Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Partner, Benesch, Friedlander, Coplan & Aronoff LLP
Peter focuses his legal practice on representing management in employment-related litigation and in contract negotiations, NLRB proceedings, EEO matters and arbitration.
Peter Kirsanow is a partner with Benesch’s Labor & Employment Practice Group. He returned to Benesch in January 2008 after serving as a presidential appointee to the National Labor Relations Board (NLRB) in Washington D.C. for two years. While serving on the NLRB, he was involved with significant decisions including Oakwood Healthcare, Inc., Dana/Metaldyne and Oil Capital Sheet Metal, Inc. In addition, Peter testified before the Senate Judiciary Committee on the nominations of John Roberts, Samuel Alito, Sonia Sotomayor, Elena Kagan and Neil Gorsuch to the Supreme Court. He also continues to testify before and advise members of the U.S. Congress on employment law matters, most recently on November 18 before the House Subcommittee on Investigations and Oversight regarding disparate impact theory.
Peter was recently reappointed by the Majority Leader of the House of Representatives to his fourth consecutive six-year term on the U.S. Commission on Civil Rights. This is a part-time position which will expire in December 2025.
Recently, Peter and a team of Benesch attorneys served as lead counsel to the National Association of Manufacturers in litigation before the U.S. Circuit Court for the District of Columbia against the NLRB, challenging the Board’s Notice of Employer Rights Posting Rule. The court ruled in favor of Benesch’s client, striking down the NLRB’s Rule in its entirety. This ruling impacts over 6,000,000 employers nationwide which would have been subject to the posting requirement.
Additionally, Peter is past chair of the board of directors of the Center for New Black Leadership and is a member of Benesch’s Diversity & Inclusion Committee. This committee helps ensure that the firm promotes an environment in which differences are respected, employees are treated fairly, and individual skills and talents are valued.
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.
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.
Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights, University of North Carolina School of Law
Theodore M. Shaw is the Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights at the University of North Carolina School of Law at Chapel Hill. Professor Shaw teaches Civil Procedure and Advanced Constitutional Law/Fourteenth Amendment. Before joining the faculty of UNC Law School, from 2008-2014 Professor Shaw taught at Columbia University Law School, where he was Professor of Professional Practice. During that time he was also “Of Counsel” to the law firm of Norton Rose Fulbright (formerly Fulbright & Jaworski, LLP). His practice involved civil litigation and representation of institutional clients on matters concerning diversity and civil rights.
Professor Shaw was the fifth Director-Counsel and President of the NAACP Legal Defense and Educational Fund, Inc., for which he worked in various capacities over the span of twenty-six years. He has litigated education, employment, voting rights, housing, police misconduct, capital punishment and other civil rights cases in trial and appellate courts, and in the United States Supreme Court.From 1982 until 1987, he litigated education, housing, and capital punishment cases and directed LDF's education litigation docket. In 1987, under the direction of LDF's third Director-Counsel, Julius Chambers, Mr. Shaw relocated to Los Angeles to establish LDF's Western Regional Office. In 1990, Mr. Shaw left LDF to join the faculty of the University of Michigan Law School, where he taught Constitutional Law, Civil Procedure and Civil Rights. While at Michigan, he played a key role in initiating a review of the law school's admissions practices and policies, and served on the faculty committee that promulgated the admissions program that was upheld by the U.S. Supreme Court in 2003 in Grutter v. Bollinger.
In 1993, Mr. Shaw returned to LDF as Associate Director-Counsel, and in 2004, he became LDF's fifth Director-Counsel. Mr. Shaw's legal career began as a Trial Attorney in the Honors Program of the United States Department of Justice, Civil Rights Division in Washington, D.C., where he worked from 1979 until 1982.
Mr. Shaw has testified on numerous occasions before Congress and before state and local legislatures. His human rights work has taken him to Africa, Asia, Europe, and South America. In addition to teaching at Columbia and at Michigan Law School, Professor Shaw held the 1997-1998 Haywood Burns Chair at CUNY School of Law at Queens College and the 2003 Phyllis Beck Chair at Temple Law School. He was a visiting scholar at the Constitution Center in Philadelphia in 2008-2009. He is a member of the faculty of the Practicing Law Institute (PLI).
Mr. Shaw served on the Obama Transition Team after the 2008 presidential election, as team leader for the Civil Rights Division of the Justice Department.
Partner, Sidley Austin LLP
ROGER MARTELLA co-leads the Environmental practice group at Sidley Austin LLP. He rejoined Sidley Austin LLP after serving as the General Counsel of the United States Environmental Protection Agency, concluding 10 years of litigating and handling complex environmental and natural resource matters at the Department of Justice and EPA. In 2015, Roger was recognized by Who’s Who Legal as the environmental lawyer of the year globally.
Roger’s practice focuses on three primary areas. First, Roger advises companies on developing strategic approaches to achieve their goals in light of rapidly developing demands to addressclimate change, promote sustainability and utilize clean energy. Second, Roger handles a broad range of environmental and natural resource litigation and mediation. Third, Roger advises multinational companies on compliance with environmental laws in the United States, China, the European Union and other nations.
Roger counsels approximately 50 of the world’s leading conventional and renewable energy, industrial, transportation, agricultural, forestry, and technology companies on bet-the-company environmental issues, regulatory matters, and litigation including transitioning to an era of legal controls addressing greenhouse gas emissions, increasingly stringent pollutant controls, alternative and clean energy, hydraulic fracturing, and sustainability both in the United States and abroad.
Roger employs a strategic, forward-looking approach to solving emerging law and policy issues across the world that have the potential to create both opportunities and risks for domestic and multinational energy and manufacturing companies and industries. Roger’s approach is to build a collaborative and coalition-building framework that seeks the strongest possible results through up front coordination with government, industry, and NGO stakeholders, leveraging strong honest broker relations with government officials and understanding of government approach to realize resolutions that have led to extraordinary favorable resolutions offering significant regulatory relief to industries and pennies-on-the-dollar enforcement settlements for companies.
Roger was unanimously confirmed by the United States Senate as EPA General Counsel. In that role, Roger served as EPA’s chief legal advisor supervising an office of 350 lawyers and staff in Washington and 10 regional offices. In particular, Roger led the team responsible for developing for the first time under the Clean Air Act the federal government’s climate change legal framework and options in response to the landmark Supreme Court decision Massachusetts v. EPA, which held greenhouse gases to be air pollutants under the Clean Air Act.
Attorney General, State of Colorado
John W. Suthers is a lifetime resident of Colorado. He graduated magna cum laude from the University of Notre Dame with a degree in Government in 1974 and from the University of Colorado Law School in 1977. From 1977 to 1981, he served as a deputy and chief deputy district attorney in Colorado Springs. From September of 1979 to January of 1981, he headed the Economic Crime Division of the District Attorney’s Office and co-authored a nationally published book on consumer fraud and white-collar crime.
In January of 1981, Mr. Suthers entered private practice and became a litigation partner in the Colorado Springs firm of Sparks Dix, P.C. He remained with the firm until November of 1988, when he defeated an incumbent to be elected District Attorney of the Fourth Judicial District. He was elected to a second term as District Attorney in November of 1992. At the conclusion of that second term in January of 1997, he returned to Sparks Dix, P.C. as Senior Counsel in charge of the firm’s litigation section.
On January 12, 1999, Gov. Bill Owens appointed Mr. Suthers as the executive director of the Colorado Department of Corrections. As head of the Colorado correctional system, he was in charge of an organization with nearly 6,000 employees and an annual operational budget of approximately $500 million.
On July 30, 2001, Mr. Suthers was nominated by President George W. Bush to be the United States Attorney for the District of Colorado. He was unanimously confirmed by the U.S. Senate. As U.S. Attorney, Mr. Suthers represented the United States in all criminal and civil matters within the District of Colorado.
On January 4, 2005, Mr. Suthers was appointed Attorney General of Colorado. After serving as Attorney General for nearly two years, in November 2006, the voters of Colorado elected Mr. Suthers by a large margin to serve a four-year term. Mr. Suthers was again re-elected in 2010 by the biggest margin or any statewide race that year. As Attorney General, he represents and defends the interests of the people of the state of Colorado and is chief legal counsel and adviser to state government and its many state agencies, boards and commissions.
Mr. Suthers has served on the board of numerous civic organizations. He has served as President of the El Paso County Bar Association in 1990-91 and as Senior Vice President of the Colorado Bar Association in 1996-97. He served as President of the Colorado District Attorney’s Council in 1994-95. In 1992, he was appointed by the Colorado legislature to serve as a Colorado delegate to the National Conference on Uniform State Laws and served until January of 1997. In the Summer of 2000, Mr. Suthers received a Gates Foundation Fellowship to attend the Government Executives Program at Harvard University’s Kennedy School of Government.
John and his wife Janet have two adult daughters. Alison is a Deputy District Attorney in Denver. Kate is a procurement analyst for the Defense Department in Pearl Harbor and a Lieutenant Commander in the U.S. Navy Reserves.
Suthers has authored five books, including his most recent, No Higher Calling, No Greater Responsibility: A Prosecutor Makes His Case (Fulcrum Publishing, 2008).
In his tenure as Attorney General, Mr. Suthers has initiated successful programs to protect children from Internet predators and to reduce mortgage and foreclosure fraud. He has served as Chairman of the Conference of Western Attorneys General, a member of the NAAG Executive Committee, Co-Chair of the NAAG Criminal Law Committee and as a member of the U.S. Attorney General’s Executive Working Group.
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
General Counsel, Prospera Group
Dranias serves as NeWay Capital LLC’s General Counsel, handling all corporate legal matters. Prior to this, he was Senior Litigation Counsel with the Government Accountability & Special Litigation Unit of the Arizona Attorney General. He also serves as Policy Advisor and Research Fellow with the Heartland Institute, as an expert and Speaker’s Bureau member with the Federalist Society, a Law and Civil Liberties Speaker for Students for Liberty, a Council of Scholars member with Compact for America Educational Foundation, as well as an Adjunct Instructor teaching Business Ethics and Law at Grand Canyon University.
Previously, Dranias served as President & Executive Director of Compact for America Educational Foundation where he led national efforts to organize the states to propose and ratify a federal Balanced Budget Amendment. Prior to that, Dranias was General Counsel, Policy Development Director and Constitutional Policy Director at the Goldwater Institute. Dranias led the Institute’s successful challenge to Arizona’s system of government campaign financing to the U.S. Supreme Court. Prior to that, he was an attorney with the Institute for Justice for three years and an attorney in private practice in Chicago for eight years, where he served as Young Lawyers Section co-editor of the Chicago Bar Association Record and earned the Oliver Wendell Holmes Award for his service.
Panel I: Disparate Impact and the Rule of Law: Does Disparate Impact Liability Make Everything Illegal?
Civil Rights in the United States
Washington, DCCivil Rights in the United States
Sponsored by the Federalist Society's Civil Rights Practice Group, the Cato Institute, and the Heritage Foundation
Washington, DCDo 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...
Eroding the Bill of Rights: Administrative Enforcement and Government Forfeiture
Salt Lake City, UtahThe Campus Sexual Assault Epidemic
Los Angeles, CaliforniaNational Security Economic Update: The CIA’s Role in the American Economy
Tampa, FloridaRegulation or Strangulation: The EPA's Impact on West Virginia
Charleston, West VirginiaIntroducing “Article V 2.0”: The Compact for a Balanced Budget
Nicholas C. Dranias
This article discusses the use of interstate compacts to advance Article V amendments to the U.S....
The Attorney General’s Duty to Defend the Law
Denver, ColoradoThe Federalist Paper, Summer 2014
We are pleased to bring you the summer issue of The Federalist Paper. Inside, as always, we...