Clinical Professor of Law, Dale E. Fowler School of Law, Chapman University
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Segal Family Professor of Regulatory Law and Policy, New York University School of Law
Rachel Barkow is the Segal Family Professor of Regulatory Law and Policy and the Faculty Director of the Center on the Administration of Criminal Law at NYU. In June of 2013, the Senate confirmed her as a Member of the United States Sentencing Commission. Since 2010, she has also been a member of the Manhattan District Attorney's Office Conviction Integrity Policy Advisory Panel.
Professor Barkow teaches courses in criminal law, administrative law, and constitutional law. In 2013, she was the recipient of the NYU Distinguished Teaching Award. The Law School awarded her its Podell Distinguished Teaching Award in 2007.
Her scholarship focuses on criminal law, and she is especially interested in applying the lessons and theory of administrative and constitutional law to the administration of criminal justice. She has written more than 20 articles that span a range of topics. She has written several articles on sentencing, including the relationship between modern sentencing laws and the constitutional role of the criminal jury; federalism and the politics of sentencing; the role of cost-benefit and risk tradeoff analysis in sentencing policy; what institutional model works for designing agencies that regulate criminal punishment; the political factors that lead to guideline and commission formation; and the flawed bifurcation between capital and noncapital constitutional sentencing jurisprudence. Professor Barkow has also explored in numerous articles the role of prosecutors in the criminal justice system. For example, she has analyzed how the lessons of institutional design from administrative law could improve the way prosecutors' offices are structured; she has looked to organizational guidelines and compliance programs as a model for prosecutorial oversight; and she has considered the increasing role of prosecutors as regulators through the conditions they place on corporations. Professor Barkow has also explored larger structural questions of how criminal justice is administered in the United States. In a series of major articles, she has explored the relationship between separation of powers and the criminal law and the relationship between federalism and the criminal law. Professor Barkow has also considered the role of mercy and clemency in criminal justice, paying particular attention to the relationship between administrative law's dominance and the increasing reluctance of scholars and experts to accept pockets of unreviewable discretion in criminal law.
Barkow has been invited to present her work in various settings. In the summer of 2009, Barkow testified before the House of Representatives Subcommittee on Commerce, Trade, and Consumer Protection regarding the institutional design of the proposed Consumer Financial Protection Agency. Barkow testified before the United States Sentencing Commission at a 2009 regional hearing on the 25th Anniversary of the Sentencing Reform Act. In the summer of 2004, Barkow testified before the Senate Judiciary Committee at a hearing on the future of the Federal Sentencing Guidelines. She has also presented her work on sentencing to the National Association of Sentencing Commissions Conference, the Federal Judicial Center's National Sentencing Policy Institute, and the Judicial Conference of the Courts of Appeals for the First and Seventh Circuits. In addition, Barkow has presented papers at numerous law schools.
After graduating from Northwestern University (B.A. 1993), Barkow attended Harvard Law School (J.D. 1996), where she won the Sears Prize, which is awarded annually to two students with the top overall grade averages in the first-year class. Barkow served as a law clerk to Judge Laurence H. Silberman on the District of Columbia Circuit, and Justice Antonin Scalia on the U.S. Supreme Court. Barkow was an associate at Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, in Washington, D.C., from 1998-2002, where she focused on telecommunications and administrative law issues in proceedings before the FCC, state regulatory agencies, and federal and state courts. She took a leave from the firm in 2001 to serve as the John M. Olin Fellow in Law at Georgetown University Law Center.
Principal Attorney, Pacific Legal Foundation
Sharon L. Browne is a principal attorney in Pacific Legal Foundation's Individual Rights Practice group. She is an accomplished trial and appellate lawyer. Her practice focuses on litigation at all court levels to prohibit government from utilizing race or sex based discrimination or preferences in public contracting, employment or education. She was actively involved in Parents Involved in Community Schools v. Seattle School District and Meredith v. Jefferson County, Ky Board of Education as an amicus and sat second chair during oral argument before the United States Supreme Court to assist the attorney arguing on behalf of Crystal Meredith.
Ms. Browne was named a California Lawyer of the Year in 2004 for her achievements in defending and implementing Proposition 209, the California Civil Rights Initiative, which ended race- and sex- based discrimination and preferences in public contracting, public employment, and public education. A few of her cases include Hi-Voltage Wire Works v. San Jose, 24 Cal. 4th 537 (2000), a unanimous judgment of the California Supreme Court interpreting Proposition 209, the voter approved initiative, which amended the California Constitution to prohibit race- and sex-based discrimination and preferences in public education, public employment, and public education; Crawford v. Huntington Beach Union High School District, 98 Cal. App. 4th 1275 (2002), the first case to apply Proposition 209 to K-12 public education; and C & C Construction v. Sacramento Municipal Utility District, 122 Cal. App. 4th 284 (2004), the first case to interpret Proposition 209's federal funding exception.
Partner, O’Melveny & Myers
Brian P. Brooks is the Managing Partner of Valor Capital Group. He has served as CEO of the Bitfury Group and CEO of digital asset exchange and marketplace Binance.US.
Mr. Brooks became Acting Comptroller of the Currency upon the resignation of the 31st Comptroller of the Currency Joseph M. Otting as a result of his designation as First Deputy Comptroller by Treasury Secretary Steven T. Mnuchin pursuant to his authority under 12 USC § 4.
As Acting Comptroller of the Currency, Mr. Brooks was the administrator of the federal banking system and chief officer of the Office of the Comptroller of the Currency (OCC). The OCC supervises nearly 1,200 national banks, federal savings associations, and federal branches and agencies of foreign banks that conduct approximately 70% of all banking business in the United States. The mission of the OCC is to ensure that national banks and federal savings associations operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations.
The Comptroller also serves as a director of the Federal Deposit Insurance Corporation and a member of the Financial Stability Oversight Council and the Federal Financial Institutions Examination Council.
Prior to becoming Acting Comptroller, Mr. Brooks served as Senior Deputy Comptroller and Chief Operating Officer. In this role, he oversaw OCC bank supervision, bank supervision policy, economics, supervisory system and analytical support, systemic risk identification support and specialty supervision, and innovation. He also served as a member of the OCC's Executive Committee and was the Chair of the Technology and Systems Subcommittee, since joining the agency in April 2020.
Prior to joining the OCC, Mr. Brooks served as Chief Legal Officer of Coinbase Global, Inc., where he headed the legal, compliance, audit, investigations, and government relations functions for the company, which served 20 million customers. He held this position since September 2018.
From 2014-2018, Mr. Brooks served as Executive Vice President, General Counsel, and Corporate Secretary of the $3.2 trillion Fannie Mae. Prior to joining Fannie Mae, he served as a Vice Chairman of OneWest Bank, N.A., from 2011 to 2014. Prior to joining OneWest, he served managing partner of the Washington, D.C. office of the global law firm O'Melveny & Myers LLP, where he also served as chair of the firm's financial services practice group. Prior to joining the OCC, Mr. Brooks also served on the Boards of Directors of Avant, Inc. and Fannie Mae, and also served as an advisor to a number of technology startups.
Mr. Brooks holds a bachelor’s degree from Harvard University in government and a law degree from the University of Chicago.
Partner, O’Melveny & Myers
Brian P. Brooks is the Managing Partner of Valor Capital Group. He has served as CEO of the Bitfury Group and CEO of digital asset exchange and marketplace Binance.US.
Mr. Brooks became Acting Comptroller of the Currency upon the resignation of the 31st Comptroller of the Currency Joseph M. Otting as a result of his designation as First Deputy Comptroller by Treasury Secretary Steven T. Mnuchin pursuant to his authority under 12 USC § 4.
As Acting Comptroller of the Currency, Mr. Brooks was the administrator of the federal banking system and chief officer of the Office of the Comptroller of the Currency (OCC). The OCC supervises nearly 1,200 national banks, federal savings associations, and federal branches and agencies of foreign banks that conduct approximately 70% of all banking business in the United States. The mission of the OCC is to ensure that national banks and federal savings associations operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations.
The Comptroller also serves as a director of the Federal Deposit Insurance Corporation and a member of the Financial Stability Oversight Council and the Federal Financial Institutions Examination Council.
Prior to becoming Acting Comptroller, Mr. Brooks served as Senior Deputy Comptroller and Chief Operating Officer. In this role, he oversaw OCC bank supervision, bank supervision policy, economics, supervisory system and analytical support, systemic risk identification support and specialty supervision, and innovation. He also served as a member of the OCC's Executive Committee and was the Chair of the Technology and Systems Subcommittee, since joining the agency in April 2020.
Prior to joining the OCC, Mr. Brooks served as Chief Legal Officer of Coinbase Global, Inc., where he headed the legal, compliance, audit, investigations, and government relations functions for the company, which served 20 million customers. He held this position since September 2018.
From 2014-2018, Mr. Brooks served as Executive Vice President, General Counsel, and Corporate Secretary of the $3.2 trillion Fannie Mae. Prior to joining Fannie Mae, he served as a Vice Chairman of OneWest Bank, N.A., from 2011 to 2014. Prior to joining OneWest, he served managing partner of the Washington, D.C. office of the global law firm O'Melveny & Myers LLP, where he also served as chair of the firm's financial services practice group. Prior to joining the OCC, Mr. Brooks also served on the Boards of Directors of Avant, Inc. and Fannie Mae, and also served as an advisor to a number of technology startups.
Mr. Brooks holds a bachelor’s degree from Harvard University in government and a law degree from the University of Chicago.
SCOTUScast 7-8-09 featuring Peter Jaffe
Peter Jaffe
On Wednesday, April 29, the Supreme Court announced its decision in Dean v. United States....
SCOTUScast 7-7-09 featuring Tom Caso
Anthony (Tom) Caso
On Tuesday, March 31, the Supreme Court announced its decision in Hawaii v. Office of...
SCOTUScast 7-7-09 featuring Kent Scheidegger
Kent Scheidegger
On Tuesday, April 28, the Supreme Court announced its decision in Cone v. Bell. In...
SCOTUScast 7-7-09 featuring Rachel Barkow
Rachel Barkow
On Monday, June 8, the Supreme Court announced its decision in Boyle v. United States....
SCOTUScast 7-6-09 featuring Sharon Browne
Sharon L. Browne
On Monday, June 22, the Supreme Court announced its decision in Northwest Austin Municipal Utility...
SCOTUScast 7-6-09 featuring Brian Brooks
Brian P. Brooks
On Monday, May 4, the Supreme Court announced its decision in Arthur Andersen v. Carlisle....
SCOTUScast 7-5-09 featuring Brian Brooks
Brian P. Brooks
On Monday, March 9, the Supreme Court announced its decision in Vaden v. Discover Bank....
Proposals for Changing Judicial Selection in Wisconsin
After three years in a row of vigorously contested state supreme court races, numerous proposals...
ABA-NCSC Summit Addresses Challenges to Fairness, Impartiality of State Courts
Joshua Daniel Davey
In May, delegations from thirty-seven states and territories participated in a national summit held in...
“Now” Is the Time: U.S. Supreme Court Rules on Rhode Island Indian Land Case
David Strachman
The U.S. Supreme Court recently ended a decade-old skirmish in the 100-year legal battle between...