Government Affairs Program Manager, Energy Northwest
Daniel Himebaugh is a lawyer working in government affairs.
Partner, McCarter & English LLP
Mr. Cote represents both small and large businesses and occasionally individuals in both federal and state courts throughout the country. His practice concentrates primarily on hospitality, employment, civil rights, contracts, unfair and deceptive conduct, class action, private property rights and appellate litigation.
During his time with McCarter, Mr. Cote has played an integral role in obtaining several significant victories for the firm's clients, including the dismissal of a challenge under the public trust doctrine to the private ownership of lawfully filled, tidelands that were developed pursuant to a legislative grant issued in 1832 and the successful defense of a large food service company in a case of first impression concerning the application and interpretation of the Massachusetts Tips Act. Mr. Cote was also instrumental in obtaining a sanctions award of $100,000 in connection with a construction accident case brought in bad faith against one of the firm's clients.
Prior to his admission to the bar, Mr. Cote served for over ten years as a paralegal and law clerk in Arizona, Massachusetts, Vermont and Washington, D.C. During this time, he served as the principal legal assistant to the Arizona Legislature's Ombudsman for Private Property Rights. He also clerked for the Honorable Roger J. Marzulla and Nancie G. Marzulla at Defenders of Property Rights, which, at the time, was the nation's only non-profit legal foundation dedicated exclusively to the protection of private property rights. He is a contributing author of that organization's 1999 publication "State Property Rights Legislation Report: Federalism in Action."
Mr. Cote presently serves as the vice-chair of the Boston Lawyers Division of the Federalist Society for Law and Public Policy Studies. He is also a member of the executive committee for the Federalist Society's Litigation Practice Group and the primary author of the Environmental Practice Group's 2001 terrorism briefing paper entitled: "National Security vs. Public Disclosure: The War on Terrorism's Implications Upon Federal Emergency Planning and Right to Know Laws."
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
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.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Vice President and Legal Counsel, Evangelical Council for Financial Accountability
Michael Martin is ECFA’s vice president of church relations. He enjoys helping churches and ministries maintain high standards of financial integrity through ECFA membership. Michael also uses his training as an attorney and CPA to contribute to ECFA’s many practical educational resources, including books, webinars, videos, podcasts, and more.
Beginning with the 2013 edition, Mr. Martin co-authored the Zondervan Minister’s Tax & Financial Guide and the Zondervan Church and Nonprofit Tax & Financial Guide.
Executive Vice President and General Counsel, Evangelical Council for Financial Accountability
John Van Drunen is the Evangelical Council for Financial Accountability (ECFA)'s executive vice president and general counsel with a bachelor of arts in accounting, magna cum laude, from Anderson University and a juris doctor from Regent University School of Law. His responsibilities at ECFA primarily relate to managing the compliance program and writing and speaking on technical nonprofit issues.
Mr. Van Drunen has received many awards, including Virginia Bar Association recognition for pro bono work during his tenure as a law student. This work included working with nonprofit organizations and assisting low-income individuals with preparing taxes.
Beginning with the 2010 edition, Mr. Van Drunen co-authored the Zondervan Minister’s Tax & Financial Guide and the Zondervan Church and Nonprofit Tax & Financial Guide with ECFA President, Dan Busby, and Michael Martin, ECFA Vice President and legal counsel.
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.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Vice President and Legal Counsel, Evangelical Council for Financial Accountability
Michael Martin is ECFA’s vice president of church relations. He enjoys helping churches and ministries maintain high standards of financial integrity through ECFA membership. Michael also uses his training as an attorney and CPA to contribute to ECFA’s many practical educational resources, including books, webinars, videos, podcasts, and more.
Beginning with the 2013 edition, Mr. Martin co-authored the Zondervan Minister’s Tax & Financial Guide and the Zondervan Church and Nonprofit Tax & Financial Guide.
Executive Vice President and General Counsel, Evangelical Council for Financial Accountability
John Van Drunen is the Evangelical Council for Financial Accountability (ECFA)'s executive vice president and general counsel with a bachelor of arts in accounting, magna cum laude, from Anderson University and a juris doctor from Regent University School of Law. His responsibilities at ECFA primarily relate to managing the compliance program and writing and speaking on technical nonprofit issues.
Mr. Van Drunen has received many awards, including Virginia Bar Association recognition for pro bono work during his tenure as a law student. This work included working with nonprofit organizations and assisting low-income individuals with preparing taxes.
Beginning with the 2010 edition, Mr. Van Drunen co-authored the Zondervan Minister’s Tax & Financial Guide and the Zondervan Church and Nonprofit Tax & Financial Guide with ECFA President, Dan Busby, and Michael Martin, ECFA Vice President and legal counsel.
Topics
Court strikes down policy requiring union members to resign in person with a photo ID.
Imagine you belong to a health club, alumni association, or fraternal organization. Imagine further that...
Extraterritorial Ambition: State Energy Taxes and the Question of Imported Electricity
Daniel Himebaugh
Note from the Editor: This article discusses the extraterritoriality doctrine and whether and how it...
FDA Poised to Spoil a Food Fight, Naturally
Gregory D. Cote
Note from the Editor: This article argues that the FDA should define the term “natural”...
Topics
A New Federalism: Can the Judicial Right and Left Unite as Unlikely Allies?
Recent events are creating strange legal bedfellows. Following President Trump’s election, the administration took swift...
The Supreme Court Tackles Patent Reform: Further Reflections on the Oil States Case after Oral Argument Before the Supreme Court
Richard A. Epstein
Note from the Editor: This article provides alternative answers to some of the questions posed...
The Problem with the Proliferation of Collateral Consequences
John G. Malcolm
Note from the Editor: This article discusses collateral consequences of criminal convictions and argues that...
Is the "Parsonage Allowance" Allowed?
Thomas C. Berg, Michael Martin, John Van Drunen
Last month, in a challenge brought by the Freedom from Religion Foundation, a Wisconsin federal...
Is the "Parsonage Allowance" Allowed?
Religious Liberties Practice Group Teleforum
TeleforumTopics
A “John Doe” Sighting in Wisconsin
Readers may remember news coverage over the past few years about Wisconsin’s infamous “John Doe”...
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...