Mike Jayne is an attorney for the U.S. Department of Education. Previously, he worked for the Mercatus Center at George Mason University.
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 Professor, Northern Illinois University
Evan Bernick joined the NIU Law faculty in 2021. He teaches courses in constitutional law, criminal law, criminal procedure, administrative law and legislation.
From 2020 to 2021, Professor Bernick was a visiting professor at the Georgetown University Law Center and the executive director of the Georgetown Center for the Constitution. Before that, he served as a clerk to Judge Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit. From April 2017 to April 2019, he was a visiting lecturer at Georgetown and a resident fellow of the Center for the Constitution.
His scholarship covers a range of topics, from constitutional law, to philosophy of law, to social movements, to law enforcement. He has published with the Georgetown Law Journal, the Notre Dame Law Review, the William and Mary Law Review and the George Mason Law Review, among other journals. His book, The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021), with Randy E. Barnett, was published by Harvard University Press under its Belknap imprint "for books of long-lasting importance, superior in scholarship and physical production, chosen whether or not they might be profitable."
Professor Bernick received his bachelor's degree in 2008 from the University of Chicago, where he studied philosophy and graduated with honors. He received his juris doctorate in 2011 from the University of Chicago Law School.
Senior Fellow, National Center for Policy Analysis
Senior Fellow at the National Center for Policy Analysis (NCPA) and author of Free To Choose Medicine: Better Drugs Sooner at Lower Cost
Adjunct Fellow, Competitive Enterprise Institute
Gregory Conko is an Adjunct Fellow at the Competitive Enterprise Institute and Vice President of Programs at DonorsTrust. His research at CEI focuses on health care, food and drug regulation, agriculture and agricultural trade, and nutrition and public health. He also has broad expertise in science and environmental policy and in administrative and regulatory law.
Since 2021, Conko has managed the grants and grantee programs at the donor-advised fund sponsor DonorsTrust, but he continues to research and write on policy matters for the Competitive Enterprise Institute. Before joining DonorsTrust, Conko was Deputy Director of the George Mason University Law & Economics Center, a Senior Fellow and later Executive Director of CEI.
Conko is the author or co-author of numerous books, studies, and articles, and Barron’s called his book, The Frankenfood Myth: How Protest and Politics Threaten the Biotech Revolution, co-authored with Henry I. Miller, one of the 25 best books of 2004. His other writings have appeared in such journals as Nature Biotechnology, Transgenic Research, Health Matrix: Journal of Law & Medicine, and the Cumberland Law Review, and in such newspapers as the Financial Times, The Wall Street Journal, Los Angeles Times, and USA Today.
Conko is a member of the Federalist Society’s Regulatory Transparency Project Working Group on FDA & Health, a member of the American Council on Science and Health’s Board of Scientific and Policy Advisors. He received a JD degree magna cum laude from the George Mason University School of Law and a BA in political science and history from American University. He lives in Virginia with his wife and son.
Senior Litigation Counsel, New Civil Liberties Alliance
Throughout his 40-year career in private law practice in Washington, D.C., Richard Samp has specialized in appellate litigation with a focus on constitutional law. He served as Chief Counsel of the Washington Legal Foundation for more than 30 years. He has participated directly in more than 200 cases before the U.S. Supreme Court. Mr. Samp is a graduate of Harvard College and the University of Michigan Law School and clerked for a federal judge in Detroit.
General Counsel and Vice-President of Litigation, Washington Legal Foundation
Cory Andrews is General Counsel and Vice-President of Litigation for the Washington Legal Foundation (WLF). As counsel of record for WLF and other clients, he has authored more than 100 briefs, at petition and merits stages, in the U.S. Supreme Court. He also frequently litigates in state and federal appellate courts. Before joining WLF, Cory practiced trial and appellate law for White & Case LLP, where he litigated in state and federal courts on behalf of clients in the telecommunications, hospitality, and banking industries. He received his J.D. magna cum laude from the University of Florida, where he was Editor-in-Chief of the Florida Law Review and elected to the Order of the Coif. Upon graduation, Cory served as a law clerk to the Honorable Steven D. Merryday of the U.S. District Court for the Middle District of Florida.
Topics
Safe-Injection Sites and the Importance of Text over Intent
In a corker of a brief filed on May 15, 2020 in the U.S. Court...
As Far As Reasonably Practicable: Reimagining the Role of Congress in Agency Rulemaking
Mike Jayne
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Constitutionality of Proposed Federal Liability Limitations for COVID-19 Exposure Claims
By Michael A. Carvin & Yaakov M. Roth Over the past weeks, the COVID-19 pandemic...
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...
Book Review: The Right to Try
Evan D. Bernick
Note from the Editor: This book review discusses the controversial concept of the constitutional “right...
Free To Choose Medicine
Bartley J. Madden, Gregory Conko
Note from the Editor: This article is about the Free To Choose Medicine concept....
Restraining Park Doctrine Prosecutions Against Corporate Officials Under the FDCA
Richard A. Samp, Cory L. Andrews
Note from the Editor: This paper analyzes the FDA’s “Park Doctrine” for prosecutions against corporate...