Former Judge, United States Court of Appeals, Ninth Circuit
Judge Kozinski served as a United States Circuit Judge for the Ninth Circuit from November 1985 until December 2017. He served as Chief Judge from 2007 to 2014. He graduated from UCLA, receiving an A.B. degree in 1972, and from UCLA Law School, receiving a J.D. degree in 1975.
Prior to his appointment to the appellate bench, Judge Kozinski served as Chief Judge of the United States Claims Court, 1982-85; Special Counsel, Merit Systems Protection Board, 1981-82; Assistant Counsel, Office of Counsel to the President, 1981; Deputy Legal Counsel, Office of President-Elect Reagan, 1980-81; Attorney, Covington & Burling, 1979-81; Attorney, Forry Golbert Singer & Gelles, 1977-79; Law Clerk to Chief Justice Warren E. Burger, 1976-77; and Law Clerk to Circuit Judge Anthony M. Kennedy, 1975-76.
Judge Kozinski is married to Marcy Jane Tiffany and has three children: Yale, Wyatt and Clayton, and three grandchildren: Quinn, Owen and Anna.
Partner, Ford & Harrison LLP
Robin W. Hutton has successfully litigated numerous employment matters in both state and federal courts and achieved favorable results before numerous administrative boards and agencies in numerous states. Robbin works with clients in developing and implementing employment policies, as well as training on the major areas of employment and labor law. She has conducted training and seminars on various employment-related topics to include sexual harassment/discrimination, FMLA, FLSA, immigration issues, union issues, and ADA, as well as conducted many work-related investigations for clients, as well as HR audits for employers.
Prior to joining Ford & Harrison, Robbin was Of Counsel in the Memphis office of a national labor and employment law firm where she worked the areas of employment and labor law, insurance defense, and civil litigation.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Shareholder and Director, GableGotwals
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
Partner, Jackson Walker
Arthur offers clients a winning combination of trial and appellate experience gained as a federal prosecutor and more than 20 years of experience in handling patent, copyright, trademark, and trade secrets litigation.
While his practice concentrates on intellectual property litigation, Arthur also has significant experience in internal investigations, False Claims Act suits, partnership and breach of fiduciary duty, breach of contract, and employment litigation. Arthur also has represented clients testifying before Congressional committees.
Arthur writes and speaks frequently on topics ranging from the case against Boston bomber Dzhokhar Tsarnaev to patent litigation reform.
Prior to joining Michael Best, Arthur served as an Assistant United States Attorney in the Southern District of New York, where he was the lead prosecutor in criminal trials, including federal intellectual property crimes. He also argued numerous appeals.
Professor of Law, Case Western Reserve University School of Law
Professor Dent taught law at New York University, Cardozo, and the New York Law School before joining the faculty in 1990. Earlier he had clerked for Judge Paul R. Hays of the U.S. Court of Appeals, Second Circuit, and practiced corporate law in New York with Debevoise, Plimpton, Lyons & Gates. He teaches Business Associations, Mergers and Acquisitions, and Business Planning and is the faculty supervisor for the Business Organizations Concentration. He has published many articles on corporate and securities law, including “Academics in Wonderland: The Team Production and Director Primacy Models of Corporate Governance,” Houston Law Review (2008); “Corporate Governance: Still Broke, No Fix in Sight,” Journal of Corporation Law (2005); “Lawyers and Trust in Business Alliances,” Business Lawyer (2002); and “Gap Fillers and Fiduciary Duties in Strategic Alliances,” The Business Lawyer (2001). He also writes on law and religion, as in “Civil Rights for Whom: Gay Rights Versus Religious Freedom,” University of Kentucky Law Journal (2006-07); and “How Does Same-Sex Marriage Threaten You?,” Rutgers Law Review (2007). Mr. Dent serves as a director of the National Association of Scholars and as president of the Ohio Association of Scholars. He serves as an officer of Cleveland Chapter of the Federalist Society. He heads the Law Section of the Association for the Study of Free Institutions. He is chairman of the Ohio State Advisory Committee to the U.S. Commission on Civil Rights.
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.
Bell, McAndrews & Hiltachk, LLP
Criminal Law Reform
Palo Alto, CaliforniaReligious Accommodation in the Workplace: Current Trends Under Title VII
Robbin W. Hutton
Arecent survey of American workers suggests that religious discrimination is a growing workplace concern.1 Indeed,...
Do Sue and Settle Practices Undermine Congressional Intent for Cooperative Federalism on Environmental Matters?
David B. Rivkin, Adam Carl Doverspike
Note from the Editor: This article is about whether sue and settle practices undermine congressional...
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...
Global Warming Nuisance Suits Given a Cool Reception in Court
Megan L. Brown, Roger H. Miksad
For the better part of a decade, courts have confronted several global warming nuisance suits...
Local Patent Rules - Certainty and Efficiency or a Crazy Quilt of Substantive Law?
Arthur Gollwitzer
More than a decade ago, the United States District Court for the Northern District of...
Perry v. Schwarzenegger: Is Traditional Marriage Unconstitutional?
George W. Dent
Note from the Editor: This article and the article in this issue by Mark Strasser...
EPA’s Endangerment Rule
Jeffrey Bossert Clark
Brought to you by the Environmental Law & Property Rights Practice GroupThe Federalist Society takes no...
Elections; Universal Voter Registration; Same Day Voter Registration
Charles H. Bell
Brought to you by the Free Speech & Election Law Practice Group BackgroundVoter registration has traditionally been...
Violence is not Obscenity
Geoffrey Hymans
On September 17, 2007, the United States District Court for the Western District of Oklahoma...