Director, Commercial Freedom; Senior Fellow, R Street Institute
C. Jarrett Dieterle researches and writes on regulatory affairs, alcohol policy, occupational licensing and other commercial freedom issues. He also oversees the Institute’s postal, labor and disintermediation policy programs.
Jarrett previously worked as a regulatory attorney at a Washington law firm. In that role, he advised private companies on how to navigate complex regulatory regimes and helped them challenge overreaching regulations. He also practiced appellate advocacy, co-authoring several Supreme Court amicus briefs. He previously clerked for a federal judge on the U.S. Court of Federal Claims, and has worked and written for numerous policy organizations and think tanks such as the Reason Foundation, Manhattan Institute, Mackinac Center, Federalist Society, Institute for Justice, Atlantic Legal Foundation and the Washington Legal Foundation.
Jarrett earned his bachelor’s from the University of Richmond, with a major in political science and minor in economics. He received his juris doctor from Georgetown University Law Center.
Jarrett currently lives in Richmond, Virginia with his wife, Maria, and their Australian shepherd, Pepper.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Professor of Law, The College of the Law, University of California San Francisco
Professor Zachary Price has taught at UC Law SF since 2013 and currently holds the Eucalyptus Foundation Endowed Chair. He joined UC Law SF following a fellowship at the Stanford Constitutional Law Center, and before entering academics, he served for three years as an attorney in the U.S. Justice Department’s Office of Legal Counsel. He has also worked as a litigator in private practice and clerked for Judge Catherine C. Blake of the U.S. District Court for the District of Maryland, Judge David S. Tatel of the U.S. Court of Appeals for the District of Columbia Circuit, and Justice Anthony M. Kennedy of the U.S. Supreme Court. He graduated from Harvard Law School magna cum laude and from Stanford University with honors and distinction.
Professor Zachary S. Price teaches and writes about constitutional law, administrative law, and criminal and civil law enforcement. His book Constitutional Symmetry: Judging in a Divided Republic is forthcoming with Cambridge University Press in summer 2024. His scholarly articles include “Faithful Execution in the Fifty States” in the Georgia Law Review, “Congress’s Power Over Military Offices” in the Texas Law Review, “Funding Restrictions and Separation of Powers” in the Vanderbilt Law Review, “Enforcement Discretion and Executive Duty” in the Vanderbilt Law Review, and “NAMUDNO’s Non-Existent Principle of State Equality” in the New York University Law Review Online. Professor Price has also contributed to publications including the Wall Street Journal, Washington Post, Scotusblog, Notice and Comment, Administrative and Regulatory News, Law and Liberty, Balkinization, the Supreme Court of California Blog, the State and Local Government Blog, and the Take Care Blog. In fall 2023, Professor Price was the Bruce Bromley Visiting Professor of Law at Harvard Law School.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Judge, U.S. District Court for the Southern District of Texas
Hon. Charles Eskridge, Judge, United States District Court for the Southern District of Texas, Houston Division, was born in Cleveland, Ohio, and arrived in Houston, Texas, at the age of 11 with his parents in 1974.
Judge Eskridge received a B.S. from Trinity University and a J.D. from Pepperdine University School of Law. He served as a law clerk to Chief Judge Charles Clark of the United States Court of Appeals for the Fifth Circuit, as a law clerk to Justice Byron White of the Supreme Court of the United States, and as a special assistant to the Hon. Howard Holtzmann of the Iran/U.S. Claims Tribunal in The Hague.
From 1994 to 2019, Judge Eskridge was in private practice in Houston, Texas, litigating complex commercial disputes. He teaches Origins of the Federal Constitution at the University of Houston Law Center and has served as the Distinguished Visiting Practitioner of Law at the Pepperdine University School of Law.
President Donald J. Trump nominated him to the federal bench on May 3, 2019. Following confirmation by the Senate, Judge Eskridge took his seat on October 22, 2019.
Costa is a partner in Gibson Dunn’s Houston office and co-chair of the firm’s Trials Practice Group. Mr. Costa offers clients a unique perspective as the only former federal trial and appellate judge trying cases and leading investigations. His broad experience—having handled complex civil and criminal matters, at trial and on appeal, as advocate and judge—allows him to offer invaluable skills and strategic insights.
Before joining Gibson Dunn, Mr. Costa served for more than ten years as a federal trial and appellate judge. He served on the U.S. Court of Appeals for the Fifth Circuit from 2014 to 2022. After his nomination by President Obama, the Senate confirmed him by a vote of 97-0. No federal appellate judge nominated since has received more votes. Mr. Costa first served as a district judge for the Southern District of Texas from 2012 to 2014. When appointed to the bench, he was the youngest-sitting federal judge at age 39. Mr. Costa presided over thirty federal trials in four different venues (he continued handling district court matters while serving on the court of appeals). He wrote precedential opinions in almost every area of the law, including antitrust, intellectual property, class actions, international arbitration, securities fraud, bankruptcy, conflicts of law, labor and employment, oil and gas, False Claims Act, administrative law, constitutional law, and criminal law. In press accounts of his tenure, he was described as an “exceptionally gifted jurist” with a “towering intellect” who was “respected by all sides.” The Federal Judicial Center invited Mr. Costa on multiple occasions to teach new federal district judges.
Before taking the bench, Mr. Costa was an Assistant U.S. Attorney in Houston from 2005 to 2012. As a prosecutor, he tried more than 15 jury trials, including serving as a lead prosecutor of Allen Stanford, the head of Stanford Financial Group, for orchestrating a multibillion-dollar international fraud scheme. Mr. Costa is featured in a documentary about the case, The Man Who Bought Cricket. A Reuters article about the trial quotes a victim who said that Mr. Costa’s closing argument “brought her to tears.” For his work on the Stanford case, Mr. Costa received the John Marshall Award for Trial of Litigation and the Assistant Attorney General’s Award for Exceptional Service. He also prosecuted cases involving kickbacks in the energy industry, public corruption, the Foreign Corrupt Practices Act, securities fraud, internet fraud, and counterfeit technology products. During his time as a federal prosecutor, Mr. Costa served as the Southern District of Texas’s Deputy International Affairs Coordinator, during which he assisted with investigations in more than a dozen countries.
Mr. Costa is a frequent speaker and author on legal topis, including writing for the ABA’s Litigation Journal on various trial-related issues. He also taught Federal Jurisdiction at the University of Houston Law Center, where he was named an Honorary Alumnus.
After college, Mr. Costa taught elementary school for two years in the Mississippi Delta through Teach for America. He has remained involved in the Delta and in education, launching a nonprofit in Mississippi, serving on the board of the Houston Urban Debate League, and helping teach Government at a Houston‑area charter school.
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.
U.S. Court of Appeals, Fifth Circuit
E. Grady Jolly is a federal judge on senior status with the United States Court of Appeals for the Fifth Circuit. He joined the court in 1982 after being nominated by President Ronald Reagan.
District Judge, United States District Court, Northern District of Texas
Matthew J. Kacsmaryk serves as United States District Judge for the Northern District of Texas.
He previously served in the (1) private, (2) government, and (3) nonprofit sectors:
Judge Kacsmaryk is an Honors graduate of the University of Texas Law School, where he joined the Federalist Society and served as an Executive Editor of the Texas Review of Law & Politics. Judge Kacsmaryk co-founded the Fort Worth Lawyers Chapter in 2012, coordinated the 2018 Texas Chapters Conference hosted by the Fort Worth Lawyers Chapter, and presently serves on its Advisory Board.
U.S. District Court for the Northern District of Texas
Reed Charles O'Connor is a federal judge on the United States District Court for the Northern District of Texas. He joined the court in 2007 after being nominated by President George W. Bush.
A native of Houston, Texas, O'Connor graduated from the University of Houston with his bachelor's degree in 1986 and from South Texas College of Law with his J.D. in 1989.
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.
Chairman, Supreme Court and Constitutional Law Practice, Baker Botts LLP
Aaron Streett is the Chairman of Baker Botts’ Supreme Court and Constitutional Law Practice. He has presented oral argument in scores of appeals, covering the U.S. Supreme Court and courts around the country—including over 40 arguments between the Fifth and D.C. Circuits alone. Mr. Streett’s practice involves virtually all substantive areas of the law, including commercial litigation, statutory interpretation, constitutional law, administrative law, securities, and jurisdictional issues. Mr. Streett maintains an active practice in the Supreme Court of the United States, having represented parties in merits cases seven times since 2010, as well as filing numerous amicus and certiorari-stage briefs. Mr. Streett was named one of only six “Appellate MVPs” for 2014 by Law360, which had previously recognized him in 2011 as one of the top five appellate “Rising Stars” under age 40. Mr. Streett has been featured on National Law Journal’s Appellate Hot List three times in recent years and in 2021 was named Houston’s “Lawyer of the Year” for Appellate Practice by Best Lawyers magazine. Mr. Streett is an elected member of the American Law Institute and a fellow of the American Academy of Appellate Lawyers. He serves on the Board of Directors for the Fifth Circuit Bar Association and previously served as President of the Houston Lawyers Chapter of the Federalist Society. Mr. Streett speaks regularly on the Supreme Court and constitutional law to attorneys and law students around the country. Following graduation from Hillsdale College and University of Texas School of Law, Mr. Streett served as a law clerk to the Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and to the Honorable William H. Rehnquist, Chief Justice of the United States.
The Sandbagging Phenomenon: How Governments Lower Eminent Domain Appraisals to Punish Landowners
Jarrett Dieterle
Note from the Editor: This article discusses a controversial practice known as “sandbagging” in eminent...
Misunderstanding of Statistics Confounds Analyses of Criminal Justice Issues in Baltimore and Voter ID Issues in Texas and North Carolina
I have written here before, most recently in “Things the President Doesn’t Know About Racial Disparities” (Aug....
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The Texas Chapter of the Federalist Society held its second annual chapter conference on September...
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James S. Burling
Note from the Editor: This article discusses the Supreme Court’s recent decision in United States Army...
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Zachary Price
On June 23, 2016, the Supreme Court decided Dollar General Corporation v. Mississippi Band of...
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