Partner, Clement & Murphy, PLLC
Erin Murphy is founding partner of Clement & Murphy, PLLC. She is widely recognized as one of the nation’s leading Supreme Court and appellate advocates. She has argued dozens of cases in appellate and trial courts throughout the country, including the Supreme Court and nearly all of the federal courts of appeals. Erin has long been ranked by Chambers & Partners rankings as a leading appellate practitioner, and the National Law Journal has named her one of the nation’s “Outstanding Women Lawyers.” Erin also has an active pro bono practice, through which she has successfully represented many religious organizations and adherents, criminal defendants, asylum applicants, adoptive parents, and more.
Erin is an adjunct professor at her alma mater the Georgetown University Law Center, a member and former officer of the Edward Coke Appellate Inn of Court, and a frequent speaker on topics relating to the Supreme Court and appellate advocacy. In her spare time, Erin serves on the board of directors of Street Law.
Partner, Lehotsky Keller LLP
The New York Times recognized Scott A. Keller as a “legal heavyweight,” who “is praised by opponents as a formidable advocate.”
Mr. Keller has argued 12 cases before the U.S. Supreme Court and 12 cases before the Texas Supreme Court. He is the only practicing lawyer to have argued at least 10 cases in both courts. Mr. Keller frequently represents parties in high stakes appeals, and he has argued many cases in federal courts of appeals throughout the nation. He has earned individual accolades from Lawdragon 500 Leading Litigators in America, Chambers, Legal 500, The American Lawyer, The National Law Journal, Law360, Super Lawyers, The Best Lawyers in America, and other publications.
Before founding Lehotsky Keller Cohn LLP, Mr. Keller headed Baker Botts LLP’s Supreme Court Practice. He also has significant experience at the highest levels in all three branches of government. Mr. Keller served as the Solicitor General of Texas, the State’s chief appellate litigator. He was U.S. Senator Ted Cruz’s chief counsel on the Senate Judiciary Committee. Mr. Keller was a law clerk for Justice Anthony Kennedy of the Supreme Court of the United States and Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit. He was also a Bristow Fellow in the U.S. Department of Justice’s Office of the Solicitor General.
Mr. Keller represents clients in cases where public communications strategy is crucial, and he has made numerous media appearances in major outlets such as The New York Times, The Wall Street Journal, BBC, Fox News, NPR, and Politico. As a sought after speaker and writer, Mr. Keller’s articles have appeared in the Stanford Law Review, Virginia Law Review, and Texas Law Review. He has also served as an adjunct professor of constitutional litigation, Supreme Court practice, and federal courts at the University of Texas School of Law.
Partner, Ashcroft Law Firm
Austin R. Nimocks is a partner in The Ashcroft Law Firm's office in Austin, Texas. He focuses his practice on internal investigations, government relations, white-collar criminal defense, and helping companies comply with federal law. Litigating for over 20 years, including three as a public defender, Mr. Nimocks has practiced law within the private, government, and non-profit sectors, geographically spanning the United States and beyond.
Prior to joining The Ashcroft Law Firm, Mr. Nimocks served in the Executive Administration of Texas Attorney General Ken Paxton as both Special Counsel and the Associate Deputy Attorney General for Special Litigation. During his time with General Paxton, Mr. Nimocks coordinated and led myriad multi-state lawsuits and strategic litigation against the federal government, other states, and local government entities. On behalf of Texas (and other states), Mr. Nimocks' teams achieved many victories against the federal government, including the U.S. Department of Justice, U.S. Department of Labor, U.S. Department of Health and Human Services, and other federal agencies.
Before joining the Texas Attorney General's Office, Mr. Nimocks served as Senior Counsel for Alliance Defending Freedom ("ADF") in Washington, D.C. While at ADF, Mr. Nimocks handled appeals and litigated constitutional cases in state and federal courts across the country, including matters regarding marriage, parental rights, voters' rights, and religious freedom. Mr. Nimocks also authored several pieces of legislation and policy memoranda and testified before numerous state legislatures, as well as Congress. While with ADF, Mr. Nimocks made regular public appearances, speaking at numerous events and participating in hundreds of television, radio, and newspaper interviews with all major national media outlets.
Mr. Nimocks earned his undergraduate and law degrees from Baylor University in Waco, Texas. He passed the bar exams in Texas, Mississippi, Alabama, and Arizona and is also a member of the Bar for the District of Columbia. In addition to his state bar admissions, Mr. Nimocks is admitted to practice law before the U.S. Supreme Court, the U.S. Courts of Appeals for the D.C., First, Second, Third, Fourth, Fifth, Sixth, Seventh, Ninth, Tenth, and Eleventh Circuits, as well as numerous federal district courts.
Judge, United States Court of Appeals, Fifth Circuit
Andrew Oldham is a Circuit Judge on the United States Court of Appeals for the Fifth Circuit. Before ascending to the bench, Judge Oldham served as General Counsel to Texas Governor Greg Abbott, where he advised the Governor on a range of issues under federal and state law and managed litigation in which the Governor was an interested party. Before that he served as Deputy Solicitor General for the State of Texas, where he represented Texas in federal courts across the country, including twice before the United States Supreme Court. Before moving to Texas, Judge Oldham was an attorney at Kellogg Hansen Todd Figel & Frederick in Washington, D.C. His practice focused on appellate litigation in federal courts of appeals throughout the country. Before entering private practice, Judge Oldham served as a law clerk to Justice Samuel A. Alito, Jr., at the Supreme Court of the United States and to Judge David B. Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit. He also worked as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice from 2006 to 2008. Judge Oldham earned a B.A. from the University of Virginia with highest honors, a Truman Scholarship for graduate school, an M. Phil., first class (with distinction), from Cambridge University, and a J.D., magna cum laude, from Harvard Law School.
Judge, United States Court of Appeals, Fifth Circuit
Andrew Oldham is a Circuit Judge on the United States Court of Appeals for the Fifth Circuit. Before ascending to the bench, Judge Oldham served as General Counsel to Texas Governor Greg Abbott, where he advised the Governor on a range of issues under federal and state law and managed litigation in which the Governor was an interested party. Before that he served as Deputy Solicitor General for the State of Texas, where he represented Texas in federal courts across the country, including twice before the United States Supreme Court. Before moving to Texas, Judge Oldham was an attorney at Kellogg Hansen Todd Figel & Frederick in Washington, D.C. His practice focused on appellate litigation in federal courts of appeals throughout the country. Before entering private practice, Judge Oldham served as a law clerk to Justice Samuel A. Alito, Jr., at the Supreme Court of the United States and to Judge David B. Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit. He also worked as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice from 2006 to 2008. Judge Oldham earned a B.A. from the University of Virginia with highest honors, a Truman Scholarship for graduate school, an M. Phil., first class (with distinction), from Cambridge University, and a J.D., magna cum laude, from Harvard Law School.
Former Assistant United States Attorney at United States Attorney's Office
In February 2015, I entered private practice, concentrating on criminal law, forfeiture, and mediation services.
From 1985 until November 2013, I was an assistant United States attorney in the Northern District of Texas. I litigated civil and criminal forfeiture cases involving violations of federal laws on behalf of federal agencies (including the Drug Enforcement Administration, Federal Bureau of Investigation, Department of Homeland Security, Internal Revenue Service Bureau of Alcohol, Tobacco, Firearms, and Explosives, Secret Service, and Fish and Wildlife Service.
From July 2009 until January 2012, however, I served as the Asset Forfeiture/Money Laundering Coordinator on a detail to the Executive Office of United States Attorneys (EOUSA), United States Department of Justice, in Washington, D.C. In this capacity, I provided advice and assistance to EOUSA and 93 United States Attorney’s offices, on legal, logistical, and programmatic issues arising as part of the Department’s Asset Forfeiture/Money Laundering Program. I also served as a liaison between EOUSA and the Attorney General’s Advisory Committee, components of the Department of Justice (e.g., DEA, FBI, ATF) and Department of Treasury (e.g., IRS, SS, DHS) Asset Forfeiture Programs, and other agencies.
In both of these positions, I became familiar with federal forfeiture statutes, regulations, and cases, and agency forfeiture policies and procedures, as well as standard practices of agencies . Each year, I attended conferences on various substantive and procedural subjects related to forfeiture, including the annual Asset Forfeiture Chiefs and Experts Conference sponsored by the Department of Justice’s Asset Forfeiture/Money Laundering Section. Each month, I reviewed a summary of federal forfeiture case decisions prepared by renowned forfeiture expert Stefan Cassella. In addition, I regularly made presentations locally to various federal agencies on forfeiture topics.
Managing Attorney, Institute for Justice
Arif Panju serves as a managing attorney with the Institute for Justice. He leads IJ’s Texas office and litigates cases involving free speech, property rights, economic liberty, and educational choice.
Arif is co-counsel in the case of Carson v. Makin in the U.S. Supreme Court. Carson is a challenge to Maine’s exclusion of religious educational options from the state’s school choice program.
Arif’s work has resulted in court victories in both federal and state court. He vindicated the free speech rights of tour guides in Billups v. City of Charleston. He secured a victory for economic liberty in Brantley v. Kuntz, freeing hairbraiding schools in Texas from onerous restrictions and paving the way for the abolishment of the state’s braiding license at the Texas Legislature. In Patel v. Texas Department of Licensing and Regulation, Arif helped secure a landmark victory in the Texas Supreme Court, establishing a new test for reviewing the constitutionality of economic regulations.
Arif’s work at IJ has been featured by outlets including The Wall Street Journal, New York Times, Washington Post, The Atlantic, Texas Tribune, and dozens more nationwide. His opinions and views on legal issues have been published in several outlets, including the Dallas Morning News, Austin American-Statesman, and USA Today. Arif sits on the board for the Freedom of Information Foundation of Texas.
Arif graduated law school with honors from Southern Methodist University. During law school he clerked on the United States Senate Committee on the Judiciary. Arif lives in Austin, Texas.
Vice President for Legal Affairs, Goldwater Institute
Of Counsel, Gibson, Dunn & Crutcher LLP
Prerak Shah is Of Counsel at Gibson, Dunn & Crutcher LLP. He was most recently the Acting United States Attorney for the Northern District of Texas, leading a team of approximately 120 Assistant U.S. Attorneys handling a wide range of cases, including securities fraud, health care fraud, the False Claims Act, computer crime, national security, tax fraud, money laundering, public corruption, and terrorism. Mr. Shah previously held several leadership positions at the Department of Justice, including Deputy Associate Attorney General in the office overseeing the work of the Antitrust, Civil, Civil Rights, Environment & Natural Resources, and Tax Divisions. Before joining the Justice Department, Mr. Shah served as Chief of Staff to Senator Ted Cruz and as a Chief Counsel on the Senate Judiciary Committee. He graduated from the University of Chicago Law School and clerked for the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.
Judge, U.S. Court of Appeals, Fifth Circuit
Don Willett serves on the United States Court of Appeals for the Fifth Circuit. Before joining the federal bench, he served 13 years on the Supreme Court of Texas. His career spans decades of public service, including roles as legal counsel to a Texas Attorney General, a Texas Governor, a U.S. Attorney General, and the President of the United States. Raised by a heroic, widowed mom in a town of 32 people, Judge Willett is his family’s first college graduate. He earned a triple-major B.B.A. from Baylor University (where he serves on the Board of Regents) and three degrees from Duke University (where he served on the Board of Visitors): a J.D. with honors, an M.A. in political science, and an LL.M. in judicial studies. After law school, he clerked on the Fifth Circuit and practiced at Haynes and Boone before entering public service. Judge Willett writes and speaks widely on law, judging, and civic life. He serves on the Advisory Board of the School of Civic Leadership at the University of Texas at Austin, was the longtime editor-in-chief of Judicature: The Scholarly Journal for Judges, teaches at various law schools, and publishes in leading law journals and the popular press. He has received more than a dozen Green Bag honors for “exemplary legal writing,” was named Distinguished Jurist of the Year by the Texas Review of Law & Politics and is a member of the American Law Institute and a Life Fellow of the American, Texas, and Austin Bar Foundations. A former rodeo bull rider and professional drummer, Judge Willett was named “Tweeter Laureate of Texas” in 2015. He is the namesake of Don R. Willett Elementary School—home of mighty Willett Wranglers—located barely a mile from where the Willett family doublewide once stood. He and his radiant wife, Tiffany have three children—Jacob, Shane-David, and Geneviève—plus the family pup, Amicus.
Director of Policy & General Counsel, Texas Conservative Coalition Research Institute
Russell Withers is Director of Policy & General Counsel at the Texas Conservative Coalition Research Institute. He holds an undergraduate degree in Government and English from the University of Texas at Austin and a J.D. from Tulane University School of Law in New Orleans. Russell helped litigate constitutional claims as a clerk at the Institute for Justice, served as a policy consultant for the Greg Abbott campaign for Governor in 2014, and regularly assists members of the Texas Legislature on questions of public policy. He has testified before several committees in the Texas Legislature and authored numerous opinion editorials on Texas politics and public policy. His works have appeared in the Austin American Statesman, the Houston Chronicle, the Texas Tribune’s Trib Talk, and others. He has served as a moderator for panels at TCCRI Policy Summits covering issues such as health care, energy, and economic freedom. Russell is an active member in the Austin Lawyers Chapter of the Federalist Society and has organized events as well as presented and participated in them.
Former Assistant United States Attorney at United States Attorney's Office
In February 2015, I entered private practice, concentrating on criminal law, forfeiture, and mediation services.
From 1985 until November 2013, I was an assistant United States attorney in the Northern District of Texas. I litigated civil and criminal forfeiture cases involving violations of federal laws on behalf of federal agencies (including the Drug Enforcement Administration, Federal Bureau of Investigation, Department of Homeland Security, Internal Revenue Service Bureau of Alcohol, Tobacco, Firearms, and Explosives, Secret Service, and Fish and Wildlife Service.
From July 2009 until January 2012, however, I served as the Asset Forfeiture/Money Laundering Coordinator on a detail to the Executive Office of United States Attorneys (EOUSA), United States Department of Justice, in Washington, D.C. In this capacity, I provided advice and assistance to EOUSA and 93 United States Attorney’s offices, on legal, logistical, and programmatic issues arising as part of the Department’s Asset Forfeiture/Money Laundering Program. I also served as a liaison between EOUSA and the Attorney General’s Advisory Committee, components of the Department of Justice (e.g., DEA, FBI, ATF) and Department of Treasury (e.g., IRS, SS, DHS) Asset Forfeiture Programs, and other agencies.
In both of these positions, I became familiar with federal forfeiture statutes, regulations, and cases, and agency forfeiture policies and procedures, as well as standard practices of agencies . Each year, I attended conferences on various substantive and procedural subjects related to forfeiture, including the annual Asset Forfeiture Chiefs and Experts Conference sponsored by the Department of Justice’s Asset Forfeiture/Money Laundering Section. Each month, I reviewed a summary of federal forfeiture case decisions prepared by renowned forfeiture expert Stefan Cassella. In addition, I regularly made presentations locally to various federal agencies on forfeiture topics.
Managing Attorney, Institute for Justice
Arif Panju serves as a managing attorney with the Institute for Justice. He leads IJ’s Texas office and litigates cases involving free speech, property rights, economic liberty, and educational choice.
Arif is co-counsel in the case of Carson v. Makin in the U.S. Supreme Court. Carson is a challenge to Maine’s exclusion of religious educational options from the state’s school choice program.
Arif’s work has resulted in court victories in both federal and state court. He vindicated the free speech rights of tour guides in Billups v. City of Charleston. He secured a victory for economic liberty in Brantley v. Kuntz, freeing hairbraiding schools in Texas from onerous restrictions and paving the way for the abolishment of the state’s braiding license at the Texas Legislature. In Patel v. Texas Department of Licensing and Regulation, Arif helped secure a landmark victory in the Texas Supreme Court, establishing a new test for reviewing the constitutionality of economic regulations.
Arif’s work at IJ has been featured by outlets including The Wall Street Journal, New York Times, Washington Post, The Atlantic, Texas Tribune, and dozens more nationwide. His opinions and views on legal issues have been published in several outlets, including the Dallas Morning News, Austin American-Statesman, and USA Today. Arif sits on the board for the Freedom of Information Foundation of Texas.
Arif graduated law school with honors from Southern Methodist University. During law school he clerked on the United States Senate Committee on the Judiciary. Arif lives in Austin, Texas.
Vice President for Legal Affairs, Goldwater Institute
Of Counsel, Gibson, Dunn & Crutcher LLP
Prerak Shah is Of Counsel at Gibson, Dunn & Crutcher LLP. He was most recently the Acting United States Attorney for the Northern District of Texas, leading a team of approximately 120 Assistant U.S. Attorneys handling a wide range of cases, including securities fraud, health care fraud, the False Claims Act, computer crime, national security, tax fraud, money laundering, public corruption, and terrorism. Mr. Shah previously held several leadership positions at the Department of Justice, including Deputy Associate Attorney General in the office overseeing the work of the Antitrust, Civil, Civil Rights, Environment & Natural Resources, and Tax Divisions. Before joining the Justice Department, Mr. Shah served as Chief of Staff to Senator Ted Cruz and as a Chief Counsel on the Senate Judiciary Committee. He graduated from the University of Chicago Law School and clerked for the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.
Judge, U.S. Court of Appeals, Fifth Circuit
Don Willett serves on the United States Court of Appeals for the Fifth Circuit. Before joining the federal bench, he served 13 years on the Supreme Court of Texas. His career spans decades of public service, including roles as legal counsel to a Texas Attorney General, a Texas Governor, a U.S. Attorney General, and the President of the United States. Raised by a heroic, widowed mom in a town of 32 people, Judge Willett is his family’s first college graduate. He earned a triple-major B.B.A. from Baylor University (where he serves on the Board of Regents) and three degrees from Duke University (where he served on the Board of Visitors): a J.D. with honors, an M.A. in political science, and an LL.M. in judicial studies. After law school, he clerked on the Fifth Circuit and practiced at Haynes and Boone before entering public service. Judge Willett writes and speaks widely on law, judging, and civic life. He serves on the Advisory Board of the School of Civic Leadership at the University of Texas at Austin, was the longtime editor-in-chief of Judicature: The Scholarly Journal for Judges, teaches at various law schools, and publishes in leading law journals and the popular press. He has received more than a dozen Green Bag honors for “exemplary legal writing,” was named Distinguished Jurist of the Year by the Texas Review of Law & Politics and is a member of the American Law Institute and a Life Fellow of the American, Texas, and Austin Bar Foundations. A former rodeo bull rider and professional drummer, Judge Willett was named “Tweeter Laureate of Texas” in 2015. He is the namesake of Don R. Willett Elementary School—home of mighty Willett Wranglers—located barely a mile from where the Willett family doublewide once stood. He and his radiant wife, Tiffany have three children—Jacob, Shane-David, and Geneviève—plus the family pup, Amicus.
Director of Policy & General Counsel, Texas Conservative Coalition Research Institute
Russell Withers is Director of Policy & General Counsel at the Texas Conservative Coalition Research Institute. He holds an undergraduate degree in Government and English from the University of Texas at Austin and a J.D. from Tulane University School of Law in New Orleans. Russell helped litigate constitutional claims as a clerk at the Institute for Justice, served as a policy consultant for the Greg Abbott campaign for Governor in 2014, and regularly assists members of the Texas Legislature on questions of public policy. He has testified before several committees in the Texas Legislature and authored numerous opinion editorials on Texas politics and public policy. His works have appeared in the Austin American Statesman, the Houston Chronicle, the Texas Tribune’s Trib Talk, and others. He has served as a moderator for panels at TCCRI Policy Summits covering issues such as health care, energy, and economic freedom. Russell is an active member in the Austin Lawyers Chapter of the Federalist Society and has organized events as well as presented and participated in them.
United States v. Texas, and Executive Power
Cambridge, MAMoot Court: Ivy v. Morath
Nebraska Lawyers Event
La Vista, NebraskaIrrational Basis: The Scrutiny Applicable Only to Gun Law
Fort Worth, TexasThe ABA’s New Speech Code for Lawyers
Dallas, TexasMisunderstanding of Statistics Confounds Analyses of Criminal Justice Issues in Baltimore and Voter ID Issues in Texas and North Carolina
I have written here before, most recently in “Things the President Doesn’t Know About Racial Disparities” (Aug....
State Court Docket Watch News Clips: 9/29/2016
The attorneys general of Texas, Arizona, Oklahoma, and Nevada have filed a lawsuit challenging the...
Topics
Texas Chapters Conference panels rundown
The Texas Chapter of the Federalist Society held its second annual chapter conference on September...
Texas and Regulation
Diane M. Kozub, Arif Panju, Timothy Sandefur, Prerak Shah, Don R. Willett, Russell Withers
The tension between economic liberty and the state’s power to regulate economic activity has long...
Texas and Regulation
Diane M. Kozub, Arif Panju, Timothy Sandefur, Prerak Shah, Don R. Willett, Russell Withers
The tension between economic liberty and the state’s power to regulate economic activity has long...