Clayton J. and Henry R. Barber Professor of Law, Northwestern University Pritzker School of Law and Co-Chairman, Board of Directors, The Federalist Society
STEVEN GOW CALABRESI is the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law. He has also co-taught in the Fall semester at Yale Law School from 2013 to the present. Calabresi clerked for Justice Antonin Scalia and Judges Robert H. Bork and Ralph K. Winter. He was a Special Assistant to Attorney General Meese from 1985 to 1987 and worked with Ken Cribb as his deputy in 1987 on the second floor of the West Wing of the Reagan White House. Calabresi has written books on presidential power and comparative constitutional law and the origins of judicial review. He and Gary Lawson are the co-editors of a casebook on U.S. Constitutional Law, and Calabresi is also the co-editor of a casebook on comparative constitutional law. He has written over seventy law review articles since 1990.
Ellison C. Palmer Professor of Tax Law, Mercer University School of Law
Linda Jellum is the Ellison C. Palmer Sr. Professor of Law at Mercer University School of Law and a visiting professor at Tulane University School of law. She teaches Tax Courses, Administrative Law, and Statutory Interpretation. In addition to teaching, Professor Jellum is a prolific scholar and has written extensively in the areas of Tax Law, Administrative Law, and Statutory Interpretation. Her numerous articles have appeared in top law journals, such as the Southern Methodist Law Review, the Miami Law Review, the UCLA Law Review, and the Ohio State Law Journal. She has also authored multiple books and book chapters on statutory interpretation.
Professor Jellum has been a leader in legal education. She is currently the Treasurer for the Southeastern Association of Law Schools; Chair of the Association of American Law School’s Section on Administrative Law; and Vice-chair for American Bar Association Section’s on Administrative Law and Regulatory Practice. Formerly, she served as the Deputy Director for the Association of American Law Schools.
Before joining the faculty, Professor Jellum worked for the Washington State Attorney General’s office. While there, she served as lead attorney for the Department of Social and Health Services. Prior to working as an assistant attorney general, she served as a law clerk for the Honorable Paul Yesawich.
Professor Jellum received her J.D. from Cornell Law School and her undergraduate degree from Cornell University. She has the unique honor of having sat for and passed five states’ bar exams.
SSRN: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=624243
Judge, United States Court of Appeals, Fifth Circuit
Edith Jones graduated from Alamo Heights High School, where she was a National Merit Scholar. In 1971, she received her B.A. in Economics from Cornell University, graduating with honors. In 1974, she was awarded her J.D. at the University of Texas Law School, where she was a law review editor and received the Order of the Coif.
Judge Jones was the first female partner at Andrews, Kurth, Campbell & Jones (now Hunton Andrews Kurth) where she practiced various types of litigation and bankruptcy cases. Judge Jones went on the federal bench on June 1, 1985.
Judge Jones served as a former member of the National Bankruptcy Review Commission, and as a member of the Judicial Conference Commission on Bankruptcy Rules. Judge Jones served on the White House Fellows Commission. Judge Jones served on the board of the Sam Houston Area Council of the Boy Scouts of America. She has been a member of the Garland Walker Inn of Court in Houston for more than 20 years and its President for at least ten years. Judge Jones is also on the Board of the Calvin Coolidge Presidential Foundation.
Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
Harlan Fiske Stone Professor of Constitutional Law, Columbia Law School
A leading administrative and constitutional law scholar, Gillian Metzger ’96 writes and teaches in the areas of administrative law, constitutional law, and federal courts, with an emphasis on federalism and privatization. In 2023-2024, she served as Acting Assistant Attorney General and Deputy Assistant Attorney General in the Office of Legal Counsel in the Department of Justice.
Metzger's recent work covers topics ranging from constitutional attacks on the administrative state to appropriations, administrative law under the Roberts Court, and the role of administrative agencies in a polarized world. In 2015, Metzger won the American Bar Association Administrative Law Section Annual Scholarship Award for “The Constitutional Duty to Supervise,” which examined presidential control and oversight of the modern administrative state. She is a co-editor of Gellhorn & Byse’s Administrative Law: Cases and Comments, 13th ed. (Foundation Press, 2023), a seminal administrative law casebook.
Professor Metzger was recently elected to the American Academy of Arts & Sciences and is a Senior Fellow of the Administrative Conference of the United States. In 2020, she was awarded Columbia University's Faculty Mentorship Award and in 2014, the Law School’s graduating class awarded Metzger the Willis L.M. Reese Prize for Excellence in Teaching, recognizing, among many other accomplishments, her commitment to mentoring new generations of law students.
In 2012, Metzger helped launch Columbia Law School’s Center for Constitutional Governance (CCG)—where she now serves as faculty director—a nonpartisan legal and policy organization devoted to the study of constitutional structure and authority. CCG brings together a diverse group of constitutional scholars to explore policy areas such as health care, civil rights, immigration, financial regulation, and national security.
Metzger also has co-authored and filed numerous amicus briefs in major constitutional and administrative law challenges before the Supreme Court and other courts. Most recently, Metzger filed a brief in Seila Law Center v. CFPB, a separation of powers challenge, and in Kisor v. Wilkie, a case involving judicial deference to agencies. She has also filed briefs in cases involving reproductive rights and the Affordable Care Act, among others.
Previously, Metzger served as vice dean of intellectual life at Columbia Law School. Before joining the Law School, she worked as an attorney with the Brennan Center for Justice. Metzger also clerked for U.S. Supreme Court Justice Ruth Bader Ginsburg ’59 and Judge Patricia M. Wald of the U.S. Circuit Court of Appeals for the District of Columbia. In 2018, Metzger moderated a panel discussion with Justice Ginsburg on impact litigation at Columbia Law School.
Edward F. Berbarie represents and advises clients in a wide range of employment and traditional labor related matters. Mr. Berbarie is board certified in labor and employment law by the Texas Board of Legal Specialization, and he has significant experience in representing and advising clients in complex commercial disputes.
Mr. Berbarie is one of the firm’s subject matter resources in the field of employment arbitration agreements and a core member of Littler’s Alternative Dispute Resolution Practice Group. A large part of his practice is devoted to drafting and enforcing arbitration agreements and arbitrating labor and employment matters. He has argued arbitration enforcement issues in state and federal courts across the country, including appellate and state supreme courts. He was counsel for petitioner in a case involving arbitration enforcement issues that was successful before the U. S. Supreme Court. He frequently writes and speaks on arbitration topics, including the latest developments in arbitration law.
Mr. Berbarie has defended clients in all types of cases from single-plaintiff matters to class action and collective actions. Additionally, he has successfully defended management numerous times against grievances and unfair labor practice charges.
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.
Laurence H. Silberman Chair in Constitutional Governance, American Enterprise Institute; Executive Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. He also directs the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
He writes on regulation and constitutional government for a variety of publications. He practiced law in Washington, D.C., after clerking for the D.C. Circuit's Judge David Sentelle. He also has been chairman of the ABA's Administrative Law Section.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court.
Partner and Co-Chair, Constitutional and Appellate Law Practice Group, Gibson, Dunn & Crutcher LLP
Allyson N. Ho is a partner in the Dallas office of Gibson, Dunn & Crutcher LLP and co‐chair of the Firm’s nationwide Appellate and Constitutional Law practice group.
Mrs. Ho is “undoubtedly one of the premier appellate lawyers in the United States” (Chambers). She has presented over 100 oral arguments in federal and state courts nationwide, including multiple high‐stakes cases on behalf of business before the U.S. Supreme Court.
Her most significant winning arguments include a U.S. Supreme Court reversal worth billions of dollars for unionized employers in the Sixth Circuit; a U.S. Supreme Court reversal limiting the power of federal regulators; a multi‐billion dollar environmental win in the Fifth Circuit; a multi‐billion dollar commercial victory for the founder of a technology company in the Appellate Division of the New York Supreme Court; a billion dollar environmental win in the Houston Court of Appeals; a nine‐figure commercial victory in the Corpus Christi Court of Appeals; and a nine‐figure arbitration win in the Fifth Circuit.
Among her numerous accolades, Mrs. Ho is one of only a small group of appellate lawyers nationwide, and the only one in Texas, to be nationally ranked by Chambers every year for the past ten years (2012‐21). She is also one of the few appellate lawyers nationwide to be named to the BTI Client Service All‐Stars List, an honor bestowed by the corporate counsel community for lawyers “who stand above all the others in delivering the absolute best in client service.” She is also routinely named as a leading appellate lawyer by Benchmark, The Best Lawyers in America®, The Legal 500, Texas Super Lawyers, and D Magazine.
Mrs. Ho has received the Gregory S. Coleman Outstanding Appellate Lawyer Award (Texas Bar Foundation, June 22, 2018), been named a “Distinguished Leader” (Texas Lawyer, Sep. 1, 2017) and “Appellate MVP” (Law360, Nov. 23, 2015), and been recognized on the “Appellate Hot List” (National Law Journal, Nov. 16, 2015). In addition, she has been profiled in “Texas Powerhouse” (Law360, Aug. 2, 2021), “Texas Appellate Power Couple” (Texas Lawbook, January 7, 2021), “Litigators of the Week” (The American Lawyer, May 8, 2020), “Litigation Powerhouse” (Law360, Aug. 10, 2016), “Supreme Court Insider” (National Law Journal, July 21, 2016), “Supreme Court Specialists, Mostly Male, Dominated Arguments This Term” (National Law Journal, May 11, 2016), “Attorney of the Year Finalist” (Texas Lawyer, Nov. 2, 2015), “Litigation Department of the Year” (Texas Lawyer, June 1, 2015), “Employment Group of the Year” (Law360, Jan. 13, 2015), “A Supreme Month: Lawyer Credits Preparedness in Ability to Argue Two U.S. High Court Cases in Three Weeks” (Texas Lawyer, Dec. 8, 2014), “High Court Debuts for Two Lawyers” (National Law Journal, Nov. 3, 2014), “Women in Business Awards” (Dallas Business Journal, Aug 29, 2014), “Litigation Departments of the Year” (Texas Lawyer, June 2, 2014), “Winning Women” (Texas Lawyer, Aug. 22, 2011), and “High court practitioners: increasingly diverse” (National Law Journal, June 6, 2011).
Federal and State Appellate Practice
Mrs. Ho has argued a series of high stakes, landmark cases on behalf of the business community before the U.S. Supreme Court. National Law Journal called her a “Veteran SCOTUS Advocate” in the “upper echelons of Supreme Court practice.” Law360 named her a “Supreme Court Star” and “one of the nation’s preeminent appellate lawyers.” And EmpiricalSCOTUS.com ranked her among “the most successful attorneys that currently practice before the Court.” Mrs. Ho once argued two significant business cases before the Court within the span of 21 days—including a “significant ruling for employers” that “paved a new path for companies paying millions of dollars in retiree health care benefits” (Law360), as well as a landmark administrative law dispute in which “several justices agreed with Ho’s contention that SCOTUS should revisit and overrule its own precedent” (Law360). She also prevailed against the EEOC in a case that the employment defense bar called “good news for employers across the country.” And in “the most important patent case in modern history” according to patent law experts, her argument before the Court was credited for “pick[ing] up two votes that pundits thought unreachable.”
She has appeared before every federal court of appeals in the country, including en banc arguments before the Fourth and Sixth Circuits. She has successfully represented business clients in every circuit, including the First (Pruco Life Insurance Company), Second (Swiss Federation; Rite Aid), Third (Johnson & Johnson), Fourth (Genex Services), Fifth (United Space Alliance LLC; Elliott Co.; MERSCORP; 24 Hour Fitness USA, Inc.; Stream Energy; Health Management Systems), Sixth (Deutsche Bank; American Airlines; M&G Polymers), Seventh (Expedia), Eighth (Cotter), Ninth (Boeing; JP Morgan Chase Bank), Tenth (Mitchell International), Eleventh (AstraZeneca), D.C. (FedEx), and Federal (Repros Therapeutics) Circuits.
In addition, Mrs. Ho regularly appears in state appellate courts across the country. She has argued numerous cases in the Texas Supreme Court, Texas appellate courts in Dallas, Houston, San Antonio, Corpus Christi, and Eastland, and state appellate courts in Arizona, Michigan, New York, Ohio, Oklahoma, and West Virginia, prevailing on behalf of Ford Motor Company, PepsiCo, International Paper, Tenet, GameStop, Deutsche Bank, and Unit.
Government and Public Service Experience
Mrs. Ho has a distinguished record of experience at the highest levels of the federal government. She served as Special Assistant to President George W. Bush, Counselor to Attorney General John Ashcroft, and law clerk to Justice Sandra Day O’Connor of the U.S. Supreme Court and Judge Jacques L. Wiener Jr. of the U.S. Court of Appeals for the Fifth Circuit.
Her record of public service also includes appointments to various boards and commissions. Among the most notable are her election as a member of the Administrative Conference of the United States, a trustee of the United States Supreme Court Historical Society, and a trustee of the Texas Supreme Court Historical Society. She is also vice chair of the Federal Judicial Evaluation Committee, appointed by U.S. Senators John Cornyn and Ted Cruz to evaluate potential appointments of all federal judges and U.S. Attorneys in Texas, and has previously served on the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas.
Other Background Information
An active pro bono litigator, Mrs. Ho works most frequently with the First Liberty Institute and as amicus counsel for the State and Local Legal Center, the National Organization for Victim Assistance, and the National Crime Victim Law Institute. She is a frequent public speaker and active member of the Federalist Society, the American Law Institute, and the Washington Legal Foundation’s Legal Policy Advisory Board.
Mrs. Ho graduated from Duke University magna cum laude with a B.A. in English, Rice University with an M.A. and Ph.D. in English Literature, and the University of Chicago Law School with high honors. She was a member of the Law Review and Order of the Coif. She and her husband Jim, a federal judge, have a twin daughter and son.
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.
District Judge, United States District Court for the Northern District of Texas
Judge Brantley Starr was appointed to United States District Court for the Northern District of Texas in August 2019. Before his appointment, Judge Starr was the Deputy First Assistant Attorney General of Texas. Prior to that appointment, he served as Deputy Attorney General for Legal Counsel. From 2011 to 2015, Judge Starr served as career staff attorney to Texas Supreme Court Justice Eva Guzman. From 2008 to 2011, he practiced at King & Spalding, LLP. He served in the Office of the Solicitor General from 2006 to 2008. Prior to that, Judge Starr clerked for then-Justice Don Willett on the Texas Supreme Court after serving at the Office of the Attorney General. Judge Starr received his law degree from the University of Texas School of Law and his bachelor of arts degree from Abilene Christian University in 2001. Judge Starr has taught the Origins of the Constitution Class at the University of Texas law, Texas A&M law, and SMU law.
Partner and Co-Chair, Constitutional and Appellate Law Practice Group, Gibson, Dunn & Crutcher LLP
Allyson N. Ho is a partner in the Dallas office of Gibson, Dunn & Crutcher LLP and co‐chair of the Firm’s nationwide Appellate and Constitutional Law practice group.
Mrs. Ho is “undoubtedly one of the premier appellate lawyers in the United States” (Chambers). She has presented over 100 oral arguments in federal and state courts nationwide, including multiple high‐stakes cases on behalf of business before the U.S. Supreme Court.
Her most significant winning arguments include a U.S. Supreme Court reversal worth billions of dollars for unionized employers in the Sixth Circuit; a U.S. Supreme Court reversal limiting the power of federal regulators; a multi‐billion dollar environmental win in the Fifth Circuit; a multi‐billion dollar commercial victory for the founder of a technology company in the Appellate Division of the New York Supreme Court; a billion dollar environmental win in the Houston Court of Appeals; a nine‐figure commercial victory in the Corpus Christi Court of Appeals; and a nine‐figure arbitration win in the Fifth Circuit.
Among her numerous accolades, Mrs. Ho is one of only a small group of appellate lawyers nationwide, and the only one in Texas, to be nationally ranked by Chambers every year for the past ten years (2012‐21). She is also one of the few appellate lawyers nationwide to be named to the BTI Client Service All‐Stars List, an honor bestowed by the corporate counsel community for lawyers “who stand above all the others in delivering the absolute best in client service.” She is also routinely named as a leading appellate lawyer by Benchmark, The Best Lawyers in America®, The Legal 500, Texas Super Lawyers, and D Magazine.
Mrs. Ho has received the Gregory S. Coleman Outstanding Appellate Lawyer Award (Texas Bar Foundation, June 22, 2018), been named a “Distinguished Leader” (Texas Lawyer, Sep. 1, 2017) and “Appellate MVP” (Law360, Nov. 23, 2015), and been recognized on the “Appellate Hot List” (National Law Journal, Nov. 16, 2015). In addition, she has been profiled in “Texas Powerhouse” (Law360, Aug. 2, 2021), “Texas Appellate Power Couple” (Texas Lawbook, January 7, 2021), “Litigators of the Week” (The American Lawyer, May 8, 2020), “Litigation Powerhouse” (Law360, Aug. 10, 2016), “Supreme Court Insider” (National Law Journal, July 21, 2016), “Supreme Court Specialists, Mostly Male, Dominated Arguments This Term” (National Law Journal, May 11, 2016), “Attorney of the Year Finalist” (Texas Lawyer, Nov. 2, 2015), “Litigation Department of the Year” (Texas Lawyer, June 1, 2015), “Employment Group of the Year” (Law360, Jan. 13, 2015), “A Supreme Month: Lawyer Credits Preparedness in Ability to Argue Two U.S. High Court Cases in Three Weeks” (Texas Lawyer, Dec. 8, 2014), “High Court Debuts for Two Lawyers” (National Law Journal, Nov. 3, 2014), “Women in Business Awards” (Dallas Business Journal, Aug 29, 2014), “Litigation Departments of the Year” (Texas Lawyer, June 2, 2014), “Winning Women” (Texas Lawyer, Aug. 22, 2011), and “High court practitioners: increasingly diverse” (National Law Journal, June 6, 2011).
Federal and State Appellate Practice
Mrs. Ho has argued a series of high stakes, landmark cases on behalf of the business community before the U.S. Supreme Court. National Law Journal called her a “Veteran SCOTUS Advocate” in the “upper echelons of Supreme Court practice.” Law360 named her a “Supreme Court Star” and “one of the nation’s preeminent appellate lawyers.” And EmpiricalSCOTUS.com ranked her among “the most successful attorneys that currently practice before the Court.” Mrs. Ho once argued two significant business cases before the Court within the span of 21 days—including a “significant ruling for employers” that “paved a new path for companies paying millions of dollars in retiree health care benefits” (Law360), as well as a landmark administrative law dispute in which “several justices agreed with Ho’s contention that SCOTUS should revisit and overrule its own precedent” (Law360). She also prevailed against the EEOC in a case that the employment defense bar called “good news for employers across the country.” And in “the most important patent case in modern history” according to patent law experts, her argument before the Court was credited for “pick[ing] up two votes that pundits thought unreachable.”
She has appeared before every federal court of appeals in the country, including en banc arguments before the Fourth and Sixth Circuits. She has successfully represented business clients in every circuit, including the First (Pruco Life Insurance Company), Second (Swiss Federation; Rite Aid), Third (Johnson & Johnson), Fourth (Genex Services), Fifth (United Space Alliance LLC; Elliott Co.; MERSCORP; 24 Hour Fitness USA, Inc.; Stream Energy; Health Management Systems), Sixth (Deutsche Bank; American Airlines; M&G Polymers), Seventh (Expedia), Eighth (Cotter), Ninth (Boeing; JP Morgan Chase Bank), Tenth (Mitchell International), Eleventh (AstraZeneca), D.C. (FedEx), and Federal (Repros Therapeutics) Circuits.
In addition, Mrs. Ho regularly appears in state appellate courts across the country. She has argued numerous cases in the Texas Supreme Court, Texas appellate courts in Dallas, Houston, San Antonio, Corpus Christi, and Eastland, and state appellate courts in Arizona, Michigan, New York, Ohio, Oklahoma, and West Virginia, prevailing on behalf of Ford Motor Company, PepsiCo, International Paper, Tenet, GameStop, Deutsche Bank, and Unit.
Government and Public Service Experience
Mrs. Ho has a distinguished record of experience at the highest levels of the federal government. She served as Special Assistant to President George W. Bush, Counselor to Attorney General John Ashcroft, and law clerk to Justice Sandra Day O’Connor of the U.S. Supreme Court and Judge Jacques L. Wiener Jr. of the U.S. Court of Appeals for the Fifth Circuit.
Her record of public service also includes appointments to various boards and commissions. Among the most notable are her election as a member of the Administrative Conference of the United States, a trustee of the United States Supreme Court Historical Society, and a trustee of the Texas Supreme Court Historical Society. She is also vice chair of the Federal Judicial Evaluation Committee, appointed by U.S. Senators John Cornyn and Ted Cruz to evaluate potential appointments of all federal judges and U.S. Attorneys in Texas, and has previously served on the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas.
Other Background Information
An active pro bono litigator, Mrs. Ho works most frequently with the First Liberty Institute and as amicus counsel for the State and Local Legal Center, the National Organization for Victim Assistance, and the National Crime Victim Law Institute. She is a frequent public speaker and active member of the Federalist Society, the American Law Institute, and the Washington Legal Foundation’s Legal Policy Advisory Board.
Mrs. Ho graduated from Duke University magna cum laude with a B.A. in English, Rice University with an M.A. and Ph.D. in English Literature, and the University of Chicago Law School with high honors. She was a member of the Law Review and Order of the Coif. She and her husband Jim, a federal judge, have a twin daughter and son.
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.
District Judge, United States District Court for the Northern District of Texas
Judge Brantley Starr was appointed to United States District Court for the Northern District of Texas in August 2019. Before his appointment, Judge Starr was the Deputy First Assistant Attorney General of Texas. Prior to that appointment, he served as Deputy Attorney General for Legal Counsel. From 2011 to 2015, Judge Starr served as career staff attorney to Texas Supreme Court Justice Eva Guzman. From 2008 to 2011, he practiced at King & Spalding, LLP. He served in the Office of the Solicitor General from 2006 to 2008. Prior to that, Judge Starr clerked for then-Justice Don Willett on the Texas Supreme Court after serving at the Office of the Attorney General. Judge Starr received his law degree from the University of Texas School of Law and his bachelor of arts degree from Abilene Christian University in 2001. Judge Starr has taught the Origins of the Constitution Class at the University of Texas law, Texas A&M law, and SMU law.
Edward F. Berbarie represents and advises clients in a wide range of employment and traditional labor related matters. Mr. Berbarie is board certified in labor and employment law by the Texas Board of Legal Specialization, and he has significant experience in representing and advising clients in complex commercial disputes.
Mr. Berbarie is one of the firm’s subject matter resources in the field of employment arbitration agreements and a core member of Littler’s Alternative Dispute Resolution Practice Group. A large part of his practice is devoted to drafting and enforcing arbitration agreements and arbitrating labor and employment matters. He has argued arbitration enforcement issues in state and federal courts across the country, including appellate and state supreme courts. He was counsel for petitioner in a case involving arbitration enforcement issues that was successful before the U. S. Supreme Court. He frequently writes and speaks on arbitration topics, including the latest developments in arbitration law.
Mr. Berbarie has defended clients in all types of cases from single-plaintiff matters to class action and collective actions. Additionally, he has successfully defended management numerous times against grievances and unfair labor practice charges.
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.
Showcase Panel I: Administrative Agencies and the Federal Judiciary
2017 National Lawyers Convention
Washington, DCTopics
NLC: The Future of Libel Law
Libel law leads two lives. Most famously, there is the life of presidential candidates and...
Topics
NLC: Administrative Agencies and the Federal Judiciary
Statutory administrative law judges (ALJ) located within each agency adjudicate administrative law cases brought by...
Panel One: Executive Power Over Immigration
Allyson Newton Ho, Jerry E. Smith, Brantley Starr
What is the constitutional and statutory scope of the Executive Branch’s power in the area...
Courthouse Steps: National Labor Relations Board v. Murphy Oil USA, Inc.
Edward F. Berbarie
Employers across the country are anxiously awaiting a ruling from the United States Supreme Court...
Burgess v. FDIC, the Appointments Clause, and the Separation of Powers
Oliver Dunford
Last week, the Fifth Circuit became the third circuit court to consider whether administrative law...
Courthouse Steps: National Labor Relations Board v. Murphy Oil USA, Inc.
Labor & Employment Law Practice Group Teleforum
TeleforumPanel Two: Ethics in the Executive Branch
2017 Annual Texas Chapters Conference
Houston, TXPanel One: Executive Power Over Immigration
2017 Annual Texas Chapters Conference
Houston, TXDocket Watch: Burgess v. FDIC, the Appointments Clause, and the Separation of Powers
Last week, the Fifth Circuit became the third circuit court to consider whether administrative law...