Senior Attorney, Pacific Legal Foundation
Oliver Dunford joined the Pacific Legal Foundation in March 2017. He litigates across the country to defend and advance individual liberty and the rule of law. Oliver’s cases involve the separation of powers, economic liberty, property rights, and the First Amendment.
Oliver remains inspired by the Classical Liberal ideals upon which our Founders declared independence and secured the blessings of liberty. The Constitution’s promises, however, are not self-executing. As James Madison explained, “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” Oliver feels lucky that his work helps oblige the government to control itself—to the end that all individuals may pursue their rights of life, liberty, and the pursuit of happiness.
Before joining PLF, Oliver clerked at the Ohio Supreme Court and the Ohio Court of Appeals, and spent more than a decade in private practice working on complex commercial litigation. Originally from Cleveland, Oliver is a graduate of the University of Dayton and Cleveland-Marshall College of Law, where he was a managing editor for the Cleveland State Law Review. Oliver is admitted to the state bars of Florida, California, and Ohio, as well as several federal courts including the United States Supreme Court.
Oliver spends all of his free time following the Cleveland Indians.
Partner, Mayer Brown LLP
An experienced appellate lawyer, Tim Bishop has argued five cases and briefed more than 60 before the US Supreme Court and has successfully handled dozens of appeals in federal and state appellate courts. He also represents clients in dispositive dismissal, summary judgment, and class certification motions in federal and state trial courts. Tim is co-author of the leading treatise, Supreme Court Practice(9th ed., 2007), a contributor to Federal Appellate Practice (2008), and a prolific author and speaker in the areas of appellate practice, environmental law, and securities law.
Tim has substantial experience in environmental and land use litigation (especially under the Clean Water Act, Endangered Species Act, Clean Air Act, federal and state Takings Clauses, and nuisance law), securities and antitrust litigation, class certification, federal and state tax controversies, labor and employment law, and constitutional appeals and litigation. In the securities area, he has submitted successful party or amicus briefs in most of the Supreme Court’s recent cases, including Dabit, Dura, Tellabs, Billing, Stoneridge, andAmchem, as well as in leading lower-court cases such as In re IPO Securities Litigation and Newton. He has broad experience in defeating class certification in complex litigation.
In the environmental law area Tim has been ranked as a top practitioner by Chambers, Best Lawyers in America, Euromoney's Best of the Best USA, and other publications, which have called him "the go-to guy if you have a serious environmental issue on appeal - he is excellent at spotting issues and is a great appellate advocate" (Chambers 2009). Tim is ranked Band 1 in Chambers USA 2012 in Environmental Law ("sources unanimously consider Bishop to be an exceptionally strong appellate lawyer") and Legal 500 2012 comments, "Bishop is 'superb and provides exemplary service.'" Tim successfully argued Solid Waste Agency of Northern Cook County in the Supreme Court, in which the Court struck down the Corps of Engineer’s "migratory bird rule." One leading environmental law professor and practitioner has written that Tim is "industry’s leading Supreme Court lawyer in environmental cases."
Since 1995, Tim has been a partner in Mayer Brown LLP’s 60-strong Supreme Court and Appellate Litigation Practice (which "stands head and shoulders above its competitors," according to Chambers USA 2008). Previously, he served as Law Clerk to US Supreme Court Justice William J. Brennan, Jr., and to Judge James L. Oakes, US Court of Appeals for the Second Circuit, and was Staff Counsel and Skadden Fellow with the American Civil Liberties Union. Recently, Tim was named one of Benchmark’s 2013 Appellate Illinois Litigation Stars.Chambers USA (2007) notes Tim’s “high visibility” and “incredible reputation for appellate law,” and he has been described in theLawdragon 500 as "a high court superstar" and a "top advocate" (2006).
Professor of Law, University of California Hastings College of the Law in San Francisco
Professor Dave Owen teaches courses in environmental, natural resources, water, land use, and administrative law. His interest in the subject area began when he was about six years old and his parents denied him access to all television except for PBS wildlife specials. He then became inordinately interested in poachers. He went on to study geology in college, primarily because the labs were outside, and became an environmental consultant. During one hot summer day of hazardous waste site sampling, while sweating miserably in a Tyvek suit and inhaling aniline fumes, he decided graduate school sounded like a nice idea. So he became an environmental lawyer. He went to Berkeley Law, where he served as editor-in-chief of Ecology Law Quarterly and was selected for the Order of the Coif.
Professor Owen went on to clerk at federal district court and then work for a small law firm in San Francisco, where his practice focused primarily on water law. He worked on Colorado River allocation, Sacramento-San Joaquin Delta litigation, and federal state disputes over the proposed Yucca Mountain nuclear waste repository, among other matters. In 2007, he began teaching at the University of Maine School of Law. He joined the Hastings faculty in 2015.
His research focuses primarily on water resource management, and some recent projects have addressed taxation of water consumption, the roles of federal regional offices, stream protection under the Clean Water Act, policies to expedite dam removals and hydropower upgrades, and the intersection of groundwater use regulation and the takings clause. Four of his articles have been recognized by his peers as among the top environmental law articles of their respective years; another article has won the Morrison Prize as the top sustainability law article of its year, and he has presented three articles at the Harvard Stanford-Yale Junior Faculty Forum. He also contributes frequently to the Environmental Law Prof Blog.
Shareholder, Greenberg Traurig, LLP
Dominic E. Draye has litigated at every level of the state and federal judiciary—from state trial court to the Supreme Court of the United States. His practice focuses on constitutional, regulatory, and environmental matters, and he has represented clients in both the public and private sectors. In the federal appellate courts, Mr. Draye has represented clients in the Second, Fifth, Seventh, Ninth, and D.C. Circuits.
Before joining Greenberg, Mr. Draye served as the Solicitor General of Arizona, where he briefed and argued the State’s highest-profile civil and criminal appeals and served as lead counsel for several multi-state coalitions litigating over agency rulemaking in the D.C. Circuit. Prior to government service, Mr. Draye was a litigator in the Washington, D.C., office of Kirkland & Ellis LLP, where his practice focused on legal issues and appeals.
Mr. Draye is a sought-after speaker on topics of administrative and constitutional law. He clerked for Hon. Edith H. Jones on the United States Court of Appeals for the Fifth Circuit and attended the University of Pennsylvania Law School.
General Counsel - International, Willis Towers Watson
Todd F. Braunstein is General Counsel - International as well as Head of Global Investigations at Willis Towers Watson, an insurance broking and consulting firm with $9 billion in revenues, 45,000 employees, and business in 140+ countries. He previously worked as a federal prosecutor, at two DC law firms, and in the White House.
A.B., Harvard College; J.D., Harvard Law School
Attorney, Public Citizen Litigation Group
Paul Alan Levy is an attorney with the Public Citizen Litigation Group, a public interest law firm that is a division of the consumer advocacy organization Public Citizen. Among the issues on which the group litigates are federal health and safety regulation, consumer litigation, open government, union democracy, separation of powers, and the First Amendment. PCLG litigates cases at all levels of the federal and state judiciaries and has a substantial practice before federal regulatory agencies.
After working as a law clerk to Honorable Wade H. McCree, Jr. (United States Court of Appeals, Sixth Circuit) and Special Assistant to Solicitor General McCree, Paul joined the Litigation Group in December 1977 to represent workers in rank-and-file labor law cases, largely representing dissident union members in cases involving union governance. He has been there ever since, with the exception of a one-year sabbatical when he taught at Cardozo Law School. Over the years, he also developed subspecialties in some arcane issues of federal procedure such as removal jurisdiction, and the representation of "lawyers in trouble" from sanctions, contempt findings and the like (these days, though, as a defense lawyer, he files sanctions motions). He also pioneered Public Citizen's work on federal preemption of state law claims and objecting to collusive class action settlements.
He has argued scores of cases in United States Court of Appeals (three en banc). Moreover, he has argued four cases in Supreme Court of the United States, as well as writing briefs for parties in seven other cases. One odd aspect of his Supreme Court practice is that each of these eleven cases was decided 9-0 – win or lose.
Paul has specialized more recently in free speech issues arising on the Internet. He has litigated cases in state and federal courts throughout the country about the identification of anonymous Internet speakers. His amicus curiae brief in Dendrite v. Doe, whose approach was adopted by New Jersey's Superior Court Appellate Division, has become the model for other cases. His Internet practice also includes the defense of trademark and copyright claims brought as a means of suppressing critical web sites. His cases in this area, such as Bosley Medical v. Kremer and Lamparello v. Falwell, have established the right to create internet “gripe" sites that include the trademark names of companies in their domain names and meta tags. In Smith v. Wal-Mart Stores and McCall v. National Security Agency, he defended the rights of parodists to make fun of Wal-Mart's trademarks and the seals of the NSA and Department of Homeland Security. In arguing against the issuance of prior restraints in Bank Julius Baer v. Wikileaks, he had the key insight that the case had been filed without subject matter jurisdiction. For several years, Paul chaired subcommittees (on domain name litigation or on keyword advertising) of the American Bar Association's Intellectual Property Section. He currently serves on the Legal Review Committee of the American Civil Liberties Union of the District of Columbia.
A description of his work in this area was published in the Washingtonian Magazine as “Paul Levy, the Web Bully's Worst Enemy." It is accessible at http://www.washingtonian.com/articles/people/paul-levy-the-web-bullys-worst-enemy/. His work was also recently described in Hill, Stars and Gripes: Legal challenges over online reviews seek to separate fact from fiction, ABA Journal (July 2016), available at http://www.abajournal.com/magazine/article/legal_challenges_over_online_reviews_seek_to_separate_fact_from_fiction.
Partner, Clare Locke LLP
Libby is one of the country’s most sought-after libel lawyers. She is a trusted counselor and fierce advocate for Fortune 100 companies and high-profile individuals facing existential reputational attacks from the national media and other influential publishers, achieving remarkable results for her clients both in and outside the courtroom. Court watchers have called her “as good as they get,” “aggressive and not afraid to litigate,” and someone who has the media savvy to handle high profile matters in the public eye.
After co-founding Clare Locke LLP in 2014, Libby rapidly rose to national prominence for a highly-publicized multi-million dollar trial victory against Rolling Stone magazine about a fabricated gang rape at a University of Virginia fraternity. In 2019, she was lead trial counsel and won a $26 million federal jury verdict on behalf of a successful North Carolina businessman who was defamed by a public company during a proxy fight. A commentator opined that “she was excellent in trial and she eviscerated the other side,” and the federal judge concluded that her vigorous cross-examination “exposed [Defendant’s] CEO as a non-credible witness.” A skilled appellate advocate and former federal circuit clerk, in 2019 Libby achieved a rare win against The New York Times on behalf of former Gov. Sarah Palin in the U.S. Court of Appeals for the Second Circuit arising out of a false and defamatory editorial. She is actively litigating matters against a variety of mainstream news outlets, including CNN and The New York Times.
Libby’s success in the courtroom gets her results in the newsroom. She regularly advises clients and their PR counsel in dealing with the national media in crisis situations, and some of her biggest wins are the false stories the public will never hear about. She has killed flawed articles, storylines, and broadcast segments in outlets including in The New York Times, The Washington Post, Vanity Fair, The National Enquirer, and on Bloomberg, CBS and The Dr. Oz Show. Libby has also vindicated her clients’ reputations by obtaining myriad retractions of false publications. Examples include securing a $3.375 million settlement and video apology from the Southern Poverty Law Center, a complete retraction of a Bloomberg podcast, a multi-article correction from The Chicago Tribune, and the removal of a paperback edition book from publication by Simon & Schuster.
Recognized as an expert in libel law and the First Amendment, Libby has been ranked as a Band 1 global defamation/reputation management provider in Chambers & Partners HNW directory every year since its inception in 2016, and a Band 1 First Amendment Litigator in Chambers & Partners USA in 2020. She has numerous national awards and accolades from the National Law Journal, including being named as one of D.C.’s 40 Under 40 in 2019. She is regularly asked to speak on issues involving the First Amendment, media, and reputation, including publishing multiple op-eds in The Wall Street Journal and appearing as a guest on Fox News, CNN, and ABC’s 20/20. Libby has also served as an adjunct professor at Georgetown University Law Center and George Washington University Law School.
Libby graduated from NYU’s College of Arts and Science with a degree in Politics and Economics, and she received her J.D. from Georgetown University Law Center. After law school, she clerked on the U.S. Court of Appeals for the Fifth Circuit, and then began her career in private practice at Kirkland & Ellis. Perhaps the accomplishment of which she is most proud, Libby is a mom of five. She lives in Alexandria, Virginia with her husband and law partner, Tom Clare, their children, and the world’s most spoiled Labrador Retriever, Gipper.
Judge, United States Court of Appeals, Fifth Circuit
Judge Smith was appointed U.S. Circuit Judge for the Fifth Circuit by President Reagan and entered on duty in January 1988. He attended public schools in Lubbock, Texas, and graduated from Yale University, receiving a B.A. in 1969 and a J.D. in 1972.
Judge Smith was a Law Clerk to U.S. District Judge Halbert Woodward, Northern District of Texas, 1972-1973; with the Houston law firm of Fulbright & Jaworski as an Associate, 1973-1981, and as Partner, 1981-1984; and as City Attorney, City of Houston, 1984-1988. He was Chairman, Civil Service Commission, City of Houston, 1982-1984; and a Director, Harris County Housing Authority, 1978-1980.
Judge Smith lives in Houston and is married to Mary Jane Smith and has four children: Ruth Ann, Clark, J.J., and Brandon. He formerly was Chair of the Advisory Committee on Federal Rules of Evidence of the Judicial Conference of the United States. He assists LexisNexis/Matthew Bender & Co. in periodic revisions of several chapters of Moore’s Federal Practice.
Dean and Professor of Law, Widener University Delaware School of Law
Rod Smolla is Dean and Professor of Law at the Delaware Law School of Widener University, in Wilmington, Delaware. He was previously the 11th President of Furman University, in Greenville, South Carolina, the Dean of the Law School at Washington and Lee University Law School, the Dean of the University of Richmond Law School, the Director of the Institute of Bill of Rights Law at the College of William and Mary, and Senior Fellow and Project Director of the Washington Annenberg Program of Northwestern University. He has also been a faculty member at the DePaul, University of Illinois, and University of Arkansas law schools, and a visiting professor at the Duke, University of Georgia, University of Indiana, Denver University, and University of Melbourne law schools. As an educator, he has been an advocate for experiential learning, including greater emphasis on helping law students develop skills relating to counseling, problem-solving, negotiation, drafting, advocacy, civic engagement, pro bono service, legal ethics, and professionalism. He has emphasized diversity and community outreach and important institutional missions in higher education and legal education.
Smolla is a nationally-known scholar on matters relating to constitutional law, civil rights, freedom of speech, and mass media, particularly matters relating to libel and privacy. He is the author of five multi-volume legal treatises, all published by Thomson Reuters, which are updated twice annually: Law of Defamation; Smolla and Nimmer on Freedom of Speech; Rights and Liabilities in Media Content, Internet, Broadcast, and Print; Federal Civil Rights Acts; and, Law of Lawyer Advertising. He is also author of The First Amendment: Freedom of Expression, Regulation of Mass Media, Freedom of Religion (Carolina Academic Press 1999) (a law school casebook); and co-author of Constitutional Law: Structure and Rights in Our Federal System (6th Edition, 2010, with Dean William Banks). He is the editor each year of the First Amendment Law Handbook, published annually by Thomson Reuters. He was also editor of The Copyright Law Anthology published by Thomson Reuters. He is also the author of may trade and university press books, including Suing the Press: Libel, the Media, and Power (Oxford University Press 1986) (won ABA Silver Gavel Award Certificate of Merit); Jerry Falwell v. Larry Flynt: The First Amendment on Trial (St. Martin's Press 1988); Free Speech in an Open Society (Alfred A. Knopf 1992) (winner of the William O. Douglas Award); Deliberate Intent: A Lawyer Tells the True Story of Murder by the Book (Crown Publishers 1999) (made into a television movie by FX, with Timothy Hutton playing the role of Rod Smolla); The Constitution Goes to College (New York University Press 2010). He was editor of A Year in the Life of the Supreme Court (Duke University Press 1995) (won ABA Civil Gavel Award). Smolla has published over 100 articles in law reviews and other publications.
Smolla has served as Chairman of the Association of American Law Schools Section on Defamation and Privacy Law, as Chairman of the Association of American Law Schools Section on Mass Communications Law, as a member of the American Bar Association Advisory Committee to the Forum on Mass Communications Law, and as a member of the First Amendment Advisory Board to the Media Institute, as the Director of the Annenberg Washington Program Libel Reform Project, and author of the Annenberg Libel Reform Report that emerged from the blue ribbon task force on that project. He served as a Director of the Media General Corporation, and as a Director of the American Arbitration Association. In 2011, he was appointed by Governor Nikki Haley to serve as a Commissioner on the South Carolina Commission of Higher Education, which included within its mission the oversight of all of South Carolina's public universities and colleges, and licensure and programmatic approval for all public and private educational programs within the state.
Smolla has been and remains an active litigator. He has participated as counsel or co-counsel in litigation matters in state and federal courts throughout the nation, and is a frequent advocate, having presented oral argument in numerous state and federal courts, including the Supreme Court of the United States.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Chief Judge, United States Court of Appeals, Fifth Circuit
Jennifer Walker Elrod is the Chief Judge of the United States Court of Appeals for the Fifth Circuit. She was nominated to the Fifth Circuit in 2007, and she served as a Circuit Judge on the court until assuming the role of Chief Judge in October 2024. Prior to serving as a Circuit Judge, Chief Judge Elrod was appointed and then twice elected Judge of the 190th District Court of Harris County, Texas, where she spent over five years presiding over more than 200 jury and non-jury trials.
Chief Judge Elrod graduated cum laude from Harvard Law School, where she was an active member of the Harvard Federalist Society, an Ames Moot Court finalist, and a Senior Editor of the Harvard Journal of Law & Public Policy. She clerked for the Honorable Sim Lake in the Southern District of Texas. Before serving as a judge, Chief Judge Elrod worked in private practice, focusing on civil litigation, antitrust, and employment matters.
She has been repeatedly recognized for her work as a jurist, as well as for her pro bono work and contributions to the community. She has been named the 2022 Texas Review of Law & Politics’ Jurist of the Year, the 2018 Harvard Federalist Society’s Alumni of the Year, the 2016–17 Texas Association of Civil Trial and Appellate Specialists’ Appellate Judge of the Year, and the 2008 Mexican-American Bar Association of Texas’s Judge of the Year.
Chief Judge Elrod is actively engaged in the academic and legal communities. Chief Judge Elrod currently serves on the Board of Directors and as the Jurist-in-Residence at the South Texas College of Law, where she teaches civil procedure and First Amendment law. She is also a member of the American Law Institute and of the Board of Advisors for the Harvard Journal of Law & Public Policy, and she is a former member of the Board of Regents of her alma mater, Baylor University, and the Board of Visitors at Brigham Young University Law School. She previously served as the Chair of the Codes of Conduct Committee for the Judicial Conference of the United States. She has also served as the M.D. Anderson Visiting Public Service Professor at the Texas Tech University School of Law and as Jurist-in-Residence at Brigham Young University Law School, and she has taught legal writing at the University of Houston Law Center. She presented the Lewis F. Powell, Jr. Distinguished Lecture at the Washington and Lee University School of Law and is a frequent speaker on the topics of trial and appellate procedure, ethics, employment law, and constitutional law. Chief Judge Elrod also serves on the board of the Garland R. Walker Inn of Court, and co-produces an annual musical CLE, for which her pupilage group has won multiple national awards.
Chief Judge Elrod’s publications include: Trial by Siri: AI Comes to the Courtroom; Don’t Mess with Texas Judges: In Praise of the State Judiciary; For Good: Enriching Your Practice and Your Life Through Pro Bono and Community Service; Is the Jury Still Out?: A Case for the Continued Viability of the American Jury; and W(h)ither the Jury? The Diminishing Role of the Jury Trial in our Legal System.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
Professor of Law, Antonin Scalia Law School
Professor of Law Michael S. Greve joined the faculty of the Antonin Scalia Law School, George Mason University in fall 2012 after having served as John G. Searle Scholar at the American Enterprise Institute (AEI), where he specialized in constitutional law, courts, and business regulation and served as chairman of the Competitive Enterprise Institute. Prior to joining AEI, Greve was founder and co-director of the Center for Individual Rights, a public interest law firm specializing in constitutional litigation.
Greve has served previously as an adjunct professor at a number of universities, including Cornell and Johns Hopkins Universities, and has been a visiting professor at Boston College since 2004. He was awarded a PhD and an MA in government by Cornell University. Greve also earned a Diploma from the University of Hamburg in Germany.
A prolific writer, Greve is the author of nine books and a multitude of articles appearing in scholarly publications, as well as numerous editorials, short articles, and book reviews. He is a frequent speaker for professional and scholarly organizations and has made many appearances on radio and television.
In addition Greve has provided congressional and state legislative testimony, has lobbied and consulted in federal agency proceedings, and has provided litigation services and management in over 30 cases, including matters before the U.S. Supreme Court.
Senior Fellow, Ave Maria School of Law and Host of the Four Boxes Diner Second Amendment Channel
Mark W. Smith is Visiting Fellow in Pharmaceutical Public Policy and Law in the Department of Pharmacology at the University of Oxford; Presidential Scholar and a Senior Fellow in Law and Public Policy at The King’s College; and Distinguished Scholar and Senior Fellow of Law and Public Policy at the Ave Maria School of Law.
He is a constitutional attorney and Host of the Four Boxes Diner YouTube channel—which provides scholarly and historical analyses of the Second Amendment. Mark is also a New York Times bestselling author.
Chief Judge, United States Court of Appeals, Fifth Circuit
Jennifer Walker Elrod is the Chief Judge of the United States Court of Appeals for the Fifth Circuit. She was nominated to the Fifth Circuit in 2007, and she served as a Circuit Judge on the court until assuming the role of Chief Judge in October 2024. Prior to serving as a Circuit Judge, Chief Judge Elrod was appointed and then twice elected Judge of the 190th District Court of Harris County, Texas, where she spent over five years presiding over more than 200 jury and non-jury trials.
Chief Judge Elrod graduated cum laude from Harvard Law School, where she was an active member of the Harvard Federalist Society, an Ames Moot Court finalist, and a Senior Editor of the Harvard Journal of Law & Public Policy. She clerked for the Honorable Sim Lake in the Southern District of Texas. Before serving as a judge, Chief Judge Elrod worked in private practice, focusing on civil litigation, antitrust, and employment matters.
She has been repeatedly recognized for her work as a jurist, as well as for her pro bono work and contributions to the community. She has been named the 2022 Texas Review of Law & Politics’ Jurist of the Year, the 2018 Harvard Federalist Society’s Alumni of the Year, the 2016–17 Texas Association of Civil Trial and Appellate Specialists’ Appellate Judge of the Year, and the 2008 Mexican-American Bar Association of Texas’s Judge of the Year.
Chief Judge Elrod is actively engaged in the academic and legal communities. Chief Judge Elrod currently serves on the Board of Directors and as the Jurist-in-Residence at the South Texas College of Law, where she teaches civil procedure and First Amendment law. She is also a member of the American Law Institute and of the Board of Advisors for the Harvard Journal of Law & Public Policy, and she is a former member of the Board of Regents of her alma mater, Baylor University, and the Board of Visitors at Brigham Young University Law School. She previously served as the Chair of the Codes of Conduct Committee for the Judicial Conference of the United States. She has also served as the M.D. Anderson Visiting Public Service Professor at the Texas Tech University School of Law and as Jurist-in-Residence at Brigham Young University Law School, and she has taught legal writing at the University of Houston Law Center. She presented the Lewis F. Powell, Jr. Distinguished Lecture at the Washington and Lee University School of Law and is a frequent speaker on the topics of trial and appellate procedure, ethics, employment law, and constitutional law. Chief Judge Elrod also serves on the board of the Garland R. Walker Inn of Court, and co-produces an annual musical CLE, for which her pupilage group has won multiple national awards.
Chief Judge Elrod’s publications include: Trial by Siri: AI Comes to the Courtroom; Don’t Mess with Texas Judges: In Praise of the State Judiciary; For Good: Enriching Your Practice and Your Life Through Pro Bono and Community Service; Is the Jury Still Out?: A Case for the Continued Viability of the American Jury; and W(h)ither the Jury? The Diminishing Role of the Jury Trial in our Legal System.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
Professor of Law, Antonin Scalia Law School
Professor of Law Michael S. Greve joined the faculty of the Antonin Scalia Law School, George Mason University in fall 2012 after having served as John G. Searle Scholar at the American Enterprise Institute (AEI), where he specialized in constitutional law, courts, and business regulation and served as chairman of the Competitive Enterprise Institute. Prior to joining AEI, Greve was founder and co-director of the Center for Individual Rights, a public interest law firm specializing in constitutional litigation.
Greve has served previously as an adjunct professor at a number of universities, including Cornell and Johns Hopkins Universities, and has been a visiting professor at Boston College since 2004. He was awarded a PhD and an MA in government by Cornell University. Greve also earned a Diploma from the University of Hamburg in Germany.
A prolific writer, Greve is the author of nine books and a multitude of articles appearing in scholarly publications, as well as numerous editorials, short articles, and book reviews. He is a frequent speaker for professional and scholarly organizations and has made many appearances on radio and television.
In addition Greve has provided congressional and state legislative testimony, has lobbied and consulted in federal agency proceedings, and has provided litigation services and management in over 30 cases, including matters before the U.S. Supreme Court.
Senior Fellow, Ave Maria School of Law and Host of the Four Boxes Diner Second Amendment Channel
Mark W. Smith is Visiting Fellow in Pharmaceutical Public Policy and Law in the Department of Pharmacology at the University of Oxford; Presidential Scholar and a Senior Fellow in Law and Public Policy at The King’s College; and Distinguished Scholar and Senior Fellow of Law and Public Policy at the Ave Maria School of Law.
He is a constitutional attorney and Host of the Four Boxes Diner YouTube channel—which provides scholarly and historical analyses of the Second Amendment. Mark is also a New York Times bestselling author.
Partner, Mayer Brown LLP
An experienced appellate lawyer, Tim Bishop has argued five cases and briefed more than 60 before the US Supreme Court and has successfully handled dozens of appeals in federal and state appellate courts. He also represents clients in dispositive dismissal, summary judgment, and class certification motions in federal and state trial courts. Tim is co-author of the leading treatise, Supreme Court Practice(9th ed., 2007), a contributor to Federal Appellate Practice (2008), and a prolific author and speaker in the areas of appellate practice, environmental law, and securities law.
Tim has substantial experience in environmental and land use litigation (especially under the Clean Water Act, Endangered Species Act, Clean Air Act, federal and state Takings Clauses, and nuisance law), securities and antitrust litigation, class certification, federal and state tax controversies, labor and employment law, and constitutional appeals and litigation. In the securities area, he has submitted successful party or amicus briefs in most of the Supreme Court’s recent cases, including Dabit, Dura, Tellabs, Billing, Stoneridge, andAmchem, as well as in leading lower-court cases such as In re IPO Securities Litigation and Newton. He has broad experience in defeating class certification in complex litigation.
In the environmental law area Tim has been ranked as a top practitioner by Chambers, Best Lawyers in America, Euromoney's Best of the Best USA, and other publications, which have called him "the go-to guy if you have a serious environmental issue on appeal - he is excellent at spotting issues and is a great appellate advocate" (Chambers 2009). Tim is ranked Band 1 in Chambers USA 2012 in Environmental Law ("sources unanimously consider Bishop to be an exceptionally strong appellate lawyer") and Legal 500 2012 comments, "Bishop is 'superb and provides exemplary service.'" Tim successfully argued Solid Waste Agency of Northern Cook County in the Supreme Court, in which the Court struck down the Corps of Engineer’s "migratory bird rule." One leading environmental law professor and practitioner has written that Tim is "industry’s leading Supreme Court lawyer in environmental cases."
Since 1995, Tim has been a partner in Mayer Brown LLP’s 60-strong Supreme Court and Appellate Litigation Practice (which "stands head and shoulders above its competitors," according to Chambers USA 2008). Previously, he served as Law Clerk to US Supreme Court Justice William J. Brennan, Jr., and to Judge James L. Oakes, US Court of Appeals for the Second Circuit, and was Staff Counsel and Skadden Fellow with the American Civil Liberties Union. Recently, Tim was named one of Benchmark’s 2013 Appellate Illinois Litigation Stars.Chambers USA (2007) notes Tim’s “high visibility” and “incredible reputation for appellate law,” and he has been described in theLawdragon 500 as "a high court superstar" and a "top advocate" (2006).
Professor of Law, University of California Hastings College of the Law in San Francisco
Professor Dave Owen teaches courses in environmental, natural resources, water, land use, and administrative law. His interest in the subject area began when he was about six years old and his parents denied him access to all television except for PBS wildlife specials. He then became inordinately interested in poachers. He went on to study geology in college, primarily because the labs were outside, and became an environmental consultant. During one hot summer day of hazardous waste site sampling, while sweating miserably in a Tyvek suit and inhaling aniline fumes, he decided graduate school sounded like a nice idea. So he became an environmental lawyer. He went to Berkeley Law, where he served as editor-in-chief of Ecology Law Quarterly and was selected for the Order of the Coif.
Professor Owen went on to clerk at federal district court and then work for a small law firm in San Francisco, where his practice focused primarily on water law. He worked on Colorado River allocation, Sacramento-San Joaquin Delta litigation, and federal state disputes over the proposed Yucca Mountain nuclear waste repository, among other matters. In 2007, he began teaching at the University of Maine School of Law. He joined the Hastings faculty in 2015.
His research focuses primarily on water resource management, and some recent projects have addressed taxation of water consumption, the roles of federal regional offices, stream protection under the Clean Water Act, policies to expedite dam removals and hydropower upgrades, and the intersection of groundwater use regulation and the takings clause. Four of his articles have been recognized by his peers as among the top environmental law articles of their respective years; another article has won the Morrison Prize as the top sustainability law article of its year, and he has presented three articles at the Harvard Stanford-Yale Junior Faculty Forum. He also contributes frequently to the Environmental Law Prof Blog.
General Counsel - International, Willis Towers Watson
Todd F. Braunstein is General Counsel - International as well as Head of Global Investigations at Willis Towers Watson, an insurance broking and consulting firm with $9 billion in revenues, 45,000 employees, and business in 140+ countries. He previously worked as a federal prosecutor, at two DC law firms, and in the White House.
A.B., Harvard College; J.D., Harvard Law School
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Last week, the Fifth Circuit became the third circuit court to consider whether administrative law...
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Religious Liberties Practice Group Teleforum
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Weyerhaeuser v. U.S. Fish and Wildlife Service
Environmental Law & Property Rights Teleforum
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While working for Digital Reality Trust, Paul Somers filed reports to senior management concerned about...
Courthouse Steps: Digital Reality Trust, Inc. v. Somers
Criminal Law & Procedure Practice Group Teleforum
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Libel law leads two lives. Most famously, there is the life of presidential candidates and...
Conservative Public-Interest Litigation in the Modern Era
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A number of conservative and libertarian organizations have engaged in litigation against regulatory overreach in...
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Jennifer Walker Elrod, Theodore "Ted" Frank, Michael S. Greve, Kate Comerford Todd, Mark W. Smith
A number of conservative and libertarian organizations have engaged in litigation against regulatory overreach in...