Deputy Counsel, Wisconsin Institute for Law & Liberty
Luke joined WILL from the Wisconsin Department of Justice where he served for nearly four years as a Deputy Solicitor General and Assistant Attorney General.
Berg has argued nine cases before the Wisconsin Supreme Court and four before the Seventh Circuit, including one en banc argument. He graduated from the University of Wisconsin – Madison (B.S.) and New York University (J.D.) and served as a law clerk for Judge Diane Sykes of the United States Court of Appeals for the Seventh Circuit. Prior to joining the Wisconsin DOJ in 2015, Berg worked as an attorney for the Office of the Comptroller of Currency in Washington D.C.
Berg resides in Madison with his wife and three boys.
Vice President and Director of Litigation, EdChoice
Thomas M. Fisher served as a Deputy Attorney General for 22 years and as Indiana’s first Solicitor General from 2005-2023. In that role he handled high profile litigation for the State, defended state statutes against constitutional attack, advised the Attorney General on a range of legal policy issues, and managed the State’s U.S. Supreme Court docket. A two-time recipient of the National Association of Attorneys General Best Brief Award, Fisher has argued five times before the High Court.
His U.S. Supreme Court experience also includes authorship of dozens of cert-stage and merits-stage amicus curiae briefs on a wide range of issues. In addition, Fisher has argued dozens of important and high-profile cases before both the Indiana Supreme Court and the Seventh Circuit U.S. Court of Appeals. Fisher is a Fellow of the American Academy of Appellate Lawyers and was recently named a Sagamore of the Wabash by Governor Eric Holcomb.
A native Hoosier, Fisher is a graduate of Wabash College and Indiana University Maurer School of Law, where he serves as an Adjunct Professor of Law.
Senior Counsel, Vice President of Advocacy Strategy, Alliance Defending Freedom
Emilie Kao serves as senior counsel and vice president of advocacy strategy for Alliance Defending Freedom, where she is a member of the U.S. Legal Team. In this role, she supports ADF’s legal and legislative objectives through culture shaping initiatives.
Before joining ADF, Kao served as director of the DeVos Center for Religion and Civil Society at the Heritage Foundation. She led a team of experts who provided strategy, research, and policy recommendations on life, marriage, and religious freedom consistent with Constitutional principles. She convened coalitions of strategic partners to support the protection of religious freedom and launched the Promise to America’s Children, a movement dedicated to the protection of children and parental rights.
Kao also served as senior legal counsel at an international human rights law firm, East Asia team leader in the U.S. Department of State’s Office of International Human Rights, and director of international advocacy at the Becket Fund for Religious Liberty. She was an adjunct professor at Antonin Scalia Law School at George Mason University and is co-editor of the “First Principles on International Human Rights” essay series.
She has testified before the U.S. Congress and spoken at the United Nations in Geneva and New York. She has been interviewed and quoted extensively in the media, including The New York Times, The Washington Post, CNN, C-SPAN, and 60 Minutes+.
Kao earned her A.B. cum laude from Harvard University and her J.D. from Harvard Law School. She is a member of the state bars of California and the District of Columbia and is admitted to practice in the U.S. Supreme Court. She speaks Mandarin Chinese.
United States District Judge, Southern District of Ohio
Judge Matthew W. McFarland was born in Portsmouth, Scioto County, Ohio, and raised in Wheelersburg. He graduated from Wheelersburg High School in 1985, from Capital University in 1989 with a Bachelor of Arts degree in Political Science, and from the Capital University Law School in 1992, where he was inducted in the Order of the Barristers. He also served as a research assistant for Dean Rodney K. Smith. Judge McFarland first took the bench in 1999 as a Magistrate in the Scioto County Common Pleas Court. He was first elected to the Ohio Fourth District Court of Appeals in 2004 serving fourteen southeast Ohio counties. In 2010 and 2016 he was re-elected, and in 2016 by winning all fourteen counties. As an appellate judge, Judge McFarland authored over 1,000 opinions and made over 2,900 panel votes and served as the Presiding and Administrative Judge for multiple years. He has served as a visiting Judge on the Supreme Court of Ohio on four separate occasions allowing him to sit on each level of the Ohio Judiciary including the trial, appellate, and supreme court bench. The Ohio Chief Justice also appointed him to serve as a Commissioner on the Board of Grievances and Discipline and the Advisory Committee on Court Security and Emergency.
On October 10, 2018, President Donald J. Trump announced his intent to nominate Judge McFarland to a seat on the United States District Court for the Southern District of Ohio after being recommended by the Portman/Brown Bipartisan Federal Judicial Search Commission. The United States Senate received Judge McFarland’s nomination on November 13, 2018. At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Judge McFarland’s nomination to President Trump. President Trump then re-nominated Judge McFarland on January 23, 2019. The Senate Judiciary Committee held Judge McFarland’s confirmation hearing on June 26, 2019, and favorably voted his nomination to the full United States Senate on July 18, 2019. The United States Senate then confirmed Judge McFarland on December 18, 2019, and President Trump signed Judge McFarland’s Commission on December 31, 2019. With Judge McFarland’s confirmation, he is now only the second federal judge to serve the Southern District of Ohio from Scioto County. The first being Judge Albert Thompson, who served from 1898-1910. Judge McFarland succeeded Judge Thomas M. Rose who took senior status on June 30, 2017.
United States District Judge, United States District Court for the Middle District of Florida
In November 2020, the Senate confirmed Kathryn Kimball Mizelle as a United States District Judge for the Middle District of Florida. At age 33, she became the youngest Article III judge in the country. Prior to her confirmation, Judge Mizelle was in private practice at Jones Day, where she focused on complex civil and criminal litigation and appeals. Judge Mizelle previously served at the United States Department of Justice in the Office of the Associate Attorney General, in the Southern Criminal Enforcement Section of the Tax Division, and in the United States Attorney’s Office for the Eastern District of Virginia. Judge Mizelle has also taught as an adjunct professor of law at the University of Florida Levin College of Law and at George Mason University’s Antonin Scalia Law School.
Judge Mizelle earned her B.A., summa cum laude, from Covenant College, and her J.D., summa cum laude, from the University of Florida Levin College of Law. After graduation, Judge Mizelle served as a law clerk at every level of the federal judiciary: at the Supreme Court for Justice Clarence Thomas, at the D.C. Circuit for Judge Gregory G. Katsas, at the Eleventh Circuit for Chief Judge William H. Pryor Jr., and at the Middle District of Florida for Judge James S. Moody Jr.
Tocqueville Associate Professor Department of Political Science and Concurrent Associate Professor of Law, University of Notre Dame Law School
Vincent Phillip Muñoz is the Tocqueville Associate Professor of Religion & Public Life in the Department of Political Science at the University of Notre Dame. He is the founding director of Notre Dame's undergraduate minor in Constitutional Studies and directs Notre Dame's Tocqueville Program for Inquiry into Religion and Public Life.
Muñoz writes and teaches across the fields of constitutional law, American politics, and political philosophy with a focus on religious liberty and the American Founding. His first book, God and the Founders: Madison, Washington, and Jefferson (Cambridge University Press, 2009) won the Hubert Morken Award from the American Political Science Association for the best publication on religion and politics in 2009 and 2010. His First Amendment church-state case reader, Religious Liberty and the American Supreme Court: The Essential Cases and Documents (Rowman & Littlefield) was first published in 2013 (revised edition, 2015) and is being used at Notre Dame and other leading universities.
Muñoz's current project is a scholarly monograph on the natural right of religious liberty and the original meaning of the First Amendment's Religion Clauses. Articles from that project have appeared in American Political Science Review, The Harvard Journal of Law and Public Policy, Notre Dame Law Review, American Political Thought, and the University of Pennsylvania's Journal of Constitutional Law.
General Counsel, U.S. Department of Homeland Security
James H. Percival graduated from the University of California, Santa Barbara and the University of Virginia School of Law. Before his work at the Department of Homeland Security, he was Chief of Staff to then Florida Attorney General Ashley Moody. James previously served in a number of other roles for Attorney General Moody and as Senior Counsel at the U.S. Department of Justice. Before beginning his public service, James worked for a global law firm and clerked for Judge Emmett Ripley Cox of the U.S. Court of Appeals for the Eleventh Circuit. In between college and law school, James worked as a substitute teacher and as a missionary in South America.
Principal, Spero Law LLC
Christopher Mills is the founder of Spero Law LLC. He was previously a partner at a national law firm and a Constitutional Law Fellow at the Becket Fund for Religious Liberty. He served as a law clerk to Justice Clarence Thomas on the U.S. Supreme Court during October Term 2018. He also clerked for the Honorable David B. Sentelle, then-Chief Judge of the U.S. Court of Appeals for the D.C. Circuit. He has authored briefs and motions in the Supreme Court, courts of appeals, and trial courts, and successfully argued before the D.C. Circuit. He has served as special counsel to South Carolina Governor Henry McMaster, and is an Adjunct Professor at the Charleston School of Law.
A 2012 magna cum laude graduate of Harvard Law School, Christopher was a senior editor of the Harvard Law Review, an editor of the Harvard Journal of Law and Public Policy, and served on the Executive Board of the Harvard Federalist Society. In 2009, he graduated Phi Beta Kappa and summa cum laude with a degree in economics from Furman University.
Christopher lives in Charleston, South Carolina with his wife, children, and golden retriever.
Principal, Spero Law LLC
Christopher Mills is the founder of Spero Law LLC. He was previously a partner at a national law firm and a Constitutional Law Fellow at the Becket Fund for Religious Liberty. He served as a law clerk to Justice Clarence Thomas on the U.S. Supreme Court during October Term 2018. He also clerked for the Honorable David B. Sentelle, then-Chief Judge of the U.S. Court of Appeals for the D.C. Circuit. He has authored briefs and motions in the Supreme Court, courts of appeals, and trial courts, and successfully argued before the D.C. Circuit. He has served as special counsel to South Carolina Governor Henry McMaster, and is an Adjunct Professor at the Charleston School of Law.
A 2012 magna cum laude graduate of Harvard Law School, Christopher was a senior editor of the Harvard Law Review, an editor of the Harvard Journal of Law and Public Policy, and served on the Executive Board of the Harvard Federalist Society. In 2009, he graduated Phi Beta Kappa and summa cum laude with a degree in economics from Furman University.
Christopher lives in Charleston, South Carolina with his wife, children, and golden retriever.
United States District Judge, United States District Court for the Middle District of Florida
In November 2020, the Senate confirmed Kathryn Kimball Mizelle as a United States District Judge for the Middle District of Florida. At age 33, she became the youngest Article III judge in the country. Prior to her confirmation, Judge Mizelle was in private practice at Jones Day, where she focused on complex civil and criminal litigation and appeals. Judge Mizelle previously served at the United States Department of Justice in the Office of the Associate Attorney General, in the Southern Criminal Enforcement Section of the Tax Division, and in the United States Attorney’s Office for the Eastern District of Virginia. Judge Mizelle has also taught as an adjunct professor of law at the University of Florida Levin College of Law and at George Mason University’s Antonin Scalia Law School.
Judge Mizelle earned her B.A., summa cum laude, from Covenant College, and her J.D., summa cum laude, from the University of Florida Levin College of Law. After graduation, Judge Mizelle served as a law clerk at every level of the federal judiciary: at the Supreme Court for Justice Clarence Thomas, at the D.C. Circuit for Judge Gregory G. Katsas, at the Eleventh Circuit for Chief Judge William H. Pryor Jr., and at the Middle District of Florida for Judge James S. Moody Jr.
Tocqueville Associate Professor Department of Political Science and Concurrent Associate Professor of Law, University of Notre Dame Law School
Vincent Phillip Muñoz is the Tocqueville Associate Professor of Religion & Public Life in the Department of Political Science at the University of Notre Dame. He is the founding director of Notre Dame's undergraduate minor in Constitutional Studies and directs Notre Dame's Tocqueville Program for Inquiry into Religion and Public Life.
Muñoz writes and teaches across the fields of constitutional law, American politics, and political philosophy with a focus on religious liberty and the American Founding. His first book, God and the Founders: Madison, Washington, and Jefferson (Cambridge University Press, 2009) won the Hubert Morken Award from the American Political Science Association for the best publication on religion and politics in 2009 and 2010. His First Amendment church-state case reader, Religious Liberty and the American Supreme Court: The Essential Cases and Documents (Rowman & Littlefield) was first published in 2013 (revised edition, 2015) and is being used at Notre Dame and other leading universities.
Muñoz's current project is a scholarly monograph on the natural right of religious liberty and the original meaning of the First Amendment's Religion Clauses. Articles from that project have appeared in American Political Science Review, The Harvard Journal of Law and Public Policy, Notre Dame Law Review, American Political Thought, and the University of Pennsylvania's Journal of Constitutional Law.
General Counsel, U.S. Department of Homeland Security
James H. Percival graduated from the University of California, Santa Barbara and the University of Virginia School of Law. Before his work at the Department of Homeland Security, he was Chief of Staff to then Florida Attorney General Ashley Moody. James previously served in a number of other roles for Attorney General Moody and as Senior Counsel at the U.S. Department of Justice. Before beginning his public service, James worked for a global law firm and clerked for Judge Emmett Ripley Cox of the U.S. Court of Appeals for the Eleventh Circuit. In between college and law school, James worked as a substitute teacher and as a missionary in South America.
United States District Judge, Middle District of Florida
Judge Berger was raised in Jacksonville, Florida. She received her undergraduate degree from The Florida State University in 1990 and her law degree from The Florida State University College of Law in 1992, where she was a member of Law Review. Judge Berger served as an Assistant State Attorney in the Seventh Judicial Circuit from 1993 – 2000. In January 2001, Judge Berger left the State Attorney’s Office to serve as an Assistant General Counsel to Governor Jeb Bush. Judge Berger served in Governor Bush’s administration from January 2001 until May 2005, when she was appointed by the governor to serve as a Circuit Judge in the Seventh Judicial Circuit. During her service on the circuit court, Judge Berger presided over the civil and probate divisions (2005-2006) and adult felony division (2006-2012) in St. Augustine. She was also the presiding judge of the St. Johns County Adult Drug Court Program (2005-2012).
Judge Berger is currently a member of the St. Johns County Bar Association, the Orange County Bar Association, The Florida Supreme Court Committee on Civil Jury Instructions, the Florida Bar Criminal Procedure Rules Committee, the Florida Bar Appellate Practice Section’s Executive Council, the Dunn Blount Inn of Court, and the Federalist Society. She has prior service on the Florida Bar’s Judicial Administration and Evaluation Committee (2008 – 2013), the Judicial Administration Selection and Tenure Committee (2001-2004), the Florida Supreme Court Subcommittee on Postconviction Relief (2010-2011), the Statewide Diversity Team (2009-2012), and has been a member of both the National Association of Drug Court Professionals and the Florida Association of Drug Court Professionals.
Judge Berger has lectured on a wide range of topics including practicing with professionalism, judicial diversity, the judicial appointment process, effective oral arguments, fundamentals of extradition, capital cases, gender bias in the media, drug court, and drug and alcohol prevention.
Active in her community, Judge Berger served as a member of the St. Johns County Consortium on Substance Abuse as well as the St. Johns County Public Safety Committee. She is a member of the St. Augustine Rotary Club (Paul Harris Fellow) and is a steering committee member of The Marketplace Christian Professional Resources. She volunteers in the schools, has served as a reading mentor, and participates in the PACT Prevention Coalition’s Safe Prom Event. Judge Berger is also an active member of Trinity Episcopal Parish.
Judge Berger and her husband, Larry, live in St. Augustine with their two children.
Associate Chief Justice, Utah Supreme Court
Thomas R. Lee was appointed to the Utah Supreme Court by Governor Gary Herbert in July 2010. He currently serves as Associate Chief Justice and as a member of the Utah Judicial Council. He also chaired the Supreme Court's Advisory Committee on Professionalism and Civility during a time in which the court promulgated Standards of Professionalism and Civility for judges in Utah. Justice Lee is a graduate, with high honors, of the University of Chicago Law School. After law school, he served as a law clerk for Judge J. Harvie Wilkinson, III, of the United States Court of Appeals for the Fourth Circuit and then for Justice Clarence Thomas of the United States Supreme Court. Justice Lee then joined the law firm now known as Parr, Brown, Gee & Loveless, where he became a shareholder. Prior to his appointment to the bench, Justice Lee was a full-time professor at the law school at Brigham Young University, where he continues to serve as Distinguished Lecturer. During his years as a full-time law professor, he maintained a part-time intellectual property litigation practice with Howard, Phillips, & Andersen. He also developed a part-time appellate practice, arguing numerous cases in federal courts throughout the country and in the United States Supreme Court. In 2004 - 05, Justice Lee served as Deputy Assistant Attorney General in the Civil Division of the U.S. Department of Justice.
Don Forchelli Professor of Law and Director of Graduate Education, Brooklyn Law School
Lawrence Solan holds both a law degree and a Ph.D. in linguistics. His scholarly works are largely devoted to exploring interdisciplinary issues related to law, language and psychology, especially in the areas of statutory and contractual interpretation, the attribution of liability and blame, and linguistic evidence. He is director of the Law School's Center for the Study of Law, Language and Cognition, and his acclaimed book, The Language of Judges, is widely recognized as a seminal work on linguistic theory and legal argumentation. His most recent books are The Language of Statutes: Laws and their Interpretation, published by the University of Chicago Press in 2010, and The Oxford Handbook of Language and Law, co-edited with Peter Tiersma and published in 2012. He has authored numerous articles and book chapters, and regularly lectures in the United States and abroad.
Professor Solan has been a visiting professor in the Council of Humanities and the Psychology Department at Princeton University. He has also been and a visiting professor at Yale Law School. He has served as president of the International Association of Forensic Linguistics, is on the board of the International Academy of Law and Mental Health, and the editorial board of the International Journal of Speech, Language and the Law.
Prior to joining the faculty in 1996, Professor Solan was a partner in the firm of Orans, Elsen and Lupert, where he specialized in complex civil litigation, before which he was a law clerk to Justice Stewart Pollock of the Supreme Court of New Jersey.
Assistant Professor of Law, Georgetown Law
Professor Tobia’s teaching and scholarship are motivated by a tension between two views of the law. On the first view, law is a system of experts, founded upon knowledge of specialized concepts: dicta, habeas corpus, parol evidence, strict liability. Law students learn these new concepts; treatises and restatements clarify these concepts’ features; and legal scholars debate how these concepts should apply and evolve. On a radically different view, law’s most central concepts are actually ordinary ones. Lay juries regularly evaluate familiar questions like: did he act reasonably; was her act intentional; what caused the outcome; was the agreement formed with consent; what was their motive? Using methods from philosophy, cognitive science, and linguistics, Professor Tobia’s research examines the features of central legal concepts, with the overarching aim of clarifying the relationship between law and the people it governs.
Prof. Tobia received a B.A., summa cum laude, in Philosophy, Mathematics, and Cognitive Science from Rutgers University; a B.Phil. with distinction from Oxford as an Ertegun Scholar; and a J.D. and Ph.D. with distinction from Yale, as an Articles Editor of the Yale Law Journal, Coker Teaching Fellow in Torts, and Prize Teaching Fellow in Philosophy. Kevin’s scholarship has appeared in the Harvard Law Review, Yale Law Journal, and journals of philosophy and cognitive science (e.g. Analysis; Mind & Language; Cognitive Science) and has been awarded Yale Law School’s Felix S. Cohen prize for legal philosophy and the AALS Section on Jurisprudence “Future Promise Award” for scholarship in legal philosophy.
Professor Tobia teaches in Torts and Section 3’s Legal Justice Seminar at Georgetown and has previously taught Legal Philosophy at Oxford and assisted in the instruction of courses in Contracts, Torts, Health Law & Bioethics, and Law & Economics. Professor Tobia frequently collaborates with scholars from Georgetown and abroad, as a Research Affiliate with the ETH Zurich Center for Law & Economics and collaborator in the Experimental Jurisprudence Cross-Cultural Study exchange.
U.S. Court of Appeals, First Circuit
David Barron was appointed to the United States Court of Appeals for the First Circuit in May 2014. He graduated from Harvard College in 1989 and Harvard Law School in 1994. From 1989 to 1991, he worked as a newspaper reporter. After graduating from law school, he clerked for Judge Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit, from 1994 to 1995, and for Justice John Paul Stevens of the United States Supreme Court, from 1995 to 1996. He then worked as an attorney advisor for the Office of Legal Counsel of the United States Department of Justice, from 1996 to 1999. In 1999, Barron became an Assistant Professor at Harvard Law School. He became a full Professor at Harvard Law School in 2004, where he worked until he rejoined the Justice Department as Acting Assistant Attorney General for the Office of Legal Counsel, from 2009 to 2010. He then returned to the Harvard Law School faculty in 2010, where he was named the S. William Green Professor of Public Law in 2011, and worked until his appointment to the federal bench in 2014. Currently, Barron is the Honorable S. William Green Visiting Professor of Public Law at Harvard Law School. Barron has published articles in the Harvard Law Review, the Stanford Law Review, and the Yale Law Journal. His book, Waging War, won the 2017 William E. Colby Award.
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.
Of Counsel, Foley Hoag LLP
Former Massachusetts Attorney General Martha Coakley is of counsel in Foley Hoag's Litigation Department. She focuses her practice on government and internal investigations, litigation, and data privacy and security. Martha has substantial experience in civil and criminal litigation in all state and federal courts including the U.S. Supreme Court. She has performed extensive grand jury work and defended federal grand juries and has considerable experience conducting complex investigations.
As the first female Attorney General of Massachusetts, Martha has been a national leader in addressing the economic crisis by holding banks accountable and keeping residents in their homes; protected civil rights as the first Attorney General to successfully challenge the Defense of Marriage Act; investigated fraud and corruption; championed major initiatives to address health care and energy costs; and recovered hundreds of millions of dollars back for the taxpayers of the Commonwealth of Massachusetts. She served as Attorney General from 2007-2015.
Senior Lecturer on Law, Harvard Law School
Nancy Gertner is a former U.S. federal judge who built her career around standing up for women’s rights, civil liberties and justice for all. Gertner was appointed to the federal bench of the U.S. District Court of Massachusetts by President Bill Clinton in 1994. She retired from the bench in 2011 to teach at Harvard Law School.
Named one of “The Most Influential Lawyers of the Past 25 Years” by Massachusetts Lawyers Weekly, Gertner has written and spoken throughout the U.S., Europe and Asia. She has published widely on sentencing, discrimination, and forensic evidence; women’s rights; and the jury system. Her autobiography, “In Defense of Women: Memoirs of an Unrepentant Advocate,” was published in 2011.
She is a graduate of Barnard College, Columbia University, and holds a M.A in Political Science and J.D. from Yale University. She has received numerous awards, including the Margaret Brent Award from the ABA commission on the status of Women, Massachusetts Bar Association’s Hennessey Award for judicial excellence in 2011; the Morton A. Brody Distinguished Judicial Service Award from Colby College in 2010; the National Association of Women Lawyers’ highest honor, the Arabella Babb Mansfield Award, in 2011,The Women's Bar Association's highest award, The Lelia Robinson Award, in 2012, and, in 2008, the Thurgood Marshall Award from the American Bar Association, Section of Individual Rights and Responsibilities, which recognized her contributions to advancing human rights and civil liberties. The Marshall award has been given to one other woman, Justice Ruth Ginsburg.
In November 2014, she gave the Pope and John lecture at Northwestern University. In October 2014, she was a resident scholar at the Rockefeller Foundation in Bellagio, Italy; In September she gave the keynote address at the 18th Anniversary Celebration of the Jewish Women’s archive (September 14, 2014).
Gertner is presently working on her second book, Incomplete Sentences, concerning the men who she sentenced over her 17 year career as a federal judge. In addition to writing about them, highlighting the unfairness and disproportionality of their sentences, she is assisting in clemency petitions where appropriate.
Drawing on her wide ranging experience in practice and as a judge, Gertner also consults and litigates in civil right cases (she is of counsel to Neufeld, Scheck & Brustin, a civil rights firm in New York City), white collar criminal case (she is of counsel to Fick and Marx, a white collar criminal defense firm in Boston), as well as in employment discrimination and false claims cases.
Drawing on her judicial experience, Gertner engages in mediation and arbitration with Resolutions, LLC. (with Eric Green) and the Southeast Regional Mediation, Arbitration and Compliance Association (with Bill Nettles and Paul Zwier).
U.S. District Court Judge, District of Massachusetts
Nathaniel M. Gorton is a federal judge for the United States District Court for the District of Massachusetts. He joined the court in 1992 after being nominated by President George H.W. Bush. At the time of appointment, he was a private practice in Massachusetts.
Of Counsel, K&L Gates LLP
Mr. Greco is a commercial litigator, arbitrator, mediator and appellate lawyer with more than 40 years of experience in resolving complex business and other disputes throughout the United States and internationally, and in strategically advising business entities and individuals regarding internal and governmental investigations. Mr. Greco is former President of the American Bar Association.
He has represented a wide range of business clients in high stakes commercial litigation and arbitrations, and has served as litigator, arbitrator and mediator in disputes involving for example, national and international financial institutions, national accounting firms, bio-technology firms, architects, engineers, insurers, insureds, professional sports and athletes, intellectual property firms, consulting firms, contractors, real estate developers, national airlines, and corporations and key executives in governmental and internal investigations.
Op-Ed Columnist, The Boston Globe
Jeff Jacoby, who has been a columnist for The Boston Globe since 1994, is a conservative writer with a national reputation.
A native of Cleveland, Jeff has degrees from George Washington University and from Boston University Law School. Before entering journalism, he (briefly) practiced law at the prominent firm of Baker & Hostetler, worked on several political campaigns in Massachusetts, and was an assistant to Dr. John Silber, the president of Boston University. In 1999, Jeff became the first recipient of the Breindel Prize, a major award for excellence in opinion journalism. In 2014, he was included in the “Forward 50,” a list of the most influential American Jews.
Partner, McCarter & English, LLP
Daniel Kelly brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience. Dan’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services, including emerging and established biomedical, intelligence, pharma, security, and textile R&D, manufacturing and production houses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies; Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers; and raw materials and component suppliers to large military prime contractors.
Dan is the author of the August 2018 edition Thomson Reuters’ Briefing Papers, which provides a comprehensive review of patent rights under “Other Transaction Agreements” (OTAs) with DoD and NASA. Heavily promoted by Congress, and only partially understood by industry, OTAs are quickly becoming DoD’s and NASA’s contractual vehicle of choice to lure commercial companies to sell the Government their latest and greatest technologies. However, OTAs are not governed by standard government contracts laws and regulations, meaning there are significant changes to the common provisions of ownership and license rights incident to government contracts and grants. The Briefing Paper should be required reading before entities enter into an OTA as a vehicle for developing new technologies for NASA and DoD to ensure their company’s intellectual property efforts are properly protected
In the matters, AdvanceMed Corporation, B-415360,B-415360.2,B-415360.3 (Dec 19, 2017), and AdvanceMed Corporation, B-414373.3 (Jan 10, 2018) Dan and the Government Contracts team at McCarter successfully defended its client Health Integrity, LLC (now Qlarant) against protests launched at the Government Accountability Office challenging awards by the Centers for Medicare and Medicaid Services (CMS) for Medicare and Medicaid audit and program integrity services.
Dan serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.
Dan serves as an adjunct member of the faculty at Suffolk University Law School where he has taught Government Contracts.
Dan receives Mentor of the Year Award in recognition of his contributions and support to NCMA Boston Chapter’s 2017-2018 Program Year.
U.S. District Court Judge, District of Massachusetts
Nominated by William J. Clinton on April 4, 1995, to a new seat created by 104 Stat. 5089; Confirmed by the Senate on May 25, 1995, and received commission on May 26, 1995.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Executive Director, ACLU of Massachusetts
Carol Rose is executive director of the ACLU of Massachusetts. A lawyer and journalist, Carol has spent her career advocating for human rights and civil liberties both in the United States and abroad, including Afghanistan, Pakistan, Nepal, Japan, Sri Lanka, Israel, the West Bank and Gaza, Northern Ireland, and Vietnam. Prior to assuming her position at the helm of the ACLU of Massachusetts in January 2003, she worked as an attorney at the Boston law firm of Hill & Barlow, where she specialized in First Amendment and media law, intellectual property, civil rights, and international human rights law. She clerked for U.S. District Court Judge Patti Saris. She holds degrees from Stanford University, the London School of Economics, and Harvard Law School.
U.S. District Court Judge, District of Massachusetts
Douglas Preston Woodlock is a federal judge for the U.S. District Court for the District of Massachusetts. He joined the court in 1986 after being nominated by President Ronald Reagan. At the time of appointment, Woodlock served as Chairman of the Massachusetts Committee for Public Counsel Services.
U.S. District Court Judge, District of Massachusetts
Rya Weickert Zobel is a federal judge of the United States District Court for the District of Massachusetts. She joined the court in 1979 after being nominated by President Jimmy Carter. At the time of her appointment, Zobel was a private practice attorney inMassachusetts.
U.S. Court of Appeals, First Circuit
David Barron was appointed to the United States Court of Appeals for the First Circuit in May 2014. He graduated from Harvard College in 1989 and Harvard Law School in 1994. From 1989 to 1991, he worked as a newspaper reporter. After graduating from law school, he clerked for Judge Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit, from 1994 to 1995, and for Justice John Paul Stevens of the United States Supreme Court, from 1995 to 1996. He then worked as an attorney advisor for the Office of Legal Counsel of the United States Department of Justice, from 1996 to 1999. In 1999, Barron became an Assistant Professor at Harvard Law School. He became a full Professor at Harvard Law School in 2004, where he worked until he rejoined the Justice Department as Acting Assistant Attorney General for the Office of Legal Counsel, from 2009 to 2010. He then returned to the Harvard Law School faculty in 2010, where he was named the S. William Green Professor of Public Law in 2011, and worked until his appointment to the federal bench in 2014. Currently, Barron is the Honorable S. William Green Visiting Professor of Public Law at Harvard Law School. Barron has published articles in the Harvard Law Review, the Stanford Law Review, and the Yale Law Journal. His book, Waging War, won the 2017 William E. Colby Award.
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.
Of Counsel, Foley Hoag LLP
Former Massachusetts Attorney General Martha Coakley is of counsel in Foley Hoag's Litigation Department. She focuses her practice on government and internal investigations, litigation, and data privacy and security. Martha has substantial experience in civil and criminal litigation in all state and federal courts including the U.S. Supreme Court. She has performed extensive grand jury work and defended federal grand juries and has considerable experience conducting complex investigations.
As the first female Attorney General of Massachusetts, Martha has been a national leader in addressing the economic crisis by holding banks accountable and keeping residents in their homes; protected civil rights as the first Attorney General to successfully challenge the Defense of Marriage Act; investigated fraud and corruption; championed major initiatives to address health care and energy costs; and recovered hundreds of millions of dollars back for the taxpayers of the Commonwealth of Massachusetts. She served as Attorney General from 2007-2015.
Senior Lecturer on Law, Harvard Law School
Nancy Gertner is a former U.S. federal judge who built her career around standing up for women’s rights, civil liberties and justice for all. Gertner was appointed to the federal bench of the U.S. District Court of Massachusetts by President Bill Clinton in 1994. She retired from the bench in 2011 to teach at Harvard Law School.
Named one of “The Most Influential Lawyers of the Past 25 Years” by Massachusetts Lawyers Weekly, Gertner has written and spoken throughout the U.S., Europe and Asia. She has published widely on sentencing, discrimination, and forensic evidence; women’s rights; and the jury system. Her autobiography, “In Defense of Women: Memoirs of an Unrepentant Advocate,” was published in 2011.
She is a graduate of Barnard College, Columbia University, and holds a M.A in Political Science and J.D. from Yale University. She has received numerous awards, including the Margaret Brent Award from the ABA commission on the status of Women, Massachusetts Bar Association’s Hennessey Award for judicial excellence in 2011; the Morton A. Brody Distinguished Judicial Service Award from Colby College in 2010; the National Association of Women Lawyers’ highest honor, the Arabella Babb Mansfield Award, in 2011,The Women's Bar Association's highest award, The Lelia Robinson Award, in 2012, and, in 2008, the Thurgood Marshall Award from the American Bar Association, Section of Individual Rights and Responsibilities, which recognized her contributions to advancing human rights and civil liberties. The Marshall award has been given to one other woman, Justice Ruth Ginsburg.
In November 2014, she gave the Pope and John lecture at Northwestern University. In October 2014, she was a resident scholar at the Rockefeller Foundation in Bellagio, Italy; In September she gave the keynote address at the 18th Anniversary Celebration of the Jewish Women’s archive (September 14, 2014).
Gertner is presently working on her second book, Incomplete Sentences, concerning the men who she sentenced over her 17 year career as a federal judge. In addition to writing about them, highlighting the unfairness and disproportionality of their sentences, she is assisting in clemency petitions where appropriate.
Drawing on her wide ranging experience in practice and as a judge, Gertner also consults and litigates in civil right cases (she is of counsel to Neufeld, Scheck & Brustin, a civil rights firm in New York City), white collar criminal case (she is of counsel to Fick and Marx, a white collar criminal defense firm in Boston), as well as in employment discrimination and false claims cases.
Drawing on her judicial experience, Gertner engages in mediation and arbitration with Resolutions, LLC. (with Eric Green) and the Southeast Regional Mediation, Arbitration and Compliance Association (with Bill Nettles and Paul Zwier).
U.S. District Court Judge, District of Massachusetts
Nathaniel M. Gorton is a federal judge for the United States District Court for the District of Massachusetts. He joined the court in 1992 after being nominated by President George H.W. Bush. At the time of appointment, he was a private practice in Massachusetts.
Of Counsel, K&L Gates LLP
Mr. Greco is a commercial litigator, arbitrator, mediator and appellate lawyer with more than 40 years of experience in resolving complex business and other disputes throughout the United States and internationally, and in strategically advising business entities and individuals regarding internal and governmental investigations. Mr. Greco is former President of the American Bar Association.
He has represented a wide range of business clients in high stakes commercial litigation and arbitrations, and has served as litigator, arbitrator and mediator in disputes involving for example, national and international financial institutions, national accounting firms, bio-technology firms, architects, engineers, insurers, insureds, professional sports and athletes, intellectual property firms, consulting firms, contractors, real estate developers, national airlines, and corporations and key executives in governmental and internal investigations.
Op-Ed Columnist, The Boston Globe
Jeff Jacoby, who has been a columnist for The Boston Globe since 1994, is a conservative writer with a national reputation.
A native of Cleveland, Jeff has degrees from George Washington University and from Boston University Law School. Before entering journalism, he (briefly) practiced law at the prominent firm of Baker & Hostetler, worked on several political campaigns in Massachusetts, and was an assistant to Dr. John Silber, the president of Boston University. In 1999, Jeff became the first recipient of the Breindel Prize, a major award for excellence in opinion journalism. In 2014, he was included in the “Forward 50,” a list of the most influential American Jews.
Partner, McCarter & English, LLP
Daniel Kelly brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience. Dan’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services, including emerging and established biomedical, intelligence, pharma, security, and textile R&D, manufacturing and production houses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies; Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers; and raw materials and component suppliers to large military prime contractors.
Dan is the author of the August 2018 edition Thomson Reuters’ Briefing Papers, which provides a comprehensive review of patent rights under “Other Transaction Agreements” (OTAs) with DoD and NASA. Heavily promoted by Congress, and only partially understood by industry, OTAs are quickly becoming DoD’s and NASA’s contractual vehicle of choice to lure commercial companies to sell the Government their latest and greatest technologies. However, OTAs are not governed by standard government contracts laws and regulations, meaning there are significant changes to the common provisions of ownership and license rights incident to government contracts and grants. The Briefing Paper should be required reading before entities enter into an OTA as a vehicle for developing new technologies for NASA and DoD to ensure their company’s intellectual property efforts are properly protected
In the matters, AdvanceMed Corporation, B-415360,B-415360.2,B-415360.3 (Dec 19, 2017), and AdvanceMed Corporation, B-414373.3 (Jan 10, 2018) Dan and the Government Contracts team at McCarter successfully defended its client Health Integrity, LLC (now Qlarant) against protests launched at the Government Accountability Office challenging awards by the Centers for Medicare and Medicaid Services (CMS) for Medicare and Medicaid audit and program integrity services.
Dan serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.
Dan serves as an adjunct member of the faculty at Suffolk University Law School where he has taught Government Contracts.
Dan receives Mentor of the Year Award in recognition of his contributions and support to NCMA Boston Chapter’s 2017-2018 Program Year.
U.S. District Court Judge, District of Massachusetts
Nominated by William J. Clinton on April 4, 1995, to a new seat created by 104 Stat. 5089; Confirmed by the Senate on May 25, 1995, and received commission on May 26, 1995.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Executive Director, ACLU of Massachusetts
Carol Rose is executive director of the ACLU of Massachusetts. A lawyer and journalist, Carol has spent her career advocating for human rights and civil liberties both in the United States and abroad, including Afghanistan, Pakistan, Nepal, Japan, Sri Lanka, Israel, the West Bank and Gaza, Northern Ireland, and Vietnam. Prior to assuming her position at the helm of the ACLU of Massachusetts in January 2003, she worked as an attorney at the Boston law firm of Hill & Barlow, where she specialized in First Amendment and media law, intellectual property, civil rights, and international human rights law. She clerked for U.S. District Court Judge Patti Saris. She holds degrees from Stanford University, the London School of Economics, and Harvard Law School.
U.S. District Court Judge, District of Massachusetts
Douglas Preston Woodlock is a federal judge for the U.S. District Court for the District of Massachusetts. He joined the court in 1986 after being nominated by President Ronald Reagan. At the time of appointment, Woodlock served as Chairman of the Massachusetts Committee for Public Counsel Services.
U.S. District Court Judge, District of Massachusetts
Rya Weickert Zobel is a federal judge of the United States District Court for the District of Massachusetts. She joined the court in 1979 after being nominated by President Jimmy Carter. At the time of her appointment, Zobel was a private practice attorney inMassachusetts.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Panel I: Recent Developments on Parental Rights
Luke Berg, Thomas M. Fisher, Emilie Kao, Matthew W. McFarland
Anxiety regarding parental rights in American healthcare and education is at an all time high. ...
Session II: SCOTUS after the Barrett Confirmation
Kathryn Kimball Mizelle, Vincent Phillip Munoz, James Hamilton Percival, Christopher E. Mills, Eliot Bradford Peace
On January 30, 2021, The Federalist Society's Florida lawyers chapters hosted their annual Florida Chapters...
Session II: SCOTUS after the Barrett Confirmation
Christopher E. Mills, Kathryn Kimball Mizelle, Vincent Phillip Munoz, Eliot Bradford Peace, James Hamilton Percival
On January 30, 2021, The Federalist Society's Florida lawyers chapters hosted their annual Florida Chapters...
Luncheon Panel: A Virtual Discussion on Corpus Linguistics
Wendy Berger, Thomas Rex Lee, Lawrence Solan, Kevin Tobia
Corpus linguistics has recently emerged as a method for addressing problems in the legal/textualist interpretation....
Shakespeare & the Law: Julius Caesar
David Barron, Jennifer C. Braceras, Martha Coakley, David French, Nancy Gertner, Nathaniel M. Gorton, Michael Greco, Jeff Jacoby, Daniel J. Kelly, George O'Toole, Dean Reuter, Carol Rose, F Saylor, Douglas P. Woodlock, Rya W. Zobel
Julius Caesar is Shakespeare’s classic depiction of the abuse of power, political assassination and intrigue –...
Shakespeare & the Law: Julius Caesar
David Barron, Jennifer C. Braceras, Martha Coakley, David French, Nancy Gertner, Nathaniel M. Gorton, Michael Greco, Jeff Jacoby, Daniel J. Kelly, George O'Toole, Dean Reuter, Carol Rose, F Saylor, Douglas P. Woodlock, Rya W. Zobel
Julius Caesar is Shakespeare’s classic depiction of the abuse of power, political assassination and intrigue –...
Battle Against IRS's Tea Party Targeting Will Go Another Round in District Court
By now, the timeline is familiar. On January 21, 2010, the United States Supreme Court...
Antitrust and High-tech: Regulatory Risks for Innovation and Competition
Ronald A. Cass
I. Target Selection in an Innovation Economy A. Regulatory Power, Regulations’ Problems, and Antitrust While...
Bar Watch Bulletin August 9 & 10, 2008
The American Bar Association's Annual Meeting will be taking place from August 7-12 in New...