-growth regulatory reforms. Mr. Lehotsky also led and implemented the U.S. Chamber’s strategies for filing hundreds of amicus curiae briefs in the U.S. Supreme Court, federal appellate and district courts, and state supreme and appellate courts. He is a frequent speaker at events and conferences on litigation and regulatory trends.
Mr. Lehotsky previously was an attorney at WilmerHale LLP in both the Washington D.C. and Boston offices, where he practiced government and regulatory litigation, appellate litigation, and counseling on constitutional, statutory, and regulatory issues for clients across a wide variety of industry sectors. He also previously practiced as a commercial litigator at Goodwin Procter LLP in Boston.
In addition, Mr. Lehotsky was an Attorney-Adviser in the Office of Legal Counsel of the U.S. Department of Justice from 2006-2009, advising the White House and executive departments and agencies on constitutional and statutory issues relating to national security, immigration, international sanctions under the International Emergency Economic Powers Act and other programs, the response to the 2008 financial crisis, pandemic influenza and infectious-disease mitigation, cybersecurity, and congressional investigations, among many other subjects.
Mr. Lehotsky was a law clerk for Justice Antonin Scalia of the Supreme Court of the United States and Chief Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit.
Chief Legal and Government Affairs Officer, BrightStar Care
Cheryl M. Stanton is Chief Legal and Government Affairs Officer at BrightStar Care. Prior to joining BrightStar Care, she served as Administrator of the Department of Labor’s Wage and Hour Division. She was sworn in as WHD’s Administrator by U.S. Secretary of Labor Alexander Acosta on April 29, 2019.
Stanton brought a wealth of experience to WHD, most recently having served as the Executive Director of the South Carolina Department of Employment and Workforce. Under her leadership, South Carolina’s jobless rate dropped to its lowest point in at least 50 years. During that time period, South Carolina’s workforce system helped place over 500,000 South Carolinians into jobs. Stanton also partnered with her colleague at the Department of Corrections to create a job re-entry program for ex-offenders, receiving national accolades. She also oversaw two major information technology modernization projects that improved customer service and increased efficiencies for employees.
Stanton served as the White House’s principal legal liaison to the DOL under President George W. Bush. She is a graduate of Williams College, and earned her law degree from the University of Chicago Law School.
Judge, United States Court of Appeals, Seventh Circuit
Michael B. Brennan was confirmed and sworn in as a Circuit Judge for the U.S. Court of Appeals for the Seventh Circuit in May 2018.
He previously worked as a partner in the Milwaukee law firm of Gass Weber Mullins LLC, where he tried cases and handled appeals in federal and state courts, as a judge on the Milwaukee County Circuit, where he presided over a variety of criminal and civil calendars, and as an assistant district attorney in the Milwaukee County District Attorney’s office.
Brennan’s undergraduate degree is from the University of Notre Dame, and his law degree from Northwestern University School of Law, where he was an editor on the law review and the moot court champion. He served as a law clerk on the U.S. District Court for the Eastern District of Wisconsin and the U.S. Court of Appeals for the Seventh Circuit.
Partner, Jones Day
Eric Dreiband represents clients in investigations, litigation, and counseling in civil rights, employment discrimination, whistleblower, wage and hour, and other matters. Prior to rejoining Jones Day in 2021, Eric served as the 18th Assistant Attorney General for the Civil Rights Division at the U.S. Department of Justice (DOJ), and he also served as the 12th General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC).
Under Eric's leadership, DOJ's Civil Rights Division set enforcement records for prosecutions of law enforcement officers and sexual harassment, religious liberty, and servicemember cases; charged the highest number of hate crimes cases in decades; significantly expanded resources for human trafficking prosecutions; prosecuted race and other forms of illegal discrimination in education, employment, housing, lending, and voting; reached historic disability rights settlements with several states; opposed unlawful COVID-19-related civil liberty restrictions; and successfully litigated to protect the Constitutional and civil rights of all people in the United States.
As EEOC general counsel, Eric led the Commission's litigation of the federal employment antidiscrimination laws, and he issued the Regional Attorneys' Manual, which established the policies of EEOC's litigation program. Eric also served at the Department of Labor (DOL) as deputy wage and hour administrator and directed DOL's enforcement of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and other laws.
From 1997 to 2000, Eric served as a prosecutor in the Office of Independent Counsel Kenneth W. Starr.
Eric has spoken and written extensively about civil rights and other employment laws, and he has testified about these subjects before committees of the U.S. House of Representatives and the U.S. Senate.
Former Director, Office of Federal Contract Compliance Programs, U.S. Department of Labo
Shareholder, Ogletree Deakins
Brian Hayes is a Shareholder in the Washington, DC office of Ogletree Deakins and serves as Co-Chair of the law firm’s Traditional Labor Practice Group. Immediately prior to his joining the firm he was a Member of the National Labor Relations Board. He was confirmed to that post by the United States Senate in 2010 and his term ended in December of 2012. He is currently a Member of the U.S. Chamber of Commerce Litigation Advisory Committee and was recently named Chairman of the U.S. Chamber’s Subcommittee on the National Labor Relations Act. He also serves as editor in chief for The Practical NLRB Advisor.
Prior to his nomination and confirmation to the NLRB, Brian Hayes served as the Republican Labor Policy Director for the United States Senate Committee on Health, Education, Labor and Pensions. He came to Capitol Hill in 2005 after nearly thirty years in private legal practice devoted exclusively to representing management clients in labor and employment matters. While in private practice he represented clients in scores of cases before NLRB, state and federal courts, and a host of other federal agencies such as the EEOC, OFCCP, OSHA, the Department of Labor and their state counterparts. He also has had extensive private practice experience representing employers in collective-bargaining negotiations, arbitrations and other forms of dispute resolution. In addition to his private practice, he served as Counsel to the Employers’ Association of the Northeast, editor-in-chief and contributor to The Health Care Labor Manual, and also served on the adjunct faculty of Western New England Law School teaching courses in labor law, and collective-bargaining, arbitration and employment litigation. Before entering private practice he began his legal career at the NLRB working as a law clerk to the Chief Administrative Law Judge while in law school and subsequently as counsel to the then-Board Chairman. He is a graduate of Boston College and of Georgetown University Law School.
Chief Counsel, U.S. Chamber Litigation Center
Steven P. Lehotsky has significant experience developing and executing litigation strategies to help businesses and trade associations address their most important regulatory and public-policy challenges.
Before founding Lehotsky Keller LLP, Mr. Lehotsky directed the litigation strategy of the U.S. Chamber of Commerce, the world's leading business federation, where he worked from 2013-2021. While at the U.S. Chamber’s Litigation Center, he served as chief litigation counsel. Mr. Lehotsky led the Chamber's efforts to bring successful challenges to federal, state, and local regulations of business. He also directed the U.S. Chamber's efforts to defend pro-growth regulatory reforms. Mr. Lehotsky also led and implemented the U.S. Chamber’s strategies for filing hundreds of amicus curiae briefs in the U.S. Supreme Court, federal appellate and district courts, and state supreme and appellate courts. He is a frequent speaker at events and conferences on litigation and regulatory trends.
Mr. Lehotsky previously was an attorney at WilmerHale LLP in both the Washington D.C. and Boston offices, where he practiced government and regulatory litigation, appellate litigation, and counseling on constitutional, statutory, and regulatory issues for clients across a wide variety of industry sectors. He also previously practiced as a commercial litigator at Goodwin Procter LLP in Boston.
In addition, Mr. Lehotsky was an Attorney-Adviser in the Office of Legal Counsel of the U.S. Department of Justice from 2006-2009, advising the White House and executive departments and agencies on constitutional and statutory issues relating to national security, immigration, international sanctions under the International Emergency Economic Powers Act and other programs, the response to the 2008 financial crisis, pandemic influenza and infectious-disease mitigation, cybersecurity, and congressional investigations, among many other subjects.
Mr. Lehotsky was a law clerk for Justice Antonin Scalia of the Supreme Court of the United States and Chief Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit.
Chief Legal and Government Affairs Officer, BrightStar Care
Cheryl M. Stanton is Chief Legal and Government Affairs Officer at BrightStar Care. Prior to joining BrightStar Care, she served as Administrator of the Department of Labor’s Wage and Hour Division. She was sworn in as WHD’s Administrator by U.S. Secretary of Labor Alexander Acosta on April 29, 2019.
Stanton brought a wealth of experience to WHD, most recently having served as the Executive Director of the South Carolina Department of Employment and Workforce. Under her leadership, South Carolina’s jobless rate dropped to its lowest point in at least 50 years. During that time period, South Carolina’s workforce system helped place over 500,000 South Carolinians into jobs. Stanton also partnered with her colleague at the Department of Corrections to create a job re-entry program for ex-offenders, receiving national accolades. She also oversaw two major information technology modernization projects that improved customer service and increased efficiencies for employees.
Stanton served as the White House’s principal legal liaison to the DOL under President George W. Bush. She is a graduate of Williams College, and earned her law degree from the University of Chicago Law School.
Senior Fellow, Governance Studies, Brookings Institution
Sarah Binder is senior fellow in Governance Studies at the Brookings Institution and professor of political science at George Washington University, where she specializes in Congress and legislative politics. Binder’s current research explores the historical and contemporary relationship between Congress and the Federal Reserve, and she is the co-author with Mark Spindel of The Myth of Independence: How Congress Governs the Federal Reserve (Princeton University Press, 2017). She is also an associate editor of The Washington Post’s Monkey Cage blog.
Binder is a former co-editor of Legislative Studies Quarterly, a co-author with Forrest Maltzman of Advice and Dissent: The Struggle to Shape the Federal Judiciary (Brookings, 2009), author of Stalemate: Causes and Consequences of Legislative Gridlock (Brookings, 2003), Minority Rights, Majority Rule: Partisanship and the Development of Congress (Cambridge University Press, 1997), and co-author with Steven S. Smith of Politics or Principle? Filibustering in the United States Senate (Brookings, 1997). Her other work on Congressional politics has appeared in the American Political Science Review, American Journal of Political Science, and elsewhere.
Her book on legislative gridlock was awarded the 2003 Richard F. Fenno, Jr. Prize by the American Political Science Association for the best book published on legislative politics, and she was elected to the American Academy of Arts and Sciences in 2015.
Binder received her Ph.D. in political science from the University of Minnesota in 1995 and B.A. from Yale University in 1986. She joined Brookings in 1995 and George Washington University in 1999. Between 1986 and 1990, she served as legislative aide and press secretary to Rep. Lee Hamilton (D-Indiana).
Senior Counsel, Committee on Oversight and Government Reform, U.S. House of Representatives
Daniel Flores is a Senior Counsel on the Republican staff of the Committee on Oversight and Government Reform, U.S. House of Representatives. Prior to his current position, he served in the House as Chief Counsel for the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Before coming to the House, he served as an Acting Associate Deputy General Counsel for the U.S. Environmental Protection Agency and in other roles in EPA's Office of General Counsel, as a Senior Trial Attorney for the U.S. Department of Justice, Environment and Natural Resources Division, and as an attorney in private practice in Washington, D.C. He serves as a House liaison to the Administrative Conference of the United States and has served on the Council of the American Bar Association’s Section on Administrative Law & Regulatory Practice.
Judge, United States District Court, District of Columbia
Judge Trevor N. McFadden was appointed to the United States District Court for the District of Columbia in 2017. He received his B.A. in 2001 from Wheaton College, IL, magna cum laude. In 2006, he received his J.D. from the University of Virginia School of Law, where he graduated Order of the Coif and was an editor for the Virginia Law Review.
Following graduation from law school, Judge McFadden clerked for Judge Steven Colloton, U.S. Court of Appeals for the Eighth Circuit. He then joined the U.S. Department of Justice, where he served as Counsel to the Deputy Attorney General and as Assistant U.S. Attorney in the District of Columbia. Judge McFadden subsequently became a partner at Baker & McKenzie LLP in Washington, DC, where he focused on white collar investigations. He is also co-author of a treatise, Corporate Settlement Tools: DPAs, NPAs, and Cooperation Agreements.
After four years in private practice, Judge McFadden returned to the U.S. Department of Justice, where he was Deputy Assistant Attorney General and acted as the second-in-command of the Department's Criminal Division. As Deputy Assistant Attorney General, he managed the Division's Fraud and Appellate Sections.
Judge McFadden also has extensive experience in law enforcement. He served as an officer with the Fairfax County, VA, Police Department and as a deputy sheriff in Madison County, VA.
Professor of Law, Widener University Commonwealth Law School
John Paul Stevens Professor of Law, Northwestern University School of Law
Andrew Koppelman is John Paul Stevens Professor of Law, Professor (by courtesy) of Political Science, and Philosophy Department Affiliated Faculty at Northwestern University. He received the Walder Award for Research Excellence from Northwestern, the Hart-Dworkin award in legal philosophy from the Association of American Law Schools, and the Edward S. Corwin Prize from the American Political Science Association. His scholarship focuses on issues at the intersection of law and political philosophy. He has written more than 100 scholarly articles and eight books, most recently Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed, (St. Martin’s Press). His column appears regularly at The Hill. You can find his recent work at andrewkoppelman.com.
Vice President for Legal Strategy, Stand Together
Casey Mattox is Vice President for Legal Strategy at Stand Together and Senior Advisor at
Americans for Prosperity. In these roles he advocates for and creates strategies and
partnerships to ensure a constitutionally limited government that protects the civil liberties of all
Americans. Prior to joining Stand Together and AFP Casey’s legal career focused on defending
the First Amendment rights of students, faculty, healthcare workers and religious organizations.
Casey has a J.D. from Boston College School of Law and an undergraduate degree from the
University of Virginia. You can find him on Twitter at @CaseyMattox_ and on LinkedIn at
@Casey-Mattox-ST.
Professor of Law, Widener University Commonwealth Law School
John Paul Stevens Professor of Law, Northwestern University School of Law
Andrew Koppelman is John Paul Stevens Professor of Law, Professor (by courtesy) of Political Science, and Philosophy Department Affiliated Faculty at Northwestern University. He received the Walder Award for Research Excellence from Northwestern, the Hart-Dworkin award in legal philosophy from the Association of American Law Schools, and the Edward S. Corwin Prize from the American Political Science Association. His scholarship focuses on issues at the intersection of law and political philosophy. He has written more than 100 scholarly articles and eight books, most recently Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed, (St. Martin’s Press). His column appears regularly at The Hill. You can find his recent work at andrewkoppelman.com.
Vice President for Legal Strategy, Stand Together
Casey Mattox is Vice President for Legal Strategy at Stand Together and Senior Advisor at
Americans for Prosperity. In these roles he advocates for and creates strategies and
partnerships to ensure a constitutionally limited government that protects the civil liberties of all
Americans. Prior to joining Stand Together and AFP Casey’s legal career focused on defending
the First Amendment rights of students, faculty, healthcare workers and religious organizations.
Casey has a J.D. from Boston College School of Law and an undergraduate degree from the
University of Virginia. You can find him on Twitter at @CaseyMattox_ and on LinkedIn at
@Casey-Mattox-ST.
Partner, Gibson Dunn
Thomas H. Dupree, Jr. is a partner in the Washington, DC office of Gibson, Dunn & Crutcher. He is a member of the firm's litigation department and its Appellate and Constitutional Law practice group, and serves as the hiring partner for the DC office.
Mr. Dupree is an experienced trial and appellate advocate. He has argued more than 70 appeals in the federal courts, including in all thirteen circuits as well as the United States Supreme Court. He has represented clients throughout the country in a wide variety of trial and appellate matters, including cases involving punitive damages, class actions, product liability, arbitration, intellectual property, employment, and constitutional challenges to federal and state statutes.
In 2007, Mr. Dupree was appointed Deputy Assistant Attorney General. He served in the Civil Division at the U.S. Department of Justice from 2007 to 2009, ultimately becoming the Principal Deputy Assistant Attorney General. In that capacity, he served as the division's second-in-command, overseeing the more than 900 lawyers in the Civil Appellate, Commercial, Federal Programs and Torts branches, as well as the Office of Immigration Litigation and the Office of Consumer Litigation. Mr. Dupree was responsible for managing many of the government's most significant cases involving regulatory, commercial, constitutional and national security matters on behalf of virtually all of the federal agencies, the White House, and senior federal officials. Before being named the division's top deputy, Mr. Dupree ran its largest litigating branch, managing a staff of 280 lawyers.
Chambers and Partners named Mr. Dupree one of the leading appellate lawyers in the United States in 2012, 2013, 2014, 2015, and 2016. He received similar honors in 2010, when he was ranked as one of the top ten appellate litigators under age 40 by Law360. In 2009, the National Law Journal and Legal Times selected him as one of the top 40 lawyers under 40 in Washington, DC, as did Washingtonian magazine in 2006. Based on surveys of hundreds of corporate counsel, Mr. Dupree was named a "Client Service All-Star" by BTI Consulting Group in a 2013 report for his "overall legal prowess" and his "ability to deliver a plan of action that yields results."
Legal Times has called Mr. Dupree "no stranger to high-profile work." Among other things, he played a substantial role in the successful representation of George W. Bush before the United States Supreme Court in Bush v. Gore, and represented New England Patriots quarterback Tom Brady in challenging his "Deflategate" suspension.
In 2014, Mr. Dupree argued and won, by a unanimous 9-0 vote, a landmark personal jurisdiction case in the United States Supreme Court, Daimler AG v. Bauman. For this achievement, American Lawyer magazine named him Litigator of the Week, noting that he "won over both the liberal and conservative wings of the court."
Other matters Mr. Dupree has handled include:
Mr. Dupree appears frequently on national television as a legal analyst. He is a regular guest on Fox News Channel, and has appeared on "The O'Reilly Factor" and "The Kelly File," as well as on CNN's "Situation Room" and C-Span's "America & The Courts," among other programs. He has also been quoted in numerous print publications, including the New York Times, the Wall Street Journal, the Washington Post, the Los Angeles Times and many others, discussing legal issues and developments. Mr. Dupree has also testified before Congress on constitutional and separation-of-powers issues, including the President's authority to act through executive order.
Mr. Dupree graduated cum laude from Williams College, and with Honors from the University of Chicago Law School, where he served as an Editor of the University of Chicago Law Review. After law school, he clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit.
Partner, Keller Postman
Ashley Keller is one of the founding Partners of Keller Postman LLC. An experienced trial and appellate lawyer, Ashley helps set strategic direction across virtually all of the firm’s cases. He represents clients in a wide variety of practice areas and types of claims, including product-liability, antitrust, class action, and arbitration matters.
Ashley is one of the leaders of Keller Postman’s national product-liability practice. He leverages his ability to detangle complex concepts and develop novel legal theories to support individual client matters and as counsel on numerous product-liability multidistrict litigation matters. He chairs the plaintiffs’ Law & Briefing Committee in the Zantac (Ranitidine) Product Liability MDL in the U.S. District Court for the Southern District of Florida.
Ashley also litigates complex antitrust and class action matters. Among his notable cases, Ashley represents numerous States in antitrust litigation against Google for monopolizing products and services used by advertisers and publishers in online-display advertising.
Ashley also has played a central role in developing the firm’s pioneering arbitration practice, which includes pursuing individual arbitrations for clients whose claims are subject to arbitration clauses with class-action waivers. In part through managing the complexity of pursuing these individual claims simultaneously, the firm has secured millions in settlements for more than 500,000 employees and consumers.
Before launching Keller Postman, Ashley co-founded the litigation finance firm Gerchen Keller Capital, which grew to more than $1.3 billion in assets under management and was the world’s largest private investment manager focused on legal and regulatory risk prior to being acquired by Burford Capital in 2016.
Previously, Ashley was a partner at Bartlit Beck Herman Palenchar & Scott LLP, The American Lawyer’s litigation boutique of the year. While there, he handled various trial and appellate matters involving multi-billion-dollar securities and patent cases, contract disputes, mass torts, and class actions.
Ashley also worked as an analyst at Alyeska Investment Group, a Chicago-based market-neutral hedge fund, where he focused on investments in companies facing litigation and other complicated regulatory matters.
Ashley was named a 2021 Plaintiffs’ Lawyers Trailblazer by the National Law Journal. He is also listed on Lawdragon’s 500 Leading Lawyers in America, Lawdragon’s 500 Leading Plaintiff Consumer Lawyers, Lawdragon’s Leading Plaintiff Financial Lawyers, National Trial Lawyers’ Top 100, and Illinois Super Lawyers.
Ashley was a law clerk for Justice Anthony M. Kennedy at the Supreme Court of the United States and Judge Richard Posner at the U.S. Court of Appeals for the Seventh Circuit. He graduated magna cum laude from Harvard College, received his M.B.A. from the University of Chicago Booth School of Business and received his J.D. from the University of Chicago Law School, where he graduated first in his class.
Special Session II: Second Amendment: Aftermath of Bruen; What's Next at the State Level?
Stephen P. Halbrook, Steven J. Menashi, Mark W. Smith, William G. Merkel
In June 2022, the Supreme Court decided the much-anticipated case, New York State Rifle and...
Special Session II: Second Amendment: Aftermath of Bruen; What's Next at the State Level?
Stephen P. Halbrook, Steven J. Menashi, William G. Merkel, Mark W. Smith
In June 2022, the Supreme Court decided the much-anticipated case, New York State Rifle and...
Supreme Court Round Up
Chicago Student Chapter
Chicago, ILReligious Liberty and Education: Kennedy, Carson, and Parental Rights
Nicole Stelle Garnett, Raymond Kethledge, William P. Marshall, Erin E. Murphy
This panel discussion will examine public and private education, with a focus on the relationship—and...
Religious Liberty and Education: Kennedy, Carson, and Parental Rights
Nicole Stelle Garnett, Raymond Kethledge, William P. Marshall, Erin E. Murphy
This panel discussion will examine public and private education, with a focus on the relationship—and...
Regulatory Elephants in Statutory Mouse Holes?
Michael B. Brennan, Eric Dreiband, Ondray T. Harris, Brian E. Hayes, Steven Lehotsky, Cheryl M. Stanton
When an agency claims “a merely plausible textual basis” for asserting “extravagant statutory power over...
Regulatory Elephants in Statutory Mouse Holes?
Michael B. Brennan, Eric Dreiband, Ondray T. Harris, Brian E. Hayes, Steven Lehotsky, Cheryl M. Stanton
When an agency claims “a merely plausible textual basis” for asserting “extravagant statutory power over...
Necessary & Proper Episode 81: Creatures of Statute III: Congress’ Responsibility to Answer the Major Questions
Sarah Binder, Daniel M. Flores, Trevor N. McFadden
On October 17, 2022, the Federalist Society’s Regulatory Transparency Project and Capitol Hill Chapter hosted...
Courthouse Steps Oral Argument: 303 Creative v. Elenis
Michael R. Dimino, Andrew Koppelman, Casey Mattox
On December 5,2022, the U.S. Supreme Court will hear oral argument in 303 Creative LLC...
Courthouse Steps Oral Argument: 303 Creative v. Elenis
Michael R. Dimino, Andrew Koppelman, Casey Mattox
On December 5,2022, the U.S. Supreme Court will hear oral argument in 303 Creative LLC...