Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Partner, FisherBroyles LLP
Paul Beard II is an environmental and land-use partner with FisherBroyles LLP.
Judge, United States Court of Appeals, Fifth Circuit
Judge Edith Clement sits on the United States Court of Appeals for the Fifth Circuit. Judge Clement worked in a private practice as a maritime attorney in New Orleans, Louisiana, before being appointed in 1991 to the United States District Court for the Eastern District of Louisiana by President George H. W. Bush. In 2001, she was appointed by President George W. Bush to the United States Court of Appeals for the Fifth Circuit. Judge Clement is a member of the Maritime Law Association of the United States, the Federal Bar Association, the American Law Institute, the Federalist Society, the Tulane Law Schools Inn of Court, and the Committee on the Administrative Office of the Judicial Conference of the United States. She is a graduate of the University of Alabama and received her JD from Tulane Law School.
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
H. Bert and Ruth Mack Professor of Real Estate Law, Benjamin N. Cardozo School of Law
Professor Sterk’s publications span a wide variety of areas, ranging from property and land use regulation to trusts and estates, copyright, and the conflict of laws. A member of the American Law Institute, he served as an advisor in the preparation of the Restatement (Third) of Property (Servitudes). He has co–authored casebooks on Trusts and Estates and on Land Use, and he also edits the New York Real Estate Law Reporter, a monthly newsletter published with the assistance of Cardozo students.
The winner of a number of teaching awards at Cardozo, Professor Sterk has taught as a visiting professor at Columbia and at the University of Pennsylvania. While in law school, he served as managing editor of the Columbia Law Review, and he subsequently clerked for Chief Judge Charles D. Breitel of the New York Court of Appeals.
Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.
Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.
Partner, FisherBroyles LLP
Paul Beard II is an environmental and land-use partner with FisherBroyles LLP.
Judge, United States Court of Appeals, Fifth Circuit
Judge Edith Clement sits on the United States Court of Appeals for the Fifth Circuit. Judge Clement worked in a private practice as a maritime attorney in New Orleans, Louisiana, before being appointed in 1991 to the United States District Court for the Eastern District of Louisiana by President George H. W. Bush. In 2001, she was appointed by President George W. Bush to the United States Court of Appeals for the Fifth Circuit. Judge Clement is a member of the Maritime Law Association of the United States, the Federal Bar Association, the American Law Institute, the Federalist Society, the Tulane Law Schools Inn of Court, and the Committee on the Administrative Office of the Judicial Conference of the United States. She is a graduate of the University of Alabama and received her JD from Tulane Law School.
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
H. Bert and Ruth Mack Professor of Real Estate Law, Benjamin N. Cardozo School of Law
Professor Sterk’s publications span a wide variety of areas, ranging from property and land use regulation to trusts and estates, copyright, and the conflict of laws. A member of the American Law Institute, he served as an advisor in the preparation of the Restatement (Third) of Property (Servitudes). He has co–authored casebooks on Trusts and Estates and on Land Use, and he also edits the New York Real Estate Law Reporter, a monthly newsletter published with the assistance of Cardozo students.
The winner of a number of teaching awards at Cardozo, Professor Sterk has taught as a visiting professor at Columbia and at the University of Pennsylvania. While in law school, he served as managing editor of the Columbia Law Review, and he subsequently clerked for Chief Judge Charles D. Breitel of the New York Court of Appeals.
Partner, FisherBroyles LLP
Paul Beard II is an environmental and land-use partner with FisherBroyles LLP.
Judge, United States Court of Appeals, Fifth Circuit
Judge Edith Clement sits on the United States Court of Appeals for the Fifth Circuit. Judge Clement worked in a private practice as a maritime attorney in New Orleans, Louisiana, before being appointed in 1991 to the United States District Court for the Eastern District of Louisiana by President George H. W. Bush. In 2001, she was appointed by President George W. Bush to the United States Court of Appeals for the Fifth Circuit. Judge Clement is a member of the Maritime Law Association of the United States, the Federal Bar Association, the American Law Institute, the Federalist Society, the Tulane Law Schools Inn of Court, and the Committee on the Administrative Office of the Judicial Conference of the United States. She is a graduate of the University of Alabama and received her JD from Tulane Law School.
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
H. Bert and Ruth Mack Professor of Real Estate Law, Benjamin N. Cardozo School of Law
Professor Sterk’s publications span a wide variety of areas, ranging from property and land use regulation to trusts and estates, copyright, and the conflict of laws. A member of the American Law Institute, he served as an advisor in the preparation of the Restatement (Third) of Property (Servitudes). He has co–authored casebooks on Trusts and Estates and on Land Use, and he also edits the New York Real Estate Law Reporter, a monthly newsletter published with the assistance of Cardozo students.
The winner of a number of teaching awards at Cardozo, Professor Sterk has taught as a visiting professor at Columbia and at the University of Pennsylvania. While in law school, he served as managing editor of the Columbia Law Review, and he subsequently clerked for Chief Judge Charles D. Breitel of the New York Court of Appeals.
Senior Attorney, U.S. Commission on Civil Rights
Mr. Byrnes is a senior attorney at the United States Commission on Civil Rights and has served as an attorney to the Office of the Assistant Secretary for Civil Rights in the Department of Education.
Child Pornography: Proximate Cause and Restitution – Paroline v. United States
TeleforumEnvironmental Law: New Directions in Takings Law
Paul J. Beard, Edith Brown Clement, James L. Huffman, Thomas W. Merrill, Stewart E. Sterk
This past year, the Supreme Court decided three important regulatory takings cases, including Arkansas Game &...
Environmental Law: New Directions in Takings Law
Paul J. Beard, Edith Brown Clement, James L. Huffman, Thomas W. Merrill, Stewart E. Sterk
This past year, the Supreme Court decided three important regulatory takings cases, including Arkansas Game &...
Environmental Law: New Directions in Takings Law
2013 National Lawyers Convention
Washington, DCThe Nominee: A Political & Spiritual Journey
Executive Order 13583: Establishing a Coordinated Government-Wide Initiative to Promote Diversity
Christopher Byrnes
Note from the Editor: This article is about Executive Order (EO) 13583—Establishing a Coordinated Government-Wide...
The Judiciary
Florida Supreme Court Requires Fourth Amendment Protections for Emerging Technology
Caroline Levine
In Smallwood v. State of Florida, the Florida Supreme Court 2013 FL 1130 (Fla. 2013),...
Supreme Court Roundup
Dallas, TexasAn Analysis of the Supreme Court’s 2013 October Term
Fort Worth, Texas