Partner, Steptoe & Johnson LLP
Stewart Baker is a partner in the law firm of Steptoe & Johnson in Washington, D.C. From 2005 to 2009, he was the first Assistant Secretary for Policy at the Department of Homeland Security. His law practice covers cybersecurity, data protection, homeland security, and travel and foreign investment regulation; he has been awarded one patent.
Mr. Baker has been General Counsel of the National Security Agency and General Counsel of the commission that investigated WMD intelligence failures prior to the Iraq war. He is the author of Skating on Stilts, a book on terrorism, cybersecurity, and other technology issues; he also hosts the weekly Cyberlaw Podcast.
Research Fellow and Regulatory Counsel, Competitive Enterprise Institute
As Research Fellow and Regulatory Counsel, Ryan Radia focuses on adapting law and public policy to the unique challenges of the information age. His research areas at the Competitive Enterprise Institute include intellectual property, information privacy, telecommunications, cybersecurity, competition policy, media regulation, and Internet freedom.
Radia has published articles in major news outlets including The Seattle Times, Forbes, San Jose Mercury News, The Star-Ledger, Ad Age, Investor’s Business Daily, and Ars Technica. He has been quoted in publications including the Los Angeles Times, The New Republic, TIME, Fortune, Chicago Tribune, San Francisco Chronicle, The Boston Globe, POLITICO, The Baltimore Sun, and Bloomberg. He has appeared on dozens of television and radio programs, including “Marketplace” on National Public Radio, “Cavuto” on Fox Business Network, and the “Laura Ingraham Show” on Talk Radio Network.
Radia also blogs on the Technology Liberation Front, a group technology policy blog dedicated to advancing freedom and liberty in the digital age. His commentary has been referenced by blogs including The Atlantic’s Daily Dish, The Washington Post’s Faster Forward, and Techdirt. His research has been cited scholarly journals such as the Brooklyn Law Review, the University of Pennsylvania Journal of Business Law, and the Iowa Law Review Bulletin.
Radia earned his J.D. from The George Washington University Law School, where he served as Senior Articles Editor of the Federal Communications Law Journal. He also holds a B.A. in economics from Northwestern University. Before joining CEI in 2007, he worked in the alternative risk financing sector.
He is admitted to the District of Columbia Bar.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Partner, Sidley Austin LLP
Jonathan Cohn is a partner based in Washington, D.C., who returned to Sidley after serving for several years as a Deputy Assistant Attorney General in the United States Department of Justice. During his tenure in the Justice Department, Mr. Cohn was in charge of the Civil Division’s Appellate Staff, which represents the federal government in its high-profile civil appeals. He also managed over 200 district court and appellate litigators in the Division’s Office of Immigration Litigation.
Mr. Cohn personally argued many of the most sensitive and consequential matters for the United States. His clients included the Department of the Treasury, the Food and Drug Administration, and the Department of Defense. His caseload covered administrative law appeals, commercial disputes, national security issues and suits challenging the constitutionality of agency regulations and Acts of Congress.
J.D., Harvard Law School
B.S., University of Pennsylvania
Partner, Hunton Andrews Kurth
A co-leader of Hunton Andrews Kurth’s environmental practice, Deidre is lauded in Chambers USA, 2016 as “extremely capable,” “very familiar with the regulations and agencies,” and excels at giving clients “good insight into getting an expeditious outcome.” Her practice focuses exclusively on environmental, energy and administrative law.
Deidre represents clients on permitting, compliance and litigation relating to the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA) and other environmental statutes. She frequently counsels clients on administrative rulemaking and policy, providing regulatory clarifications when necessary, and drafting federal and state legislation on myriad intricate issues. She is also well known for negotiating and obtaining permits for complicated energy and development projects. Her clients include development companies, oil and natural gas pipelines, electric utilities, agricultural interests, state and local agencies, and various trade associations.
Prior to entering private practice, Deidre served as assistant general counsel of the Army at the Pentagon, advising the secretary of the Army on environmental and land use issues involving the Corps of Engineers’ Civil Works and section 404 Regulatory program, as well as the Base Realignment and Closure (BRAC) program. Deidre has extensive experience with federal regulatory agencies, military departments and the US Department of Justice.
Associate, Hunton & Williams LLP
Kerry L. McGrath is an associate in the Washington, D.C. office of Hunton & Williams LLP and advises clients on environmental, administrative, and homeland security law.
Senior Attorney, Sensient Technologies Corporation
Former United States Attorney General
Michael B. Mukasey is the former Attorney General of the United States, the nation’s chief law enforcement officer. As Attorney General from November 2007 to January 2009, he oversaw the U.S. Department of Justice and advised on critical issues of domestic and international law.
From 1988 to 2006, Judge Mukasey served as a district judge in the United States District Court for the Southern District of New York, becoming Chief Judge in 2000.
From 1972 to 1976, Judge Mukasey served as an Assistant United States Attorney for the Southern District of New York, and as Chief of the Official Corruption Unit from 1975 to 1976. His practice consisted of criminal litigation on behalf of the government, including investigation and prosecution of narcotics, bank robbery, interstate theft, securities fraud, fraud on the government and bribery. From 1976 to 1987 and from 2006 to 2007 he was in private practice.
Judge Mukasey has received numerous honors, including the Federal Bar Council’s Learned Hand Medal for Excellence in Federal Jurisprudence. He served as Chairman of the Committee on Public Access to Information and Proceedings of the New York Bar Association from 1984 to 1987. He served on the Federal Courts Committee of the Association of the Bar of the City of New York from 1979 to 1982 and its Communications Law Committee from 1983 to 1986. Judge Mukasey was also a part-time lecturer at Columbia School of Law from January 1993 to May 2007, teaching trial advocacy.
He received his LL.B. from Yale Law School in 1967 and his B.A. from Columbia College in 1963.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Professor, Florida State University College of Law
Professor Steve Johnson is a recognized national scholar on tax litigation and procedure, including legislative and administrative law topics in tax. He teaches Income Taxation, Partnership Taxation and Administrative Law. His publications include two casebooks, Civil Tax Procedure (2d ed., Lexis-Nexis 2007) (with David Richardson & Jerome Borison) and Tax Crimes (Lexis-Nexis 2008) (with Scott Schumacher, Larry Campagna & John Townsend), as well as numerous articles on tax procedure and on tax law. While a law student, he was managing editor of the New York University Law Review.
Johnson practiced tax law in New York City, after which he served as a senior attorney with the IRS Chief Counsel’s Office and a special assistant United States attorney in Jacksonville, Florida. He was a founding faculty member at the University of Nevada, Las Vegas School of Law, where he was the 2008 Outstanding Faculty Member. In addition, he taught at Indiana University School of Law and visited at Chicago-Kent College of Law and University of California Hastings College of Law.
Knights of Columbus Professor of Law and the Catholic Tradition, The Catholic University of America Columbus School of Law
Kevin C. Walsh teaches and writes in the areas of federal jurisdiction, constitutional law, and the U.S. Supreme Court. His scholarship explores the doctrines that define—and delimit—the scope of federal judicial power.
Professor Walsh graduated from Harvard Law School, where he was Articles Chair for Volume 115 of the Harvard Law Review. After graduation, he clerked for Judge Paul V. Niemeyer of the United States Court of Appeals for the Fourth Circuit and Associate Justice Antonin Scalia of the Supreme Court of the United States. He then practiced law at Hunton & Williams LLP and taught as a visiting assistant professor at Villanova University School of Law. Walsh received his A.B. from Dartmouth College, and an M.A. in Theological Studies from the University of Notre Dame. He taught at the University of Richmond School of Law for thirteen years prior to joining The Catholic University of America, where he currently resides.
In early 2011, Professor Walsh filed two amicus curiae briefs addressing jurisdictional issues in the State challenges to the individual mandate in the federal healthcare reform legislation: a brief in Virginia v. Sebelius (United States Court of Appeals for the Fourth Circuit), and a brief in Florida v. HHS (United States Court of Appeals for the Eleventh Circuit).
Obamacare: The Birth Control Exeption, and the Frustration of Religious Liberty in American Society
Cyber Intelligence Sharing and Protection Act
Salazar v. Ramah Navajo Chapter - Post-Argument SCOTUScast
Jonathan Cohn
On April 18, 2012, the Supreme Court heard oral argument in Salazar v. Ramah Navajo Chapter....
EPA and U.S. Army Corps Seek to Expand Jurisdiction Under the Clean Water Act
Deidre G. Duncan, Kerry L. McGrath
The U.S. Army Corps of Engineers (“Corps”) and U.S. Environmental Protection Agency (“EPA”) (jointly, the...
Luncheon: John Yoo on "Taming Globalization"
Irvine, CaliforniaCitizens United and Beyond: The Role of the Super PAC in the 2012 Election Cycle
DallasCan Someone Please Turn on the Lights? Bringing Transparency to the Foreign Corrupt Practices Act
James C. Dunlop, Michael B. Mukasey
Note from the Editor: This paper assesses the Department of Justice’s authority under the Foreign...
U.S. Department of Health and Human Services v. Florida - Individual Mandate - Post-Argument SCOTUScast
Ilya Somin, Orin S. Kerr
On March 26-27, 2012, the Supreme Court heard oral argument in U.S. Department of Health and...
U.S. Department of Health and Human Services v. Florida - Anti-Injunction - Post-Argument SCOTUScast
Steve Johnson, Kevin C. Walsh
On March 26 and 27, 2012, the Supreme Court heard oral argument in U.S. Department...
A Religious Organization's Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment
In the second week of January, the U.S. Supreme Court handed down its unanimous decision...