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
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.
Partner, Dechert LLP
In a career spanning both private and public practice, Steven A. Engel is a leading litigator and counselor, acting as an advocate in high-profile trial and appellate matters and advising clients on their most sensitive and complex legal issues. Mr. Engel is the Chair of Dechert’s Appellate and Regulatory Litigation Group and has appeared in courts across the country, handling a wide range of civil litigation matters, including administrative law, commercial litigation, constitutional law and securities cases. He regularly counsels clients on challenges to agency regulations and in connection with government, congressional and internal investigations.
Until January 2021, Mr. Engel served as the Assistant Attorney General for the Department of Justice’s Office of Legal Counsel. As the head of the office, Mr. Engel served as the chief counsel to the Attorney General and the principal legal adviser to the Executive Branch, providing legal advice to the President and cabinet secretaries on the most critical constitutional and statutory questions, including matters pertaining to national security, administrative law, criminal law, congressional oversight, and executive orders. In December 2020, Mr. Engel was awarded the Department of Justice’s highest honor, the Edmund J. Randolph Award, for outstanding service to the Department.
Before his appointment as Assistant Attorney General in 2017, Mr. Engel had been a partner at Dechert since 2009 and previously served as Deputy Assistant Attorney General for the Department of Justice’s Office of Legal Counsel. Mr. Engel clerked on the U.S. Supreme Court for Associate Justice Anthony M. Kennedy and on the U.S. Court of Appeals for the Ninth Circuit for Judge Alex Kozinski.
Mr. Engel is a member of the Advisory Committee on Rules for the U.S. Court of Appeals for the District of Columbia Circuit and the Administrative Conference of the United States. He has been an Adjunct Professor at the Antonin Scalia School of Law at George Mason University and the Columbus School of Law at the Catholic University of America and was formerly the Chief Justice William H. Rehnquist Distinguished Practitioner in Residence at the C. Boyden Gray Center for the Study of the Administrative State. He has been nationally ranked as a leading lawyer in The Legal 500 USA and Benchmark Litigation. Mr. Engel has frequently commented on legal subjects in numerous publications, including The New York Times, The Washington Post, The Wall Street Journal and USA Today, and has appeared on national news programs as a legal analyst, including on MSNBC, CNN, Fox News Channel and the Fox Business Network. Mr. Engel has testified on several occasions before committees of the U.S. House of Representatives and the Senate.
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. ...
Merck v. Reynolds - Post-Argument SCOTUScast
Steven A. Engel
On November 30, 2009, the Supreme Court heard oral argument in Merck v. Reynolds. The issue...