Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Andrew Varcoe was formerly a partner at Boyden Gray & Associates in Washington, D.C. From 2014 to 2017, Mr. Varcoe was Deputy General Counsel at the Biotechnology Innovation Organization (BIO), the trade association for the biotechnology industry. He previously served as an attorney in the Office of the General Counsel of the U.S. Department of Agriculture (USDA) in Washington, D.C., and Harrisburg, Pennsylvania. While at USDA, he briefed, argued, and mediated cases in the federal courts of appeals and helped manage USDA’s and its agencies’ nationwide appellate litigation docket, working closely with trial and appellate lawyers at the U.S. Department of Justice. Before joining USDA, Mr. Varcoe was an associate and then counsel at Wilmer Cutler Pickering Hale and Dorr LLP (previously Wilmer, Cutler & Pickering). Mr. Varcoe served as a law clerk to Justice Francis X. Spina of the Massachusetts Supreme Judicial Court (from 1999 to 2000), and to Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit (from 2001 to 2002).
Mr. Varcoe received his J.D. cum laude in 1999 from Harvard Law School, where he was a research assistant to Professor Martha Minow and an editor of the Harvard Journal of Law & Public Policy. Mr. Varcoe graduated with honors in 1995 from the University of Chicago, where he was Student Ombudsperson (a mediator, reporting to the President of the University, who investigated and resolved student grievances) and a member of Phi Beta Kappa.
In 2018 and 2019, Mr. Varcoe served as Chairman of the Executive Committee of the Federalist Society’s Environmental Law and Property Rights Practice Group.
Joel A. Katz Distinguished Professor of Law, University of Tennessee College of Law
Professor Plank joined the UT faculty in 1994 and became the Joel A. Katz Distinguished Professor of Law in 2004. His scholarly interests include the nature of property, the relationship between bankruptcy and non-bankruptcy law, and the historical development and comparison of commercial law and property law systems. He is a nationally recognized expert on mortgage backed and asset backed securities. Before joining the UT faculty, he was a partner with Kutak Rock LLP specializing in real estate finance, commercial finance, bankruptcy, and securities, in particular serving as issuer’s counsel and bankruptcy counsel in securitization transactions. Since joining the UT faculty he has served as an expert witness on securitization and other bankruptcy and commercial law matters, and as a consultant for securitization law firms, providing advice on bankruptcy, commercial law, and real estate issues in connection with securitizations and other transactions. During the 2002-2003 academic year, Professor Plank was a visiting Professor of Law at the Notre Dame Law School.
Professor Plank graduated with honors from Princeton University with a degree in history and a Certificate of Proficiency in Russian Area Studies and then served three years in the United States Marine Corps, including eight months in Vietnam as an infantry platoon commander. He graduated 5th in his class from the University of Maryland School of Law, where he was Editor-in-Chief of the Maryland Law Review. He was a law clerk for the Chief Judge of the Maryland Court of Appeals, an associate with Piper & Marbury in Baltimore, MD, and an assistant attorney general for the State of Maryland. Initially, his practice included a wide variety of transactions and litigation, including a four month trial on the constitutionality of the Maryland public school finance system and oral arguments in the United States Supreme Court and federal and state appellate courts. He then concentrated his practice in real estate, commercial finance, public finance and securities transactions.
Research Fellow, CATO Institute
Jay Schweikert is a research fellow with the Cato Institute’s Project on Criminal Justice. His research and advocacy focuses on accountability for prosecutors and law enforcement, plea bargaining, Sixth Amendment trial rights, and the provision and structuring of indigent defense.
Before joining Cato, Schweikert spent four years doing civil and criminal litigation at Williams & Connolly LLP. He holds a JD from Harvard Law School, where he was an articles editor for the Harvard Law Review, and chaired the Harvard Federalist Society’s student colloquium program. Following law school, Schweikert clerked for Judge Diane Sykes of the U.S. Court of Appeals for the Seventh Circuit and Judge Laurence Silberman of the U.S. Court of Appeals for the DC Circuit.
He holds a BA in political science and economics from Yale University.
Partner, McCarter & English LLP
Mr. Cote represents both small and large businesses and occasionally individuals in both federal and state courts throughout the country. His practice concentrates primarily on hospitality, employment, civil rights, contracts, unfair and deceptive conduct, class action, private property rights and appellate litigation.
During his time with McCarter, Mr. Cote has played an integral role in obtaining several significant victories for the firm's clients, including the dismissal of a challenge under the public trust doctrine to the private ownership of lawfully filled, tidelands that were developed pursuant to a legislative grant issued in 1832 and the successful defense of a large food service company in a case of first impression concerning the application and interpretation of the Massachusetts Tips Act. Mr. Cote was also instrumental in obtaining a sanctions award of $100,000 in connection with a construction accident case brought in bad faith against one of the firm's clients.
Prior to his admission to the bar, Mr. Cote served for over ten years as a paralegal and law clerk in Arizona, Massachusetts, Vermont and Washington, D.C. During this time, he served as the principal legal assistant to the Arizona Legislature's Ombudsman for Private Property Rights. He also clerked for the Honorable Roger J. Marzulla and Nancie G. Marzulla at Defenders of Property Rights, which, at the time, was the nation's only non-profit legal foundation dedicated exclusively to the protection of private property rights. He is a contributing author of that organization's 1999 publication "State Property Rights Legislation Report: Federalism in Action."
Mr. Cote presently serves as the vice-chair of the Boston Lawyers Division of the Federalist Society for Law and Public Policy Studies. He is also a member of the executive committee for the Federalist Society's Litigation Practice Group and the primary author of the Environmental Practice Group's 2001 terrorism briefing paper entitled: "National Security vs. Public Disclosure: The War on Terrorism's Implications Upon Federal Emergency Planning and Right to Know Laws."
President Emeritus, Intercollegiate Studies Institute
T. Kenneth Cribb Jr. is the former president of the Intercollegiate Studies Institute. Mr. Cribb was Assistant to the President for Domestic Affairs in the Reagan administration, serving as President Reagan’s top adviser on domestic matters. Earlier in the administration he held the position of Counselor to the Attorney General. He also served as Vice Chairman of the Fulbright Foreign Scholarship Board from 1989 to 1992.
David McIntosh is a leader for the principles of limited constitutional government and individual freedom. He is president of the Club for Growth, the leading advocate for economic liberty.
Former Congressman David McIntosh represented Indiana's 2nd Congressional District in the United States Congress from 1995-2001. As a Freshman, David chaired the Subcommittee on Regulatory Relief. He passed the Congressional Review Act and held extensive oversight and field hearings to build a record of public support for regulatory relief initiatives in energy, biotechnology, pharmaceutical, healthcare, transportation and technology sectors. Another issue that he championed was the elimination of the marriage penalty in the Federal Tax Code.
David served during the Reagan administration as special assistant to Attorney General Edwin Meese III, and as special assistant to President Reagan for Domestic Affairs. During the first Bush administration, he served as executive director of the President's Council on Competitiveness and assistant to the Vice President. The Competitiveness Council coordinated the cost/benefit review of major regulations and promoted legal reform measures.
David is a co-founder of the Federalist Society for Law and Public Policy and serves on the Board of Directors. He remains active with several free market and conservative think tanks and grassroots organizations. David has also had stints at the Hudson Institute and as a Professor of Economics at Ball State School of Business.
Prior to the Club for Growth, David was a partner at Mayer Brown, LLP in Washington, DC.
David graduated from the University of Chicago Law School in 1983, and Yale University, BA, cum laude, in 1980. He and his wife, Ruthie, are the proud parents of Ellie age 17 and Davey age 13.
Andrew Varcoe was formerly a partner at Boyden Gray & Associates in Washington, D.C. From 2014 to 2017, Mr. Varcoe was Deputy General Counsel at the Biotechnology Innovation Organization (BIO), the trade association for the biotechnology industry. He previously served as an attorney in the Office of the General Counsel of the U.S. Department of Agriculture (USDA) in Washington, D.C., and Harrisburg, Pennsylvania. While at USDA, he briefed, argued, and mediated cases in the federal courts of appeals and helped manage USDA’s and its agencies’ nationwide appellate litigation docket, working closely with trial and appellate lawyers at the U.S. Department of Justice. Before joining USDA, Mr. Varcoe was an associate and then counsel at Wilmer Cutler Pickering Hale and Dorr LLP (previously Wilmer, Cutler & Pickering). Mr. Varcoe served as a law clerk to Justice Francis X. Spina of the Massachusetts Supreme Judicial Court (from 1999 to 2000), and to Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit (from 2001 to 2002).
Mr. Varcoe received his J.D. cum laude in 1999 from Harvard Law School, where he was a research assistant to Professor Martha Minow and an editor of the Harvard Journal of Law & Public Policy. Mr. Varcoe graduated with honors in 1995 from the University of Chicago, where he was Student Ombudsperson (a mediator, reporting to the President of the University, who investigated and resolved student grievances) and a member of Phi Beta Kappa.
In 2018 and 2019, Mr. Varcoe served as Chairman of the Executive Committee of the Federalist Society’s Environmental Law and Property Rights Practice Group.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Research Fellow, CATO Institute
Jay Schweikert is a research fellow with the Cato Institute’s Project on Criminal Justice. His research and advocacy focuses on accountability for prosecutors and law enforcement, plea bargaining, Sixth Amendment trial rights, and the provision and structuring of indigent defense.
Before joining Cato, Schweikert spent four years doing civil and criminal litigation at Williams & Connolly LLP. He holds a JD from Harvard Law School, where he was an articles editor for the Harvard Law Review, and chaired the Harvard Federalist Society’s student colloquium program. Following law school, Schweikert clerked for Judge Diane Sykes of the U.S. Court of Appeals for the Seventh Circuit and Judge Laurence Silberman of the U.S. Court of Appeals for the DC Circuit.
He holds a BA in political science and economics from Yale University.
Chair, Issues & Appeals, Hunton Andrews Kurth LLP
The former Solicitor General of West Virginia, Mr. Lin has been on the front lines of many precedent-setting cases in appellate courts across the country, including in a US Supreme Court victory that George Will called “the court’s most severe rebuke of a president” since the Truman administration. Having argued more than 60 appeals, he brings to clients a well-honed ability to identify the most persuasive issues for appeal and a practiced understanding of how best to frame complex legal questions in appellate courts.
With experience in the private sector and multiple branches of government, Mr. Lin’s practice has spanned a wide range of issues, including major questions of constitutional and administrative law at the federal and state levels. On behalf of more than two dozen states, he won a stay from the US Supreme Court of the EPA’s Clean Power Plan. Described by the New York Times as an “unprecedented” order, the stay was the first time the Supreme Court had ever put a regulation on hold before review by a federal appeals court. In that same case, Elbert argued before the en banc DC Circuit in an historic proceeding that one commenter quoted in E&E News compared to “the NBA All-Star Game.” At the state level, Elbert led the effort that persuaded the West Virginia Supreme Court of Appeals to overturn an injunction of the state’s right-to-work law.
In 2013, Mr. Lin was appointed the Solicitor General of West Virginia. During his four-and-a-half year tenure, he served as a member of the Attorney General’s senior management team, oversaw all civil and criminal appeals, and argued nearly two dozen cases in federal and state appellate courts. He authored more than twenty-five briefs in the US Supreme Court and more than forty-five formal Opinions of the Attorney General.
Earlier in his career, Mr. Lin served as a trial attorney in the Federal Programs Branch of the US Department of Justice’s Civil Division, where he received a Special Service Award. He has also been a law clerk at all three levels of the federal judiciary: for Justice Clarence Thomas on the US Supreme Court; for Judge William H. Pryor Jr. on the US Court of Appeals for the Eleventh Circuit; and for Senior Judge Robert E. Keeton on the US District Court for the District of Massachusetts.
Mr. Lin speaks regularly on a wide variety of topics, including constitutional law, administrative law, environmental law, state and federal relations, the US Supreme Court, and appellate practice. He has testified before Congress, and has spoken at the national conventions of the American Bar Association, the Association of Corporate Counsel, the National Asian Pacific American Bar Association, the Federalist Society, Americans for Prosperity, and the American Legislative Exchange Council. He is an elected member of the American Law Institute, a public member of the Administrative Conference of the United States, and a fellow of the American Academy of Appellate Lawyers.
Mr. Lin is admitted to practice in the following federal courts: the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; the District of Massachusetts; the Northern and Southern Districts of West Virginia; and the Eastern and Western Districts of Virginia.
ALDF v. Wasden: The Ninth Circuit and Idaho’s “Ag-Gag” Law
Eugene Volokh, Andrew R. Varcoe
Early this year, a Ninth Circuit panel issued a split decision in an Idaho case...
U.S. Bank National Association v. Village at Lakeridge
Thomas Eldridge Plank
On March 5, 2018, the Supreme Court decided U.S. Bank National Association v. Village at...
ALDF v. Wasden: The Ninth Circuit and Idaho’s “Ag-Gag” Law
Environmental Law & Property Rights Teleforum
TeleforumTopics
The Ongoing Battle Over the CFPB's Constitutionality
On April 18, The National Law Journal published an article entitled “Gibson Dunn’s Ted Olson...
Courthouse Steps Decision: McCoy v. Louisiana
Jay R. Schweikert
Robert McCoy was charged with the murder of three of his family members in Bossier...
Supreme Court 2018 Term Preview - Knick v. Scott Township
Puget Sound Lawyers Chapter
Olympia, WACourthouse Steps Decision: McCoy v. Louisiana
Criminal Law & Procedure Practice Group Teleforum
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Federalism & Separation of Powers Practice Group Teleforum
TeleforumFDA Poised to Spoil a Food Fight, Naturally
Gregory D. Cote
Note from the Editor: This article argues that the FDA should define the term “natural”...
Address by Hon. Robert H. Bork [Archive Collection]
Robert H. Bork, T. Kenneth Cribb, David M. McIntosh
On March 6, 1988, Hon. Robert H. Bork spoke to the Federalist Society's National Student...