Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Director, Independent Women's Law Center, Independent Women's
Jennifer C. Braceras, a member of the Federalist Society Board of Visitors, is the director of Independent Women’s Law Center and a former member of the U.S. Commission on Civil Rights.
Ms. Braceras is a graduate of the Harvard Law School, where she served as an editor of the Law Review. After law school, she clerked for two federal judges and practiced labor and employment law with the Boston law firm Ropes & Gray.
A long time political columnist and editor, Ms. Braceras's writing has appeared in a variety of publications, including the Wall Street Journal, the Boston Globe, the Hill, and National Review Online. She co-hosts At the Bar, a bimonthly virtual happy hour discussion about issues at the intersection of law, politics, and culture.
Partner, Marzulla Law
Roger J. Marzulla is one of the nation’s leading environmental, water, and property lawyers. As Assistant Attorney General in charge of the U.S. Justice Department’s Environment and Natural Resources Division, Roger learned first hand the operations and litigation styles of his client agencies: EPA, Interior Department, Bureau of Reclamation, Fish and Wildlife Service, National Marine Fisheries Service, Department of Transportation, Department of Commerce. In 1997, he co-founded Marzulla Law, where he brings to bear more than 35 years of expertise representing companies and individuals in industries as diverse as land and project development, aerospace, chemicals, oil and gas, mining, timber, manufacturing, computers, agriculture and water service.
Roger began his legal career as a trial lawyer in San Jose, California, after graduating magna cum laude from the University of Santa Clara School of Law. As a partner in Matthews & Marzulla he represented developers, title and construction companies, shopping centers, apartment owners and lenders in litigation throughout California. In 1981 he moved to Denver to become President of Mountain States Legal Foundation, litigating environmental and natural resource cases across the West.
In 1983 Roger joined the Justice Department as Special Litigation Counsel. He was subsequently promoted to Deputy Assistant Attorney General and, in 1987, was confirmed by the Senate as Assistant Attorney General in charge of the Environment and Natural Resources Division. At the Justice Department, Roger helped create litigation strategies for government programs as diverse as Superfund, the Clean Air Act, off-shore oil leasing, environmental crimes, federal facility clean-up, wetlands, endangered species and hazardous waste enforcement, as well as Presidential Order EO 12,630 (Government Interference with Private Property Rights).
In 1989 Roger returned to private law practice, successively heading the environmental law practices of the Powell, Goldstein and Akin, Gump law firms.
Since 1997, as a partner in Marzulla Law, Roger has continued to represent corporate and business clients in a wide array of environmental and property issues in courts across the country, frequently in litigation against the United States. He also assists clients in attaining compliance with environmental, health and safety regulation, and in avoiding risks in transactions.
Fellow, The Constitution Project at the Project On Government Oversight
Morton Rosenberg was a senior legal analyst with the Congressional Research Service (CRS) for 35 years specializing in the areas of constitutional law , administrative law and process, congressional practice and procedure, and labor law, and in the problems raised by the interface of Congress and the Executive which involved the scope of congressional oversight and investigative prerogatives, the validity of claims of executive and common law privileges before committees, enforcement of subpoenas, and issues raised by the presidential exercise of temporary and recess appointment. He also served extended details as legal counsel for a special investigative committee and as a legal advisor to the House General Counsel.
Since his retirement from CRS in 2008 he has undertaken a variety of consulting projects and assignments that have tapped into his experience and expertise in constitutional, congressional and administrative law, practice and procedure. This has included an engagement by the Constitution Project to research and write a monograph on congressional investigative oversight in 2009 which was updated and expanded and published in May 2017 entitled "When Congress Comes Calling: A Study on the Principles, Practices. and Pragmatics of Legislative Inquiry." He also served as a consultant to the general counsel of the Public Company Accounting Oversight Board (PCAOB) and its private counsel in the preparation of briefs and for oral argument before the Supreme Court in Free Enterprise Fund v. PCAOB (2010); and in preparing and submitting an amicus brief to the Supreme Court in NLRB v. SW General (2017) which was cited five times by the majority opinion. He is presently of counsel to the law firm Barnett Sivon & Natter, Washington, D.C. and a Constitution Project Fellow.
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.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Chairman, Center for Equal Opportunity
Linda Chavez is Chairman of the Center for Equal Opportunity. She has published opinions and columns in newspapers across the country and appears regularly on cable news. Chavez is the author of the three books: Out of the Barrio: Toward a New Politics of Hispanic Assimilation, An Unlikely Conservative: The Transformation of an Ex-Liberal, and Betrayal: How Union Bosses Shake Down Their Members and Corrupt American Politics. She has been honored by the Library of Congress as a "Living Legend" and as nominee for Secretary of Labor by President George W. Bush.
Chavez has held many appointed positions and has served on numerous corporate and nonprofit boards. Among her appointed positions has been Chairman, National Commission on Migrant Education (1988-1992); White House Director of Public Liaison (1985); Staff Director of the U.S. Commission on Civil Rights (1983-1985); and member of the Administrative Conference of the United States (1984-1986). Chavez was also the Republican nominee for U.S. Senator from Maryland in 1986 and was elected by the United Nations' Human Rights Commission to serve a four-year term as U.S. Expert to the U.N. Sub-commission on the Prevention of Discrimination and Protection of Minorities.
Chavez earned her BA from the University of Colorado.
Senior Counsel - Intellectual Property, Baker Hughes Company
After nearly two decades exclusively as an Intellectual Property Attorney, I have recently branched out my repertoire to become an Entrepreneur (in addition to a solo legal practice).
As an Intellectual Property Attorney, I counsel my clients on various Intellectual Property (IP) related issues concerning acquisition, maintenance and enforcement, including litigation (whether in court or in front of an administrative law judge) and licensing (from non-disclosure agreements to asset purchase agreements). For my clients, I have expanded my expertise to include consultation from a business point-of-view, assisting my clients in not only the legal issues relating to IP, but also the strategic issues associated with monetizing an IP portfolio.
As an Entrepreneur, I own a Property Management business, focusing on residential homes in the Central Texas area. Additionally, I own a boutique fitness studio in Austin, Texas, specializing in kickboxing.
Case Notes
Jeffrey Bossert Clark
Three cases with significant implications for environmental and/or property-rights law are addressed below. Kumho Tire...
Affirmative Action & Gender Equity: New Rules Under Title IX?
Jennifer C. Braceras
Although the plain language of Title IX states unequivocally that schools are not required to...
Administrative Crimes: Testimony of Roger Marzulla
Roger J. Marzulla
[Testimony of Roger J. Marzulla Before the Judiciary Committee of the House of Representatives Subcommittee...
Congress Reforms Vacancies Act to Protect the Senate's Confirmation Prerogative
Morton Rosenberg
The Constitution directs how officials who will exercise substantial authority under the laws are to...
Michigan Issue Ad Ruling Reinforces Constitutional Protections
Charles R. Spies
Will the "campaign reformers" ever learn? Time after time federal courts have struck down restrictions...
Will Modern Antitrust Enforcement Swallow Up Intellectual Property Rights?
Joseph Kattan, Carl Shapiro
Following are excerpts from a panel discussion entitled "Will Modem Antitrust Enforcement Swallow Up Intellectual...
Encryption Technology: I hear you knockin’, but you can’t come in
Robert F. Schroeder, John G. Malcolm
In these heady days of the Internet, other forms of global communication, and multinational corporations,...
ABA Briefs in the 1997-98 Supreme Court Term
Kent Scheidegger
In the Supreme Court’s 1997-98 term, the American Bar Association continued its past record of...
School Desegregation In 1999
Linda L. Chavez
Reproduced below is a recent letter that Linda Chavez, president of the Center for Equal...
Of Juries And Shampoo: The Supreme Court And The Copyright Act
Timothy M. Morella
This past March, the U. S. Supreme Court decided a pair of copyright cases, both...