Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime
Marc A. Levin is the Chief Policy Counsel for the Council on Criminal Justice (counciloncj.org) and Senior Advisor for Right on Crime.
An attorney and accomplished author on legal and public policy issues, Marc began the Foundation’s criminal justice program in 2005. This work contributed to nationally praised policy changes that have been followed by dramatic declines in crime and incarceration in Texas. Building on this success, in 2010, Levin developed the concept for the Right on Crime initiative, a TPPF project in partnership with Prison Fellowship and the American Conservative Union Foundation. Right on Crime has become the national clearinghouse for conservative criminal justice reforms and has contributed to the adoption of policies in dozens of states that fight crime, support victims, and protect taxpayers.
In 2014, Levin was named one of the “Politico 50” in the magazine’s annual “list of thinkers, doers, and dreamers who really matter in this age of gridlock and dysfunction.”
Marc has testified on criminal justice policy on four occasions before Congress and has testified before legislatures in states including Texas, Nevada, Kansas, Wisconsin, and California. He also has met personally with leaders such as U.S. Presidents, Speakers of the House, and the Justice Commtitee of the United Kingdom Parliament to share his ideas on criminal justice reform. In 2007, he was honored in a resolution unanimously passed by the Texas House of Representatives that stated, “Mr. Levin’s intellect is unparalleled and his research is impeccable.”
Since 2005, Marc has published dozens of policy papers on topics such as sentencing, probation, parole, reentry, and overcriminalization which are available on the TPPF website. Levin’s articles on law and public policy have been featured in publications such as the Wall Street Journal, USA Today, Texas Review of Law & Politics, National Law Journal, New York Daily News, Jerusalem Post, Toronto Star, Atlanta Journal-Constitution, Philadelphia Inquirer, San Francisco Chronicle, Washington Times, Los Angeles Daily Journal, Charlotte Observer, Dallas Morning News, Houston Chronicle, Austin American-Statesman, San Antonio Express-News and Reason Magazine.
In 1999, Marc graduated with honors from the University of Texas with a B.A. in Plan II Honors and Government. In 2002, Marc received his J.D. with honors from the University of Texas School of Law. Marc was a Charles G. Koch Summer Fellow in 1996. He served as a law clerk to Judge Will Garwood on the U.S. Court of Appeals for the Fifth Circuit and Staff Attorney at the Texas Supreme Court.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Founder & President, Due Process Institute
Shana founded the Due Process Institute because, after years of first-hand defense work and criminal legal reform advocacy, she became convinced that the Constitution needed and deserved its own lobbying firm--particularly in the area of procedural due process rights.
With 20 years of project management, lobbying, legal defense, and teaching experience, Shana's goal is to achieve meaningful solutions to as many of these problems, in the shortest amount of time possible, for the betterment of as many people as possible, as well as to prevent any of it from getting worse on her watch.
Chancellor’s Professor of Law, UC Irvine School of Law
Professor Simons is a leading scholar of tort law, criminal law, and law and philosophy and Co-director of the Center for Legal Philosophy. He has served since 2014 as Chief Reporter for the American Law Institute’s Restatement Third of Torts: Intentional Torts to Persons. In January 2019, he was the recipient of the 2019 William L. Prosser Award by the Association of American Law Schools Section on Torts and Compensation Systems, which recognizes “outstanding contributions of law teachers in scholarship, teaching and service” related to tort law and compensation systems.
Professor Simons has published influential scholarship concerning consent, assumption of risk and contributory negligence; the nature and role of mental states in criminal, tort and constitutional law; and negligence as a moral and legal concept. He has also explored such topics as bias crimes, corrective justice, the logic of egalitarian norms, mistake and impossibility in criminal law, and strict criminal liability.
Before joining UC Irvine School of Law, Prof. Simons was Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar in Law at Boston University School of Law. He was a law clerk to U.S. Supreme Court Justice Thurgood Marshall and to Judge James L. Oakes, U.S. Court of Appeals for the Second Circuit. Prof. Simons also worked as an associate at Goodwin, Procter & Hoar in Boston, in the field of civil litigation. He received his J.D. from Michigan Law School, magna cum laude, and graduated from Yale University, summa cum laude, with a B.A. in philosophy.
Chief Counsel, Senator Ted Cruz
Mike Berry serves as Chief Counsel for United States Senator Ted Cruz. As Chief Counsel for Senator Cruz, Mike provides advice and counsel to the Senator with special emphasis on the Senate’s advice and consent role pertaining to judicial nominations.
Prior to working on the Hill, Mike spent many years in public interest litigation with various non-profits. Mike served for seven years as an attorney with the U.S. Marine Corps, leaving active duty in 2013. Among his numerous positions within the Marine Corps, Mike deployed to Afghanistan in 2008 and he served as an Adjunct Professor of Law at the United States Naval Academy. Mr. Berry continues to proudly serve our nation as a member of the Marine Corps Reserve.
Mr. Berry earned his bachelor’s degree from Texas A&M University, and he earned his law degree from The Ohio State University.
Hugh S. and Winifred B. Cumming Memorial Professor of International Affairs, University of Virginia
Dale Copeland is Professor of international relations, with a focus on IR theory (security studies and international political economy). His research interests include the origins of economic interdependence between great powers; the logic of reputation-building; bargaining and coercion theory; the interconnection between trade, finance, and militarized behavior; and the impact of the rise and decline of economic and military power on state behavior. His most recent book is Economic Interdependence and War (Princeton UP, 2015), which was the winner of the International Studies Association Best Book Award for 2017. The book was the subject of two recent symposia, the first in the International Security Studies Forumin Spring 2016 (with Benjamin Fordham, Richard Maass, and Patrick Shea), and the second in Qualitative and Mixed Methods Research, Fall 2018 (with Timothy McKeown, Sherry Zaks, and Erik Gartzke). Prof. Copeland is also the author of The Origins of Major War(Cornell UP, 2000) as well as numerous articles in journals such as International Security,Security Studies, and the Review of International Studies. He is currently completing a book for Princeton University Press on commerce and American foreign policy from the founding of the republic to the present era, and is developing a new book project on the conditions under which states can use coercion and bargaining to achieve their ends without war. He has been the recipient of numerous awards, including MacArther and Mellon Fellowships and a post-doctoral fellowship at the Belfer Center for Science and International Affairs at Harvard University.
Senior Fellow & Director of Military Analysis, Defense Priorities
Jennifer Kavanagh is a senior fellow & director of military analysis at Defense Priorities.
A political scientist by training, Kavanagh has spent her career studying U.S. national security and defense policy. Kavanagh’s research focuses on U.S. military strategy, force structure and defense budgeting, the defense industrial base, and U.S. military deployments and interventions.
Previously, Kavanagh was a senior fellow in the American Statecraft Program at the Carnegie Endowment for International Peace. She also worked as a senior political scientist at the RAND Corporation, where she led projects for defense and national security clients. She served for three years as director of RAND’s Army Strategy program. Her work has been published in Foreign Affairs, The New York Times, Foreign Policy, Journal of Conflict Resolution, The Washington Quarterly, Lawfare, Los Angeles Times, and War on the Rocks, among other outlets.
Kavanagh received an AB in Government from Harvard University and a PhD in Political Science and Public Policy from the University of Michigan. She is also a term member of the Council on Foreign Relations and an adjunct professor in the Security Studies Program at Georgetown University.
Maurice A. Deane Distinguished Professor of Constitutional Law and Faculty Director of International Programs, Hofstra University School of Law
Professor Ku’s primary research interest is the relationship of international law to constitutional law. He has also conducted academic research on a wide range of topics including international dispute resolution, international criminal law, and China’s relationship with international law. He teaches courses such as U.S. constitutional law, U.S. foreign affairs law, transnational law, and international trade and business law. Since 2014, he has served as the faculty director of international programs, overseeing Hofstra Law’s study abroad, exchange and LL.M. programs. Professor Ku also teaches Constitutional Law in our online degree programs: Master of Laws in American Law and Master of Arts in American Legal Studies. He has also been selected as the John DeWitt Gregory Research Scholar and as a Hofstra Law Research Fellow. He is a member of the American Law Institute.
He is the co-author, with John Yoo, of Taming Globalization: International Law, the U.S. Constitution, and the New World Order (Oxford University Press 2012). He also has published more than 40 law review articles, book chapters and symposia essays. He has given dozens of academic lectures and workshops at major universities and conferences in the United States, Europe and Asia.
He co-founded the leading international law weblog Opinio Juris, which is read daily by thousands worldwide. His essays and op-eds have been published in major news publications such as the Wall Street Journal, the Los Angeles Times, and the NYTimes.com. He has been frequently interviewed for television news programs and quoted in print and electronic media. He has also signed or submitted amicus briefs to national and international courts and served as an expert witness in both domestic and international proceedings.
Before joining the Hofstra Law faculty, Professor Ku served as a law clerk to the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and as an Olin Fellow and Lecturer in Law at the University of Virginia Law School. Professor Ku also practiced as an associate at the New York City law firm of Debevoise & Plimpton, specializing in litigation and arbitration arising out of international disputes. He has been a visiting professor at the College of William & Mary Marshall- Wythe School of Law in Williamsburg, Virginia; a Fulbright Distinguished Lecturer in Law at East China University of Political Science and Law in Shanghai, China; and a Taiwan Fellow at National Taiwan University in Taipei, Taiwan. He is a member of the New York Bar and a graduate of Yale College and Yale Law School.
Senior Research Fellow, China and National Security Policy, Asian Studies Center
Aformer deputy national security advisor to the Vice President, The Honorable Steve Yates returns to Heritage after two decades as an analyst and practitioner of politics, policy, media, and national security affairs.
As Senior Research Fellow for China and National Security in the Heritage’s Asian Studies Center, Yates leads the effort to define, amplify, and execute a comprehensive strategy to contain the malign influences of the Chinese Communist Party, strengthen and rebalance alliances, and put American families, jobs, and sovereignty first.
Yates comes to Heritage from the America First Policy Institute, where he launched the China Policy Initiative. He previously served as President of Radio Free Asia and Professor in the Practice of International Business and Politics at Boise State University. Before opening D.C. International Advisory in 2006, Yates served in the White House as Deputy Assistant to Vice President Dick Cheney for National Security Affairs from 2001 through 2005. Yates served as chairman of the Idaho Republican Party from August 2014 to April 2017 and as co-chair of the 2016 Republican Platform Subcommittee on National Security.
From 1996-2001, Yates was a senior policy analyst at Heritage and received the prestigious W. Glenn and Rita Ricardo Campbell Award. The honor goes to the staff member determined to have made “an outstanding contribution to the analysis and promotion of the free society.”
He received a master’s degree in China Studies from the Johns Hopkins University Paul H. Nitze School of Advanced International Studies.
In October 2023, Steve lost his beloved daughter Christina to fentanyl poisoning. To honor her memory, he and his family are tireless advocates for upholding the hundreds of thousands of families affected by this scourge. They dedicate their lives to stopping and holding accountable those responsible for bringing it into our country, communities, and homes.
Partner, K&L Gates
Varu Chilakamarri is a partner in the K&L Gates Environment, Land, and Natural Resources practice group. Her practice focuses on litigation services, particularly in appellate matters and in administrative, environmental, and energy law. Varu also counsels clients on government-facing matters, which often involve strategic analysis of legal risks and opportunities presented by statutory and regulatory frameworks.
Varu joined K&L Gates after a 17-year career at the US Department of Justice, where she was a successful federal district and appellate court litigator and held various senior leadership roles. Most recently, she served as Deputy Assistant Attorney General in the DOJ's Civil Division. In this role, Varu was the head of the Torts Branch, an office of over 230 litigators and staff who defend the United States in a wide range of suits for monetary damages—including toxic tort cases arising out of environmental regulatory actions, constitutional tort cases, and cases brought under unique statutory compensation programs.
Before that, Varu was an appellate attorney in the Environment and Natural Resources Division, serving as lead counsel in complex civil and criminal appeals. These included facial challenges to the constitutionality of federal laws and regulations, and challenges to the validity of federal permitting and land use decisions (e.g., cases involving the National Environmental Policy Act, the Endangered Species Act, and the Clean Water Act). She also litigated enforcement cases, including those involving violations of substantive environmental laws, recordkeeping requirements, and various Title 18 provisions. She argued cases before the US Court of Appeals for the Third, Fifth, Ninth, Tenth, D.C., and the Federal Circuit, and she has practiced in several other federal appellate and district courts. Varu was previously appointed as the Division's first counselor for animal welfare matters and served as Chief of Staff to the Assistant Attorney General in DOJ's Environment and Natural Resources Division. Varu's work at the DOJ often centered on novel legal challenges arising from a broad suite of federal statutes, including two preemption lawsuits that went to the US Supreme Court.
Varu joined the DOJ in 2006 through the Attorney General's honors program as a trial attorney in the Civil Division's Federal Programs Branch, and during her tenure, also worked in the office of the Associate Attorney General as Acting Deputy and served on detail to the White House Counsel's Office. Before joining the DOJ, Varu clerked for Judge R. Guy Cole in the US Court of Appeals for the Sixth Circuit and Judge Timothy B. Dyk in the US Court of Appeals for the Federal Circuit.
Executive Counsel - Issues and Advocacy, Exxon Mobil Corporation Law Department
Robert Levy serves as Executive Counsel at ExxonMobil, where he leads the company’s legal strategy on advocacy and civil justice reform. His work includes representing ExxonMobil in state and national organizations dedicated to improving the legal system and the rule of law, coordinating amicus support on key policy and litigation matters, and advising on data privacy and information governance. He previously oversaw the company’s eDiscovery compliance and cybersecurity law initiatives.
Robert currently chairs the Board of the American Tort Reform Association and previously served as President of the Civil Justice Reform Group. He is Treasurer of Lawyers for Civil Justice (LCJ), chairs its Discovery Committee, and serves on its Amicus Committee. He is also actively involved with the U.S. Chamber of Commerce’s Institute for Legal Reform and Litigation Center and sits on the Executive Committee of the Texas Civil Justice League. Additionally, he is an active member of the Federalist Society and its In-House Counsel Network.
A long-standing member of the Texas Supreme Court Advisory Committee, Robert has served for over 14 years and currently chairs one of its subcommittees. He also sits on the Advisory Councils of the Atlantic Legal Foundation, the Center for Law & Public Policy, and the Mountain States Legal Foundation. In recognition of his leadership, LCJ awarded him with the Al Cortese Award for his contributions to civil justice reform. Texans for Lawsuit Reform and the Texas Civil Justice League have honored Robert for his years of service to TCJL and Texas civil justice reform.
He has also been deeply engaged in community and bar activities, serving for over a decade on the board of Houston Volunteer Lawyers and on the board of the Houston Jewish Federation. He is a former Chair of the Board of Robert M. Beren Academy, where he was honored with the Dena and Baruch Brody Award for his leadership and service. Additionally, he served as President of United Orthodox Synagogues, reflecting his longstanding commitment to faith-based and civic leadership.
Robert is a frequent speaker at legal conferences and continuing legal education (CLE) programs. Early in his career, he served as a briefing attorney for the Honorable Judge Robert Parker of the U.S. District Court for the Eastern District of Texas. He has practiced law for over 39 years and earned his J.D. with honors from the University of Texas School of Law in 1986.
Before joining ExxonMobil, Robert was a partner at Haynes and Boone, LLP for over 14 years, where he practiced in the Business Litigation Section. He also held positions at Johnson & Gibbs and Weil, Gotshal & Manges.
Robert and his wife Barbara reside in Houston, Texas, where they raised four children and now enjoy their role as proud grandparents to three grandchildren.
Senior Fellow for Law, Economics, and Technology, The Heritage Foundation; Professor, Florida International University
Mario Loyola is a Senior Fellow for Law, Economics, and Technology at The Heritage Foundation.
Loyola served in the Trump Administration as Associate Director for Regulatory Reform at the White House Council on Environmental Quality. In that role, he was one of the principal drafters of the One Federal Decision policy, which helped to streamline the permitting and environmental review of large infrastructure projects. While at CEQ, he was a member of the U.S. delegation to the USMCA free trade negotiations with Mexico and Canada, as well as the United Nations conference on biodiversity on the high seas. Loyola initially joined the White House in February 2017 as a Presidential Speechwriter, employing his expertise in many areas of foreign and domestic policy.
After beginning his career in M&A and corporate finance law, Loyola served in the Bush 43 Administration as a special assistant to the Undersecretary of Defense for Policy. He left that position to start writing on national defense issues in magazines such as National Review and The Weekly Standard, reporting from the front lines of the war on terrorism in Lebanon, Israel, and Iraq. He finished the Bush Administration as Foreign and Defense Counsel to the U.S. Senate Republican Policy Committee, then under the chairmanship of Senator Kay Bailey Hutchison of Texas. He subsequently moved to Texas and joined the Texas Public Policy Foundation, where he specialized in energy, environment, and federalism.
Loyola is a frequent contributor to The Wall Street Journal, National Review, and The Atlantic, among others. He teaches environmental and administrative law at Florida International University, where he is Founding Director of the Environmental Finance and Risk Management program in FIU’s prestigious Institute of Environment. He received a bachelor’s degree in European history from the University of Wisconsin–Madison and a J.D. from Washington University School of Law.
Partner, Vinson & Elkins
Corinne principally practices in environmental law, with an emphasis on litigation, regulatory compliance, internal investigations, and defense against government investigations and enforcement actions.
Corinne draws on wide experience at the U.S. Department of Justice, including serving as Senior Counsel in the Office of the Associate Attorney General, which oversees all civil litigation on behalf of the United States, and as Counselor in the Office of the Attorney General.
Corinne most recently served as Counsel and Chief of Staff in the Environment and Natural Resources Division of the U.S. Department of Justice, where she assisted in managing a 600-person division that included 400 lawyers. In this role she helped manage the Division’s civil and criminal litigation arising under more than 150 environmental and natural resources laws.
She also worked closely with the General Counsel’s Offices for multiple federal agencies, including the EPA, Departments of Interior, Defense, Energy, Commerce, and Agriculture, as well as the White House and Counsel on Environmental Quality to advise high-ranking officials on policy and litigation risks associated with the environmental and natural resource laws.
She has personally argued cases in three U.S. Courts of Appeals, and multiple district courts, and served as the lead or co-lead counsel in district court litigation defending agency regulations, approvals, and permits related to oil and gas operations and other energy extraction projects.
Her roles in government have given her a unique perspective into the decision-making processes in the federal government.
In the private sector, Corinne counsels clients on environmental compliance across a variety of industries, including energy, chemical, manufacturing, and mining sectors. In the transactional context, she assists in the drafting and negotiating of the environmental terms in purchase and sale agreements, lease agreements, credit agreements, and disclosures for debt and equity offerings and public filings. She has also drafted comments on behalf of clients to agencies on proposed rules with significant implications for the oil and gas industry.
Counsel, Boyden Gray PLLC
Jim Wedeking is counsel at Boyden Gray PLLC. He has extensive experience with environmental regulations, providing compliance counseling for large industrial and agricultural companies and their related trade associations, drafting comments on proposed environmental rulemakings from a variety of federal agencies, and challenging those rules in court. For over 20 years he has helped companies obtain various permits and other authorizations for constructing major infrastructure projects, including fossil fuel-fired power plants, natural gas pipelines, and offshore wind turbines, as well as defend those permits and authorizations through litigation. Mr. Wedeking frequently writes on federal environmental law topics, including for the Washington Legal Foundation.
He has also counseled clients on several Freedom of Information Act matters, including the protection of confidential business information from disclosure to third parties and how the Supreme Court’s Food Marketing Institute v. Argus Leader Media decision increased protections for company information provided to regulatory agencies.
Before joining the firm, Mr. Wedeking was counsel in Sidley Austin’s Washington, D.C. environmental, health, and safety practice group. There, he represented industrial companies in defending against civil and criminal enforcement actions and toxic tort suits.
Mr. Wedeking received a J.D., cum laude, from the Catholic University of America Columbus School of Law and a B.A. in Criminology and Criminal Justice from the University of Maryland.
Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime
Marc A. Levin is the Chief Policy Counsel for the Council on Criminal Justice (counciloncj.org) and Senior Advisor for Right on Crime.
An attorney and accomplished author on legal and public policy issues, Marc began the Foundation’s criminal justice program in 2005. This work contributed to nationally praised policy changes that have been followed by dramatic declines in crime and incarceration in Texas. Building on this success, in 2010, Levin developed the concept for the Right on Crime initiative, a TPPF project in partnership with Prison Fellowship and the American Conservative Union Foundation. Right on Crime has become the national clearinghouse for conservative criminal justice reforms and has contributed to the adoption of policies in dozens of states that fight crime, support victims, and protect taxpayers.
In 2014, Levin was named one of the “Politico 50” in the magazine’s annual “list of thinkers, doers, and dreamers who really matter in this age of gridlock and dysfunction.”
Marc has testified on criminal justice policy on four occasions before Congress and has testified before legislatures in states including Texas, Nevada, Kansas, Wisconsin, and California. He also has met personally with leaders such as U.S. Presidents, Speakers of the House, and the Justice Commtitee of the United Kingdom Parliament to share his ideas on criminal justice reform. In 2007, he was honored in a resolution unanimously passed by the Texas House of Representatives that stated, “Mr. Levin’s intellect is unparalleled and his research is impeccable.”
Since 2005, Marc has published dozens of policy papers on topics such as sentencing, probation, parole, reentry, and overcriminalization which are available on the TPPF website. Levin’s articles on law and public policy have been featured in publications such as the Wall Street Journal, USA Today, Texas Review of Law & Politics, National Law Journal, New York Daily News, Jerusalem Post, Toronto Star, Atlanta Journal-Constitution, Philadelphia Inquirer, San Francisco Chronicle, Washington Times, Los Angeles Daily Journal, Charlotte Observer, Dallas Morning News, Houston Chronicle, Austin American-Statesman, San Antonio Express-News and Reason Magazine.
In 1999, Marc graduated with honors from the University of Texas with a B.A. in Plan II Honors and Government. In 2002, Marc received his J.D. with honors from the University of Texas School of Law. Marc was a Charles G. Koch Summer Fellow in 1996. He served as a law clerk to Judge Will Garwood on the U.S. Court of Appeals for the Fifth Circuit and Staff Attorney at the Texas Supreme Court.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Founder & President, Due Process Institute
Shana founded the Due Process Institute because, after years of first-hand defense work and criminal legal reform advocacy, she became convinced that the Constitution needed and deserved its own lobbying firm--particularly in the area of procedural due process rights.
With 20 years of project management, lobbying, legal defense, and teaching experience, Shana's goal is to achieve meaningful solutions to as many of these problems, in the shortest amount of time possible, for the betterment of as many people as possible, as well as to prevent any of it from getting worse on her watch.
Chancellor’s Professor of Law, UC Irvine School of Law
Professor Simons is a leading scholar of tort law, criminal law, and law and philosophy and Co-director of the Center for Legal Philosophy. He has served since 2014 as Chief Reporter for the American Law Institute’s Restatement Third of Torts: Intentional Torts to Persons. In January 2019, he was the recipient of the 2019 William L. Prosser Award by the Association of American Law Schools Section on Torts and Compensation Systems, which recognizes “outstanding contributions of law teachers in scholarship, teaching and service” related to tort law and compensation systems.
Professor Simons has published influential scholarship concerning consent, assumption of risk and contributory negligence; the nature and role of mental states in criminal, tort and constitutional law; and negligence as a moral and legal concept. He has also explored such topics as bias crimes, corrective justice, the logic of egalitarian norms, mistake and impossibility in criminal law, and strict criminal liability.
Before joining UC Irvine School of Law, Prof. Simons was Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar in Law at Boston University School of Law. He was a law clerk to U.S. Supreme Court Justice Thurgood Marshall and to Judge James L. Oakes, U.S. Court of Appeals for the Second Circuit. Prof. Simons also worked as an associate at Goodwin, Procter & Hoar in Boston, in the field of civil litigation. He received his J.D. from Michigan Law School, magna cum laude, and graduated from Yale University, summa cum laude, with a B.A. in philosophy.
Chief Counsel, Senator Ted Cruz
Mike Berry serves as Chief Counsel for United States Senator Ted Cruz. As Chief Counsel for Senator Cruz, Mike provides advice and counsel to the Senator with special emphasis on the Senate’s advice and consent role pertaining to judicial nominations.
Prior to working on the Hill, Mike spent many years in public interest litigation with various non-profits. Mike served for seven years as an attorney with the U.S. Marine Corps, leaving active duty in 2013. Among his numerous positions within the Marine Corps, Mike deployed to Afghanistan in 2008 and he served as an Adjunct Professor of Law at the United States Naval Academy. Mr. Berry continues to proudly serve our nation as a member of the Marine Corps Reserve.
Mr. Berry earned his bachelor’s degree from Texas A&M University, and he earned his law degree from The Ohio State University.
Hugh S. and Winifred B. Cumming Memorial Professor of International Affairs, University of Virginia
Dale Copeland is Professor of international relations, with a focus on IR theory (security studies and international political economy). His research interests include the origins of economic interdependence between great powers; the logic of reputation-building; bargaining and coercion theory; the interconnection between trade, finance, and militarized behavior; and the impact of the rise and decline of economic and military power on state behavior. His most recent book is Economic Interdependence and War (Princeton UP, 2015), which was the winner of the International Studies Association Best Book Award for 2017. The book was the subject of two recent symposia, the first in the International Security Studies Forumin Spring 2016 (with Benjamin Fordham, Richard Maass, and Patrick Shea), and the second in Qualitative and Mixed Methods Research, Fall 2018 (with Timothy McKeown, Sherry Zaks, and Erik Gartzke). Prof. Copeland is also the author of The Origins of Major War(Cornell UP, 2000) as well as numerous articles in journals such as International Security,Security Studies, and the Review of International Studies. He is currently completing a book for Princeton University Press on commerce and American foreign policy from the founding of the republic to the present era, and is developing a new book project on the conditions under which states can use coercion and bargaining to achieve their ends without war. He has been the recipient of numerous awards, including MacArther and Mellon Fellowships and a post-doctoral fellowship at the Belfer Center for Science and International Affairs at Harvard University.
Senior Fellow & Director of Military Analysis, Defense Priorities
Jennifer Kavanagh is a senior fellow & director of military analysis at Defense Priorities.
A political scientist by training, Kavanagh has spent her career studying U.S. national security and defense policy. Kavanagh’s research focuses on U.S. military strategy, force structure and defense budgeting, the defense industrial base, and U.S. military deployments and interventions.
Previously, Kavanagh was a senior fellow in the American Statecraft Program at the Carnegie Endowment for International Peace. She also worked as a senior political scientist at the RAND Corporation, where she led projects for defense and national security clients. She served for three years as director of RAND’s Army Strategy program. Her work has been published in Foreign Affairs, The New York Times, Foreign Policy, Journal of Conflict Resolution, The Washington Quarterly, Lawfare, Los Angeles Times, and War on the Rocks, among other outlets.
Kavanagh received an AB in Government from Harvard University and a PhD in Political Science and Public Policy from the University of Michigan. She is also a term member of the Council on Foreign Relations and an adjunct professor in the Security Studies Program at Georgetown University.
Maurice A. Deane Distinguished Professor of Constitutional Law and Faculty Director of International Programs, Hofstra University School of Law
Professor Ku’s primary research interest is the relationship of international law to constitutional law. He has also conducted academic research on a wide range of topics including international dispute resolution, international criminal law, and China’s relationship with international law. He teaches courses such as U.S. constitutional law, U.S. foreign affairs law, transnational law, and international trade and business law. Since 2014, he has served as the faculty director of international programs, overseeing Hofstra Law’s study abroad, exchange and LL.M. programs. Professor Ku also teaches Constitutional Law in our online degree programs: Master of Laws in American Law and Master of Arts in American Legal Studies. He has also been selected as the John DeWitt Gregory Research Scholar and as a Hofstra Law Research Fellow. He is a member of the American Law Institute.
He is the co-author, with John Yoo, of Taming Globalization: International Law, the U.S. Constitution, and the New World Order (Oxford University Press 2012). He also has published more than 40 law review articles, book chapters and symposia essays. He has given dozens of academic lectures and workshops at major universities and conferences in the United States, Europe and Asia.
He co-founded the leading international law weblog Opinio Juris, which is read daily by thousands worldwide. His essays and op-eds have been published in major news publications such as the Wall Street Journal, the Los Angeles Times, and the NYTimes.com. He has been frequently interviewed for television news programs and quoted in print and electronic media. He has also signed or submitted amicus briefs to national and international courts and served as an expert witness in both domestic and international proceedings.
Before joining the Hofstra Law faculty, Professor Ku served as a law clerk to the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and as an Olin Fellow and Lecturer in Law at the University of Virginia Law School. Professor Ku also practiced as an associate at the New York City law firm of Debevoise & Plimpton, specializing in litigation and arbitration arising out of international disputes. He has been a visiting professor at the College of William & Mary Marshall- Wythe School of Law in Williamsburg, Virginia; a Fulbright Distinguished Lecturer in Law at East China University of Political Science and Law in Shanghai, China; and a Taiwan Fellow at National Taiwan University in Taipei, Taiwan. He is a member of the New York Bar and a graduate of Yale College and Yale Law School.
Senior Research Fellow, China and National Security Policy, Asian Studies Center
Aformer deputy national security advisor to the Vice President, The Honorable Steve Yates returns to Heritage after two decades as an analyst and practitioner of politics, policy, media, and national security affairs.
As Senior Research Fellow for China and National Security in the Heritage’s Asian Studies Center, Yates leads the effort to define, amplify, and execute a comprehensive strategy to contain the malign influences of the Chinese Communist Party, strengthen and rebalance alliances, and put American families, jobs, and sovereignty first.
Yates comes to Heritage from the America First Policy Institute, where he launched the China Policy Initiative. He previously served as President of Radio Free Asia and Professor in the Practice of International Business and Politics at Boise State University. Before opening D.C. International Advisory in 2006, Yates served in the White House as Deputy Assistant to Vice President Dick Cheney for National Security Affairs from 2001 through 2005. Yates served as chairman of the Idaho Republican Party from August 2014 to April 2017 and as co-chair of the 2016 Republican Platform Subcommittee on National Security.
From 1996-2001, Yates was a senior policy analyst at Heritage and received the prestigious W. Glenn and Rita Ricardo Campbell Award. The honor goes to the staff member determined to have made “an outstanding contribution to the analysis and promotion of the free society.”
He received a master’s degree in China Studies from the Johns Hopkins University Paul H. Nitze School of Advanced International Studies.
In October 2023, Steve lost his beloved daughter Christina to fentanyl poisoning. To honor her memory, he and his family are tireless advocates for upholding the hundreds of thousands of families affected by this scourge. They dedicate their lives to stopping and holding accountable those responsible for bringing it into our country, communities, and homes.
Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
Zack is a Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Discussing Attempts to Address Federal Overcriminalization
Marc Levin, John G. Malcolm, Shana O’Toole, Kenneth W. Simons
A recent executive order entitled “Fighting Overcriminalization in Federal Regulations” and two congressional proposals: the...
Discussing Attempts to Address Federal Overcriminalization
Crime, Cities, and the Guard: The Legal and Policy Dimensions of Domestic Troop Deployment
In recent years, policymakers have used the National Guard to respond to spikes in urban...
Crime, Cities, and the Guard: The Legal and Policy Dimensions of Domestic Troop Deployment
Criminal Law & Procedure Practice Group
Washington, DCPanel II: Taiwan and the Rule of Law: U.S. Legal Commitments in a Time of Crisis
Michael D. Berry, Dale Copeland, Jennifer Kavanagh, Julian Ku, Steve Yates
Featuring: Prof. Dale Copeland, Hugh S. and Winifred B. Cumming Memorial Professor of International Affairs,...
Panel II: Taiwan and the Rule of Law: U.S. Legal Commitments in a Time of Crisis
2025 AI and National Security Symposium
Washington, DC2025 National Security and AI Symposium
Washington, DCCrime, Consequences, and California's Experience Not Processing Certain Offenses
Fresno Lawyers Chapter
Fresno, CAExecutive Orders: Faithful Execution or Legislating From The Oval Office
Fresno Lawyers Chapter
Fresno, CAEnergy Emergency: Executive Power and the Future of U.S. Energy
Varu Chilakamarri, Robert L. Levy, Mario Loyola, Corinne Virginia Snow, Jim Wedeking
Energy Emergency: Executive Power and the Future of U.S. Energy Wednesday, May 21 2025 at...