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 Vice President and Litigation Director, Institute for Justice
Dana Berliner serves as Senior Vice President and Litigation Director at the Institute for Justice, where she has worked as a lawyer since 1994.
The focus of Dana’s litigation at IJ has been property rights. She successfully represented the Community Youth Athletic Center, a boxing gym and mentoring program for at-risk youth, which challenged the city of National City’s authorization of taking the CYAC’s property for private development; the California Court of Appeal ruled in 2013 that the authorization of eminent domain was invalid and that National City had violated California’s Public Records Act. Dana also represented the home and business owners in Norwood, Ohio, who, on July 26, 2006, secured a unanimous ruling from the Ohio Supreme Court that the city could not take their property for a privately owned shopping mall and “lifestyle center.” Along with co-counsel Scott Bullock, she represented the homeowners in Kelo v. New London, in which the U.S. Supreme Court ruled that cities could condemn property because other uses may produce an increase in tax dollars and jobs. Dana, along with many others at IJ, worked to turn the nationwide outrage caused by the decision into new state statutes, constitutions and judicial decisions that cut back on eminent domain abuse. She secured a ruling that the Village of Port Chester, N.Y., violated due process in its use of eminent domain to secure waterfront property. Since 2008, Dana has been recognized every year as a “Best Lawyer” in eminent domain and condemnation law by the publication Best Lawyers in America.
On issues of free speech and economic liberty, Dana successfully defended Carla Main and Encounter Books, who wrote and published a book about eminent domain abuse in Texas and across the country, against a defamation suit brought by a developer who stood to receive property taken by eminent domain. She secured a victory in favor of two New Orleans entrepreneurs in a federal First Amendment challenge to the city of New Orleans’ ban on sidewalk book vending. As trial counsel, Dana also secured a ruling that the Nevada Transportation Services Authority violated the rights of several would-be limousine entrepreneurs by subjecting them to an onerous and arbitrary licensing process that gave undue power to existing companies opposing competition. And she successfully represented an aspiring teacher of African hair braiding in Mississippi, as well as two of her students, challenging restrictions on learning and teaching African hair braiding in Mississippi.
In 2012, Dana became IJ’s Litigation Director. She now oversees all of IJ’s litigation, helping other attorneys craft both their major legal theories and their day-to-day litigation strategies. And she helps to set the litigation directions that IJ will take. In 2016, Dana began her role as IJ’s Senior Vice President.
Dana authored Opening the Floodgates: Eminent Domain Abuse in the Post-Kelo World, a report on the use and threatened use of eminent domain for private development in the year since the Kelo decision. Dana also authored Public Power, Private Gain: A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain, the first-ever nationwide study on the abuse of eminent domain, released in 2003.
Dana has been quoted in The New York Times, USA Today, Wall Street Journal, NPR and The Washington Post as well as on various radio and television broadcasts, including 60 Minutes.
Dana received her law and undergraduate degrees from Yale University where she was a member of the Yale Law Journal and represented clients through the legal services program. After law school, she clerked for Judge Jerry Smith on the 5th U.S. Circuit Court of Appeals.
Dana Berliner is a member of the DC and Pennsylvania bars.
General Counsel, James Madison Center for Free Speech
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
John A. Sibley Professor in Corporate and Business Law, The University of Georgia School of Law
Larry D. Thompson has served on the University of Georgia School of Law’s faculty as the holder of the John A. Sibley Chair of Corporate and Business Law since 2011, noting he was on a leave of absence from June 2012 through 2014. He is presently a member of the Faculty Division of the law school's Dean Rusk International Law Center Council.
Thompson first retired from PepsiCo in May 2011. In June 2012, he rejoined the company as executive vice president, government affairs, general counsel and corporate secretary. His responsibilities included leading PepsiCo’s worldwide legal function, as well as its global government affairs and public policy group and its global citizenship and sustainability team. Thompson again retired from PepsiCo in December 2014.
Thompson has extensive leadership experience in both the public and private sectors. In 2001, Thompson was confirmed by the U.S. Senate as deputy attorney general of the United States. As deputy attorney general, Attorney General John Ashcroft named Thompson in 2002 to lead the Department of Justice’s National Security Coordination Council. Also in 2002, President George W. Bush named Thompson to head the government-wide Corporate Fraud Task Force.
From 1982 to 1986, he served as U.S. attorney for the Northern District of Georgia where he led major political corruption and drug trafficking prosecutions brought by the U.S. Attorney’s Office. As U.S. attorney, Thompson also led the Southeastern Organized Crime Drug Enforcement Task Force.
Thompson has held other significant leadership positions in the public sector. In 1995, he was named independent counsel for the Department of Housing and Urban Development Investigation. In 2000, he was selected by the U.S. Congress to chair the bi-partisan Judicial Review Commission on Foreign Asset Control.
In the private sector, in addition to his leadership roles at PepsiCo, Thompson was a partner in the Atlanta law firm of King & Spalding. He was the founding co-chair of the firm’s special matters and government investigations practice.
Thompson has received numerous awards for his professional achievements, including the Edmund Jennings Randolph Award for outstanding contributions to the accomplishment of the Department of Justice’s mission, the Outstanding Litigator Award from the Federal Bar Association and a Honorary Doctor of Laws degree from Pace University in New York. He has also been recognized by Atlanta’s Gate City Bar Association as a member of its hall of fame.
Thompson is an elected Fellow of the American Board of Criminal Lawyers. In 2014, Ethisphere magazine recognized him by noting that as “the outgoing General Counsel of one of the world’s most well-recognized corporations [Thompson] has set the bar high for GC’s everywhere. [His] background in both public and private sectors earned him the trust and respect of his peers worldwide as he demonstrated how ethics and integrity are essential components of business success.”
In 2004, Thompson served as a Senior Fellow with the Brookings Institution in Washington, D.C.
Thompson speaks and writes frequently on a number of legal topics. His recent publications include:
● “The Responsible Corporation: Its Historical Roots and Continuing Promise" in 29 Notre Dame Journal of Law, Ethics & Public Policy 199 (2015).
● “In-sourcing Corporate Responsibility for Enforcement of the Foreign Corrupt Practices Act" in 51 American Criminal Law Review 199 (2014).
● “Keynote Speech: The Reality of Overcriminalization” in 7 George Mason University Journal of Law, Economics and Policy 577 (2011).
Thompson holds a B.A. from Culver-Stockton College in Canton, Missouri, a M.A. from Michigan State University and a law degree from the University of Michigan.
Former United States Senator, Utah
Over nearly four decades of public service, Senator Orrin Hatch established himself as a leading conservative voice in the United States Senate. As the upper chamber’s most senior Republican, he served as President Pro Tempore and as Chairman of the Senate Finance Committee. In this capacity, he fought to create jobs and strengthen the economy by repealing and replacing Obamacare, reforming the tax code, and opening up overseas markets to American exports.
As a long-time member and former Chairman of the Senate Judiciary Committee, Senator Hatch also fought to check judicial activism and protect our liberties. He was instrumental in confirming conservative judges to the federal bench and played an indispensable role in confirming Supreme Court Justices Antonin Scalia, Clarence Thomas, and Samuel Alito as well as scores of district and circuit court judges.
One of Senator Hatch’s particularly noteworthy achievements on the Judiciary Committee is the Religious Freedom Restoration Act of 1993—a bill he co-authored with the late Senator Ted Kennedy. This landmark legislation prohibits substantial government burdens on the free exercise of religion, allowing all Americans to live, work, and worship in accordance with their beliefs.
In addition to protecting our individual liberties, Senator Hatch was on the front lines of legislative battles to protect our free-market economy and system of limited government under the Constitution. His reputation as a statesman and his record of fiscal responsibility earned him the nickname “Mr. Balanced Budget” from President Reagan.
By virtually all measures, Senator Hatch was among the most effective and consequential legislators in history. Since he first came to Congress in 1977, no legislator alive today has authored more bills that have become law than Senator Hatch.
Of all Senator Hatch’s achievements, he is proudest of his family, and he credits the love of his wife and children as the key to his success. He and Elaine have been married for more than fifty years. Together, they are the parents of six children, twenty-three grandchildren, and sixteen great-grandchildren.
Partner, Gibson Dunn & Crutcher
Douglas R. Cox is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Vice-Chair of the firm's Crisis Management Practice Group. He practices in the areas of constitutional and general commercial litigation, appellate law, and governmental matters.
Mr. Cox has represented numerous clients in litigation before federal and state trial and appellate courts. He played a principal role in the firm's successful representation of the prevailing candidate before the Supreme Court of the United States in Bush v. Palm Beach County Canvassing Board and Bush v. Gore, stemming from the 2000 presidential election, and in other cases before the Supreme Court involving equal protection, voting rights and election law, the scope of the jury trial right under the Seventh Amendment, and other constitutional and statutory issues.
Mr. Cox successfully represented the National Association of Securities Dealers ("NASD") in a series of trial and appellate matters, including DL Capital Group, LLC v. Nasdaq Stock Market, Inc., 409 F.3d 93 (2d Cir. 2005) and Sparta Surgical Corp. v. NASD, 159 F.3d 1209 (9th Cir. 1998).
Mr. Cox frequently represents accounting firms in a variety of matters, including matters involving the SEC and PCAOB. He also has substantial experience representing clients before congressional investigating committees.
Mr. Cox previously served for five years during the Reagan and Bush Administrations in the Justice Department's Office of Legal Counsel, becoming Principal Deputy Assistant Attorney General during the Bush Administration. In that Office, he provided legal advice to Executive Branch departments; resolved legal disputes on behalf of the Attorney General between Executive Branch departments; prepared formal opinions of the Attorney General; drafted and issued opinions on legal issues of importance to the Executive Branch; and advised Congress as to the constitutionality of pending legislation.
From 1981 through 1987, Mr. Cox practiced in New York City with a national firm, representing major corporations in state and federal courts. His practice focused on intellectual property, securities, and international tax litigation.
Mr. Cox received his law degree, cum laude, from Harvard Law School in 1980, where he served as Editor-in-Chief of the Harvard Journal of Law and Public Policy from 1979-1980. He received his undergraduate degree in history, magna cum laude, from Princeton University in 1977. He attended Oxford University on a Knox Scholarship in 1980-1981.
In 2005, Chief Justice Rehnquist appointed Mr. Cox to serve as a member of the Judicial Conference Standing Committee on Rules of Practice and Procedure. In 2008 he was reappointed by Chief Justice Roberts.
General Counsel, Department of the Army
Mr. Benedict S. Cohen was appointed by President Bush to serve as the General Counsel for the Department of the Army effective on August 4, 2006. Mr. Cohen has twenty years of experience in high-level positions across the federal government, with a principal focus on national security and foreign policy. Prior to his current position, he served as the Managing Executive for Policy and Counselor to Chairman Cox at the U.S. Securities and Exchange Commission, where he focused on legal and policy issues facing the agency and enhancing the Commission’s crisis-management and homeland-security capabilities. Prior to taking this position, he served as staff director of the Committee on Homeland Security of the U.S. House of Representatives, where he managed the transition from select committee to full standing committee status and the passage of authorization legislation for the Department of Homeland Security and of legislation reforming DHS’ homeland security grant program.
Mr. Cohen has also served as Deputy General Counsel (Environment & Installations) for the Defense Department, in which capacity he spearheaded DoD’s Readiness and Range Preservation Initiative, a multifaceted legislative, regulatory, and resource-management program to ensure sustainability of the military’s test and training capabilities and foster better environmental stewardship. He also provided legal support for DoD’s installation initiatives, and served as a principal spokesman for the Department on environmental and installations issues. He has also served in senior positions in the White House Counsel’s Office, the congressional leadership staff, and the Department of Justice, as well as serving in two law firms.
Mr. Cohen graduated from Yale magna cum laude in 1980 with a B.A. in history, and from the University of Chicago Law School in 1983, having served as an Associate Editor of the Law Review. He clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit. He lives in American University Park in Washington, D.C. His wife is an attorney in private practice. He has two children, aged eight and ten.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
US v. Virginia: The New and Improved Equal Protection Clause
Anita K. Blair
Last summer's 7-1 Supreme Court decision in the Virginia Military Institute (VMI) case, United States...
The California Civil Rights Initiative Goes to Court
Hans Frank Bader
Last November, the voters of California adopted a state constitutional amendment, known as the California...
Public Power, Private Gain: The Abuse of Eminent Domain
Dana Berliner
YOU MAY BE REQUIRED TO MOVE WITHIN 90 DAYS AFTER YOU RECEIVE THIS NOTICE. IF...
The FEC's Assault on the First Amendment
James Bopp
The Federal Election Commission's well-publicized lawsuit against the Christian Coalition brings to light the 20-year...
Major Habeas Reform Package Becomes Law
Thomas F. Gede
New deference standard requires federal courts to respect state court legal and constitutional rulings; Act...
Supreme Court Rules That Civil Forfeiture is not Punishment for Double Jeopardy Purposes
Larry D. Thompson
In United States v. Ursery, 116 S.Ct. 2135 (1996), the United States Supreme Court held...
Legislative Initiatives
Orrin Hatch
Despite the constitutional requirement for the protection of property rights, the America of the late...
Clinton v. Jones: Are Presidents "Temporarily Immune" from Suit Based Upon Their Unofficial Acts?
Douglas R. Cox
An alleged 1991 encounter between Paula Corbin Jones, an Arkansas state employee, and then-Governor Bill...
Separation of Powers and Federalism in the 104th Congress
Benedict S. Cohen
In the fields of separation of powers and federalism the 104th Congress revisited old issues...
Blind to Text, Unfaithful to Principle
John F. Duffy
The most significant decision involving federalism that was handed down during the October 1995 Term--indeed,...