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and the AALL’s Joseph L. Andrew’s Legal Literature Award for her contribution to the Bremer-Kovacs Collection of Historical Documents Related to the APA (HeinOnline).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.
Shareholder, Littler Mendelson PC
Matthew J. Hank practices employment law, including issues arising under the common law and various statutes:
He particularly focuses on disputes concerning (1) wage and hour class actions (including cases involving independent contractor relationships, overtime claims, and payroll debit cards) and (2) noncompetition agreements and trade secrets.
Matthew served as a law clerk to the Hon. Daniel Manion of the U.S. Court of Appeals for the Seventh Circuit and the Hon. Paul V. Gadola of the U.S. District Court for the Eastern District of Michigan. Before attending law school, he served for four years on active duty in the United States Army as an Armor officer.
Judge, United States Court of Appeals, Third Circuit
Judge Paul Matey was appointed to the United States Court of Appeals for the Third Circuit in 2019 by President Trump.
Before his judicial service, Judge Matey was a partner at Lowenstein Sandler in New Jersey where he practiced complex commercial litigation and criminal defense. Earlier, Judge Matey was the Senior Vice President, General Counsel and Secretary for University Hospital Newark, an academic medical center and teaching hospital.
He also served as the Deputy Chief Counsel to Governor Chris Christie, and as an Assistant United States Attorney in the District of New Jersey, where he was awarded the Justice Department’s Director’s Award for Superior Performance. He also practiced at the Washington D.C. firm of Kellogg, Hansen, Todd, Figel & Frederick, and served as a law clerk to judges on the United States Court of Appeals for the Third Circuit and the United States District Court for the District of New Jersey.
He earned his bachelor’s degree from the University of Scranton, a Jesuit University, in 1993, and his juris doctorate, summa cum laude, from Seton Hall University School of Law in 2001, where he served as Editor-in-Chief of the Seton Hall Law Review.
In 2019, Judge Matey was elected to membership in the American Law Institute and, since 2020, has lectured on administrative law and the American legal history at Seton Hall.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Professor of Legal Studies & Business Ethics, The Wharton School, The University of Pennsylvania
David Zaring’s scholarship addresses administrative and regulatory law from an international perspective. Professor Zaring comes to the business school from the Washington & Lee University School of Law. At Washington & Lee, he was an assistant professor and Alumni Faculty Fellow from 2005 to 2007. He had previously served as Acting Assistant Professor in the Lawyering Program at New York University School of Law from 2002 to 2005, and as a visiting professor at Vanderbilt Law School in the fall of 2007. After graduating magna cum laude from Harvard Law School, Professor Zaring clerked for Chief Judge William Matthew Byrne Jr. of the U.S. District Court for the Central District of California and then for Judge Judith Rogers on the US. Court of Appeals for the D.C. Circuit. He served as a trial attorney for the U.S. Department of Justice in the Federal Programs Branch of the Civil Division and as a special assistant to the General Counsel in the U.S. Department of Housing and Urban Development before entering the academy.
Vice President, Practice Groups, The Federalist Society
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Eric Rassbach is Vice President and Senior Counsel at the Becket Fund for Religious Liberty, where he has served since 2003. He has briefed over 90 cases at the United States Supreme Court and has led or been a part of Becket litigation teams in each of Becket’s pathbreaking victories there, including Hosanna-Tabor, Hobby Lobby, Holt v. Hobbs, Zubik v. Burwell, Agudath Israel of America v. Cuomo, and Fulton v. Philadelphia. In 2020, Eric argued Our Lady of Guadalupe School v. Morrissey-Berru to the Supreme Court, garnering a 7-2 win for his Catholic school clients. Eric has also briefed and argued cases in federal appeals courts and state supreme courts across the nation. Eric has also represented clients in appeals to the European Court of Human Rights in Strasbourg, France and in the highest courts of several other countries.
Eric believes passionately in the right of all people to the full measure of religious liberty and has represented members of almost every religious group present in the United States, including Buddhists, Christians, Hindus, Jains, Jews, Muslims, Native Americans, Santeros, and Sikhs, as well as many governmental entities targeted for accommodating religion.
Eric frequently comments on church-state issues in the media, including the New York Times, the Washington Post, the Wall Street Journal, and other major press outlets. He has published legal scholarship in the Harvard Law Review Forum, the Tennessee Law Review, the Illinois Law Review, the Cato Supreme Court Review, and other legal journals, and often speaks to law school audiences.
Before joining Becket, Eric worked at Baker Botts LLP in Houston, where he worked in international project finance. He also served as a law clerk to United States District Court Judge Lee Rosenthal in Houston, Texas.
Eric graduated from Haverford College with a degree in Comparative Literature, is a member of Fitzwilliam College, University of Cambridge, and is a graduate of Harvard Law School. Eric was a 2012-2013 Wasserstein Public Interest Fellow at Harvard Law School. He is Visiting Professor and Executive Director of The Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine University Caruso School of Law in Malibu, where he leads students in litigating cases in American courts. He is also an Associated Scholar with the Centre for Religious Freedom at Jagiellonian University in Kraków, Poland. Eric is admitted in Texas, DC, California, and Ireland.
Associate Dean for Academic Affairs, Austin E. Owen Research Scholar & Professor of Law, The University of Richmond School of Law
Dean Kristen Jakobsen Osenga teaches and writes in the areas of patent law, antitrust, and legislation and regulation. Some of her recent scholarship focuses on standard development organizations, patent eligible subject matter, patent licensing firms, litigation and remedies for patent infringement, and patent law reform. She has written numerous law review articles on these and other topics, as well as book chapters and op eds on various aspects of patent law. Additionally, she has spoken on these issues at many academic conferences and bar events. Dean Osenga is Chief Policy Counselor for the Inventors Defense Alliance, as well as an active member of the Federal Circuit Bar Association and the American Intellectual Property Law Association.
Dean Osenga received a B.S. degree in Biomedical Engineering from the University of Iowa, an M.S. degree in Electrical Engineering from Southern Illinois University – Carbondale, and a J.D. from the University of Illinois College of Law, where she graduated magna cum laude. After law school, she practiced at the law firm of Finnegan, Henderson, Farabow, Garrett, & Dunner LLP, (now Finnegan) where she did patent prosecution and litigation. She then clerked for the Judge Richard Linn of the U.S. Court of Appeals for the Federal Circuit. After clerking, she entered academia, teaching first at Chicago-Kent College of Law and then at the University of Richmond, where she has been since 2006. She has also been a Visiting Professor at Emory University School of Law and at William & Mary School of Law.
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.
Deputy General Counsel, U.S. Copyright Office
Kevin R. Amer is deputy general counsel for the United States Copyright Office. He was appointed to the position effective March 3, 2019.
In his position, Amer assists the General Counsel and Associate Register of Copyrights in providing legal guidance to the Office’s divisions, promulgating regulations governing the administration of the copyright system, advising congressional offices and other federal agencies, and developing legal positions in copyright litigation and other matters.
Amer joined the Copyright Office in 2013 as counsel in the Office of Policy and International Affairs, and served as senior counsel in that office from 2015 to 2019. Before joining the Office, he spent several years in private practice in Washington, DC, focusing on appellate litigation. Previously, he served as a law clerk to the Hon. Charles R. Wilson of the U.S. Court of Appeals for the Eleventh Circuit.
Amer earned his JD from Yale Law School. He earned his AB in history and literature from Harvard University.
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.
Associate Professor, UNH Franklin Pierce School of Law
Zvi S. Rosen is an Associate Professor at UNH Franklin Pierce School of Law and the Faculty Director of the Franklin Pierce Society for Intellectual Property. He has served as a Assistant Professor at the Southern Illinois University School of Law, as a Visiting Assistant Professor at the Maurice A. Deane School of Law at Hofstra University, and as a Visiting Scholar and Professorial Lecturer in Law at George Washington University School of Law.
In 2015-2016, he was the Abraham L. Kaminstein Scholar in Residence at the U.S. Copyright Office. Mr. Rosen received his J.D. from Northwestern University School of Law in 2005 and LLM in Intellectual Property in 2006 from the George Washington University Law School. He has practiced at Fried, Frank, Harris, Shriver & Jacobson LLP as well as smaller firms and his own practice, and clerked for the Hon. Thomas B. Bennett of the U.S. Bankruptcy Court for the Northern District of Alabama. He has written extensively on the development of modern copyright and trademark law, as well as on bankruptcy law.
Partner, Consovoy McCarthy
Mr. Green helps clients litigate constitutional, statutory, and regulatory issues in courts and agencies throughout the country. Before joining the firm, he served as the Solicitor General of the State of Utah for five years. In that role, he oversaw all civil and criminal appellate matters in which the State of Utah or its officers or agencies were a party. While serving as solicitor general, he successfully argued cases before the Supreme Court of the United States, the U.S. Court of Appeals for the Tenth Circuit, and the Utah Supreme Court. He also led the Utah Attorney General office’s multistate litigation efforts, both challenging and defending regulatory actions by the federal government and other states. And he oversaw the division of the Utah Attorney General’s office responsible for defending cases challenging the constitutionality of state law. Before his service to the State of Utah, Mr. Green was Deputy Chief Counsel for Litigation at the U.S. Chamber Litigation Center. He began his career at Gibson, Dunn & Crutcher LLP’s Washington, D.C. office, where he litigated a variety of appellate and trial-court cases. Mr. Green served as a law clerk to Justice Clarence Thomas at the U.S. Supreme Court, to Judge Michael McConnell at the U.S. Court of Appeals for the Tenth Circuit, and to Judge Paul Cassell at the U.S. District Court for the District of Utah. He earned both his undergraduate and law degrees from the University of Utah. At the College of Law, he served as Editor in Chief of the Utah Law Review and graduated Order of the Coif and first in his class. He currently serves on the Utah Supreme Court’s advisory committee for the Utah Rules of Appellate Procedure and has been named one of Utah’s Legal Elite by Utah Business magazine.
Partner, Latham & Watkins LLP
Roman Martinez is a partner in the Washington, D.C. office of Latham & Watkins. As a member of the firm’s Supreme Court and Appellate Practice, he focuses primarily on appeals in the Supreme Court of the United States, the United States Courts of Appeals, and state appellate courts. Mr. Martinez has handled civil and criminal matters involving a wide range of constitutional, statutory, and administrative law issues, and he has argued cases in the Supreme Court and the D.C., Sixth, Ninth, and Federal Circuits, among other courts.
Mr. Martinez’s appellate practice encompasses civil and criminal matters spanning virtually all areas of law. He recently rejoined Latham after serving as an Assistant to the Solicitor General at the US Department of Justice. In that role, he represented the United States in litigation before the Supreme Court and advised the Solicitor General on the government’s appellate litigation throughout the country.
Mr. Martinez has personally argued seven cases in the Supreme Court, including important cases in the fields of patent law, criminal law, civil rights, and civil procedure. He has filed over 75 briefs in the Supreme Court involving a wide range of legal issues, including administrative, tax, securities, intellectual property, criminal, environmental, education, civil rights, immigration, and First Amendment law.
Over the past year, Mr. Martinez has led Latham appellate teams in cases involving the Administrative Procedure Act, securities, ERISA, products liability, and employment law. Earlier this year, he successfully persuaded the Supreme Court to reject the State of Connecticut’s high-profile effort to reinstate the murder conviction of Michael Skakel. He frequently consults with clients to develop creative approaches to difficult legal questions that arise in and out of litigation.
Mr. Martinez’s extensive pro bono practice focuses chiefly on administrative law challenges to unlawful agency action by the Department of Veterans Affairs, as well as on criminal defense appeals. In 2018, he persuaded the Supreme Court to grant certiorari on behalf of a veteran seeking judicial review of an unlawful regulation promulgated by the Department of Veterans Affairs.
Before joining Latham, Mr. Martinez served as a law clerk to Chief Justice John G. Roberts of the Supreme Court of the United States and to then Judge Brett M. Kavanaugh of the D.C. Circuit.
From 2002 to 2005, Mr. Martinez served as an advisor on the Iraqi political and constitutional process, in various roles at the White House, at the US Embassy and Coalition Provisional Authority in Iraq, and at the Department of Defense. He received the Secretary of Defense Medal for the Global War on Terrorism and the US Department of Defense Distinguished Public Service Award for his service in Iraq.
Mr. Martinez is a member of the Edward Coke Appellate Inn of Court, and he serves on the US Chamber of Commerce's Administrative Law & Government Litigation Advisory Committee. He previously served as a member of the D.C. Circuit’s Advisory Committee on Procedures, and he now serves on the US District Court for the District of Columbia’s Committee on Grievances. His writing has appeared in The Wall Street Journal, The Washington Post, and other publications. He has appeared as a guest on the PBS NewsHour and other television programs to discuss the Supreme Court.
President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
Founder, Law Office of Eileen J. O'Connor PLLC
After nearly 30 years as a national tax specialist with the IRS and major accounting firms, Eileen J. O’Connor, now an attorney in private practice, was Assistant Attorney General for the Justice Department’s Tax Division for six years during the administration of President George W. Bush and a member of then-President-elect Trump’s Treasury Department Transition Team. She focuses on federal administrative and tax law.
Panel One: The Future of Administrative Law After Kisor
Emily Bremer, Matthew J. Hank, Paul B. Matey, Adam White, David Zaring
On October 24, 2019, The Federalist Society held its annual Third Circuit Chapters Conference. This...
The Second Amendment Outside the Home (and Before the Supreme Court)
Rutgers-Camden Student Chapter
Camden, NJCivility, Courage, Humility: Lessons in Life and Law From a Justice
Elizabeth Slattery
A review of A Republic, If You Can Keep It, by Neil Gorsuch, https://www.amazon.com/Republic-If-You-Can-Keep/dp/0525576789/. ...
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Charlotte, NCSupreme Court Round-Up
Nebraska Lawyers Chapter
Omaha, NECounty of Maui, Hawaii v. Hawaii Wildlife Fund [SCOTUSbrief]
Donald J. Kochan
In 2012, the Hawaii Wildlife Fund sued the County of Maui, Hawaii, alleging that the...
How Texas Killed EEOC “Guidance”—in the Fifth Circuit, with a Gavel
TeleforumLitigation Update: Religious Schools Head to the Supreme Court
Eric Rassbach
The Ninth Circuit recently split from seven other Circuits in deciding a First Amendment question...
Public Piracy of Private Property? Allen v. Cooper
Kristen Osenga
The wreck of the Queen Anne’s Revenge, a ship captained by Blackbeard that sank in...