Founder and Senior Director, Institutional Religious Freedom Alliance
Stanley Carlson-Thies is the Founder and Senior Director of the Institutional Religious Freedom Alliance (IRFA), a division of the Center for Public Justice. As part of this role, he convenes the Coalition to Preserve Religious Freedom, a multi-faith alliance of social-service, education, and religious freedom organizations that advocates for the religious freedom of faith-based organizations to Congress and the federal government. In addition he is also a Senior Fellow at the Canadian think tank Cardus.
From 2009-2010 he served on a task force of President Obama’s Advisory Council on Faith-Based and Neighborhood Partnerships, helping to draft recommendations on how to clarify the church-state rules that apply to federal funding of social-service providers, and has consulted with federal departments and several states.
He served with the White House Office of Faith-Based & Community Initiatives from its inception in February 2001 until mid-May 2002. He assisted with writing “Unlevel Playing Field: Barriers to Participation by Faith-Based and Community Organizations in Federal Social Service Programs,” a report released by the White House in August 2001, and “Rallying the Armies of Compassion,” the initial blueprint for President George W. Bush’s faith and community agenda.
Previously, he was Director of Social Policy Studies for CPJ and directed CPJ’s project to track the implementation and impact of the Charitable Choice provision of the 1996 federal welfare reform law. Following his term in the White House, he returned to CPJ as the Director of Faith-based Policy Studies.
He received the William Bentley Ball Life and Religious Liberty Defense Award from the Center for Law and Religious Freedom and the Christian Legal Society in October 2004. He was named as one of 12 advocates who are “reinterpreting God and country” by the National Journal in May 2004. He holds a doctorate in political science from the University of Toronto. His dissertation is on the role of Protestants and Catholics in the development of Dutch politics in the 19th and 20th centuries. Besides the United States, he has lived in Canada, the Netherlands, and Japan, where he was born of missionary parents. He lives in Annapolis, Maryland, with his wife, Christiane. They are the proud parents of Simon.
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. - China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
Founding Partner, Boyden Gray & Associates
Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.
Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.
Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.
Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.
Partner, Stroock & Stroock & Lavan LLP
Partner, Wiley Rein, LLP
Megan L. Brown is a partner at Wiley Rein LLP. She has significant litigation, appellate and regulatory experience before state and federal courts and agencies.
Ms. Brown helps businesses respond to federal, state and local regulation and investigations raising administrative law, statutory interpretation, and constitutional issues, including the First Amendment.
Executive Vice President and General Counsel, Battery Council International
Senior Litigation Counsel, New Civil Liberties Alliance
Throughout his 40-year career in private law practice in Washington, D.C., Richard Samp has specialized in appellate litigation with a focus on constitutional law. He served as Chief Counsel of the Washington Legal Foundation for more than 30 years. He has participated directly in more than 200 cases before the U.S. Supreme Court. Mr. Samp is a graduate of Harvard College and the University of Michigan Law School and clerked for a federal judge in Detroit.
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin Chemerinsky became the 13th Dean of Berkeley Law on July 1, 2017, when he joined the faculty as the Jesse H. Choper Distinguished Professor of Law.
Prior to assuming this position, from 2008-2017, he was the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School of Law, with a joint appointment in Political Science. Before that he was the Alston and Bird Professor of Law and Political Science at Duke University from 2004-2008, and from 1983-2004 was a professor at the University of Southern California Law School, including as the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. He also has taught at DePaul College of Law and UCLA Law School.
He is the author of eleven books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent books are, We the People: A Progressive Reading of the Constitution for the Twenty-First Century (Picador Macmillan) published in November 2018, and two books published by Yale University Press in 2017, Closing the Courthouse Doors: How Your Constitutional Rights Became Unenforceable and Free Speech on Campus (with Howard Gillman).
He also is the author of more than 200 law review articles. He writes a regular column for the Sacramento Bee, monthly columns for the ABA Journal and the Daily Journal, and frequent op-eds in newspapers across the country. He frequently argues appellate cases, including in the United States Supreme Court.
In 2016, he was named a fellow of the American Academy of Arts and Sciences. In 2017, National Jurist magazine again named Dean Chemerinsky as the most influential person in legal education in the United States.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
U.S. Court of Appeals, Ninth Circuit
Sandra Segal Ikuta was confirmed as a judge of the U.S. Court of Appeals for the Ninth Circuit on June 19, 2006. She filled a judgeship vacant since September 1, 2000, when Chief Judge Emeritus James R. Browning took senior status.
Before becoming a U.S. Circuit Judge, California Gov. Arnold Schwarzenegger appointed her to be deputy secretary and general counsel of the California Resources Agency in January 2004.
Prior to her political appointment, Judge Ikuta was a partner at the Los Angeles office of O'Melveny & Myers LLP. She joined the law firm in 1990 as an associate and became a partner in 1997. She specialized in environmental and natural resources law and co-chaired the firm's environmental practice group. She previously served as a law clerk for U.S. Supreme Court Justice Sandra Day O'Connor, 1989-90, and Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, 1988-89.
Prior to her legal career, Judge Ikuta took an unorthodox career path, which included serving as the first female editor-in-chief of a national martial arts magazine.
She received her J.D. from the University of California at Los Angeles School of Law and a Master of Science from Columbia University School of Journalism. She earned her undergraduate degree from the University of California at Berkeley in 1976.
In addition to her duties as an active U.S. Circuit Judge, Judge Ikuta was an appointed member of the Judicial Conference of the U.S. Advisory Committee on Bankruptcy Rules.
Associate, Hogan Lovells LLP
Dominic Perella concentrates his practice on appellate and Supreme Court litigation. Dom has argued before the U.S. Court of Appeals for the District of Columbia Circuit and the D.C. Court of Appeals, and has briefed numerous cases before the Supreme Court and the majority of the federal circuits. He was named, and one of his arguments mentioned, in theNational Law Journal's 2011 Appellate Hot List.
Dom's appellate practice has covered constitutional questions, insurance law, environmental regulation, Medicare regulation, and white-collar criminal appeals, among other areas. He also has developed a focus on communications law, and in that capacity has litigated matters on behalf of cable industry clients and participated in rulemakings before the Federal Communications Commission.
Before joining our legal practice, Dom served as a judicial clerk to The Honorable Sandra L. Lynch, Chief Judge of the U.S. Court of Appeals for the First Circuit. Dom graduatedsumma cum laude from the New York University School of Law, where he was named a Butler Scholar and received the Law Review Association Award for second-highest GPA in the graduating class of 2005.
Staff Attorney, National Right to Work Legal Defense Foundation
Experience: Staff Attorney, National Right to Work Legal Defense Foundation, Springfield, VA, 1989-Present; Associate, Borland & Borland, Wilkes-Barre, PA, 1989; Intern, Criminal Division, U.S. Attorney’s Office, Atlanta, GA, U.S. Justice Department, 1988-89; Martindale-Hubbell® AV® Peer Review Rated.
Bar Admissions: Pennsylvania, 1989; District of Columbia, 1991; U.S. Supreme Court, 1992 (admitted only in PA & DC).
Law School: Emory University, J.D., 1989.
College: Hampden-Sydney College, B.A., with Honors in Political Science and History, magna cum laude, 1986.
Member: Federalist Society.
Publications: “Casting an Overdue Skeptical Eye: Knox v. SEIU,” CATO SUPREME COURT REVIEW, September 2012, at 333; “Making Windows into Litigants’ Souls: The Pernicious Potential of Gilpin v. AFSCME,” Engage, Apr. 2004, at 90; Co-author, “Big Labor’s Tyranny of the Minority: Forced Union Dues in Politics,” Federalist Society Free Speech & Election Law Newsletter, Fall 1996.
Reported Decisions (partial listing): Knox v. SEIU Local 1000, 132 S.Ct. 2277 (2012); Locke v. Karass, 555 U.S. 207 (2009); Cummings v. Connell, 402 F. 3d 935 (9th Cir. 2005); Prescott v. County of El Dorado, 177 F.3d 1102 (9th Cir. 1999), vacated, 528 U.S. 1111, reinstated in part, 204 F.3d 984 (9th Cir. 2000); Knight v. Kenai Peninsula Borough School District, 131 F.3d 807 (9th Cir. 1997); Johnson v. Lafayette Firefighters Ass’n, 51 F.3d 726 (7th Cir. 1995); Weaver v. University of Cincinnati, 942 F.2d 1039 (1991), further proceedings, 970 F.2d 1523 (6th Cir. 1992); Dixon v. City of Chicago, 948 F.2d 355 (7th Cir. 1991); Orr v. National Football League Players Ass’n, 147 L.R.R.M. (BNA) 2845 (Va. Cir. Ct. 1994), aff’d, 150 L.R.R.M. (BNA) 2191 (Va. 1995).
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Note from the Editor: This paper analyzes constitutional challenges to Section 18 of the recently...
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Use of Expert Testimony at the Class Certification Stage After Wal-Mart v. Dukes
Stephen J. Newman
The United States Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes1 sent a strong...
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Megan L. Brown, Roger H. Miksad
For the better part of a decade, courts have confronted several global warming nuisance suits...
Touching on the Merits When Deciding Class Certification Motions: Ohio's Experience
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