Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Judge, United States Court of Appeals, Ninth Circuit
Kenneth Kiyul Lee is a judge on the U.S. Court of Appeals for the Ninth Circuit. He was appointed in June 2019 and is based in San Diego, California.
Prior to his appointment, he was a partner at the law firm of Jenner & Block in Los Angeles. Judge Lee previously served as an Associate Counsel to President George W. Bush and as Special Counsel to Senator Arlen Specter, then-chair of the Senate Judiciary Committee. He started his legal career at Wachtell, Lipton, Rosen & Katz in New York.
Judge Lee received his J.D. from Harvard Law School, magna cum laude, and his A.B. from Cornell University, summa cum laude. He clerked for Judge Emilio M. Garza of the U.S. Court of Appeals for the Fifth Circuit.
Judge, United States Court of Appeals, Ninth Circuit
Judge Nelson was confirmed to the Ninth Circuit in October 2018, as the youngest Circuit Judge to serve from Idaho and he has chambers in his hometown of Idaho Falls. Prior to his confirmation, Judge Nelson served for nine years as General Counsel of Idaho Falls-based Melaleuca, Inc., a consumer goods company. He previously worked in Washington, DC, where he served in all three branches of the federal government, including as Special Counsel for Supreme Court nominations to the Ranking Member of the Senate Judiciary Committee; Deputy General Counsel to the White House Office of Management and Budget; Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice; and a law clerk to Judge Henderson of the United States Court of Appeals for the D.C. Circuit. He has argued in most of the federal courts of appeals and worked on dozens of Supreme Court briefs. He started in the Washington, DC office of Sidley Austin as an appellate lawyer, after clerking for Judges Mosk and Brower of the Iran-U.S. Claims Tribunal at The Hague, and for now-Judge Tom Griffith, then-Senate Legal Counsel, during the impeachment trial of President Clinton. Judge Nelson earned his B.A. from Brigham Young University and his J.D., with honors, from BYU Law School. Judge Nelson has been a member of the Federalist Society since 1998.
Partner, Davis Polk & Wardwell LLP
Kannon is the head of our Supreme Court & Appellate practice. He has argued 39 cases before the U.S. Supreme Court and has argued more than 150 appeals in courts across the country, including every federal court of appeals and numerous state courts.
Kannon is ranked as a “Star Individual” in appellate law by Chambers USA, where a client notes, “It’s hard to think of enough superlatives to describe his talent, his judgment, his ability, his experience – he is as good as it gets.” Legal 500 U.S. recognizes Kannon in its Hall of Fame for appellate work. A client shares, “His work is the best in the business, and he is a wonderful human being in addition to being a world-class appellate litigator.”
In 2024 and 2022, Kannon was a finalist for the American Lawyer’s “Litigator of the Year” award. He was named “Appellate Litigator of the Year” by Benchmark Litigation in 2021 and was a 2026 finalist for that recognition.
Before entering private practice, Kannon served as an Assistant to the Solicitor General at the U.S. Department of Justice.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Partner, Consovoy McCarthy Park PLLC
Jeffrey Harris is an experienced litigator who focuses on constitutional, appellate, and regulatory matters. He is currently a partner at Consovoy McCarthy Park PLLC. In 2015, he was named to the Legal Times list of “D.C.’s Rising Stars,” which identified “some of the most accomplished young attorneys in the D.C. area.” Mr. Harris previously served as Associate Administrator of the Office of Information and Regulatory Affairs (OIRA). In that role, he was second in charge of the 50-person office within the Executive Office of the President that reviews all significant federal regulatory actions and coordinates regulatory policy across the federal government.
Before his government service, Mr. Harris was a partner at Bancroft PLLC and Kirkland & Ellis LLP, where his practice focused on Supreme Court, appellate, and complex litigation. Mr. Harris has extensive experience litigating before the U.S. Supreme Court. He has been the lead drafter of more than 100 merits briefs, amicus briefs, and certiorari-stage briefs, and he has contributed to 10 wins in cases before the Court.
Mr. Harris has also litigated numerous high-profile cases in the federal courts of appeals, federal and state trial courts, administrative agencies, and arbitral tribunals. He has successfully argued before the U.S. Courts of Appeals for the Sixth, Ninth, Eleventh, and D.C. Circuits, achieving wins on behalf of airlines, telecommunications providers, and pro bono clients. He has also argued numerous dispositive motions in federal district court and has participated in the trial of a significant voting rights case.
Mr. Harris served as a law clerk to Chief Justice John G. Roberts, Jr., of the U.S. Supreme Court, and Judges David Sentelle and Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit. He earned his J.D. magna cum laude from Harvard Law School and his A.B. magna cum laude from Georgetown University. He is a member of the District of Columbia and Virginia bars.
Senior Attorney, Pacific Legal Foundation
Glenn Roper joined Pacific Legal Foundation in 2019. Based in Colorado, he litigates across the country on behalf of individuals and organizations to advance the principles of individual freedom, separation of powers, and the rule of law.
With experience in both private practice and government, Roper has seen the dangers posed to liberty when agencies, bureaucrats, and politicians ignore individual rights in favor of expediency or advancing a political agenda. His interest in combating those dangers spans PLF’s practice areas, including equal protection, separation of powers, environmental law, property rights, and the First Amendment.
Although he grew up in California’s Central Valley, Roper has spent most of his career in the Mountain West. Immediately prior to joining PLF, he served as Deputy Solicitor General in Colorado’s Office of the Attorney General, where he handled select appellate and constitutional litigation on behalf of the State and its agencies and officials. Before joining the Attorney General’s Office, Roper was a partner in a Denver law firm, where he focused on complex civil litigation, e-discovery, and appellate matters. He previously served as Deputy Associate Counsel in the White House Counsel’s Office for President George W. Bush and as a law clerk to Judge David M. Ebel of the Tenth Circuit Court of Appeals. He graduated first in his class from Brigham Young University Law School.
The Conservative Case for Class Actions: A Debate
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The Conservative Case for Class Actions
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