Independent Analyst, None
Allison Hayward most recently served as the Head of Case Selection at the Oversight Board. Previously, she was a Commissioner at the California Fair Political Practices Commission, a Board Member at the Office of Congressional Ethics, and an Assistant Professor of Law at George Mason University School of Law. She also previously worked as Chief of Staff and Counsel in the office of Federal Election Commission Commissioner Bradley A. Smith and practiced election law in California and in Washington DC.
In 1994-1995, Professor Hayward was a judicial clerk for the Honorable Danny J. Boggs, United States Court of Appeal for the Sixth Circuit.
She is a member of the State Bar of California and the District of Columbia Bar.
Chief Justice, Supreme Court of Georgia
Chief Justice David E. Nahmias (pronounced “NAH-mee-iss”) has served on the Georgia Supreme Court since his appointment by Governor Sonny Perdue in August 2009, winning election to six-year terms in 2010 and 2016. He became the Court’s Presiding Justice in September 2018 and its Chief Justice in July 2021. As Chief Justice, he leads the State’s judicial branch and chairs the Judicial Council of Georgia, the policy-making body for the judicial branch. Chief Justice Nahmias also chairs the Court’s Justice for Children Committee and the Chief Justice’s Commission on Professionalism. Before taking the bench, he was a federal prosecutor for almost 15 years, including service as a line prosecutor and as the United States Attorney in Atlanta, where he prosecuted and supervised many high-profile cases, and service as a senior Justice Department official in Washington, where he oversaw terrorism cases and other matters for three years after the 9/11 attacks.
Chief Justice Nahmias is a graduate of Briarcliff High School in DeKalb County, where he was the state’s STAR Student in 1982; Duke University, where he finished second in his class; and Harvard Law School, where he served on the Law Review with former President Barack Obama. He was a law clerk to U.S. Supreme Court Justice Antonin Scalia. Chief Justice Nahmias has received numerous local, state, and national awards and honors for his public service, and he has served on several committees and boards that work to improve the legal system and the community. Chief Justice Nahmias has two teenage sons. His wife, Catherine O’Neil, was a partner at King & Spalding before she passed away in 2017.
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, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Member, Caplin & Drysdale
Services
Mr. Birkenstock focuses on advising corporations, non-profit organizations, candidates, officeholders, and other clients in structuring new political efforts and administering their political, lobbying, and issue-advocacy projects. He also helps clients respond to controversies involving issues of political law such as alleged campaign finance improprieties, conflicts of interest, and real or perceived violations of other legal and ethical obligations.Highlights
While at the DNC, Mr. Birkenstock worked closely with the party's fundraisers and campaign staff to help ensure their compliance with the myriad of state and federal laws governing their activities. He took primary responsibility for responding to several investigations into Democratic Party fundraising following the 1996 presidential election. He also assisted in the litigation and public relations efforts surrounding the 2000 Florida recount and helped implement the DNC's transition to the McCain-Feingold campaign finance regime.Partner and Chair of Political Law Practice Group, Perkins Coie
Partner and Chair of Election Law and Government Ethics Practice, Bryan Cave
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Professor of Law, Willamette University College of Law
Jeffrey Standen joined the Willamette University College of Law faculty in 1990 after serving as deputy general counsel to the U.S. Sentencing Commission. He earned tenure at the college in 1996. Professor Standen has been a visiting professor at the University of San Diego and a scholar in residence at the University of Virginia. He serves as international advisor to the Philippines Court of the Sandiganbayan, the tribunal that adjudicates public corruption cases.
Professor Standen was graduated from the University of Virginia Law School in 1986. He was editor of the Virginia Law Review and articles editor of the Virginia Tax Review. After graduation, he served as law clerk to the Honorable Robert Chapman of the U.S. Court of Appeals for the Fourth Circuit. He entered private practice as an associate with the law firm of Hunton & Williams.
Professor Standen is an active scholar and lecturer and has published articles in prestigious periodicals, such as the California Law Review, the Iowa Law Review and the Washington University Law Quarterly, among others. At Willamette’s College of Law, he teaches Remedies, Evidence, Criminal Law and Procedure, and Sports Law. His Web site, http://thesportslawprofessor.blogspot.com/, is “dedicated to the complete integration of sports and law.”
Professor Standen received the Robert L. Misner Award for Excellence in Scholarship and was WUCL Professor of the Year in 2004. He serves as chair of the 2007 WUCL Self-Study Committee and as faculty advisor to the Willamette Law Review. Professor Standen is a member of the state bars of Virginia and Oregon. He is a cum laude graduate of Georgetown University, where he earned an A.B. in Political Philosophy in 1982; he studied at the London School of Economics in 1981.
William F. Baxter-Visa International Professor of Law, Stanford Law School
Marcus Cole is a leading scholar of the empirical law and economics of commerce and finance, and teaches courses in the areas of Bankruptcy, Banking, Contracts, and Venture Capital. Professor Cole’s writings have explored questions such as why corporate bankruptcies are increasingly filed in Delaware, and what drives the financial structure of firms backed by venture capital. His current research interests involve the ways in which the world’s poor are using technology to solve their own problems, often in the face of government restrictions hindering such solutions. Professor Cole has served as a National Fellow at the Hoover Institution, and is a Fellow at the University of Amsterdam Center for Law and Economics. He has been a Visiting Professor at a number of institutions around the world, including the University of Amsterdam, the University of Vienna, the University of Leiden, Bucerius University in Hamburg, Germany, Northwestern University, Korea University, and Peking University School of Transnational Law in Shenzhen. Professor Cole has also served on the boards of several civic and charitable organizations, including that of the Central Pacific Region of the Anti-Defamation League of B’nai B’rith, and Businesses United in Lending and Development (“BUILD”). He currently serves on the Editorial Board of the Cato Supreme Court Review, the Academic Advisory Board of Bar-Bri, the Advisory Board of the Independent Institute’s Center on Culture and Civil Society, and is President of the Board of Directors of Rocketship Education, a national, non-profit charter school network, operating California’s most successful charter schools for low-income children. Before joining the Stanford Law faculty in 1997, Professor Cole was an associate with the Chicago law firm of Mayer Brown, and he clerked for Judge Morris Sheppard Arnold of the United States Court of Appeals for the Eighth Circuit.
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law; Director, Election Law @ Moritz, Ohio State University Moritz College of Law
Professor Foley (known as “Ned”) directs Election Law @ Moritz at Ohio State’s law school, where he also holds the Ebersold Chair in Constitutional Law.
His book Ballot Battles: The History of Disputed Elections in the United States (Oxford University Press, 2016) was named Finalist for the David J. Langum, Sr. Prize in American Legal History and listed as one of 100 “must-read books about law and social justice”.
He has completed a new book manuscript, Presidential Elections and Majority Rule (to be published by Oxford University Press), which employs historical analysis to offer a feasible reform of state laws that would enable the Electoral College to operate as intended and thereby avoid the election of presidents who lack majority support among the voters in the states responsible for their Electoral College victories.
As Reporter for the American Law Institute’s Project on Election Administration (with his Mortiz colleague Steven Huefner, who served as Associate Reporter), Professor Foley drafted Principles of Law: Non-Precinct Voting and Resolution of Ballot-Counting Disputes, which provides nonpartisan guidance for the resolution of election disputes.
During his fellowship at Stanford University’s Center on Democracy, Development, and the Rule of Law, Foley wrote Due Process, Fair Play and Excessive Partisanship: A New Principle of Judicial Review of Election Law, 84 U. Chicago Law Review 655-758 (2017), which was cited in briefs in Gill v. Whitford and Benisek v. Lamone (the Supreme Court gerrymandering cases). His extensive online commentary about gerrymandering includes: Wechsler, History, and Gerrymandering, Scotusblog, and Constitutional Preservation, the Marbury Duty & Congressional Gerrymanders, Election Law Blog.
While Professor Foley has special expertise on recounts and other procedures for fairly and accurately identifying which candidate is the winner in close elections, he has written widely on all aspects of election law, including the need for nonpartisan institutions in election administration. He has also co-authored Election Law and Litigation: The Judicial Regulation of Politics (Wolters Kluwer 2014).
Professor Foley has taught at Ohio State since 1991. Previously, he clerked for Chief Judge Patricia M. Wald of the U.S. Court of Appeals and Justice Harry Blackmun of the United States Supreme Court. In 1999, he took a leave from the faculty to serve as the state solicitor in the office of Ohio’s Attorney General. In that capacity, he was responsible for the state’s appellate and constitutional cases.
Professor Foley is a graduate of Columbia University School of Law and Yale College.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
The Supreme Court's Evolving Campaign Finance Doctrine: Personal and Corporate Rights
Reflections from a Year on the Court
American Needle v. NFL - Post-Argument SCOTUScast
Jeffrey Standen
On January 13, 2010, the Supreme Court heard oral argument in American Needle v. National...
Legal Issues and Legislative Options for Dealing with Guantanamo Detainees
Houston, TexasChristian Legal Society v. Martinez: Assessing the Threat to Freedom of Conscience
Charlotte, North CarolinaThe Impact of the Citizens United Decision on Federal Elections
WashingtonMcDonald v. Chicago: Does the Second Amendment Second Amendment Apply to State and Local Governments Through the 14th Amendment?
Orlando, FloridaEminent Domain and Kelo v. New London
HoustonUnited Student Aid Funds, Inc. v. Espinosa – Post-Argument SCOTUScast
Gilbert Marcus Cole
On December 1, 2009, the Supreme Court heard oral argument in United Student Aid Funds,...
Citizens United v. Federal Election Commission – Post-Decision Debate SCOTUScast
Bradley A. Smith, Edward B. Foley, Erik S. Jaffe
On January 21, 2009, the Supreme Court announced its decision in Citizens United v. FEC. ...