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and the AALL’s Joseph L. Andrew’s Legal Literature Award for her contribution to the Bremer-Kovacs Collection of Historical Documents Related to the APA (HeinOnline).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.
*Dr. Ron D. Katznelson is the President of Bi-Level Technologies, a signal processing technology startup company in Encinitas, CA. He is a technologist, an inventor named on 23 U.S. patents, entrepreneur, an intellectual property development and management expert, and an independent scholar of the patent system. He serves on the IP Committee of IEEE-USA and is a member of the San Diego Intellectual Property Association. He can be reached at [email protected].
Senior Attorney and Counsel for Special Projects, Competitive Enterprise Institute
CEI’s Counsel for Special Projects is Hans Bader. Coming to CEI in 2003, Hans’s prior casework has included suits involving the First Amendment, federalism, and civil rights issues. He graduated from the University of Virginia with a B.A. in economics and history, and later earned his J.D. from Harvard Law School. Just before joining CEI, Hans was Senior Counsel at the Center for Individual Rights.
Senior Litigation Counsel, New Civil Liberties Alliance
Throughout his 40-year career in private law practice in Washington, D.C., Richard Samp has specialized in appellate litigation with a focus on constitutional law. He served as Chief Counsel of the Washington Legal Foundation for more than 30 years. He has participated directly in more than 200 cases before the U.S. Supreme Court. Mr. Samp is a graduate of Harvard College and the University of Michigan Law School and clerked for a federal judge in Detroit.
General Counsel and Vice-President of Litigation, Washington Legal Foundation
Cory Andrews is General Counsel and Vice-President of Litigation for the Washington Legal Foundation (WLF). As counsel of record for WLF and other clients, he has authored more than 100 briefs, at petition and merits stages, in the U.S. Supreme Court. He also frequently litigates in state and federal appellate courts. Before joining WLF, Cory practiced trial and appellate law for White & Case LLP, where he litigated in state and federal courts on behalf of clients in the telecommunications, hospitality, and banking industries. He received his J.D. magna cum laude from the University of Florida, where he was Editor-in-Chief of the Florida Law Review and elected to the Order of the Coif. Upon graduation, Cory served as a law clerk to the Honorable Steven D. Merryday of the U.S. District Court for the Middle District of Florida.
Professor of Law, Belmont University College of Law
Prior to joining Belmont University College of Law, Amy Moore taught at Faulkner University’s Thomas Goode Jones School of Law as an Assistant Professor. She taught classes in Administrative Law, Criminal Law, Education Law, Immigration Law, and International Law. She was also active in the moot court program, including coaching the National Moot Court Competition Team and the National Appellate Advocacy Competition teams.
Before teaching law school, Professor Moore worked as a litigation associate at Kirkland & Ellis LLP in Chicago, Illinois. While at Kirkland, she practiced in securities fraud and credit card privacy cases. She is a member of both the Missouri and Illinois bar associations. She is also a member of the American Bar Association.
Professor Moore received her Bachelor of Arts degree from Harding University and received her Juris Doctor degree from the University of Chicago Law School. While at the University of Chicago, Professor Moore worked as a research assistant for Professor Lisa Bernstein and Judge Richard Posner. During her last year of law school, she was active in the appellate advocacy clinic and represented a client before the Seventh Circuit Court of Appeals.
For Belmont’s charter year, Professor Moore will teach Torts and Civil Procedure. Her research interests include the study of how process affects rights in varied areas.
Deputy District Attorney, Philadelphia District Attorney's Office
Ronald Eisenberg heads the Law Division of the Philadelphia District Attorney's Office. The 60 lawyers in the division handle appeals, habeas corpus and civil litigation, and legislative matters. Mr. Eisenberg has appeared at all levels of the state and federal court system, and has argued several cases in the United States Supreme Court.
Mr. Eisenberg is a member of the Pennsylvania Supreme Court Investigating Grand Jury Task Force and the Advisory Committee for the Pennsylvania Suggested Standard Criminal Jury Instructions. He has represented his office on the Pennsylvania Advisory Committee on Wrongful Convictions, was an adjunct professor at Temple University School of Law, teaching legal writing and research, and has served on the Pennsylvania Criminal Rules and Appellate Rules Committees. He is a past president and current board member of the Association of Government Attorneys in Capital Litigation, a national organization of capital prosecutors.
Mr. Eisenberg received his bachelor's degree from Haverford College in 1978 and his law degree from the University of Pennsylvania Law School in 1981.
J.D., University of Pennsylvania
B.A., Haverford College
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Dean and Iwan Foundation Professor of Law, University of Illinois College of Law
Dean Amar joined the College of Law as its dean in 2015, after having been a professor of law for many years at law schools in the University of California System, most recently the UC Davis School of Law, where he served as Senior Associate Dean for Academic Affairs. Amar is one of the most eminent and frequently cited authorities in constitutional law, federal courts, and civil procedure. He has produced several books and over 60 articles in leading law reviews. He is a co-author (along with Akhil Reed Amar and Steven Calabresi) of the upcoming edition of the six-volume Treatise on Constitutional Law (West Publishing Co., 6th ed. 2021) pioneered by Ron Rotunda and John Nowak, as well as the hardbound and soft-cover one-volume hornbooks that derive from it. He is also a co-author (along with Jonathan Varat) of Constitutional Law: Cases and Materials (Foundation Press, 15th ed. 2017), a co-author on multiple volumes of the Wright & Miller Federal Practice and Procedure Treatise (West Publishing Co. 2006), and a co-author (along with John Oakley) of a one-volume treatise on American Civil Procedure (Kluwer, 2008). He writes a biweekly column on constitutional matters for Justia.com and a monthly column on legal education for abovethelaw.com, is a frequent commentator on local and national radio and TV, and has penned dozens of op-ed pieces for major newspapers and magazines.
A strong proponent of public and professional engagement, Amar is an elected member of the American Law Institute and has served as a consultant for, among others, the National Association of Attorneys General, the United States Department of Justice, the California Attorney General’s Office, the ACLU of Southern California, and the Center for Civic Education. For one year he chaired the Civil Procedure Section of the Association of American Law Schools.
Amar earned his bachelor’s degree from UC Berkeley and his juris doctor from Yale Law School, where he was an articles editor for the Yale Law Journal. He then clerked for Judge William A. Norris of the United States Court of Appeals for the Ninth Circuit and for Justice Harry A. Blackmun of the United States Supreme Court before joining Gibson, Dunn & Crutcher, where he handled a variety of complex civil and white-collar criminal matters. It appears that dean Amar was the first person of South Asian heritage to clerk at the U.S. Supreme Court, and was the first American-born person of Indian descent to serve as a dean of a major American law school. Follow Dean Amar’s bi-weekly column on Justia.com and his monthly column on Above the Law, and read archived posts from his FindLaw.com column.
Professor of Law, University of California Hastings College of the Law
Professor Rory Little began teaching at UC Hastings in 1994 after a distinguished 12-year career as a practicing litigator, criminal defense and prosecution lawyer, and appellate lawyer. He is today a nationally recognized authority on criminal litigation ethics, federal criminal law, appellate litigation, and constitutional issues. On three occasions he has been awarded the “Best Professor” designation by the UC Hastings third-year class.
Professor Little chairs and serves on various committees in the American Bar Association and Federal Bar Association; annually publishes a Review of the Supreme Court’s Term: Criminal Cases for the ABA; and serves as Reporter to the ABA’s Task Force to Revise the Criminal Justice Standards, Prosecution and Defense Functions. He also occasionally serves as an expert witness in litigation matters; provides commentary on current legal issues for various print and electronic media; and maintains an Of Counsel position for appellate matters with the international law firm of McDermott, Will & Emery.
After graduating from Yale Law School, Professor Little served as law clerk to U.S. District Judge Louis F. Oberdorfer (Washington DC); Justice Potter Stewart (ret.), working on matters before the First, Third and Sixth Circuit Courts of Appeal; and Justice William J. Brennan, Jr. Professor Little also clerked for Justices Powell, Stevens, and Chief Justice Burger—a unique one-year experience.
Professor Little then practiced privately at Miller, Cassidy, Larroca & Lewin in Washington D.C. In 1987, he joined the U.S. Department of Justice’s Organized Crime & Racketeering Strike Force as a Trial Attorney. In 1989, he became the Appellate Chief for the U.S. Attorney’s Office in the Northern District of California, and has now argued over 60 federal and state appeals while briefing many more. In 1996 to 1997, Professor Little took a leave of absence from UC Hastings to serve as an Associate Deputy Attorney General in Washington D.C. under Attorney General Janet Reno and Deputy AG Jamie Gorelick.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Partner, Donahue & Goldberg LLP
Sean H. Donahue's practice is focused on appellate litigation, including environmental cases in federal and state appellate courts, legal counseling, and helping clients communicate effectively to courts, agencies, and other audiences. He is a member of the bars of the District of Columbia and the State of California.
A 1992 graduate of University of Chicago Law School, Sean served as law clerk to Ruth Bader Ginsburg, then of the U.S. Court of Appeals for the D.C. Circuit, and to Justice John Paul Stevens. He entered private practice at Jenner & Block's Washington office, where he worked on civil matters including in telecommunications and First Amendment law. He then spent four years at the Department of Justice, Environmental and Natural Resources Division, Appellate Section, briefing and arguing cases in the United States Courts of Appeals, and state supreme courts concerning federal environmental and natural resources law, federal property law, takings, and Indian law.
Sean has argued approximately 50 cases in federal and state appellate courts. Since first establishing his own practice in 2002, he has represented environmental and public health organization parties in numerous major environmental and clean energy cases in the Supreme Court and the courts of appeals. His current practice includes representation of public interest organizations, governmental bodies, and private entities in environmental, energy, natural resources, and other cases. Sean has taught courses in environmental law, civil procedure, constitutional law and other subjects at Washington & Lee University School of Law, Iowa College of Law, and Georgetown University Law Center, and currently teaches climate change law and policy as a lecturer at Stanford Law School. He has given presentations at law schools including Berkeley, Columbia, Fordham, Harvard, Duke, Georgetown, Maryland, NYU, Northwestern, Stanford, University of Chicago, University of Florida, Vermont Law School, and Washington & Lee.
Senior Fellow, Center for Energy and Environment, Competitive Enterprise Institute
Marlo Lewis, Jr. is a Senior Fellow at the Competitive Enterprise Institute, where he writes on global warming, energy policy, and other public policy issues. Prior to joining CEI in April 2002, he served as Director of External Relations at the Reason Foundation in Los Angeles, California. During the 106th Congress, Marlo served as Staff Director of the House Government Reform Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs.
His interests include the science, economics, and politics of global warming policy; the precautionary principle; environmentalism and religion; and the moral basis of free enterprise. Marlo has been published in The Washington Times, Investors Business Daily, TechCentralStation, National Review, and Interpretation: A Journal of Political Philosophy. He has appeared on various television and radio programs, and his ideas have been featured in radio commentary by Rush Limbaugh and G. Gordon Liddy.
Before joining CEI for his first tenure with the organization in 1993, Marlo served as Research Director for the grassroots organization, Citizens Against Government Waste. Earlier, he was a Staff Consultant to the House Foreign Affairs Subcommittee on International Economic Policy and Trade, a Special Assistant at the State Department Bureau of Inter-American Affairs and Bureau of International Organization Affairs, and a Visiting Assistant Professor of Political Science at Claremont McKenna College. He holds a Ph.D. in Government from Harvard University and a B.A. in Political Science from Claremont McKenna College.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
City of Arlington v. FCC - Post-Argument SCOTUScast
Emily Bremer
On January 16, 2013, the Supreme Court heard oral argument in City of Arlington v. FCC....
The America Invents Act May Be Constitutionally Infirm if It Repeals the Bar Against Patenting After Secret Commercial Use
Ron Katznelson
Note from the Editor: This paper analyzes the constitutionality of the new conditions for patentability...
Misconceptions about Ledbetter v. Goodyear Tire & Rubber Co.
Hans Frank Bader
Note from the Editor: This article discusses the Supreme Court’s decision in Ledbetter v....
Restraining Park Doctrine Prosecutions Against Corporate Officials Under the FDCA
Richard A. Samp, Cory L. Andrews
Note from the Editor: This paper analyzes the FDA’s “Park Doctrine” for prosecutions against corporate...
U.S. Supreme Court Mid-Term Review
Greenhouse Gases: Massachusetts v. EPA Revisited
A Supreme Court Overview with Greg Katsas
Morristown, New JerseyBoyer v. Louisiana - Post-Argument SCOTUScast
Amy Moore
On January 14, 2013, the Supreme Court heard oral argument in Boyer v. Louisiana. The question in...
Tibbals v. Carter and Ryan v. Gonzales - Post-Decision SCOTUScast
Ronald Eisenberg
On January 8, 2013, the Supreme Court announced its decision in Tibbals v. Carter andRyan v. Gonzales....
Koontz v. St. John’s River Water Management District - Post-Argument SCOTUScast
Richard A. Epstein
On January 15, 2013 the Supreme Court heard oral argument in Koontz v. St. John’s River...