Partner, Sidley Austin LLP
BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros. He has also handled a variety of civil and appellate cases in federal court.
From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.
Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.
Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Adjunct Scholar and Former Director, Project On Criminal Justice, Cato Institute
Tim Lynch is an attorney specializing in criminal law, constitutional law, and civil liberties. He is an adjunct scholar at the Cato Institute and the former director of Cato’s Project on Criminal Justice. His research interests include all aspects of constitutional criminal procedure, overcriminalization, the drug war, and police and prosecutorial misconduct. In 2000, he served on the National Committee to Prevent Wrongful Executions. Lynch also prepares amicus briefs before appellate courts and the U.S. Supreme Court in cases involving constitutional rights. He is the editor of In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law” and After Prohibition: An Adult Approach to Drug Policies in the 21st Century.
Lynch has published a variety of articles in both the law journals and in opinion pieces for the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, and other newspapers. He has appeared on The PBS NewsHour, NBC Nightly News, ABC World News Tonight, and C-SPAN’s Washington Journal. Lynch is a member of the Virginia, District of Columbia, and Supreme Court bars. He earned both a BS and a JD from Marquette University.
Mr. Lynch can be reached via his personal website.
Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Ronald Reagan Distinguished Fellow, The Heritage Foundation
Becky Norton Dunlop, a prominent leader, strategist, and counselor in the conservative movement, is The Heritage Foundation’s Ronald Reagan Distinguished Fellow.
Dunlop, who joined the leading think tank in 1998, holds the only policy chair in the country to be officially named for the 40th president. She succeeds Ed Meese, the U.S. attorney general under Reagan, who assumed emeritus status.
Dunlop oversees special projects, travels as an ambassador for Heritage, and works tirelessly to assure that the legacy of principles, policies, and practices represented by the life and service of Ronald Reagan remain in the hearts and minds of Americans.
Previously, Dunlop was Heritage’s vice president for external relations from 1998 until May 2016. She served on the Trump Transition team.
Dunlop was a senior official in the Reagan administration from 1981-1989 inside the White House, at the Justice Department, and at the Interior Department.
She served from 1994-1998 as Secretary of Natural Resources for the Commonwealth of Virginia in the Cabinet of then-Virginia Gov. George Allen.
As political director for the American Conservative Union from 1973- 1977, she was instrumental in organizing grass-roots activists for Reagan’s unsuccessful 1976 race for the Republican nomination and advised his successful 1980 nomination and general election campaigns.
From Reagan’s first inauguration in 1981 to 1985, her White House posts included Deputy Assistant to the President for Presidential Personnel and Special Assistant to the President and Director of his Cabinet office. During Reagan’s second term, Dunlop served as senior special assistant to Meese, then attorney general, in charge of managing Cabinet-level domestic policy issues. She oversaw major policy reports on the environment, the family, federalism, tort reform, privatization, and welfare reform.
She completed her service in the Reagan administration as deputy undersecretary of the Interior Department and as assistant interior secretary for fish, wildlife, and parks.
Dunlop is one of the few of the insiders from the beginnings of the Reagan era who remain active in public policy leadership.
As Virginia’s natural resources chief, Dunlop worked to streamline, decentralize, and down-size agencies while protecting and improving the environment. She is one of the few “free-market environmentalists” to have headed a state agency and put ideas into action. Her book, “Clearing the Air” (Alexis de Tocqueville Institute, 2000), chronicles some of her experiences in advancing those principles.
In 2002, President George W. Bush appointed her to a part-time post as chairwoman of the Federal Service Impasses Panel. The seven-member panel resolves disputes between federal agencies management and labor unions. Under her leadership, it took on several hundred cases and eliminated backlogs.
Other current leadership roles include the boards of the Virginia Institute for Public Policy, the Reagan Ranch Board of Governors, the Reagan Alumni Association, the Association for American Educators and the AAE Foundation, the Council for National Policy and the American Conservative Union.
In addition to topics addressing conservative principles and their roots in the nation’s founding, Dunlop is a sought-after public speaker on the idea that personnel is policy; on energy, natural resources and the environment (including free market environmentalism); on federalism as a former member of a governor’s Cabinet; Capitalism and the Rule of Law, and on the Reagan administration (including the 40th president’s effective leadership style).
A graduate of Miami University in Ohio, she currently resides in Arlington, Virginia, with her husband, George S. Dunlop. The Dunlops are members of Oakland Baptist Church in Alexandria, Virginia.
J.B. and Maurice C. Shapiro Professor of Public Interest Law; Director of the Environmental Law Advocacy Center; Executive Director, Project for Older Prisoners, The George Washington University Law School
Jonathan Turley is a nationally recognized legal scholar who has written extensively in areas ranging from constitutional law to legal theory to tort law. After a stint at Tulane Law School, Professor Turley joined the GW Law faculty in 1990, and in 1998, became the youngest chaired professor in the school’s history.
He is the founder and executive director of the Project for Older Prisoners (POPS). He has written more than three dozen academic articles that have appeared in a variety of leading law journals including those of Cornell, Duke, Georgetown, Harvard, and Northwestern Universities, among others. He most recently completed a three-part study of the historical and constitutional evolution of the military system.
Professor Turley has served as counsel in some of the most notable cases in the last two decades, including his representation of the Area 51 workers at a secret air base in Nevada; the nuclear couriers at Oak Ridge, Tennessee; the Rocky Flats grand jury in Colorado; Dr. Eric Foretich, the husband in the Elizabeth Morgan custody controversy; and four former U.S. Attorney Generals during the Clinton impeachment litigation. Professor Turley also has served as counsel in a variety of national security and terrorism cases, and has been ranked as one of the top 10 lawyers handling military cases.
He has served as a consultant on homeland security and constitutional issues, and is a frequent witness before the House and Senate on constitutional and statutory issues as well as tort reform legislation. He also is a nationally recognized legal commentator; he ranked 38th in the top 100 most cited ‘public intellectuals’ in a recent study by Judge Richard Posner and was found to be the second most cited law professor in the country.
He is a member of the USA Today board of contributors and the recipient of the “2005 Single Issue Advocate of the Year” – the annual opinion award for the Aspen Institute and The Week magazine. More than 400 of his articles on legal and policy issues regularly appear in national newspapers. He also has worked as the CBS and NBC legal analyst, respectively, during national controversies.
Former Associate Justice, United States Supreme Court
Stephen G. Breyer was born in San Francisco, California, August 15, 1938. He married Joanna Hare in 1967, and has three children - Chloe, Nell, and Michael. He received an A.B. from Stanford University, a B.A. from Magdalen College, Oxford, and an LL.B. from Harvard Law School. He served as a law clerk to Justice Arthur Goldberg of the Supreme Court of the United States during the 1964 Term, as a Special Assistant to the Assistant U.S. Attorney General for Antitrust, 1965–1967, as an Assistant Special Prosecutor of the Watergate Special Prosecution Force, 1973, as Special Counsel of the U.S. Senate Judiciary Committee, 1974–1975, and as Chief Counsel of the committee, 1979–1980. He was an Assistant Professor, Professor of Law, and Lecturer at Harvard Law School, 1967–1994, a Professor at the Harvard University Kennedy School of Government, 1977–1980, and a Visiting Professor at the College of Law, Sydney, Australia and at the University of Rome. From 1980–1990, he served as a Judge of the United States Court of Appeals for the First Circuit, and as its Chief Judge, 1990–1994. He also served as a member of the Judicial Conference of the United States, 1990–1994, and of the United States Sentencing Commission, 1985–1989. President Clinton nominated him as an Associate Justice of the Supreme Court, and he took his seat August 3, 1994. Justice Breyer retired from the Supreme Court on June 30, 2022.
U.S. Court of Appeals, Seventh Circuit
Frank H. Easterbrook is a judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer at the Law School of the University of Chicago. He was Chief Judge from 2006–2013. Before joining the court in 1985, he was the Lee andBrena Freeman Professor of Law at the University of Chicago, where he taught and wrote in antitrust, securities, corporate law, jurisprudence, and criminal procedure. He has published The Economic Structure of Corporate Law (with Daniel R. Fischel) and about 100 scholarly articles. He served as Co-Editor of the Journal of Law and Economics from 1982 to 1991 and as a member of the Judicial Conference’s Standing Committee on Rules of Practice and Procedure from 1991 to 1997. Before joining the faculty of the Law School in 1979, Judge Easterbrook was Deputy Solicitor General of the United States. He holds degrees from Swarthmore College (B.A. with high honors, 1970) and the University of Chicago (J.D. cum laude, 1973), and is a member of the American Academy of Arts and Sciences, the American Law Institute, the Mont Pelerin Society, Phi Beta Kappa, and the Order of the Coif.
Former Executive Director, Federal Defender Program
Mr. MacCarthy graduated at the top of his class from St. Joseph's College in 1955, with a B.A. in Philosophy. After serving as a Lieutenant in the Marines, he attended law school at DePaul, graduating again in the top ten percent of his class in 1960. Following graduation, he served as an Assistant Professor of contracts and real property before beginning a clerkship to former Chief Judge William J. Campbell of the US District Court for the Northern District of Illinois and serving as Illinois Special Assistant Attorney General, specializing in civil trials and appeals. In 1966, he began serving as Executive Director of the Federal Defender Program in the US District Court for the Northern District of Illinois. He was selected for the position by the judges of the District Court and the deans of the six Chicago law schools. As Executive Director, Mr. MacCarthy was primarily responsible for the administration of the unique and highly successful program that provides counsel for some 1500 defendants each year who are charged with federal crimes but are unable to afford private counsel. Since its beginning, the office is frequently reported as being one of the best defender offices in the nation. Always a strong believer in mentoring, Mr. MacCarthy has authored and published over twenty legal articles. Terrence MacCarthy is a member of the American, Illinois, Chicago, Federal and Seventh Circuit Bar Associations, the Illinois Attorneys for Criminal Justice, the National College of Criminal Defense, the National Legal Aid & Defender Association and the National Association of Criminal Defense Lawyers serving on the Board of each. He has been awarded the DePaul University College of Law 1994 Alumni Service Award, the 1993 National Association of Criminal Lawyers Distinguished Service Award, the Illinois Attorneys for Criminal Justice 1993 Annual Award for Extraordinary Contribution to the Goals and Ideals of the Association, the California Attorneys for Criminal Justice 1990 Annual Award for Significant Contribution to Criminal Justice and the 1989 University of Virginia School of Law William J. Brennan, Jr. Award, presented to him by Justice Brennan.
President, Education Executives, LLC
Ilene H. Nagel is President of Education Executives, LLC, a consulting firm that specializes in the search for AAU and research university presidents, provosts, and deans, as well as the search for senior leaders of distinguished scientific organizations. In addition, Ilene has led the search for the VP for Health Sciences and/or Dean of Medicine for Hopkins, Stanford, UCLA, the University of Michigan, Harvard, Emory, UVA, Brown, UT Southwestern, UAB, Stony Brook, SUNY Buffalo, Indiana University, among others, as well as a variety of chair searches for academic medical centers, and the search for the CEO of the hospital systems for Stanford and for UCLA.
From 2005-2016, Ilene led the Higher Education practice for Russell Reynolds Associates, an internationally renowned executive search firm; her clients included Harvard, MIT, Stanford, Lehigh, USC, Northwestern, the University of Pennsylvania, NYU, Johns Hopkins, Duke, Georgetown, Washington University, Brown, Emory, UCLA, UVA, UCSD, the University of Michigan, the University of North Carolina, Chapel Hill, UT Austin, the University of Minnesota, and a host of others, including, but not limited to the Fred Hutchinson Cancer Center, the Salk Institute for Biological Studies, the Smithsonian, the Moore Foundation, and Brookhaven National Laboratory.
Before becoming a search consultant, Ilene had more than 30 years’ experience as an academic, with professorial appointments in several AAU research universities. Most recently, Ilene served as the Executive Vice Chancellor (chief academic officer) at the University of California, Santa Barbara. Before joining the University of California, Ilene was Dean of the Graduate School and Associate Provost for Research at the University of Maryland, College Park. Previously, she was on the law faculty at Indiana University, Bloomington, where she was a tenured Full Professor, with a joint appointment in the College of Arts and Sciences. During her 20+ year tenure at Indiana University, Ilene took several leaves of absence to accept a variety of visiting faculty appointments at Yale Law School, Cambridge University, Columbia University School of Law, and George Washington University’s National Law Center.
Ilene received her B.A., magna cum laude, from Hunter College, and her M.A. and Ph.D. from New York University. She did a post-doctoral fellowship at the University of Minnesota, and received her Master’s of Legal Studies from Stanford Law School. She was a Guggenheim Fellow at Yale Law School, a Visiting Scholar at the Bellagio Conference Center in Italy, and a Visiting Scholar at Cambridge University.
In addition to her academic appointments, Ilene was nominated by the President, and confirmed by the United States Senate to serve a 6-year term in the federal judiciary, as a Member of the United States Sentencing Commission. She ultimately served for 9 years, full time, from 1985-1994, under three United States presidents, while retaining her faculty appointments on a part time basis.
Ilene serves as a corporate board member of Strada Education Network, an Indiana based Higher Education company, as well as a member of the Board of CGS (the Celerian Group), a subsidiary of Blue Cross Blue Shield of South Carolina. In addition, Ilene served for several terms on the Board of the Santa Barbara Museum of Art, and on the Board of Santa Barbara Visiting Nurse and Hospice Association. She is a past and now honorary member of the Board of the Santa Barbara International Film Festival, and a prior member of the Alfred University Board of Trustees. She is also presently serving as a Board member of the Cape Ann Museum, and the Birnam Wood Golf Club.
Ilene and her husband, contemporary sculptor Aristides Burton Demetrios, reside in Montecito, California. Aris is a graduate of Harvard University; he is the son of Virginia Lee Burton, renowned children’s book author and illustrator, and George Demetrios, a classical sculptor.
The Future of Miranda and the Exclusionary Rule
Michael O'Neill, Vivian Berger, Bradford A. Berenson, William G. Otis, Tim Lynch
Following are remarks from a panel discussion sponsored by the Criminal Law & Procedure Practice...
The Independent Counsel Act: An Unconstitutional Delegation of Power of Judges
Jeremy B. Rosen
A defense lawyer for one of the targets of a federal independent counsel probe gave...
The Federalization of Criminal Law
D Smith
It is a real honor to be invited as a participant in a Practice Group...
Smithfield Sidetracks Environmental Regulation Debate
Peter Coppelman, Becky Norton Dunlop, Jonathan R. Turley
On Thursday, October 16, 1997, at the Federalist Society’s annual National Lawyers Convention in Washington,...
The ABA and Criminal Justice Issues
INTRODUCTION In 1996, the Federalist Society for Law and Public Policy Studies launched fifteen legal...
Equality vs. Discretion in Sentencing [Archive Collection]
Second Annual National Lawyers Convention
Washington, DC