Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Founding Partner, Boyden Gray & Associates
Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.
Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.
Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.
Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.
Partner, Baker & Hostetler LLP
Lee A. Casey focuses on federal environmental, constitutional and international law and Alien Tort Statute issues. He also advises clients on compliance issues under the Foreign Corrupt Practices Act (FCPA), U.S. trade sanctions regimes, and federal ethics requirements. Mr. Casey’s practice includes federal, district and appellate court litigation, as well as matters before federal agencies. Prior to joining BakerHostetler, Mr. Casey was an associate with Hunton & Williams, practicing in international, environmental and constitutional law. From 2004 through 2007 he served as an member of the United Nations Subcommission on the Promotion and Protection of Human Rights.
From 1986 to 1993, Mr. Casey served in various capacities in the federal government, including the Office of Legal Policy (1986-90) and the Office of Legal Counsel (1992-93) at the U.S. Department of Justice and served as Deputy Associate General Counsel at the U.S. Department of Energy (1990-92). The Office of Legal Counsel is responsible for advising the Attorney General and the White House on issues of constitutional law and statutory interpretation. The Office of Legal Policy served as a strategic “think tank” for the Reagan Justice Department and was responsible for reviewing candidates for appointments to the federal bench.
Before joining the government in 1986, Mr. Casey was an associate in the Los Angeles firm of Mitchell, Silberberg & Knupp, practicing in the litigation section, with an emphasis on copyright, contract and First Amendment issues. From 1984 to 1985, Mr. Casey served as Law Clerk to the Honorable Alex Kozinski, then Chief Judge of the United States Claims Court. From 1982 to 1984, he practiced at the Detroit firm of Dykema Gossett, focusing on corporate, securities, commercial and intellectual property litigation, and from 1990 through 1994, he served as an Adjunct Professor of Law at George Mason University School of Law in Arlington, Virginia.
Among the chapters, articles and papers that Mr. Casey has authored or co-authored are: “International Law and the Nation-State at the U.N.,” Reclaiming the Language of Freedom at the United Nations: A Guide for U.S. Policymakers, The Heritage Foundation (2006) (with David B. Rivkin, Jr.); “The Dangerous Myth of Universal Jurisdiction,” A Country I Do Not Recognize (ed. Robert H. Bork) (2005) (with David B. Rivkin, Jr.); “Leashing the Dogs of War,” The National Interest (Fall 2003) (with David B. Rivkin, Jr.); “The Limits of Legitimacy: The Rome Statute’s Unlawful Application to Non-State Parties,” 44 Va.J.Int’l L. 63 (Fall 2003) (with David B. Rivkin, Jr.); “Devil’s Advocates: The Danger of Judging Lawyers By Their Clients,” Policy Review (Feb. and Mar. 2002) (with David B. Rivkin, Jr.); “The Case Against the International Criminal Court,” 25 Fordham Int’l L.J. 840 (2002); “Europe in the Balance: The Alarmingly Undemocratic Drift of the European Union,” Policy Review (June and July 2001) (with David B. Rivkin Jr.); “Against an International Criminal Court,” Commentary, May 1998 (with David B. Rivkin, Jr.); “Federalism (Cont’d.),” Commentary, December 1996 (with David B. Rivkin, Jr.); “Presidents and War Powers: Another View,” Common Sense, Winter 1996 (with David B. Rivkin, Jr.); “How Binding Are Contracts?” The American Enterprise, Nov./Dec. 1993 (with David B. Rivkin, Jr.); and “Pirate Constitutionalism: An Essay in Self-Government,” 8 J. of L. & Politics 477 (1992).
Mr. Casey is a member of the California, Michigan and District of Columbia Bar Associations.
Partner, Baker & Hostetler LLP
Mark DeLaquil is a first-chair trial and appellate advocate who focuses on complex environmental and regulatory proceedings, First Amendment practice and political law.
Mark has been recognized by Chambers USA for environmental litigation (2015 to 2024) and has been named by Law360 as one of the "Top 5 Environmental Attorneys Under the Age of 40" on two occasions.
Partner, Wiley
Lee served as Chairman and Commissioner of the Federal Election Commission (FEC), where he successfully led the rulemaking to conform the agency's regulations to the Supreme Court's Citizens United and McCutcheon decisions and championed free speech on the Internet and free press rights. He previously had served as legal counsel and policy advisor to the Governor of Virginia and Attorney General of Virginia, associate general counsel of the University of Virginia, and general counsel to numerous political organizations. His experience covers a broad range of policy-oriented subjects, including federal and state campaign finance and ethics laws, First Amendment rights of political speech and association, political action on the Internet, taxation of the Internet, interstate regulation, and academic freedom. He has extensive experience in all aspects of election administration, having litigated state, local and congressional recounts, election contests, ballot access, voting rights, late poll openings, and delegate credentials.
He has been named a "Top Campaign & Elections Lawyer" by Washingtonian magazine. The Washington Examiner called Lee “a leading voice among conservative regulators in Washington” (2016) and “a tireless voice for First Amendment rights on the Internet” (2018); the Richmond Times-Dispatch dubbed him a “free-speech champion” (2018); The Hill labeled him “a happy warrior for the First Amendment” (2018); and the Washington Post called him a “sharp policy wonk” (1999). He is a frequent lecturer at law schools, universities, civic organizations, and continuing legal education programs. He has authored numerous articles on election law and a chapter on regulation of political speech on the Internet in Law and Election Politics: The Rules of the Game (Routledge 2013), and his writings have appeared in The Wall Street Journal, Richmond Times-Dispatch, Washington Examiner, Washington Times, Politico and other publications. He has served on the boards of several educational, cultural, and political non-profit organizations.
Partner, Wiley
Lee served as Chairman and Commissioner of the Federal Election Commission (FEC), where he successfully led the rulemaking to conform the agency's regulations to the Supreme Court's Citizens United and McCutcheon decisions and championed free speech on the Internet and free press rights. He previously had served as legal counsel and policy advisor to the Governor of Virginia and Attorney General of Virginia, associate general counsel of the University of Virginia, and general counsel to numerous political organizations. His experience covers a broad range of policy-oriented subjects, including federal and state campaign finance and ethics laws, First Amendment rights of political speech and association, political action on the Internet, taxation of the Internet, interstate regulation, and academic freedom. He has extensive experience in all aspects of election administration, having litigated state, local and congressional recounts, election contests, ballot access, voting rights, late poll openings, and delegate credentials.
He has been named a "Top Campaign & Elections Lawyer" by Washingtonian magazine. The Washington Examiner called Lee “a leading voice among conservative regulators in Washington” (2016) and “a tireless voice for First Amendment rights on the Internet” (2018); the Richmond Times-Dispatch dubbed him a “free-speech champion” (2018); The Hill labeled him “a happy warrior for the First Amendment” (2018); and the Washington Post called him a “sharp policy wonk” (1999). He is a frequent lecturer at law schools, universities, civic organizations, and continuing legal education programs. He has authored numerous articles on election law and a chapter on regulation of political speech on the Internet in Law and Election Politics: The Rules of the Game (Routledge 2013), and his writings have appeared in The Wall Street Journal, Richmond Times-Dispatch, Washington Examiner, Washington Times, Politico and other publications. He has served on the boards of several educational, cultural, and political non-profit organizations.
Partner, O’Melveny & Myers
Brian P. Brooks is the Managing Partner of Valor Capital Group. He has served as CEO of the Bitfury Group and CEO of digital asset exchange and marketplace Binance.US.
Mr. Brooks became Acting Comptroller of the Currency upon the resignation of the 31st Comptroller of the Currency Joseph M. Otting as a result of his designation as First Deputy Comptroller by Treasury Secretary Steven T. Mnuchin pursuant to his authority under 12 USC § 4.
As Acting Comptroller of the Currency, Mr. Brooks was the administrator of the federal banking system and chief officer of the Office of the Comptroller of the Currency (OCC). The OCC supervises nearly 1,200 national banks, federal savings associations, and federal branches and agencies of foreign banks that conduct approximately 70% of all banking business in the United States. The mission of the OCC is to ensure that national banks and federal savings associations operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations.
The Comptroller also serves as a director of the Federal Deposit Insurance Corporation and a member of the Financial Stability Oversight Council and the Federal Financial Institutions Examination Council.
Prior to becoming Acting Comptroller, Mr. Brooks served as Senior Deputy Comptroller and Chief Operating Officer. In this role, he oversaw OCC bank supervision, bank supervision policy, economics, supervisory system and analytical support, systemic risk identification support and specialty supervision, and innovation. He also served as a member of the OCC's Executive Committee and was the Chair of the Technology and Systems Subcommittee, since joining the agency in April 2020.
Prior to joining the OCC, Mr. Brooks served as Chief Legal Officer of Coinbase Global, Inc., where he headed the legal, compliance, audit, investigations, and government relations functions for the company, which served 20 million customers. He held this position since September 2018.
From 2014-2018, Mr. Brooks served as Executive Vice President, General Counsel, and Corporate Secretary of the $3.2 trillion Fannie Mae. Prior to joining Fannie Mae, he served as a Vice Chairman of OneWest Bank, N.A., from 2011 to 2014. Prior to joining OneWest, he served managing partner of the Washington, D.C. office of the global law firm O'Melveny & Myers LLP, where he also served as chair of the firm's financial services practice group. Prior to joining the OCC, Mr. Brooks also served on the Boards of Directors of Avant, Inc. and Fannie Mae, and also served as an advisor to a number of technology startups.
Mr. Brooks holds a bachelor’s degree from Harvard University in government and a law degree from the University of Chicago.
Recent State Cases Largely Support Property Rights
Publius
The state courts have continued to issue environmental law and property rights cases. Some support...
Bar Watch Bulletin February 2005
The American Bar Association Midyear Meetings take place from Thursday, February 10 through Tuesday, February...
Voting by Military Personnel and Overseas Citizens
Hans A. Von Spakovsky
All United States military personnel and their dependents, as well as American citizens located abroad,...
Breaking the Compact: Separation of Powers, Deference and Fair Notice in New Source Review
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For nearly thirty years, the Clean Air Act’s (CAA) New Source Review (NSR) program, as...
Swift Boat Democracy & the New American Campaign Finance Regime
Lee E. Goodman
Commonly known as McCain-Feingold in the Senate and Shays-Meehan in the House, the Bipartisan Campaign...
Listening to VOIP
Julian Gehman
The current debate in Congress and at the FCC over regulating voice over Internet protocol...
Swift Boat Democracy & The New American Campaign Finance Regime
Lee E. Goodman
Commonly known as McCain-Feingold in the Senate and Shays-Meehan in the House, the Bipartisan Campaign...
The Murky Politics of Removal Jurisdiction
Brian P. Brooks
Liberals often like substantive federal law. As compared with state legislatures whose interests they sometimes...
Bar Watch Bulletin August 10, 2004
Today we are reporting live from the meeting of the ABA House of Delegates. The...
Bar Watch Bulletin August 9, 2004
International Human Rights Award At the International Human Rights Award session, Washington Post writer Bob...