Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Senior Counsel, Schaerr Jaffe LLP
Ken Klukowski is senior counsel at the law firm Schaerr Jaffe, focusing on constitutional, administrative, and election law, and the federal courts. He has served in politically appointed positions in the U.S. government, including senior counsel in the Civil Division of the U.S. Department of Justice, and prior to that in the White House as special counsel in the Office of Management and Budget. He was also the constitutional rights advisor on the Presidential Transition Team of President Donald J. Trump. In the private sector, he has worked as a senior fellow of the American Constitutional Rights Union, senior counsel at First Liberty Institute, and a legal journalist. He litigates constitutional cases in the U.S. Supreme Court and lower federal courts, and contributes to media coverage of the nation’s highest court and legal issues. Earlier in his career, Klukowski served as special deputy attorney general of Indiana, and worked on faculty at Liberty University School of Law. His academic works have been published by journals such as the Federalist Society’s Harvard Journal of Law & Public Policy, and his columns have appeared in the Wall Street Journal and other national publications. His amicus briefs and nine law review articles have been cited by various federal courts and top legal journals. He has participated in numerous Supreme Court cases, and lectured and debated at 100 law school events nationwide. Klukowski received his bachelor’s degree from the University of Notre Dame, studied history at Arizona State University, earned his law degree from Scalia Law School at George Mason University, and served as a law clerk to Chief Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
In 1994, Professor of Law Michael I. Krauss became the law school's first recipient of the university's "Teacher of the Year" award for his engaging and challenging approach in the classroom. Born in the United States but raised in Canada, Professor Krauss speaks legalese in two languages. He earned his B.A. cum laude from Carleton University, his LL.B. summa cum laude from the Université de Sherbrooke, and his LL.M. from Yale Law School, where he was a Commonwealth Scholar. He was Columbia University's Law and Economics Fellow in 1981. He has been teaching at George Mason since 1987 and also has taught at the law schools of Seattle University, the University of Toronto, and the Université de Sherbrooke.
Hired as a law clerk by Justice Louis-Philippe Pigeon of Canada's Supreme Court, Professor Krauss practiced law for Quebec City's largest law firm before entering academia. He also served for five years on Québec's Human Rights Commission. A Salvatori Fellow of the Heritage Foundation and an academic fellow of the Foundation for the Defense of Democracies, Professor Krauss sits on the advisory boards of several think tanks. He served as president of the Virginia Association of Scholars and on the Board of Governors of the Education Section of the Virginia State Bar, and is currently a member of the Board of Governors of the National Association of Scholars.
Professor Krauss teaches Torts, Legal Ethics and Jurisprudence, and has a strong interest in national security issues. His research on torts and ethics is nationally known. He co-authored the first edition of Legal Ethics in a Nutshell in May 2003. This book digests the Model Rules in an engaging and often critical fashion. The second edition was published in 2006. Professor Krauss is now under contract with West Publications to produce an innovative textbook on Products Liability in late 2008.
Professor Krauss received his B.A. cum laude from Carleton University, his LL.B. summa cum laude from the Université de Sherbrooke, and his LL.M. from Yale Law School.
Senior Counsel, Vice President of Allied Legal Affairs, Alliance Defending Freedom
Brett Harvey serves as senior counsel and vice president of Allied Legal Affairs with Alliance Defending Freedom.
Since joining ADF in 2000, Harvey has coordinated the efforts of the volunteer network of attorneys who collaborate with ADF. In 2002, his role expanded to direct the grant program. To date, Harvey and his team have awarded approximately $54 million in grant funds to thousands of legal projects and cases, many of which have set national and multinational precedents.
Harvey leads the Allied Legal Affairs team, which is dedicated to creating opportunities for attorneys aligned with the ADF mission to actively engage in the protection and promotion of religious liberty. Harvey and his team focus on recruitment, professional engagement, and integration of allies into ADF’s advocacy efforts, including coordinating amicus efforts at state supreme courts, circuit courts, and the U.S. Supreme Court.
Harvey has also litigated in a variety of state and federal courts, focusing on the protection of life and religious freedom. Most notably, he successfully spearheaded a national litigation strategy culminating in Town of Greece v. Galloway, in which the U.S. Supreme Court upheld the freedom of Americans to pray at public meetings.
Harvey earned his J.D. in 1995 from the Walter F. George School of Law at Mercer University in Georgia. He is admitted to the bar in the states of Arizona, Colorado, Florida, Georgia, and Virginia. He has also been admitted to practice before the U.S. District Court in Colorado, the U.S. Courts of Appeals for the 4th, 6th, 9th, 10th, and 11th Circuits, and the U.S. Supreme Court.
Senior Counsel, Alliance Defending Freedom
Joel L. Oster serves as senior legal counsel with Alliance Defending Freedom at its Kansas City Regional Service Center in Kansas, where he plays a significant role in litigation efforts defending church autonomy. Before joining Alliance Defending Freedom in 2004, he earned his J.D. from the University of Kansas School of Law. Oster is admitted to the bar in Kansas, Missouri, Florida, and numerous federal courts, and has practiced law since 1997.
Clinical Professor of Law, Dale E. Fowler School of Law, Chapman University
Henry L. and Grace Doherty Charitable Foundation Professor of Law; Armistead M. Dobie Professor of Law; and Director, John M. Olin Program in Law and Economics, University of Virginia School of Law
Law and economics expert Jason Scott Johnston joined the Virginia Law faculty in 2010 and serves as the Henry L. and Grace Doherty Charitable Foundation Professor of Law. He formerly served as the Nicholas E. Chimicles Research Professor in Business Law and Regulation at Virginia Law, and the Robert G. Fuller, Jr. Professor of Law and director of the Program on Law, Environment and Economy at the University of Pennsylvania Law School.
Johnston’s scholarship has examined subjects ranging from natural resources law to torts and contracts. He has published dozens of articles in law journals, such as the Yale Law Journal, and in peer-reviewed economics journals, such as the Journal of Law, Economics and Organization. He is currently working on a book that critically analyzes the foundations of global warming law and policy, a series of articles on the economics of regulatory science and another series of articles on various aspects of the law and economics of consumer protection. He has served on the Board of Directors of the American Law and Economics Association, on the National Science Foundation’s Law and Social Science grant review panel, and on the Board of the Searle Civil Justice Institute. He won Penn Law’s Robert A. Gorman Award for Teaching Excellence in 2003.
After earning his A.B. from Dartmouth College and both his J.D. and Ph.D. (economics) from the University of Michigan, Johnston clerked for Judge Gilbert S. Merritt on the U.S. Court of Appeals for the Sixth Circuit. He then taught at Vermont Law School and Vanderbilt Law School before joining Penn’s faculty. He has been a visiting professor or held fellowship appointments at Yale Law School, the University of Southern California Gould School of Law, the American Academy in Berlin and the Property and Environment Research Center.
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).
David Scott has a Ph.D. in political science from Northwestern University and has taught American government courses at a number of Illinois colleges and universities. In retirement he was the president of the Illinois State Historical Society and attended Federalist Society meetings in St. Louis.
Senior Attorney, Sensient Technologies Corporation
Former United States Attorney General
Michael B. Mukasey is the former Attorney General of the United States, the nation’s chief law enforcement officer. As Attorney General from November 2007 to January 2009, he oversaw the U.S. Department of Justice and advised on critical issues of domestic and international law.
From 1988 to 2006, Judge Mukasey served as a district judge in the United States District Court for the Southern District of New York, becoming Chief Judge in 2000.
From 1972 to 1976, Judge Mukasey served as an Assistant United States Attorney for the Southern District of New York, and as Chief of the Official Corruption Unit from 1975 to 1976. His practice consisted of criminal litigation on behalf of the government, including investigation and prosecution of narcotics, bank robbery, interstate theft, securities fraud, fraud on the government and bribery. From 1976 to 1987 and from 2006 to 2007 he was in private practice.
Judge Mukasey has received numerous honors, including the Federal Bar Council’s Learned Hand Medal for Excellence in Federal Jurisprudence. He served as Chairman of the Committee on Public Access to Information and Proceedings of the New York Bar Association from 1984 to 1987. He served on the Federal Courts Committee of the Association of the Bar of the City of New York from 1979 to 1982 and its Communications Law Committee from 1983 to 1986. Judge Mukasey was also a part-time lecturer at Columbia School of Law from January 1993 to May 2007, teaching trial advocacy.
He received his LL.B. from Yale Law School in 1967 and his B.A. from Columbia College in 1963.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Gun Control Since Sandy Hook
OrlandoVirginia Supreme Court Expands Wrongful Discharge Cause of Action
Michael I. Krauss
In Van Buren v. Grubb,1 the Virginia Supreme Court ruled for the first time that...
Who Said That?: A Simple Question That May Change the Way Courts View Legislative Prayer
Brett Harvey, Joel Oster
Related Opinions & Briefs: • Petition for Writ of Certiorari, Town of Greece v. Galloway:...
Can States Require Proof of Citizenship for Voter Registration?--Arizona v. Inter Tribal Council of Arizona
Anthony (Tom) Caso
Introduction This term the Court will hear a case examining a perceived clash between state...
Virginia Supreme Court Limits Insurer's Duty to Defend in Climate Change Lawsuits
Jason Johnston
AES Corp. v. Steadfast Insurance Co.,1 was a closely watched Virginia Supreme Court case that,...
Affirmative Action
Testimony on the "Democracy Restoration Act"
Roger B. Clegg
Note from the Editor: This paper is based on testimony given by the author before...
The Ohio Constitution of 1803, Jefferson's Danbury Letter, and Religion in Education
David W. Scott
That all men have a natural and indefeasible right to worship Almighty God according to...
Can Someone Please Turn on the Lights? Bringing Transparency to the Foreign Corrupt Practices Act
James C. Dunlop, Michael B. Mukasey
Note from the Editor: This paper assesses the Department of Justice’s authority under the Foreign...
Florida Constitutional Challenge to Obamacare: It All Comes Down to Broccoli
Karen Harned
Note from the Editor: This paper provides an update on the litigation dealing with the...