Associate Justice, Supreme Court of Ohio
Justice Pat DeWine began his six-year term on the Supreme Court of Ohio on Jan. 2, 2017, following his statewide election in November 2016. An excellent writer, Justice DeWine is known for the quality and thoroughness of his legal opinions. His opinions reflect his strong belief in judicial restraint and his respect for the constitutional roles of the other coequal branches of government.
Justice DeWine has served at all levels of the Ohio judiciary. Prior to his election to the Supreme Court, Justice DeWine served for four years on the First District Court of Appeals, and prior to that, for four years on the Hamilton County Common Pleas Court.
Justice DeWine has a strong commitment to furthering the rule of law through education. He is an adjunct professorat the University of Cincinnati College of Law where he teaches Appellate Practice and Procedure. In addition, he has taught undergraduate courses at the University of Cincinnati in Ohio Government & Politics and American Courts.
Justice DeWine has strong academic credentials. He graduated from the University of Michigan Law School in the top ten percent of his class with Order of the Coif honors. As an undergraduate student at Miami University, he maintained a perfect 4.0 grade point average and received summa cum laude honors. He was also a member of the Varsity Track and Cross Country teams.
After law school, he was selected for a clerkship on United States Court of Appeals for the Sixth Circuit. He served under the Honorable David A. Nelson, who had been appointed to the Sixth Circuit by President Ronald Reagan.
Justice DeWine understands the litigant’s perspective, having practiced law for 13 years with one of Cincinnati’s top law firms, Keating, Muething & Klekamp. He represented clients in appellate matters in Ohio and in federal courts across the country. He handled a diverse range of litigation matters, including mass tort bankruptcies, securities fraud litigation, and constitutional issues.
Other Public Service
Justice DeWine brings a unique perspective to the bench because of his public service as a County Commissioner and a member of Cincinnati City Council.
As a member of the Hamilton County Board of Commissioners, he focused on reforming County government, lowering the tax burden, eliminating unnecessary bureaucracy and promoting public safety. He led the citizens referendum that ultimately repealed the nearly $1 billion sales tax increase that was enacted by his colleagues on the Commission. The Reason Foundation named him an “Innovator in Action,” along with such leaders as Rudy Giuliani and Jeb Bush, for his efforts to reform County government.
On Cincinnati City Council, he was known as a taxpayer watchdog, successfully rooting out wasteful spending and abuse in city government. He helped eliminate unnecessary regulations, led the effort to crack down on quality of life issues affecting city neighborhoods and created a development fund that leveraged private capital to spur new housing development downtown and across city neighborhoods. He also led the Issue Four charter change that created a more accountable city government by allowing the city to hire the most qualified individuals for key positions in city government.
He was a founder of the Build Cincinnati reform group that successfully passed a charter amendment to allow Cincinnati voters to directly elect the Mayor.athon.
Sheila M. McDevitt Professor of Law and Faculty Director of the Election Law Center, Florida State University College of Law
Professor Morley joined FSU Law in 2018, and teaches and writes in the areas of election law, constitutional law, remedies, and the federal courts. He is best known for his work on election emergencies and post-election litigation, nationwide and other defendant-oriented injunctions, the jurisdiction of the federal courts and their equitable powers more generally. He has testified before congressional committees, made presentations to election officials for the U.S. Election Assistance Commission and participated in bipartisan blue-ribbon groups to develop election reforms. The governor of Florida also appointed Professor Morley to the Criminal Punishment Code Task Force, to propose potential revisions to the legislature.
The U.S. Supreme Court has cited several of his articles, and he was counsel of record for the successful Petitioner in a landmark campaign finance case. Professor Morley has appeared on C-SPAN, Court TV, Fox News and numerous local news programs, and has been quoted in the Washington Post, Los Angeles Times, Roll Call, Politico, U.S. News and World Report, and a wide range of other national publications. His work has been published in many of the nation’s top law reviews, including the Georgetown Law Journal, Northwestern University Law Review, Boston University Law Review and Emory Law Journal.
Before joining FSU Law, Professor Morley was a Climenko Fellow and Lecturer in Law at Harvard Law School. Prior to his experience in academia, he served in government as special assistant to the General Counsel of the Army at the Pentagon, as well as a law clerk for Judge Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. During his tenure with the Army General Counsel’s office, he was awarded the Meritorious Civilian Service Award and the Army Staff Lapel Pin. He also worked as an associate at Williams & Connolly LLP and the Supreme Court & Appellate group of Winston & Strawn, LLP, both in Washington, D.C.
Professor Morley earned his J.D. from Yale Law School in 2003, where he was a senior editor on the Yale Law Journal; served on the moot court board; and received the Thurman Arnold Prize for Best Oralist in the Morris Tyler Moot Court of Appeals.
Sudler Family Professor of Constitutional Law, New York University School of Law
Richard H. Pildes is one of the nation’s leading scholars of constitutional law and a specialist in legal issues affecting democracy. He is a Member of the American Academy of Arts and Sciences and the American Law Institute, and has received recognition as a Guggenheim Fellow and a Carnegie Scholar. His acclaimed casebook, The Law of Democracy: Legal Structure of the Political Process (now in its fourth edition), helped create an entirely new field of study in the law schools. The Law of Democracy systematically explores legal and policy issues concerning the structure of democratic elections and institutions, such as the role of money in politics, the design of election districts, the regulation of political parties, the design of voting systems, the representation of minority interests in democratic institutions, and similar issues. He has written extensively on the rise of political polarization in the United States, the Voting Rights Act, the dysfunction of America’s political processes, the role of the Supreme Court in overseeing American democracy, the powers of the American President and Congress, and he has criticized excessively “romantic” understandings of democracy. In addition to his scholarship on these issues, he has written on national-security law, the design of the regulatory state, and American constitutional history and theory.
Respect for his expertise in these areas is reflected in frequent citations of his work in U.S. Supreme Court opinions, the translation of his work into many languages, and his frequent public lectures and appearances around the world, including his nomination with the NBC News Team for an Emmy Award for coverage of the 2000 Presidential election litigation.
His work has been translated and published in Chinese, French, Spanish, and Portuguese. In addition to his scholarship, Professor Pildes plays an active role litigating in these areas. He has won two cases before the United States Supreme Court, including a 2015 victory in Alabama Democratic Conference v. Alabama, a case involving race and redistricting. He served as counsel to a group of former chairmen of the Securities and Exchange Commission in litigation defending the constitutionality of the Sarbanes-Oxley Act; as counsel in election litigation to the Puerto Rico Electoral Commission; as counsel to the government of Puerto Rico; as a federal court-appointed independent expert on voting rights litigation; and as counsel in successful Supreme Court litigation that challenged the way the United States Tax Court operated. He was also a senior legal advisor to the 2008 and 2012 campaigns of President Obama.
Pildes received his A.B. in physical chemistry summa cum laude from Princeton, and his J.D. magna cum laude from Harvard, where he served as Supreme Court Note Editor on the Harvard Law Review. He clerked for Judge Abner J. Mikva of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Thurgood Marshall of the U.S. Supreme Court. After practicing law in Boston, he began his academic career at the University of Michigan Law School, before joining the NYU School of Law in 2001.
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
Senior Fellow, Democracy, Conflict, and Governance Program, Carnegie Endowment for International Peace
Dr. Rachel Kleinfeld is a senior fellow at the Carnegie Endowment for International Peace, where she focuses on issues of rule of law, security, and governance in post-conflict countries, fragile states, and states in transition.
As the founding CEO of the Truman National Security Project, she spent nearly a decade leading a movement of national security, political, and military leaders working to promote people and policies that strengthen security, stability, rights, and human dignity in America and around the world. In 2011, former secretary of state Hillary Clinton appointed Kleinfeld to the Foreign Affairs Policy Board, which advises the secretary of state quarterly, a role she served through 2014.
Kleinfeld has consulted on rule of law reform for the World Bank, the European Union, the OECD, the Open Society Institute, and other institutions, and has briefed multiple government agencies in the United States and abroad. She is the author of Advancing the Rule of Law Abroad: Next Generation Reform (Carnegie, 2012), which was chosen by Foreign Affairs magazine as one of the best foreign policy books of 2012. Her writings have appeared in Relocating the Rule of Law (Hart, 2009), Promoting Democracy and the Rule of Law: American and European Strategies (Palgrave, 2009), The Future of Human Rights (Philadelphia UP, 2008), Promoting the Rule of Law: The Problem of Knowledge (Carnegie Endowment, 2006), With All Our Might (Rowen and Littlefield, 2006) and other publications. She has also co-authored Let There Be Light: Electrifying the Developing World with Markets and Distributed Generation (Truman Institute, 2012).
Named one of the top 40 Under 40 Political Leaders in America by Time magazine in 2010, Kleinfeld has been featured in the New York Times, the Wall Street Journal, Fox News, and other national television, radio, and print media. You can find out more about her work and activities on her website, rachelkleinfeld.com.
Associate Justice, Supreme Court of Ohio
Justice Pat DeWine began his six-year term on the Supreme Court of Ohio on Jan. 2, 2017, following his statewide election in November 2016. An excellent writer, Justice DeWine is known for the quality and thoroughness of his legal opinions. His opinions reflect his strong belief in judicial restraint and his respect for the constitutional roles of the other coequal branches of government.
Justice DeWine has served at all levels of the Ohio judiciary. Prior to his election to the Supreme Court, Justice DeWine served for four years on the First District Court of Appeals, and prior to that, for four years on the Hamilton County Common Pleas Court.
Justice DeWine has a strong commitment to furthering the rule of law through education. He is an adjunct professorat the University of Cincinnati College of Law where he teaches Appellate Practice and Procedure. In addition, he has taught undergraduate courses at the University of Cincinnati in Ohio Government & Politics and American Courts.
Justice DeWine has strong academic credentials. He graduated from the University of Michigan Law School in the top ten percent of his class with Order of the Coif honors. As an undergraduate student at Miami University, he maintained a perfect 4.0 grade point average and received summa cum laude honors. He was also a member of the Varsity Track and Cross Country teams.
After law school, he was selected for a clerkship on United States Court of Appeals for the Sixth Circuit. He served under the Honorable David A. Nelson, who had been appointed to the Sixth Circuit by President Ronald Reagan.
Justice DeWine understands the litigant’s perspective, having practiced law for 13 years with one of Cincinnati’s top law firms, Keating, Muething & Klekamp. He represented clients in appellate matters in Ohio and in federal courts across the country. He handled a diverse range of litigation matters, including mass tort bankruptcies, securities fraud litigation, and constitutional issues.
Other Public Service
Justice DeWine brings a unique perspective to the bench because of his public service as a County Commissioner and a member of Cincinnati City Council.
As a member of the Hamilton County Board of Commissioners, he focused on reforming County government, lowering the tax burden, eliminating unnecessary bureaucracy and promoting public safety. He led the citizens referendum that ultimately repealed the nearly $1 billion sales tax increase that was enacted by his colleagues on the Commission. The Reason Foundation named him an “Innovator in Action,” along with such leaders as Rudy Giuliani and Jeb Bush, for his efforts to reform County government.
On Cincinnati City Council, he was known as a taxpayer watchdog, successfully rooting out wasteful spending and abuse in city government. He helped eliminate unnecessary regulations, led the effort to crack down on quality of life issues affecting city neighborhoods and created a development fund that leveraged private capital to spur new housing development downtown and across city neighborhoods. He also led the Issue Four charter change that created a more accountable city government by allowing the city to hire the most qualified individuals for key positions in city government.
He was a founder of the Build Cincinnati reform group that successfully passed a charter amendment to allow Cincinnati voters to directly elect the Mayor.athon.
Senior Fellow, Democracy, Conflict, and Governance Program, Carnegie Endowment for International Peace
Dr. Rachel Kleinfeld is a senior fellow at the Carnegie Endowment for International Peace, where she focuses on issues of rule of law, security, and governance in post-conflict countries, fragile states, and states in transition.
As the founding CEO of the Truman National Security Project, she spent nearly a decade leading a movement of national security, political, and military leaders working to promote people and policies that strengthen security, stability, rights, and human dignity in America and around the world. In 2011, former secretary of state Hillary Clinton appointed Kleinfeld to the Foreign Affairs Policy Board, which advises the secretary of state quarterly, a role she served through 2014.
Kleinfeld has consulted on rule of law reform for the World Bank, the European Union, the OECD, the Open Society Institute, and other institutions, and has briefed multiple government agencies in the United States and abroad. She is the author of Advancing the Rule of Law Abroad: Next Generation Reform (Carnegie, 2012), which was chosen by Foreign Affairs magazine as one of the best foreign policy books of 2012. Her writings have appeared in Relocating the Rule of Law (Hart, 2009), Promoting Democracy and the Rule of Law: American and European Strategies (Palgrave, 2009), The Future of Human Rights (Philadelphia UP, 2008), Promoting the Rule of Law: The Problem of Knowledge (Carnegie Endowment, 2006), With All Our Might (Rowen and Littlefield, 2006) and other publications. She has also co-authored Let There Be Light: Electrifying the Developing World with Markets and Distributed Generation (Truman Institute, 2012).
Named one of the top 40 Under 40 Political Leaders in America by Time magazine in 2010, Kleinfeld has been featured in the New York Times, the Wall Street Journal, Fox News, and other national television, radio, and print media. You can find out more about her work and activities on her website, rachelkleinfeld.com.
Sheila M. McDevitt Professor of Law and Faculty Director of the Election Law Center, Florida State University College of Law
Professor Morley joined FSU Law in 2018, and teaches and writes in the areas of election law, constitutional law, remedies, and the federal courts. He is best known for his work on election emergencies and post-election litigation, nationwide and other defendant-oriented injunctions, the jurisdiction of the federal courts and their equitable powers more generally. He has testified before congressional committees, made presentations to election officials for the U.S. Election Assistance Commission and participated in bipartisan blue-ribbon groups to develop election reforms. The governor of Florida also appointed Professor Morley to the Criminal Punishment Code Task Force, to propose potential revisions to the legislature.
The U.S. Supreme Court has cited several of his articles, and he was counsel of record for the successful Petitioner in a landmark campaign finance case. Professor Morley has appeared on C-SPAN, Court TV, Fox News and numerous local news programs, and has been quoted in the Washington Post, Los Angeles Times, Roll Call, Politico, U.S. News and World Report, and a wide range of other national publications. His work has been published in many of the nation’s top law reviews, including the Georgetown Law Journal, Northwestern University Law Review, Boston University Law Review and Emory Law Journal.
Before joining FSU Law, Professor Morley was a Climenko Fellow and Lecturer in Law at Harvard Law School. Prior to his experience in academia, he served in government as special assistant to the General Counsel of the Army at the Pentagon, as well as a law clerk for Judge Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. During his tenure with the Army General Counsel’s office, he was awarded the Meritorious Civilian Service Award and the Army Staff Lapel Pin. He also worked as an associate at Williams & Connolly LLP and the Supreme Court & Appellate group of Winston & Strawn, LLP, both in Washington, D.C.
Professor Morley earned his J.D. from Yale Law School in 2003, where he was a senior editor on the Yale Law Journal; served on the moot court board; and received the Thurman Arnold Prize for Best Oralist in the Morris Tyler Moot Court of Appeals.
Sudler Family Professor of Constitutional Law, New York University School of Law
Richard H. Pildes is one of the nation’s leading scholars of constitutional law and a specialist in legal issues affecting democracy. He is a Member of the American Academy of Arts and Sciences and the American Law Institute, and has received recognition as a Guggenheim Fellow and a Carnegie Scholar. His acclaimed casebook, The Law of Democracy: Legal Structure of the Political Process (now in its fourth edition), helped create an entirely new field of study in the law schools. The Law of Democracy systematically explores legal and policy issues concerning the structure of democratic elections and institutions, such as the role of money in politics, the design of election districts, the regulation of political parties, the design of voting systems, the representation of minority interests in democratic institutions, and similar issues. He has written extensively on the rise of political polarization in the United States, the Voting Rights Act, the dysfunction of America’s political processes, the role of the Supreme Court in overseeing American democracy, the powers of the American President and Congress, and he has criticized excessively “romantic” understandings of democracy. In addition to his scholarship on these issues, he has written on national-security law, the design of the regulatory state, and American constitutional history and theory.
Respect for his expertise in these areas is reflected in frequent citations of his work in U.S. Supreme Court opinions, the translation of his work into many languages, and his frequent public lectures and appearances around the world, including his nomination with the NBC News Team for an Emmy Award for coverage of the 2000 Presidential election litigation.
His work has been translated and published in Chinese, French, Spanish, and Portuguese. In addition to his scholarship, Professor Pildes plays an active role litigating in these areas. He has won two cases before the United States Supreme Court, including a 2015 victory in Alabama Democratic Conference v. Alabama, a case involving race and redistricting. He served as counsel to a group of former chairmen of the Securities and Exchange Commission in litigation defending the constitutionality of the Sarbanes-Oxley Act; as counsel in election litigation to the Puerto Rico Electoral Commission; as counsel to the government of Puerto Rico; as a federal court-appointed independent expert on voting rights litigation; and as counsel in successful Supreme Court litigation that challenged the way the United States Tax Court operated. He was also a senior legal advisor to the 2008 and 2012 campaigns of President Obama.
Pildes received his A.B. in physical chemistry summa cum laude from Princeton, and his J.D. magna cum laude from Harvard, where he served as Supreme Court Note Editor on the Harvard Law Review. He clerked for Judge Abner J. Mikva of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Thurgood Marshall of the U.S. Supreme Court. After practicing law in Boston, he began his academic career at the University of Michigan Law School, before joining the NYU School of Law in 2001.
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
Senior Fellow, Independent Institute
Dr. Stephen P. Halbrook is a Senior Fellow at the Independent Institute. He has taught legal and political philosophy at George Mason University, Howard University, and Tuskegee Institute, and he received his J.D. from the Georgetown University Law Center and Ph.D. in social philosophy from Florida State University.
The winner of three cases before the U.S. Supreme Court (Printz v. United States, United States v. Thompson/Center Arms Company, and Castillo v. United States), he has testified before the Subcommittee on the Constitution of the Senate Judiciary Committee, Senate Subcommittee on the Constitution, Subcommittee on Crime of the House Judiciary Committee, Senate Governmental Affairs Committee, and House Committee on the District of Columbia.
A contributor to numerous scholarly volumes, he is the author of the books, Gun Control in Nazi-Occupied France: Tyranny and Resistance; Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State”; The Founders’ Second Amendment: Origins of the Right to Bear Arms; That Every Man Be Armed: Evolution of a Constitutional Right; A Right to Bear Arms; Firearms Law Deskbook: Federal and State Criminal Practice; Securing Civil Rights: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms; State and Federal Bills of Rights and Constitutional Guarantees; and Target Switzerland: Swiss Armed Neutrality in World War II. Dr. Halbrook’s scholarly articles have appeared in such journals as the Arizona Journal of International and Comparative Law, Drug Law Report, George Mason University Law Review, Journal of Air Law and Commerce, Journal of Law and Policy, Law & Contemporary Problems, National Law Journal, Northern Kentucky Law Review, St. John’s Journal of Legal Commentary; Seton Hall Constitutional Law Journal, Tennessee Law Review, University of Dayton Law Review, Valparaiso University Law Review, Vermont Law Review, and William & Mary Bill of Rights Journal.
Dr. Halbrook's popular articles have appeared in such publications as the Wall Street Journal, Newsday, San Francisco Chronicle, National Review, Investor’s Business Daily, Kansas City Star, Washington Examiner, Shreveport Times, Sacramento Bee, Providence Journal, Tampa Tribune, Pittsburgh Tribune-Review, History News Network, San Antonio Express-News, The Daily Caller, Detroit News, Honolulu Star Advertiser, Birmingham News, Environmental Forum, USA Today, and Washington Times. He has also appeared on numerous national TV/radio programs on CNN, Fox News Channel, Fox Business Network, Court TV, NewsMax TV, CBN, Voice of America, and C-SPAN.
Senior Attorney, Pacific Legal Foundation
Brian Hodges is a Senior Attorney at PLF’s Pacific Northwest office in Bellevue, Washington. Brian focuses his practice on defending of the right of individuals to make reasonable use of their property, free of unnecessary and oppressive regulations.
In 2013, Brian second-chaired Koontz v. St. Johns River Water Management District before the U.S. Supreme Court, a case that placed constitutional limits on the government’s common practice of demanding that landowners fund unrelated public projects in exchange for a permit approval. And in the 2008 case, Citizens’ Alliance for Property Rights v. Sims, Brian successfully challenged a Seattle-area ordinance that required all rural property owners to dedicate at least half their land as conservation areas as a mandatory condition of any new development without any showing that rural development would impact the environment.
Brian graduated from Seattle University of Law in 2001 with honors. After which, he served as a judicial clerk at the Washington State Court of Appeals, then entered private practice where he focused on appellate advocacy for several years before joining PLF in 2006.
Brian came to the liberty movement by an uncommon route: the arts. Brian played guitar and keyboards in several Seattle-area bands before eventually studying music composition and literature at the University of Washington—earning two Bachelor’s Degrees and a Master of Arts. Through that experience, he came to firmly believe that the goal of art—indeed, the goal of any creative ambition—is to maximize individual freedom and expression, tempered by personal responsibility and ownership, rather than outside oversight or arbitrary restriction. Carrying that philosophy into law school naturally led him to fight for individual rights.
Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
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.
Associate Professor of Law, Center for Intellectual Property and Entrepreneurship, University of Missouri School of Law
Professor Lietzan researches, writes, and teaches primarily in the areas of food and drug regulation, intellectual property, and administrative law. Some of her recent scholarship has focused on the nature and purpose of the new drug approval system, federal regulation of fecal microbiota transplantation, federal regulation of products derived from cannabis, the political economy of the Hatch-Waxman (generic drug) statute, and incentives to study already approved drugs for new uses. She is an award-winning teacher, and she has been an elected member of the American Law Institute since 2006.
Professor Lietzan brings to her scholarship and teaching eighteen years of private practice experience, eight of them as a partner in the food and drug group at Covington & Burling in Washington, DC. In practice, she handled a wide range of complex legal problems and broader legislative and regulatory policy questions affecting FDA-regulated companies. This work included lifecycle management and strategy issues, regulatory strategy and advocacy, white collar defense, congressional investigations, briefing in products liability cases, and international regulatory policy work. She was involved in every major amendment to the Federal Food, Drug, and Cosmetic Act (FDCA) between 1997 and 2014 and was deeply immersed for more than a decade in the development of the Biologics Price Competition and Innovation Act of 2010. She has been consistently identified by her peers in private practice as a “Best Lawyer in America” in the categories of FDA law (since 2013) and Biotechnology Law (since 2007).
Professor Lietzan has held one leadership position or another at the Food and Drug Law Institute (FDLI) since 2004, including a stint on its Board of Directors from 2008 to 2012. She also held leadership positions in the American Bar Association’s Section of Science and Technology Law for fourteen years.
Professor Lietzan received a bachelor’s degree from the University of North Carolina, where she graduated with honors in history. She holds a master’s degree in history from UCLA and a law degree with high honors from Duke Law School.
Associate Justice, Supreme Court of Ohio
Justice Pat DeWine began his six-year term on the Supreme Court of Ohio on Jan. 2, 2017, following his statewide election in November 2016. An excellent writer, Justice DeWine is known for the quality and thoroughness of his legal opinions. His opinions reflect his strong belief in judicial restraint and his respect for the constitutional roles of the other coequal branches of government.
Justice DeWine has served at all levels of the Ohio judiciary. Prior to his election to the Supreme Court, Justice DeWine served for four years on the First District Court of Appeals, and prior to that, for four years on the Hamilton County Common Pleas Court.
Justice DeWine has a strong commitment to furthering the rule of law through education. He is an adjunct professorat the University of Cincinnati College of Law where he teaches Appellate Practice and Procedure. In addition, he has taught undergraduate courses at the University of Cincinnati in Ohio Government & Politics and American Courts.
Justice DeWine has strong academic credentials. He graduated from the University of Michigan Law School in the top ten percent of his class with Order of the Coif honors. As an undergraduate student at Miami University, he maintained a perfect 4.0 grade point average and received summa cum laude honors. He was also a member of the Varsity Track and Cross Country teams.
After law school, he was selected for a clerkship on United States Court of Appeals for the Sixth Circuit. He served under the Honorable David A. Nelson, who had been appointed to the Sixth Circuit by President Ronald Reagan.
Justice DeWine understands the litigant’s perspective, having practiced law for 13 years with one of Cincinnati’s top law firms, Keating, Muething & Klekamp. He represented clients in appellate matters in Ohio and in federal courts across the country. He handled a diverse range of litigation matters, including mass tort bankruptcies, securities fraud litigation, and constitutional issues.
Other Public Service
Justice DeWine brings a unique perspective to the bench because of his public service as a County Commissioner and a member of Cincinnati City Council.
As a member of the Hamilton County Board of Commissioners, he focused on reforming County government, lowering the tax burden, eliminating unnecessary bureaucracy and promoting public safety. He led the citizens referendum that ultimately repealed the nearly $1 billion sales tax increase that was enacted by his colleagues on the Commission. The Reason Foundation named him an “Innovator in Action,” along with such leaders as Rudy Giuliani and Jeb Bush, for his efforts to reform County government.
On Cincinnati City Council, he was known as a taxpayer watchdog, successfully rooting out wasteful spending and abuse in city government. He helped eliminate unnecessary regulations, led the effort to crack down on quality of life issues affecting city neighborhoods and created a development fund that leveraged private capital to spur new housing development downtown and across city neighborhoods. He also led the Issue Four charter change that created a more accountable city government by allowing the city to hire the most qualified individuals for key positions in city government.
He was a founder of the Build Cincinnati reform group that successfully passed a charter amendment to allow Cincinnati voters to directly elect the Mayor.athon.
Senior Fellow, Democracy, Conflict, and Governance Program, Carnegie Endowment for International Peace
Dr. Rachel Kleinfeld is a senior fellow at the Carnegie Endowment for International Peace, where she focuses on issues of rule of law, security, and governance in post-conflict countries, fragile states, and states in transition.
As the founding CEO of the Truman National Security Project, she spent nearly a decade leading a movement of national security, political, and military leaders working to promote people and policies that strengthen security, stability, rights, and human dignity in America and around the world. In 2011, former secretary of state Hillary Clinton appointed Kleinfeld to the Foreign Affairs Policy Board, which advises the secretary of state quarterly, a role she served through 2014.
Kleinfeld has consulted on rule of law reform for the World Bank, the European Union, the OECD, the Open Society Institute, and other institutions, and has briefed multiple government agencies in the United States and abroad. She is the author of Advancing the Rule of Law Abroad: Next Generation Reform (Carnegie, 2012), which was chosen by Foreign Affairs magazine as one of the best foreign policy books of 2012. Her writings have appeared in Relocating the Rule of Law (Hart, 2009), Promoting Democracy and the Rule of Law: American and European Strategies (Palgrave, 2009), The Future of Human Rights (Philadelphia UP, 2008), Promoting the Rule of Law: The Problem of Knowledge (Carnegie Endowment, 2006), With All Our Might (Rowen and Littlefield, 2006) and other publications. She has also co-authored Let There Be Light: Electrifying the Developing World with Markets and Distributed Generation (Truman Institute, 2012).
Named one of the top 40 Under 40 Political Leaders in America by Time magazine in 2010, Kleinfeld has been featured in the New York Times, the Wall Street Journal, Fox News, and other national television, radio, and print media. You can find out more about her work and activities on her website, rachelkleinfeld.com.
Sheila M. McDevitt Professor of Law and Faculty Director of the Election Law Center, Florida State University College of Law
Professor Morley joined FSU Law in 2018, and teaches and writes in the areas of election law, constitutional law, remedies, and the federal courts. He is best known for his work on election emergencies and post-election litigation, nationwide and other defendant-oriented injunctions, the jurisdiction of the federal courts and their equitable powers more generally. He has testified before congressional committees, made presentations to election officials for the U.S. Election Assistance Commission and participated in bipartisan blue-ribbon groups to develop election reforms. The governor of Florida also appointed Professor Morley to the Criminal Punishment Code Task Force, to propose potential revisions to the legislature.
The U.S. Supreme Court has cited several of his articles, and he was counsel of record for the successful Petitioner in a landmark campaign finance case. Professor Morley has appeared on C-SPAN, Court TV, Fox News and numerous local news programs, and has been quoted in the Washington Post, Los Angeles Times, Roll Call, Politico, U.S. News and World Report, and a wide range of other national publications. His work has been published in many of the nation’s top law reviews, including the Georgetown Law Journal, Northwestern University Law Review, Boston University Law Review and Emory Law Journal.
Before joining FSU Law, Professor Morley was a Climenko Fellow and Lecturer in Law at Harvard Law School. Prior to his experience in academia, he served in government as special assistant to the General Counsel of the Army at the Pentagon, as well as a law clerk for Judge Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. During his tenure with the Army General Counsel’s office, he was awarded the Meritorious Civilian Service Award and the Army Staff Lapel Pin. He also worked as an associate at Williams & Connolly LLP and the Supreme Court & Appellate group of Winston & Strawn, LLP, both in Washington, D.C.
Professor Morley earned his J.D. from Yale Law School in 2003, where he was a senior editor on the Yale Law Journal; served on the moot court board; and received the Thurman Arnold Prize for Best Oralist in the Morris Tyler Moot Court of Appeals.
Sudler Family Professor of Constitutional Law, New York University School of Law
Richard H. Pildes is one of the nation’s leading scholars of constitutional law and a specialist in legal issues affecting democracy. He is a Member of the American Academy of Arts and Sciences and the American Law Institute, and has received recognition as a Guggenheim Fellow and a Carnegie Scholar. His acclaimed casebook, The Law of Democracy: Legal Structure of the Political Process (now in its fourth edition), helped create an entirely new field of study in the law schools. The Law of Democracy systematically explores legal and policy issues concerning the structure of democratic elections and institutions, such as the role of money in politics, the design of election districts, the regulation of political parties, the design of voting systems, the representation of minority interests in democratic institutions, and similar issues. He has written extensively on the rise of political polarization in the United States, the Voting Rights Act, the dysfunction of America’s political processes, the role of the Supreme Court in overseeing American democracy, the powers of the American President and Congress, and he has criticized excessively “romantic” understandings of democracy. In addition to his scholarship on these issues, he has written on national-security law, the design of the regulatory state, and American constitutional history and theory.
Respect for his expertise in these areas is reflected in frequent citations of his work in U.S. Supreme Court opinions, the translation of his work into many languages, and his frequent public lectures and appearances around the world, including his nomination with the NBC News Team for an Emmy Award for coverage of the 2000 Presidential election litigation.
His work has been translated and published in Chinese, French, Spanish, and Portuguese. In addition to his scholarship, Professor Pildes plays an active role litigating in these areas. He has won two cases before the United States Supreme Court, including a 2015 victory in Alabama Democratic Conference v. Alabama, a case involving race and redistricting. He served as counsel to a group of former chairmen of the Securities and Exchange Commission in litigation defending the constitutionality of the Sarbanes-Oxley Act; as counsel in election litigation to the Puerto Rico Electoral Commission; as counsel to the government of Puerto Rico; as a federal court-appointed independent expert on voting rights litigation; and as counsel in successful Supreme Court litigation that challenged the way the United States Tax Court operated. He was also a senior legal advisor to the 2008 and 2012 campaigns of President Obama.
Pildes received his A.B. in physical chemistry summa cum laude from Princeton, and his J.D. magna cum laude from Harvard, where he served as Supreme Court Note Editor on the Harvard Law Review. He clerked for Judge Abner J. Mikva of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Thurgood Marshall of the U.S. Supreme Court. After practicing law in Boston, he began his academic career at the University of Michigan Law School, before joining the NYU School of Law in 2001.
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
Senior Attorney, Pacific Legal Foundation
Brian Hodges is a Senior Attorney at PLF’s Pacific Northwest office in Bellevue, Washington. Brian focuses his practice on defending of the right of individuals to make reasonable use of their property, free of unnecessary and oppressive regulations.
In 2013, Brian second-chaired Koontz v. St. Johns River Water Management District before the U.S. Supreme Court, a case that placed constitutional limits on the government’s common practice of demanding that landowners fund unrelated public projects in exchange for a permit approval. And in the 2008 case, Citizens’ Alliance for Property Rights v. Sims, Brian successfully challenged a Seattle-area ordinance that required all rural property owners to dedicate at least half their land as conservation areas as a mandatory condition of any new development without any showing that rural development would impact the environment.
Brian graduated from Seattle University of Law in 2001 with honors. After which, he served as a judicial clerk at the Washington State Court of Appeals, then entered private practice where he focused on appellate advocacy for several years before joining PLF in 2006.
Brian came to the liberty movement by an uncommon route: the arts. Brian played guitar and keyboards in several Seattle-area bands before eventually studying music composition and literature at the University of Washington—earning two Bachelor’s Degrees and a Master of Arts. Through that experience, he came to firmly believe that the goal of art—indeed, the goal of any creative ambition—is to maximize individual freedom and expression, tempered by personal responsibility and ownership, rather than outside oversight or arbitrary restriction. Carrying that philosophy into law school naturally led him to fight for individual rights.
COVID-19 and the 2020 Elections
Pat DeWine, Michael T. Morley, Richard H. Pildes, Bradley A. Smith, Rachel Kleinfeld
The second day of the Federalist Society's COVID-19 & the Law Conference commenced with a...
COVID-19 and the 2020 Elections
Pat DeWine, Rachel Kleinfeld, Michael T. Morley, Richard H. Pildes, Bradley A. Smith
The second day of the Federalist Society's COVID-19 & the Law Conference commenced with a...
COVID-19 and the 2020 Elections
COVID-19 & the Law Conference
To Bear Arms for Self-Defense: A “Right of the People” or a Privilege of the Few? Part 2
Stephen P. Halbrook
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Litigation Update: Yim v. City of Seattle
Brian T. Hodges
On June 11, 2019, the Washington State Supreme Court heard back-to-back arguments in a pair...
Litigation Update: Yim v. City of Seattle
TeleforumThe Supreme Court in Crisis: A Good Read, But No Crisis
Donald A. Daugherty
A review of: American Justice 2017: The Supreme Court in Crisis, by Kimberly Robinson (University...
The Problem with the Proliferation of Collateral Consequences
John G. Malcolm
Note from the Editor: This article discusses collateral consequences of criminal convictions and argues that...
Topics
Fourth Circuit misinterprets Supreme Court 2nd Amendment precedent
In Kolbe v. Hogan, the Fourth Circuit, sitting en banc, became the first Federal Circuit...
A Second Look at the CREATES Act: What’s Not Being Said
Erika Lietzan
Note from the Editor: This article critically discusses the CREATES Act, which is currently pending...