Member, Eckert Seamans Cherin & Mellott, LLC
Earl Comstock has more than two decades of direct experience with the question of the proper regulatory treatment of broadband Internet access services. He was one of the principal Senate staff responsible for the negotiation and drafting of the Telecommunications Act of 1996 (Pub. L. 104 – 104). During the four years of Congressional debate that led up to the Telecommunications Act, Mr. Comstock served as chief counsel for Senator Ted Stevens (R – AK) and as special counsel for telecommunications on the Senate Committee on Commerce, Science, and Transportation.
In addition to the Telecommunications Act, Mr. Comstock also participated in the negotiation and drafting of the Cable Television Consumer Protection and Competition Act of 1992 (Pub. L. 102 – 385); the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103 – 66) which created spectrum auctions and commercial mobile services; the Balanced Budget Act of 1997 (Pub. L. 105 – 33) which established the high definition television transition; the Internet Tax Freedom Act (Pub. L. 105 – 277, Division C, Title XI); and the ORBIT Act (Pub. L. 106 – 180), which privatized INTELSAT.
Since leaving Capitol Hill at the end of 1997 Mr. Comstock has been an attorney in private practice and a consultant on telecommunications and Internet policy. He was also President and CEO of COMPTEL, an industry trade organization representing competitive telecommunications and Internet companies, from 2005 to 2007.
With respect to the regulatory treatment of broadband Internet access services, Mr. Comstock testified before the Federal Communications Commission (FCC) during the agency deliberations that led to the Stevens Report; represented EarthLink in the proceedings that led to the Cable Modem Declaratory Ruling and during the legal challenges of that ruling in the U.S. Court of Appeals for the Ninth Circuit and the Supreme Court (National Cable & Telecommunications Assoc. v. Brand X Internet Services, 545 U.S. 967 (2005)); and presently represents Full Service Network and TruConnect in the pending challenge of the FCC’s Open Internet Order in the U.S. Court of Appeals for the District of Columbia Circuit (Case No. 15-1151, which has been consolidated with other challenges under Case No. 15-1063).
Mr. Comstock has recently left the law firm of Eckert Seamans Cherin & Mellott to become general counsel for a start-up company.
Partner, Wilkinson Barker Knauer LLP
Kelly Donohue has worked on media and broadcast matters for over a decade, with a particular emphasis on broadcast law. She routinely files pleadings on behalf of clients in application and rulemaking proceedings, and handles matters relating to new station licensing, renewals, changes in communities of license, ownership and attribution, assignments and transfers, facility changes, EEO compliance, sponsorship identification and contest rules. Prior to joining the firm, Ms. Donohue spent seven years at the Federal Communications Commission, where she served as an Assistant Division Chief in the Audio Division of the FCC’s Media Bureau and as Special Counsel in the Enforcement Bureau, Office of the Bureau Chief.
Ms. Donohue also manages a growing trademark practice, counseling clients on the selection and clearance of trademarks, and preparing, filing and prosecuting federal trademark and service mark applications. She also negotiates trademark licensing, settlement and consent agreements. Ms. Donohue is well-versed in other intellectual property matters as well, and has counseled clients on issues relating to music licensing, fair use principles under copyright law, and DMCA takedown provisions.
More recently, Ms. Donohue has discovered her passion for working with start-ups and tech companies, ranging from app developers to creators of connected devices (i.e. Internet of Things). It is in this space that Ms. Donohue brings together her broad legal experience, creative "can do" thinking and strong communications skills to find innovative, cost-effective solutions to the legal hurdles new companies often face. She has provided both formal and informal guidance to dozens of companies on issues relating to intellectual property, privacy, regulatory compliance, and corporate structure/governance.
Ms. Donohue herself has an entrepreneurial spirit. She began her career as a professional musician and continues to write music and perform regularly with her “kindie” rock band, Here Comes Trouble. She has won numerous awards for her songwriting and vocal arrangements, including placements in the Mid-Atlantic Songwriting Contest and International Songwriting Competition.
Partner, Gibson Dunn & Crutcher LLP
Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.
Mr. Estrada has represented clients before federal and state courts throughout the country in a broad range of matters. He has argued 24 cases before the United States Supreme Court, and briefed many others. He has also argued dozens of appeals in the lower federal courts.
Best Lawyers® recognized Mr. Estrada as a 2020 Lawyer of the Year in Intellectual Property Litigation and as a Lawyer of the Year in Appellate Practice. He has been recognized by Benchmark Litigation as a 2020 U.S. Appellate Litigation “Star”. In 2014, The American Lawyer named Mr. Estrada a “Litigator of the Year,” praising his “brains and tenacity” and noting he is the lawyer to call for “a tough, potentially unwinnable case.” From 2014-2021, Chambers & Partners has named him as one of a handful of attorneys that it ranked in the top tier among the nation’s leading appellate lawyers. Chambers & Partners noted that “clients are impressed by his intellect and ability, with one saying, ‘His papers are just blindingly clear in what they say and devastating in how they marshal the arguments.’” The Atlantic described his oral argument in a 2014 high-profile separation-of-powers case as “one of the most dazzling arguments the marble chamber has heard in many years.”
Mr. Estrada was selected by his peers for inclusion in the 2020 edition of The Best Lawyers in America® in the area of Appellate Law, in addition to previous recognition by the publication in the specialties of Bet-the-Company Litigation, Commercial Litigation and Criminal Defense: White Collar, Intellectual Property Litigation, and Regulatory Enforcement Litigation in the areas of SEC, Telecom, and Energy. In 2017, he was elected as a member of the American Law Institute. In 2021, Mr. Estrada was named among the Lawdragon 500 Leading Lawyers in America. In 2004, Legal Times named him one of the top 12 appellate litigators in the D.C. area, noting that “people who follow appellate practice in Washington have known for several years that Estrada . . . is one of the best around.” Also in 2004, Washingtonian Magazine named him one of the top constitutional law lawyers “who could become one of the legends of the Supreme Court bar.”
Mr. Estrada joined Gibson Dunn in 1997, after serving for five years as Assistant to the Solicitor General of the United States. He previously served as Assistant U.S. Attorney and Deputy Chief of the Appellate Section, U.S. Attorney’s Office, Southern District of New York. In those capacities, Mr. Estrada represented the government in numerous jury trials and in many appeals before the U.S. Court of Appeals for the Second Circuit. Before joining the U.S. Attorney’s Office, Mr. Estrada practiced corporate law in New York with Wachtell, Lipton, Rosen & Katz.
Mr. Estrada is a Trustee of the Supreme Court Historical Society. He was formerly a member of the Board of Visitors of Harvard Law School.
Mr. Estrada served as a law clerk to the Honorable Anthony M. Kennedy in the U.S. Supreme Court from 1988 to 1989 and to the Honorable Amalya L. Kearse in the U.S. Court of Appeals for the Second Circuit from 1986 to 1987. He received a J.D. degree magna cum laude in 1986 from Harvard Law School, where he was editor of the Harvard Law Review. Mr. Estrada graduated with an A.B. degree magna cum laude and Phi Beta Kappa in 1983 from Columbia College, New York. He is fluent in Spanish and proficient in French.
Representative Supreme Court matters include:
In 2011, the Supreme Court appointed Mr. Estrada to brief and argue two criminal cases –Dorsey v. United States and Hill v. United States – in which the Solicitor General declined to defend the judgments of the court of appeals. Mr. Estrada was appointed to argue the position that the Solicitor General had declined to defend.
Mr. Estrada was also part of the team that successfully presented then Governor Bush’s position to the Supreme Court in Bush v. Gore (2000). Other cases that Mr. Estrada handled in the Supreme Court include Granholm v. Heald (2005) (dormant Commerce Clause and Twenty-First Amendment), Vermont Agency of Natural Resources v. United States ex rel. Stevens (2000) (False Claims Act, Article III standing and Eleventh Amendment immunity), Old Chief v. United States (1997) (rules of evidence), United States v. Mezzanatto (1995) (evidence and plea bargaining), United States v. Robertson (1995) (constitutional limits on Congress’s Commerce Clause powers), Citizens Bank of Maryland v. Strumpf (1995) (bankruptcy law), and NOW, Inc. v. Scheidler (1994) (RICO).
Recent Court of Appeals matters include:
In addition, Mr. Estrada is lead appellate counsel to Vivendi S.A. in two securities-fraud appeals from jury verdicts that are currently pending in the Second Circuit, and to the National Association of Broadcasters in a challenge to certain procedures promulgated by the FCC in connection with the upcoming Spectrum Auction. Mr. Estrada also recently presented argument before the D.C. Circuit on behalf of the tobacco industry in a first amendment challenge to certain compelled disclosures that were imposed as part of the government’s long-running civil RICO case against the industry.
Other matters:
Senior Vice President, Strand Consult
Roslyn Layton, PhD is a leading international expert on technology policy. She is Senior Vice President of Strand Consult, an independent consultancy serving the global mobile telecom industry. She is also a Visiting Researcher at Aalborg University Copenhagen where she earned a doctoral thesis on network neutrality by measuring the outcome of the policy across 53 countries over 5 years. She served on the Presidential Transition Team for the Federal Communications Commission (FCC), and her work was critical to the FCC’s defense for the Restoring Internet Freedom Order. She has testified to the United States Senate and House on multiple topics including spectrum, broadband, mobile mergers, competition, and privacy. She founded the think tank China Tech Threat to study the problems of technology produced by the People’s Republic of China. She serves as the Program Chair for the Telecom Policy Research Conference, the leading interdisciplinary academic gathering. Her recent paper on rural broadband describes the empirical case for policy reform to recover network infrastructure costs from streaming video entertainment providers. She is a Senior Contributor to Forbes.
Judge, U.S. Court of Appeals, District of Columbia Circuit
Judge Sentelle was appointed United States Circuit Judge in October 1987, served as Chief Judge from February 11, 2008 until February 11, 2013, and took senior status on February 12, 2013. He is a 1968 graduate of the University of North Carolina Law School. Following law school, he practiced with the firm of Uzzell & DuMont until he became an Assistant U.S. Attorney in Charlotte, N.C. in 1970. From 1974 to 1977, he served as a North Carolina State District Judge but left the bench in 1977 to become a partner with the firm of Tucker, Hicks, Sentelle, Moon & Hodge. In 1985, Judge Sentelle joined the U.S. District Court, Western District of North Carolina, in Asheville, where he served until his appointment to the D.C. Circuit. Judge Sentelle was the Presiding Judge of the Special Division for the Purpose of Appointing Independent Counsels (1992-2006). He also served as the Chair of the U.S. Judicial Conference's Executive Committee (2010-2013). Judge Sentelle served for over 20 years as President of the Edward Bennett Williams Inn of the American Inns of Court.
Senior Lecturer; Director, The Robert S. Strauss Center for International Security and Law, The University of Texas at Austin School of Law
Adam Klein is Director of the Strauss Center and Director of Strauss’ Program on Technology, Security, and Global Affairs. Adam also serves as a Senior Lecturer at the School of Law. Before joining the Strauss Center, Adam served as Chairman of the United States Privacy and Civil Liberties Oversight Board, the independent, bipartisan federal agency responsible for overseeing counterterrorism programs at the NSA, FBI, CIA, Department of Homeland Security, and other federal agencies. As the Board’s Senate-confirmed Chairman, he oversaw its oversight and advice engagements with other federal agencies, while also serving as the Board’s chief executive officer.
Before entering government, Adam was the Robert M. Gates Senior Fellow at the Center for a New American Security, a bipartisan national-security research institution in Washington, DC. There, his research focused on government surveillance, intelligence powers, and national security law. Previously, Adam practiced law at Wilmer Cutler Pickering Hale & Dorr, LLP and served as a law clerk to Justice Antonin Scalia of the U.S. Supreme Court and Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit. He has also worked on national-security policy at the RAND Corporation, the 9/11 Public Discourse Project (the non-profit successor to the 9/11 Commission), and in the U.S. Congress. He received his BA from Northwestern University and his JD from Columbia Law School.
Adam is a former Council on Foreign Relations International Affairs Fellow and Robert Bosch Foundation Fellow in Berlin. He speaks German and French.
Member, Eckert Seamans Cherin & Mellott, LLC
Earl Comstock has more than two decades of direct experience with the question of the proper regulatory treatment of broadband Internet access services. He was one of the principal Senate staff responsible for the negotiation and drafting of the Telecommunications Act of 1996 (Pub. L. 104 – 104). During the four years of Congressional debate that led up to the Telecommunications Act, Mr. Comstock served as chief counsel for Senator Ted Stevens (R – AK) and as special counsel for telecommunications on the Senate Committee on Commerce, Science, and Transportation.
In addition to the Telecommunications Act, Mr. Comstock also participated in the negotiation and drafting of the Cable Television Consumer Protection and Competition Act of 1992 (Pub. L. 102 – 385); the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103 – 66) which created spectrum auctions and commercial mobile services; the Balanced Budget Act of 1997 (Pub. L. 105 – 33) which established the high definition television transition; the Internet Tax Freedom Act (Pub. L. 105 – 277, Division C, Title XI); and the ORBIT Act (Pub. L. 106 – 180), which privatized INTELSAT.
Since leaving Capitol Hill at the end of 1997 Mr. Comstock has been an attorney in private practice and a consultant on telecommunications and Internet policy. He was also President and CEO of COMPTEL, an industry trade organization representing competitive telecommunications and Internet companies, from 2005 to 2007.
With respect to the regulatory treatment of broadband Internet access services, Mr. Comstock testified before the Federal Communications Commission (FCC) during the agency deliberations that led to the Stevens Report; represented EarthLink in the proceedings that led to the Cable Modem Declaratory Ruling and during the legal challenges of that ruling in the U.S. Court of Appeals for the Ninth Circuit and the Supreme Court (National Cable & Telecommunications Assoc. v. Brand X Internet Services, 545 U.S. 967 (2005)); and presently represents Full Service Network and TruConnect in the pending challenge of the FCC’s Open Internet Order in the U.S. Court of Appeals for the District of Columbia Circuit (Case No. 15-1151, which has been consolidated with other challenges under Case No. 15-1063).
Mr. Comstock has recently left the law firm of Eckert Seamans Cherin & Mellott to become general counsel for a start-up company.
Partner, Wilkinson Barker Knauer LLP
Kelly Donohue has worked on media and broadcast matters for over a decade, with a particular emphasis on broadcast law. She routinely files pleadings on behalf of clients in application and rulemaking proceedings, and handles matters relating to new station licensing, renewals, changes in communities of license, ownership and attribution, assignments and transfers, facility changes, EEO compliance, sponsorship identification and contest rules. Prior to joining the firm, Ms. Donohue spent seven years at the Federal Communications Commission, where she served as an Assistant Division Chief in the Audio Division of the FCC’s Media Bureau and as Special Counsel in the Enforcement Bureau, Office of the Bureau Chief.
Ms. Donohue also manages a growing trademark practice, counseling clients on the selection and clearance of trademarks, and preparing, filing and prosecuting federal trademark and service mark applications. She also negotiates trademark licensing, settlement and consent agreements. Ms. Donohue is well-versed in other intellectual property matters as well, and has counseled clients on issues relating to music licensing, fair use principles under copyright law, and DMCA takedown provisions.
More recently, Ms. Donohue has discovered her passion for working with start-ups and tech companies, ranging from app developers to creators of connected devices (i.e. Internet of Things). It is in this space that Ms. Donohue brings together her broad legal experience, creative "can do" thinking and strong communications skills to find innovative, cost-effective solutions to the legal hurdles new companies often face. She has provided both formal and informal guidance to dozens of companies on issues relating to intellectual property, privacy, regulatory compliance, and corporate structure/governance.
Ms. Donohue herself has an entrepreneurial spirit. She began her career as a professional musician and continues to write music and perform regularly with her “kindie” rock band, Here Comes Trouble. She has won numerous awards for her songwriting and vocal arrangements, including placements in the Mid-Atlantic Songwriting Contest and International Songwriting Competition.
Partner, Gibson Dunn & Crutcher LLP
Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.
Mr. Estrada has represented clients before federal and state courts throughout the country in a broad range of matters. He has argued 24 cases before the United States Supreme Court, and briefed many others. He has also argued dozens of appeals in the lower federal courts.
Best Lawyers® recognized Mr. Estrada as a 2020 Lawyer of the Year in Intellectual Property Litigation and as a Lawyer of the Year in Appellate Practice. He has been recognized by Benchmark Litigation as a 2020 U.S. Appellate Litigation “Star”. In 2014, The American Lawyer named Mr. Estrada a “Litigator of the Year,” praising his “brains and tenacity” and noting he is the lawyer to call for “a tough, potentially unwinnable case.” From 2014-2021, Chambers & Partners has named him as one of a handful of attorneys that it ranked in the top tier among the nation’s leading appellate lawyers. Chambers & Partners noted that “clients are impressed by his intellect and ability, with one saying, ‘His papers are just blindingly clear in what they say and devastating in how they marshal the arguments.’” The Atlantic described his oral argument in a 2014 high-profile separation-of-powers case as “one of the most dazzling arguments the marble chamber has heard in many years.”
Mr. Estrada was selected by his peers for inclusion in the 2020 edition of The Best Lawyers in America® in the area of Appellate Law, in addition to previous recognition by the publication in the specialties of Bet-the-Company Litigation, Commercial Litigation and Criminal Defense: White Collar, Intellectual Property Litigation, and Regulatory Enforcement Litigation in the areas of SEC, Telecom, and Energy. In 2017, he was elected as a member of the American Law Institute. In 2021, Mr. Estrada was named among the Lawdragon 500 Leading Lawyers in America. In 2004, Legal Times named him one of the top 12 appellate litigators in the D.C. area, noting that “people who follow appellate practice in Washington have known for several years that Estrada . . . is one of the best around.” Also in 2004, Washingtonian Magazine named him one of the top constitutional law lawyers “who could become one of the legends of the Supreme Court bar.”
Mr. Estrada joined Gibson Dunn in 1997, after serving for five years as Assistant to the Solicitor General of the United States. He previously served as Assistant U.S. Attorney and Deputy Chief of the Appellate Section, U.S. Attorney’s Office, Southern District of New York. In those capacities, Mr. Estrada represented the government in numerous jury trials and in many appeals before the U.S. Court of Appeals for the Second Circuit. Before joining the U.S. Attorney’s Office, Mr. Estrada practiced corporate law in New York with Wachtell, Lipton, Rosen & Katz.
Mr. Estrada is a Trustee of the Supreme Court Historical Society. He was formerly a member of the Board of Visitors of Harvard Law School.
Mr. Estrada served as a law clerk to the Honorable Anthony M. Kennedy in the U.S. Supreme Court from 1988 to 1989 and to the Honorable Amalya L. Kearse in the U.S. Court of Appeals for the Second Circuit from 1986 to 1987. He received a J.D. degree magna cum laude in 1986 from Harvard Law School, where he was editor of the Harvard Law Review. Mr. Estrada graduated with an A.B. degree magna cum laude and Phi Beta Kappa in 1983 from Columbia College, New York. He is fluent in Spanish and proficient in French.
Representative Supreme Court matters include:
In 2011, the Supreme Court appointed Mr. Estrada to brief and argue two criminal cases –Dorsey v. United States and Hill v. United States – in which the Solicitor General declined to defend the judgments of the court of appeals. Mr. Estrada was appointed to argue the position that the Solicitor General had declined to defend.
Mr. Estrada was also part of the team that successfully presented then Governor Bush’s position to the Supreme Court in Bush v. Gore (2000). Other cases that Mr. Estrada handled in the Supreme Court include Granholm v. Heald (2005) (dormant Commerce Clause and Twenty-First Amendment), Vermont Agency of Natural Resources v. United States ex rel. Stevens (2000) (False Claims Act, Article III standing and Eleventh Amendment immunity), Old Chief v. United States (1997) (rules of evidence), United States v. Mezzanatto (1995) (evidence and plea bargaining), United States v. Robertson (1995) (constitutional limits on Congress’s Commerce Clause powers), Citizens Bank of Maryland v. Strumpf (1995) (bankruptcy law), and NOW, Inc. v. Scheidler (1994) (RICO).
Recent Court of Appeals matters include:
In addition, Mr. Estrada is lead appellate counsel to Vivendi S.A. in two securities-fraud appeals from jury verdicts that are currently pending in the Second Circuit, and to the National Association of Broadcasters in a challenge to certain procedures promulgated by the FCC in connection with the upcoming Spectrum Auction. Mr. Estrada also recently presented argument before the D.C. Circuit on behalf of the tobacco industry in a first amendment challenge to certain compelled disclosures that were imposed as part of the government’s long-running civil RICO case against the industry.
Other matters:
Senior Vice President, Strand Consult
Roslyn Layton, PhD is a leading international expert on technology policy. She is Senior Vice President of Strand Consult, an independent consultancy serving the global mobile telecom industry. She is also a Visiting Researcher at Aalborg University Copenhagen where she earned a doctoral thesis on network neutrality by measuring the outcome of the policy across 53 countries over 5 years. She served on the Presidential Transition Team for the Federal Communications Commission (FCC), and her work was critical to the FCC’s defense for the Restoring Internet Freedom Order. She has testified to the United States Senate and House on multiple topics including spectrum, broadband, mobile mergers, competition, and privacy. She founded the think tank China Tech Threat to study the problems of technology produced by the People’s Republic of China. She serves as the Program Chair for the Telecom Policy Research Conference, the leading interdisciplinary academic gathering. Her recent paper on rural broadband describes the empirical case for policy reform to recover network infrastructure costs from streaming video entertainment providers. She is a Senior Contributor to Forbes.
Judge, U.S. Court of Appeals, District of Columbia Circuit
Judge Sentelle was appointed United States Circuit Judge in October 1987, served as Chief Judge from February 11, 2008 until February 11, 2013, and took senior status on February 12, 2013. He is a 1968 graduate of the University of North Carolina Law School. Following law school, he practiced with the firm of Uzzell & DuMont until he became an Assistant U.S. Attorney in Charlotte, N.C. in 1970. From 1974 to 1977, he served as a North Carolina State District Judge but left the bench in 1977 to become a partner with the firm of Tucker, Hicks, Sentelle, Moon & Hodge. In 1985, Judge Sentelle joined the U.S. District Court, Western District of North Carolina, in Asheville, where he served until his appointment to the D.C. Circuit. Judge Sentelle was the Presiding Judge of the Special Division for the Purpose of Appointing Independent Counsels (1992-2006). He also served as the Chair of the U.S. Judicial Conference's Executive Committee (2010-2013). Judge Sentelle served for over 20 years as President of the Edward Bennett Williams Inn of the American Inns of Court.
Senior Lecturer; Director, The Robert S. Strauss Center for International Security and Law, The University of Texas at Austin School of Law
Adam Klein is Director of the Strauss Center and Director of Strauss’ Program on Technology, Security, and Global Affairs. Adam also serves as a Senior Lecturer at the School of Law. Before joining the Strauss Center, Adam served as Chairman of the United States Privacy and Civil Liberties Oversight Board, the independent, bipartisan federal agency responsible for overseeing counterterrorism programs at the NSA, FBI, CIA, Department of Homeland Security, and other federal agencies. As the Board’s Senate-confirmed Chairman, he oversaw its oversight and advice engagements with other federal agencies, while also serving as the Board’s chief executive officer.
Before entering government, Adam was the Robert M. Gates Senior Fellow at the Center for a New American Security, a bipartisan national-security research institution in Washington, DC. There, his research focused on government surveillance, intelligence powers, and national security law. Previously, Adam practiced law at Wilmer Cutler Pickering Hale & Dorr, LLP and served as a law clerk to Justice Antonin Scalia of the U.S. Supreme Court and Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit. He has also worked on national-security policy at the RAND Corporation, the 9/11 Public Discourse Project (the non-profit successor to the 9/11 Commission), and in the U.S. Congress. He received his BA from Northwestern University and his JD from Columbia Law School.
Adam is a former Council on Foreign Relations International Affairs Fellow and Robert Bosch Foundation Fellow in Berlin. He speaks German and French.
Professor Emerita of Law, George Mason University Antonin Scalia School of Law
Professor Emerita Joyce Lee Malcolm is an historian and constitutional scholar active in the area of constitutional history, focusing on the development of individual rights in Great Britain and America. She is the author of eight books, most recently The Tragedy of Benedict Arnold: An American Life, May 2018. Professor Malcolm has written many books and articles on gun control, the Second Amendment, and individual rights. Her work was cited several times in the recent U.S. Supreme Court opinion in District of Columbia v. Heller.
Professor Malcolm has previously taught at Princeton University, Bentley College, Boston University, Northeastern University and Cambridge University. She was also a Senior Advisor at the Massachusetts Institute of Technology Security Studies Program, a Visiting Scholar at Massachusetts Center for Renaissance Studies, and is a Bye Fellow at Robinson College, Cambridge University.
Her seventh book, Peter's War: A New England Slave Boy and the American Revolution, was published by Yale University Press in 2009. "Magna Carta in America: Entrenched," a chapter authored by Professor Malcolm, appears in Magna Carta: The Foundation of Freedom 1215-2015 (Nicholas Vincent, Third Millennium Publishing). Her essays have appeared in The Wall Street Journal, The Financial Times, USA Today, The Boston Globe and other newspapers.
Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University
In memoriam
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
Senior Advisor, Covington & Burling
Senator Jon Kyl advises companies on domestic and international policies that influence U.S. and multi-national businesses and assists corporate clients on tax, health care, national security, and intellectual property matters, among others.
Jon served in the U.S. Senate from 1995 to 2013, retiring as the second-highest ranking Republican senator. He returned to the Senate in September 2018 after being appointed to succeed the late John McCain, and retired again at the end of 2018.
During Jon’s 26 years in Congress, he built a reputation for mastering the complexities of legislative policy and coalition building, first in the House of Representatives and then in the Senate. In 2010, Time magazine called him one of the 100 most influential people in the world, noting his "encyclopedic knowledge of domestic and foreign policy, and his hard work and leadership" and his "power to persuade."
Jon sat on the powerful Senate Finance Committee and was the ranking Republican on the Senate Judiciary Committee’s Subcommittee on Crime and Terrorism. A member of the Republican Leadership for well over a decade, Jon chaired the Senate Republican Policy Committee and the Senate Republican Conference, before becoming Senate Republican Whip. In filling Senator McCain’s seat, he served on the Armed Services and Homeland Security Committees.
Shareholder, Farney Daniels, PC
Jonathan B. Baker is Professor of Law at American University Washington College of Law, where he teaches courses primarily in the areas of antitrust and economic regulation. He served as the Chief Economist of the Federal Communications Commission from 2009 to 2011, and as the Director of the Bureau of Economics at the Federal Trade Commission from 1995 to 1998. Previously, he worked as a Senior Economist at the President’s Council of Economic Advisers, Special Assistant to the Deputy Assistant Attorney General for Economics in the Antitrust Division of the Department of Justice, an Assistant Professor at Dartmouth's Amos Tuck School of Business Administration, an Attorney Advisor to the Acting Chairman of the Federal Trade Commission, and an antitrust lawyer in private practice. Professor Baker is the co-author of an antitrust casebook, a past Editorial Chair of Antitrust Law Journal, and a past member of the Council of the American Bar Association’s Section of Antitrust Law. He has published widely in the fields of antitrust law and policy and industrial organization economics. In 2004 he received American University’s Faculty Award for Outstanding Scholarship, Research, and Other Professional Accomplishments, and in 1998 he received the Federal Trade Commission’s Award for Distinguished Service. He has a J.D. from Harvard and a Ph.D. in economics from Stanford University.
National Affairs Columnist, National Review
John Fund is National Affairs Columnist for National Review magazine and a on-air analyst on the Fox News Channel. He is considered a notable expert on American politics and the nexus between politics and economics.
He previously served as a columnist and editorial board member for The Wall Street Journal. He is the author of several books, including Who's Counting: Bow Fraudsters and Bureaucrats Put Your Vote At Risk (Encounter Books, 2012); Stealing Elections: How Voter Fraud Threatens Our Democracy (Encounter Books, 2008) and The Dangers of Regulation Through Litigation (ATRA Press, 2008). He worked as a research analyst for the California Legislature in Sacramento before beginning his journalism career as a reporter for the syndicated columnists Rowland Evans and Robert Novak.
Roll Call, the newspaper of Capitol Hill, called him "the Tom Paine of the modern Congressional reform movement." He has won awards from the Institute for Justice, The School Choice Aliance and the Warren Brooks award for journalistic excellence from the American Legislative Exchange Council.
Senior Resident Scholar, Institute of Government Studies, UC Berkeley
Steven Hayward is currently senior resident scholar at the Institute of Governmental Studies at UC Berkeley, and a visiting lecturer at Berkeley Law School. He was previously the Ronald Reagan Distinguished Visiting Professor at Pepperdine University’s Graduate School of Public Policy, and was the inaugural visiting scholar in conservative thought and policy at the University of Colorado at Boulder in 2013-14. From 2002 to 2012 he was the F.K Weyerhaeuser Fellow in Law and Economics at the American Enterprise Institute in Washington DC, and has been senior fellow at the Pacific Research Institute in San Francisco since 1991.
He writes frequently for the New York Times, Washington Post, Wall Street Journal, National Review, the Weekly Standard, the Claremont Review of Books, and other publications. The author of six books including a two-volume chronicle of Reagan and his times entitled The Age of Reagan: The Fall of the Old Liberal Order, 1964-1980, and The Age of Reagan: The Conservative Counter-Revolution, 1980-1989, and the Almanac of Environmental Trends. His most recent book is Patriotism is Not Enough: Harry Jaffa, Walter Berns, and the Arguments That Redefined American Conservatism.
Telecommunications: Broadband Re-regulation: The Battle Returns to the Courts
Earl W. Comstock, Kelly A. Donohue, Miguel A. Estrada, Roslyn Layton, Robert Quinn, David B. Sentelle
Panelists will examine the impact of the FCC's Open Internet Order and reclassification of broadband...
Telecommunications: Broadband Re-regulation: The Battle Returns to the Courts
2015 National Lawyers Convention
Washington, DC"The Drone Papers": What They Reveal About The Fight Against Terrorism (And What They Don't) - Podcast
Adam I. Klein
In October of 2015, The Intercept, a website founded by Edward Snowden confidant Glenn Greenwald,...
"The Drone Papers": What They Reveal About The Fight Against Terrorism (And What They Don't)
International & National Security Law Practice Group Teleforum
TeleforumJuly Luncheon on the Second Amendment
Montgomery, AlabamaThe Federalization Of Crime
Irvine, CaliforniaPost-Election Wrap-Up with Sen. Jon Kyl
Phoenix, ArizonaExecutive Authority and the 2014 Senate Election
Raleigh, North CarolinaExecutive Branch Overreach
Austin, TexasReflections on Being the Conservative Scholar in Residence At CU
Denver, Colorado