Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Professor of Law, Brooklyn Law School
Joel Gora has been a professor at Brooklyn Law School since 1978, teaching constitutional law, civil procedure and a number of other related courses. He also served as Associate Dean for Academic Affairs from 1993-1997 and again from 2002 through 2006. He is the author of a number of books and articles dealing with First Amendment and other constitutional law issues. He is also an expert on campaign finance law matters, working in the field as both an advocate and an academic. Prior to joining the Brooklyn Law School faculty, Professor Gora was a law clerk at the United States Court of Appeals for the Second Circuit for two years after he graduated from law school, and then a full-time lawyer with the American Civil Liberties Union for almost ten years. During his ACLU career, he worked on dozens of United States Supreme Court cases, including many landmark rulings. Chief among them was the case of Buckley v. Valeo, the Court’s historic 1976 decision on the relationship between campaign finance restrictions and First Amendment rights. He has worked, on behalf of the ACLU, on almost every one of the important campaign finance cases to come before the Court. He also served for more than 25 years on the board of directors of the New York Civil Liberties Union, and as one of its general counsel. He has served as well on a number of policy committees of the New York City Bar, and was also a member of the board of the Federal Bar Council. Professor Gora received his B.A. from Pomona College and LL.B. from Columbia Law School.
Partner, Sidley Austin LLP
BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros. He has also handled a variety of civil and appellate cases in federal court.
From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.
Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.
Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Adjunct Scholar and Former Director, Project On Criminal Justice, Cato Institute
Tim Lynch is an attorney specializing in criminal law, constitutional law, and civil liberties. He is an adjunct scholar at the Cato Institute and the former director of Cato’s Project on Criminal Justice. His research interests include all aspects of constitutional criminal procedure, overcriminalization, the drug war, and police and prosecutorial misconduct. In 2000, he served on the National Committee to Prevent Wrongful Executions. Lynch also prepares amicus briefs before appellate courts and the U.S. Supreme Court in cases involving constitutional rights. He is the editor of In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law” and After Prohibition: An Adult Approach to Drug Policies in the 21st Century.
Lynch has published a variety of articles in both the law journals and in opinion pieces for the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, and other newspapers. He has appeared on The PBS NewsHour, NBC Nightly News, ABC World News Tonight, and C-SPAN’s Washington Journal. Lynch is a member of the Virginia, District of Columbia, and Supreme Court bars. He earned both a BS and a JD from Marquette University.
Mr. Lynch can be reached via his personal website.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Roger Williams University School of Law
Professor Bogus has achieved national prominence in two areas -- (1) tort law, and especially, products liability; and (2) gun control, including issues involving the Second Amendment.
His work in the first area includes Why Lawsuits Are Good for America: Disciplined Democracy, Big Business and the Common Law (NYU Press). His Constitutional Law research proposes the thesis that James Madison wrote the Second Amendment to ensure that the federal government could not subvert the slave system by disarming the militia, on which the South relied for slave control. Professor Bogus has testified before Congress and spoken about and debated these subjects at many venues across the country, including at Harvard, Columbia, Chicago, Stanford, and Vanderbilt law schools, and his writings on these subjects have been published by law reviews, as well as opinion journals such as The Nation and The American Prospect, and newspapers including USA Today, Boston Globe, Washington Times, and the Providence Journal. Most recently, he was interviewed by National Public Radio. One of his interests is how ideology influences the law, and he is presently at work on a biography of William F. Buckley, Jr. and the conservative movement.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
Of Counsel, Erickson & Sederstrom
Professional Positions
Former Member of National Association of Attorneys General Executive Committee (2002)
Member, Society of Attorneys General Emeritus (SAGE)
Washington Legal Foundation, Policy Advisory Board
Federalist Society, Member of the Federalism Subcommittee for Federalism and Separation of Powers
Former Member, TRANSLink Transmission Co., Board of Directors
Former Member, U.S. Chamber of Commerce Federalism Working Group
Former Chair, Nebraska Crime Commission
Honors and Accomplishments
Argued cases in the United States Supreme Court
Phi Beta Kappa
Republican Nominee for U.S. Senate in Nebraska (2000)
Founding Member of the Republican Attorneys General Association
Nebraska Fertilizer and Ag Chemical Institute's Government Official of the Year (2000)
Nebraska Coalition for Victims of Crime's Public Policy Award (1999)
Lincoln Independent Business Association's Business Champion Award (1997)
Lincoln Jaycees Outstanding Young Individual Award (1981)
Prior to Becoming of Counsel to Erickson & Sederstrom, P.C.
Attorney General of Nebraska (1991-2003)
Legal Counsel to the Governor of Nebraska (1979-1983)
University of Nebraska, Lincoln, B.A. (1970)
Harvard Business School, M.B.A. (1974)
Harvard Law School, J.D. (cum laude) (1974)
Partner, Shook, Hardy & Bacon LLP
Victor Schwartz chairs the firm's Public Policy Practice Group, which focuses on integrating litigation, government affairs and public relations. The group seeks to be the vanguard of developing public policy issues that will help improve our civil justice system. Mr. Schwartz also has an active appellate practice and advises product manufacturers on liability prevention, litigation and public relations issues.
Sought by print and broadcast media, Mr. Schwartz is frequently quoted in The Wall Street Journal, The Washington Post and The New York Times. He has appeared on Oprah, 60 Minutes and leading news programs. The Legal Times of Washington has named Mr. Schwartz one of Washington’s Top 30 “Visionary” lawyers, and The National Law Journal named Mr. Schwartz one of the 100 most influential lawyers in the United States in March 2013.
Mr. Schwartz is on the Board of Directors of the Searle Civil Justice Institute at George Mason University School of Law. He is a frequent participant in judicial education programs. Mr. Schwartz serves as General Counsel to the American Tort Reform Association.
Prior to entering the full time practice of law, Mr. Schwartz was a professor and dean at the University of Cincinnati College of Law. He currently serves on the College’s Board of Visitors. In 2012, the College established the Professor Victor E. Schwartz Chair in Tort Law.
Mr. Schwartz, while at the U.S. Department of Commerce, served as chair of the Federal Inter-Agency Task Force on Product Liability, and the Federal Inter-Agency Council on Insurance. He was the principal author of the Uniform Product Liability Act and the Federal Risk Retention Act. He received the Secretary of Commerce’s Award for Professional Excellence.
Mr. Schwartz is co-author of the most widely used torts casebook in the United States, Prosser, Wade and Schwartz’s Torts (12th ed. 2010). He is author of the leading text Comparative Negligence (5th ed. 2010).
Mr. Schwartz has been an advisor for each of the American Law Institute’s (ALI) Restatement (Third) of Torts projects; Products Liability, Apportionment of Liability, and Liability for Physical Injury and Emotional Harm. He is a life member of the ALI.
Mr. Schwartz’s law review articles have analyzed almost every major subject of modern tort and civil justice public policy issues. His articles are frequently cited by both state and federal courts.
Chief Judge (ret.), U.S. Court of Appeals for the Federal Circuit, and Honorary Professor, Tsinghua University
Randall R. Rader was appointed to the United States Court of Appeals for the Federal Circuit by President George H. W. Bush in 1990 and served as Chief Judge from June 2010 to June 2014. He was appointed to the United States Claims Court (now the U. S. Court of Federal Claims) by President Ronald W. Reagan in 1988. Judge Rader's most prized title may well be "Professor Rader."
As Professor, Judge Rader has taught courses on patent law and other advanced intellectual property courses at The George Washington University Law School,University of Virginia School of Law, Georgetown University Law Center, the Munich Intellectual Property Law Center, and other university programs in Tokyo, Taipei, New Delhi, and Beijing. Due to the size and diversity of his classes, Judge Rader may have taught patent law to more students than anyone else. Judge Rader has also co-authored several texts including the most widely used textbook on U. S. patent law, "Cases and Materials on Patent Law," (St. Paul, Minn.: Thomson/West 3d ed. 2009) and "Patent Law in a Nutshell," (St. Paul, Minn.: Thomson/West 2007) (translated into Chinese and Japanese). Judge Rader has won acclaim for leading dozens of government and educational delegations to every continent (except Antarctica), teaching rule of law and intellectual property law principles.
Judge Rader has received many awards, including the Sedona Lifetime Achievement Award for Intellectual Property Law, 2009; Distinguished Teaching Awards from George Washington University Law School, 2003 and 2008 (by election of the students); the Jefferson Medal from the New Jersey Intellectual Property Law Association, 2003; the Distinguished Service Award from the Berkeley Center for Law and Technology, 2003; the J. William Fulbright Award for Distinguished Public Service from George Washington University Law School, 2000; and the Younger Federal Lawyer Award from the Federal Bar Association, 1983. Before appointment to the Court of Federal Claims, Judge Rader served as Minority and Majority Chief Counsel to Subcommittees of the U.S. Senate Committee on the Judiciary. From 1975 to 1980, he served as Counsel in the House of Representatives for representatives serving on the Interior, Appropriations, and Ways and Means Committees. He received a B.A. in English from Brigham Young University in 1974 and a J.D. from George Washington University Law School in 1978.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
Associate Justice, Supreme Court of the United States
Clarence Thomas, Associate Justice, was born in the Pinpoint community near Savannah, Georgia on June 23, 1948. He attended Conception Seminary from 1967-1968 and received an A.B., cum laude, from Holy Cross College in 1971 and a J.D. from Yale Law School in 1974. He was admitted to law practice in Missouri in 1974, and served as an Assistant Attorney General of Missouri, 1974-1977; an attorney with the Monsanto Company, 1977-1979; and Legislative Assistant to Senator John Danforth, 1979-1981. From 1981–1982 he served as Assistant Secretary for Civil Rights, U.S. Department of Education, and as Chairman of the U.S. Equal Employment Opportunity Commission, 1982-1990. From 1990–1991, he served as a Judge on the United States Court of Appeals for the District of Columbia Circuit. President Bush nominated him as an Associate Justice of the Supreme Court and he took his seat October 23, 1991. He married Virginia Lamp on May 30, 1987 and has one child, Jamal Adeen by a previous marriage.
Attorney Specializing in Government Relations
Alec D. Rogers is an attorney specializing in government practice and policy in Washington, DC.
A graduate of James Madison College at Michigan State University and the University of Michigan Law School, he practiced law for several years before spending over a decade on Capitol Hill as a staffer to various Members and Committees.
He has reviewed books for the Washington Times, Hardball Times, The Journal of the American Revolution, and The Weekly Standard, and writes on legal matters in Engage, an online publication of the Federalist Society.
Appellate Corner
Kent Scheidegger
In the first half of its 1999-2000 term, the Supreme Court has decided its "appeal...
Buckley v. Valeo Revisited
Joel M. Gora
Remarks of Professor Joel M. Gora at the Federalist Society's September 1999 Conference Editor's Note:...
The Future of Miranda and the Exclusionary Rule
Michael O'Neill, Vivian Berger, Bradford A. Berenson, William G. Otis, Tim Lynch
Following are remarks from a panel discussion sponsored by the Criminal Law & Procedure Practice...
Voter Fraud in Our Republic
Hans A. Von Spakovsky
Most Americans that I speak with who are aware of America's past history of voter...
Firearms Litigation, Tort Liability, and the Second Amendment - A Symposium
Carl T. Bogus, John Coale, Nelson Lund, Donald B. Stenberg, Victor E. Schwartz
Editor's Note: At the 1999 National Lawyers Convention in Washington, D.C., the Civil Rights Practice Group...
Is Intellectual Property Legitimate?
N Kinsella
A version of this article previously was published in 1 Pennsylvania Bar Association Intellectual Property...
IP Protection for Modern Technology
Chris Rogers, John Doll, Randall R. Rader, Charles Dadswell
Following are excerpts from a panel discussion entitled "IP Protection for Modern Technology" which was...
Aspirin for a "Major Headache?" Scaling Back Relief Under the Alien Tort Claims Act
Donald J. Kochan
The "Headache": An Expanding Scope of Liability Customary international law is increasingly permeating the jurisprudence...
Clarence Thomas Address Before the Federalist Society at the 1999 National Lawyers Convention
Clarence Thomas
Address by Hon. Clarence Thomas, Associate Justice, United States Supreme CourtThank you very much for that...
Federal Reserve Contemplates Reg. B Changes
Alec D. Rogers
Pending changes to the Federal Reserve's Regulation B would allow financial institutions to collect data...