Partner, Cooper & Kirk PLLC
BRIAN W. BARNES has litigated high-stakes cases at all levels of the federal court system and has also argued numerous cases in state trial and appellate courts. He was the principal author of the briefs for the petitioners in Collins v Mnuchin, a multi-billion-dollar administrative law case challenging the nationalization of Fannie Mae and Freddie Mac, which is currently pending in the United States Supreme Court. In related litigation, Mr. Barnes deposed several of the current and former senior executives for Fannie Mae and Freddie Mac, including both companies’ former CEOs. Mr. Barnes also played a central role representing shareholders in disputes over the scope of the government’s discovery obligations in the Fannie Mae/Freddie Mac litigation, successfully persuading the Court of Federal Claims to order the government to show plaintiffs’ counsel most of the documents the government attempted to withhold under the deliberative process and bank examination privileges.
Mr. Barnes also has extensive experience representing plaintiffs in suits filed under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). He briefed and argued St. Luke’s Health Network v. Lancaster General Hospital, 967 F.3d 295 (3d Cir. 2020), in which the Third Circuit reversed dismissal of RICO claims filed as part of a putative class action against a hospital that allegedly defrauded a Pennsylvania program that subsidizes care for indigent patients. Mr. Barnes also helped pioneer the use of RICO to sue state-legalized marijuana businesses: he filed the first such case, successfully argued the case on appeal after it was dismissed, and later helped try the case to a jury on remand. See Safe Streets Alliance v. Hickenlooper, 859 F.3d 865 (10th Cir. 2017).
Mr. Barnes has also worked on a wide range of other matters. He has briefed and argued cases concerning state preemption of local gun regulations in the trial and intermediate appellate courts of Illinois and Pennsylvania. In litigation over the Department of Education’s Title IX regulations, Mr. Barnes represents intervenors who are defending the regulations. And he has an active practice advising institutional investors on the probable outcomes of market-moving litigation in both state and federal courts.
Mr. Barnes clerked for Justice Samuel Alito during the Supreme Court’s 2012 Term and was previously a law clerk to Judge Thomas Griffith of the D.C. Circuit. He is a graduate of Yale Law School, where he was an Articles Editor for the Yale Law Journal and a member of the Yale Supreme Court Clinic. Mr. Barnes received his B.A. from Yale College and is a member of the Colorado and District of Columbia bars.
Author and tech entrepreneur
Antonio García Martínez has been an advisor to Twitter, a product manager for Facebook, the CEO/founder of AdGrok (a venture-backed startup acquired by Twitter), and a strategist for Goldman Sachs. He is still officially on leave from his Berkeley PhD program, and lives on a forty-foot sailboat on the San Francisco Bay.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Founder & CEO, Rumble.com
Chris Pavlovski is the founder and CEO of Rumble, a full-service video platform and a website connecting creators to publishers and advertisers, and helping them better monetize their work through a variety of distribution and licensing models.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
Research Fellow, CATO Institute
Jay Schweikert is a research fellow with the Cato Institute’s Project on Criminal Justice. His research and advocacy focuses on accountability for prosecutors and law enforcement, plea bargaining, Sixth Amendment trial rights, and the provision and structuring of indigent defense.
Before joining Cato, Schweikert spent four years doing civil and criminal litigation at Williams & Connolly LLP. He holds a JD from Harvard Law School, where he was an articles editor for the Harvard Law Review, and chaired the Harvard Federalist Society’s student colloquium program. Following law school, Schweikert clerked for Judge Diane Sykes of the U.S. Court of Appeals for the Seventh Circuit and Judge Laurence Silberman of the U.S. Court of Appeals for the DC Circuit.
He holds a BA in political science and economics from Yale University.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
Historian and Author
Garrett Peck is an author, historian and tour guide in the nation's capital. He leads tours through The Smithsonian Associates, and his Temperance Tour of Prohibition-related sites has been featured on C-SPAN Book TV and the History Channel program "Ten Things You Didn't Know About" with punk rock legend Henry Rollins. He was featured on a two-hour documentary about Prohibition by the Smithsonian Channel. His seventh book, The Great War in America: World War I and Its Aftermath, was published in 2018.
Peck was involved with the DC Craft Bartenders Guild in lobbying the DC City Council to have the Rickey declared Washington's native cocktail in 2011. He researched and pinpointed the Washington Brewery site at Navy Yard, and is particularly proud that Green Hat Gin is named after a character Peck wrote about in Prohibition in Washington, D.C.: congressional bootlegger George Cassiday. He has lectured at the Library of Congress, the National Archives, and the Smithsonian Institution, and often speaks at historical societies, literary clubs and trade associations.
Peck is on the board of the Woodrow Wilson House and is a member of the Association of the Oldest Inhabitants of D.C. A native Californian and graduate of the Virginia Military Institute and George Washington University and U.S. Army veteran, he lives in Arlington, Virginia.
Panel III: Speech-Policing the Virtual Town Square
A National Symposium on Law and Technology
Stanford, CATopics
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