Senior Vice President and Litigation Director, Institute for Justice
Dana Berliner serves as Senior Vice President and Litigation Director at the Institute for Justice, where she has worked as a lawyer since 1994.
The focus of Dana’s litigation at IJ has been property rights. She successfully represented the Community Youth Athletic Center, a boxing gym and mentoring program for at-risk youth, which challenged the city of National City’s authorization of taking the CYAC’s property for private development; the California Court of Appeal ruled in 2013 that the authorization of eminent domain was invalid and that National City had violated California’s Public Records Act. Dana also represented the home and business owners in Norwood, Ohio, who, on July 26, 2006, secured a unanimous ruling from the Ohio Supreme Court that the city could not take their property for a privately owned shopping mall and “lifestyle center.” Along with co-counsel Scott Bullock, she represented the homeowners in Kelo v. New London, in which the U.S. Supreme Court ruled that cities could condemn property because other uses may produce an increase in tax dollars and jobs. Dana, along with many others at IJ, worked to turn the nationwide outrage caused by the decision into new state statutes, constitutions and judicial decisions that cut back on eminent domain abuse. She secured a ruling that the Village of Port Chester, N.Y., violated due process in its use of eminent domain to secure waterfront property. Since 2008, Dana has been recognized every year as a “Best Lawyer” in eminent domain and condemnation law by the publication Best Lawyers in America.
On issues of free speech and economic liberty, Dana successfully defended Carla Main and Encounter Books, who wrote and published a book about eminent domain abuse in Texas and across the country, against a defamation suit brought by a developer who stood to receive property taken by eminent domain. She secured a victory in favor of two New Orleans entrepreneurs in a federal First Amendment challenge to the city of New Orleans’ ban on sidewalk book vending. As trial counsel, Dana also secured a ruling that the Nevada Transportation Services Authority violated the rights of several would-be limousine entrepreneurs by subjecting them to an onerous and arbitrary licensing process that gave undue power to existing companies opposing competition. And she successfully represented an aspiring teacher of African hair braiding in Mississippi, as well as two of her students, challenging restrictions on learning and teaching African hair braiding in Mississippi.
In 2012, Dana became IJ’s Litigation Director. She now oversees all of IJ’s litigation, helping other attorneys craft both their major legal theories and their day-to-day litigation strategies. And she helps to set the litigation directions that IJ will take. In 2016, Dana began her role as IJ’s Senior Vice President.
Dana authored Opening the Floodgates: Eminent Domain Abuse in the Post-Kelo World, a report on the use and threatened use of eminent domain for private development in the year since the Kelo decision. Dana also authored Public Power, Private Gain: A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain, the first-ever nationwide study on the abuse of eminent domain, released in 2003.
Dana has been quoted in The New York Times, USA Today, Wall Street Journal, NPR and The Washington Post as well as on various radio and television broadcasts, including 60 Minutes.
Dana received her law and undergraduate degrees from Yale University where she was a member of the Yale Law Journal and represented clients through the legal services program. After law school, she clerked for Judge Jerry Smith on the 5th U.S. Circuit Court of Appeals.
Dana Berliner is a member of the DC and Pennsylvania bars.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
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.
Founding Partner, Boyden Gray & Associates
Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.
Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.
Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.
Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.
Partner, Sidley Austin LLP
Alan Raul is the founder and leader of Sidley’s highly ranked Privacy, Data Security and Information Law practice. He represents companies on federal, state and international privacy and cybersecurity issues, including global data protection and compliance programs, data breaches, consumer protection issues and Internet law. Mr. Raul advises companies regarding their cybersecurity and information governance and preparedness, and helps them address crisis management for data security incidents. Mr. Raul’s practice involves litigation and counseling regarding consumer class actions and investigations, enforcement actions and policy development by the FTC, State Attorneys General, SEC, Department of Justice and other government agencies.
Mr. Raul provides clients with perspective gained from extensive government service. He previously served as Vice Chairman of the White House Privacy and Civil Liberties Oversight Board, General Counsel of the Office of Management and Budget, General Counsel of the U.S. Department of Agriculture, and Associate Counsel to the President.
Mr. Raul serves as a member of the Data Security, Privacy, and Intellectual Property Litigation Advisory Committee of the U.S. Chamber Litigation Center (affiliated with the U.S. Chamber of Commerce). He also serves ex officio on the American Bar Association’s Cybersecurity Legal Task Force by past appointment of the ABA President, and as a member of the Practicing Law Institute’s (PLI) Privacy Law Advisors Group.
Mr. Raul has represented a Special Cybersecurity Review Committee of the Board of Directors of a major tech company in connection with its independent investigation of the company’s handling of major data breaches.
In addition to leading a “Privacy and Data Security” practice nationally rated by Chambers Global and Chambers USA, Mr. Raul is ranked by Chambers in its top tier of Privacy and Data Security practitioners. Chambers USA has described Mr. Raul as a “true ‘ambassador’ for the privacy sector” who “attracts praise for his deep knowledge of the field. Interviewees stress that ‘he gives invaluable advice’ and is known to be a strong litigator. He also earns plaudits for his regulatory compliance and data protection policy expertise.” He has been named as a leading international Internet and E-Commerce Lawyer in Who’s Who Legal. Mr. Raul was also named to Ethisphere Institute’s “Attorneys Who Matter” in Data Privacy/Security, which recognizes lawyers with the highest commitment to public service, legal community engagement and academic involvement. In 2016, the Washingtonian named Mr. Raul one of Washington, DC’s Best Lawyers: Cybersecurity.
In 1991, Mr. Raul co-founded the “Lawyers Have Heart” 10K run and walk, to benefit the American Heart Association. He continues his active involvement with the event.
Principal, Sussman & Associates and Adjunct Professor of Law, Georgetown University Law Center
Bob Sussman is the principal in Sussman and Associates, a consulting firm that offers advice and support on energy and environmental policy issues to clients in the non-profit and private sectors.
Professor Sussman recently completed four and a half years of service in the Obama Administration, first as C0-Chair of the Transition Team for EPA and then as Senior Policy Counsel to the EPA Administrator. In this position, Professor Sussman functioned as the Administrator’s principal policy advisor, providing oversight and guidance on the full suite of policy issues across the Agency. He worked closely with all of EPA’s senior officials in Washington and the Regions. He also played a key role in EPA’s interface with OMB, CEQ and other White House offices and worked closely with other agencies, particularly the Department of Energy and Department of Interior.
Professor Sussman served in the Clinton Administration as the EPA Deputy Administrator during 1993-94. He was the Agency’s Chief Operating Officer and Regulatory Policy Officer, testified frequently before Congress and represented EPA at several international meetings.
At the end of 2007, Professor Sussman retired as a partner at the law firm of Latham & Watkins, where he headed the firm’s environmental practice in DC for ten years. He joined Latham in 1987 to start its environmental practice in DC after being a partner at Covington & Burling since 1974. Professor Sussman worked with a wide range of companies and trade associations on all aspects of energy and environmental policy, functioning as a policy advisor, advocate and litigator.
For several years, Professor Sussman was named one of the leading environmental lawyers in Washington, DC by Chambers USA: America’s Leading Business Lawyers and The International Who’s Who of Environmental Lawyers.
Professor Sussman was a Senior Fellow at the Center for American Progress in 2008, writing and speaking about climate change and energy.
Professor Sussman is a magna cum laude 1969 graduate of Yale College and a 1973 graduate of Yale Law School, where he was an editor of the Yale Law Journal. Bob clerked for Judge Walter K. Stapleton of the Third Circuit Court of Appeals.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
John A. Sibley Professor in Corporate and Business Law, The University of Georgia School of Law
Larry D. Thompson has served on the University of Georgia School of Law’s faculty as the holder of the John A. Sibley Chair of Corporate and Business Law since 2011, noting he was on a leave of absence from June 2012 through 2014. He is presently a member of the Faculty Division of the law school's Dean Rusk International Law Center Council.
Thompson first retired from PepsiCo in May 2011. In June 2012, he rejoined the company as executive vice president, government affairs, general counsel and corporate secretary. His responsibilities included leading PepsiCo’s worldwide legal function, as well as its global government affairs and public policy group and its global citizenship and sustainability team. Thompson again retired from PepsiCo in December 2014.
Thompson has extensive leadership experience in both the public and private sectors. In 2001, Thompson was confirmed by the U.S. Senate as deputy attorney general of the United States. As deputy attorney general, Attorney General John Ashcroft named Thompson in 2002 to lead the Department of Justice’s National Security Coordination Council. Also in 2002, President George W. Bush named Thompson to head the government-wide Corporate Fraud Task Force.
From 1982 to 1986, he served as U.S. attorney for the Northern District of Georgia where he led major political corruption and drug trafficking prosecutions brought by the U.S. Attorney’s Office. As U.S. attorney, Thompson also led the Southeastern Organized Crime Drug Enforcement Task Force.
Thompson has held other significant leadership positions in the public sector. In 1995, he was named independent counsel for the Department of Housing and Urban Development Investigation. In 2000, he was selected by the U.S. Congress to chair the bi-partisan Judicial Review Commission on Foreign Asset Control.
In the private sector, in addition to his leadership roles at PepsiCo, Thompson was a partner in the Atlanta law firm of King & Spalding. He was the founding co-chair of the firm’s special matters and government investigations practice.
Thompson has received numerous awards for his professional achievements, including the Edmund Jennings Randolph Award for outstanding contributions to the accomplishment of the Department of Justice’s mission, the Outstanding Litigator Award from the Federal Bar Association and a Honorary Doctor of Laws degree from Pace University in New York. He has also been recognized by Atlanta’s Gate City Bar Association as a member of its hall of fame.
Thompson is an elected Fellow of the American Board of Criminal Lawyers. In 2014, Ethisphere magazine recognized him by noting that as “the outgoing General Counsel of one of the world’s most well-recognized corporations [Thompson] has set the bar high for GC’s everywhere. [His] background in both public and private sectors earned him the trust and respect of his peers worldwide as he demonstrated how ethics and integrity are essential components of business success.”
In 2004, Thompson served as a Senior Fellow with the Brookings Institution in Washington, D.C.
Thompson speaks and writes frequently on a number of legal topics. His recent publications include:
● “The Responsible Corporation: Its Historical Roots and Continuing Promise" in 29 Notre Dame Journal of Law, Ethics & Public Policy 199 (2015).
● “In-sourcing Corporate Responsibility for Enforcement of the Foreign Corrupt Practices Act" in 51 American Criminal Law Review 199 (2014).
● “Keynote Speech: The Reality of Overcriminalization” in 7 George Mason University Journal of Law, Economics and Policy 577 (2011).
Thompson holds a B.A. from Culver-Stockton College in Canton, Missouri, a M.A. from Michigan State University and a law degree from the University of Michigan.
Former United States Senator, Utah
Over nearly four decades of public service, Senator Orrin Hatch established himself as a leading conservative voice in the United States Senate. As the upper chamber’s most senior Republican, he served as President Pro Tempore and as Chairman of the Senate Finance Committee. In this capacity, he fought to create jobs and strengthen the economy by repealing and replacing Obamacare, reforming the tax code, and opening up overseas markets to American exports.
As a long-time member and former Chairman of the Senate Judiciary Committee, Senator Hatch also fought to check judicial activism and protect our liberties. He was instrumental in confirming conservative judges to the federal bench and played an indispensable role in confirming Supreme Court Justices Antonin Scalia, Clarence Thomas, and Samuel Alito as well as scores of district and circuit court judges.
One of Senator Hatch’s particularly noteworthy achievements on the Judiciary Committee is the Religious Freedom Restoration Act of 1993—a bill he co-authored with the late Senator Ted Kennedy. This landmark legislation prohibits substantial government burdens on the free exercise of religion, allowing all Americans to live, work, and worship in accordance with their beliefs.
In addition to protecting our individual liberties, Senator Hatch was on the front lines of legislative battles to protect our free-market economy and system of limited government under the Constitution. His reputation as a statesman and his record of fiscal responsibility earned him the nickname “Mr. Balanced Budget” from President Reagan.
By virtually all measures, Senator Hatch was among the most effective and consequential legislators in history. Since he first came to Congress in 1977, no legislator alive today has authored more bills that have become law than Senator Hatch.
Of all Senator Hatch’s achievements, he is proudest of his family, and he credits the love of his wife and children as the key to his success. He and Elaine have been married for more than fifty years. Together, they are the parents of six children, twenty-three grandchildren, and sixteen great-grandchildren.
Adjunct Professor, Sandra Day O'Connor College of Law
Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law, The University of Utah College of Law
Paul G. Cassell is an internationally recognized legal scholar on criminal and civil justice, crime victims' rights, constitutional law, evidence, judicial process, and other legal issues. Cassell received a B.A. (1981) and a J.D. (1984) from Stanford University, where he graduated Order of the Coif and was President of the Stanford Law Review. He clerked for then-Judge Antonin Scalia when Scalia was on the U.S. Court of Appeals for the D.C. Circuit (1984-85) and for Chief Justice Warren Burger of the United States Supreme Court (1985-86). Cassell then served as an Associate Deputy Attorney General with the U.S. Justice Department (1986-88) and as an Assistant U.S. Attorney for the Eastern District of Virginia (1988 to 1991). Cassell joined the faculty at the College of Law in 1992, where he taught full-time until he was sworn in as a U.S. District Court Judge for the District of Utah in July 2002. In November 2007, he resigned his judgeship to return full-time to the College of Law to teach, write, and litigate concerning issues relating to crime victims' rights and criminal and civil justice reform. Professor Cassell has also published numerous law review articles in journals such as the Stanford Law Review, the Michigan Law Review, the Harvard Journal of Law and Public Policy, and the Journal of Criminal Law and Criminology. He is a co-author of the nation's only law school textbook on crime victims' rights, Victims in Criminal Procedure (various editions, most recently in its fifth edition published in 2025). Professor Cassell has argued pro bono cases relating to criminal procedure and crime victims' rights before the United States Supreme Court, the 2nd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and D.C. Circuits (including the 5th and 11th Circuits en banc), several U.S. District Courts, the Utah Supreme Court, and the Arizona Supreme Court. In 2020, Cassell received the Ronald Wilson Reagan Public Policy Award - National Crime Victims' Service Award from the U.S. Department of Justice. Cassell is a member of the American Law Institute, a fellow of the American Bar Foundation, and an inaugural member of the Council on Criminal Justice. He is also an occasional blogger at The Volokh Conspiracy.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Partner, Gibson Dunn & Crutcher
Douglas R. Cox is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Vice-Chair of the firm's Crisis Management Practice Group. He practices in the areas of constitutional and general commercial litigation, appellate law, and governmental matters.
Mr. Cox has represented numerous clients in litigation before federal and state trial and appellate courts. He played a principal role in the firm's successful representation of the prevailing candidate before the Supreme Court of the United States in Bush v. Palm Beach County Canvassing Board and Bush v. Gore, stemming from the 2000 presidential election, and in other cases before the Supreme Court involving equal protection, voting rights and election law, the scope of the jury trial right under the Seventh Amendment, and other constitutional and statutory issues.
Mr. Cox successfully represented the National Association of Securities Dealers ("NASD") in a series of trial and appellate matters, including DL Capital Group, LLC v. Nasdaq Stock Market, Inc., 409 F.3d 93 (2d Cir. 2005) and Sparta Surgical Corp. v. NASD, 159 F.3d 1209 (9th Cir. 1998).
Mr. Cox frequently represents accounting firms in a variety of matters, including matters involving the SEC and PCAOB. He also has substantial experience representing clients before congressional investigating committees.
Mr. Cox previously served for five years during the Reagan and Bush Administrations in the Justice Department's Office of Legal Counsel, becoming Principal Deputy Assistant Attorney General during the Bush Administration. In that Office, he provided legal advice to Executive Branch departments; resolved legal disputes on behalf of the Attorney General between Executive Branch departments; prepared formal opinions of the Attorney General; drafted and issued opinions on legal issues of importance to the Executive Branch; and advised Congress as to the constitutionality of pending legislation.
From 1981 through 1987, Mr. Cox practiced in New York City with a national firm, representing major corporations in state and federal courts. His practice focused on intellectual property, securities, and international tax litigation.
Mr. Cox received his law degree, cum laude, from Harvard Law School in 1980, where he served as Editor-in-Chief of the Harvard Journal of Law and Public Policy from 1979-1980. He received his undergraduate degree in history, magna cum laude, from Princeton University in 1977. He attended Oxford University on a Knox Scholarship in 1980-1981.
In 2005, Chief Justice Rehnquist appointed Mr. Cox to serve as a member of the Judicial Conference Standing Committee on Rules of Practice and Procedure. In 2008 he was reappointed by Chief Justice Roberts.
General Counsel, Department of the Army
Mr. Benedict S. Cohen was appointed by President Bush to serve as the General Counsel for the Department of the Army effective on August 4, 2006. Mr. Cohen has twenty years of experience in high-level positions across the federal government, with a principal focus on national security and foreign policy. Prior to his current position, he served as the Managing Executive for Policy and Counselor to Chairman Cox at the U.S. Securities and Exchange Commission, where he focused on legal and policy issues facing the agency and enhancing the Commission’s crisis-management and homeland-security capabilities. Prior to taking this position, he served as staff director of the Committee on Homeland Security of the U.S. House of Representatives, where he managed the transition from select committee to full standing committee status and the passage of authorization legislation for the Department of Homeland Security and of legislation reforming DHS’ homeland security grant program.
Mr. Cohen has also served as Deputy General Counsel (Environment & Installations) for the Defense Department, in which capacity he spearheaded DoD’s Readiness and Range Preservation Initiative, a multifaceted legislative, regulatory, and resource-management program to ensure sustainability of the military’s test and training capabilities and foster better environmental stewardship. He also provided legal support for DoD’s installation initiatives, and served as a principal spokesman for the Department on environmental and installations issues. He has also served in senior positions in the White House Counsel’s Office, the congressional leadership staff, and the Department of Justice, as well as serving in two law firms.
Mr. Cohen graduated from Yale magna cum laude in 1980 with a B.A. in history, and from the University of Chicago Law School in 1983, having served as an Associate Editor of the Law Review. He clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit. He lives in American University Park in Washington, D.C. His wife is an attorney in private practice. He has two children, aged eight and ten.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
Public Power, Private Gain: The Abuse of Eminent Domain
Dana Berliner
YOU MAY BE REQUIRED TO MOVE WITHIN 90 DAYS AFTER YOU RECEIVE THIS NOTICE. IF...
Colloquium: The Future of Environmental Reform
Don Clay, Larry Hart, Dana Joel, Dorothy Ann Kellogg, Debra Knopman, Michael McCloskey, Lynn Scarlett, Jonathan H. Adler, Jay Benforado, F Bush, Henry Diamond, Becky Norton Dunlop, C. Boyden Gray, Andrew Otis, Alan C. Raul, Robert Sussman
The Federalist Society hosted a colloquium on environmental regulatory reform at Georgetown University's Leavey Center...
Major Habeas Reform Package Becomes Law
Thomas F. Gede
New deference standard requires federal courts to respect state court legal and constitutional rulings; Act...
Supreme Court Rules That Civil Forfeiture is not Punishment for Double Jeopardy Purposes
Larry D. Thompson
In United States v. Ursery, 116 S.Ct. 2135 (1996), the United States Supreme Court held...
Legislative Initiatives
Orrin Hatch
Despite the constitutional requirement for the protection of property rights, the America of the late...
A Bill of Rights for Crime Victims
Steven J. Twist, Paul G. Cassell
While our Bill of Rights enumerates extensive rights for criminal defendants, it contains not a...
Supreme Court Reaffirms State Sovereignty
Thomas F. Gede
The most significant decision involving federalism that was handed down during the October 1995 Term--indeed,...
Clinton v. Jones: Are Presidents "Temporarily Immune" from Suit Based Upon Their Unofficial Acts?
Douglas R. Cox
An alleged 1991 encounter between Paula Corbin Jones, an Arkansas state employee, and then-Governor Bill...
Separation of Powers and Federalism in the 104th Congress
Benedict S. Cohen
In the fields of separation of powers and federalism the 104th Congress revisited old issues...
Blind to Text, Unfaithful to Principle
John F. Duffy
The most significant decision involving federalism that was handed down during the October 1995 Term--indeed,...