Senior Attorney and Counsel for Special Projects, Competitive Enterprise Institute
CEI’s Counsel for Special Projects is Hans Bader. Coming to CEI in 2003, Hans’s prior casework has included suits involving the First Amendment, federalism, and civil rights issues. He graduated from the University of Virginia with a B.A. in economics and history, and later earned his J.D. from Harvard Law School. Just before joining CEI, Hans was Senior Counsel at the Center for Individual Rights.
Senior Litigation Counsel, New Civil Liberties Alliance
Throughout his 40-year career in private law practice in Washington, D.C., Richard Samp has specialized in appellate litigation with a focus on constitutional law. He served as Chief Counsel of the Washington Legal Foundation for more than 30 years. He has participated directly in more than 200 cases before the U.S. Supreme Court. Mr. Samp is a graduate of Harvard College and the University of Michigan Law School and clerked for a federal judge in Detroit.
General Counsel and Vice-President of Litigation, Washington Legal Foundation
Cory Andrews is General Counsel and Vice-President of Litigation for the Washington Legal Foundation (WLF). As counsel of record for WLF and other clients, he has authored more than 100 briefs, at petition and merits stages, in the U.S. Supreme Court. He also frequently litigates in state and federal appellate courts. Before joining WLF, Cory practiced trial and appellate law for White & Case LLP, where he litigated in state and federal courts on behalf of clients in the telecommunications, hospitality, and banking industries. He received his J.D. magna cum laude from the University of Florida, where he was Editor-in-Chief of the Florida Law Review and elected to the Order of the Coif. Upon graduation, Cory served as a law clerk to the Honorable Steven D. Merryday of the U.S. District Court for the Middle District of Florida.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Partner, Wiley Rein LLP
Tom has over 15 years’ experience in private practice and public service at the federal and state levels representing clients in high-stakes appellate and regulatory litigation matters. Tom has argued appeals in the Fourth, Fifth, Ninth, D.C. and Federal Circuits, and the West Virginia Supreme Court of Appeals.
Prior to joining Wiley, Tom was the General Counsel at the Federal Communications Commission (FCC), where he served as the agency’s chief legal officer and briefed dozens of appeals – personally arguing two – in the federal courts of appeals in constitutional and administrative law challenges to the FCC’s orders. Tom managed a team of over 70 attorneys and staff and provided consultation and advice on a wide range of practice areas relating to the FCC’s work, including administrative law, appellate and trial litigation, bankruptcy, ethics, fiscal law, fraud, labor and employment, and public records requests. He has spent his career advising clients on all stages of federal agency rulemaking, adjudication, and litigation, in fields ranging from communications to environmental law to securities to labor and employment. He frequently speaks and writes on legal issues and his articles have appeared in the Wall Street Journal, Washington Post, National Review, Forbes, and Newark Star-Ledger.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
United States House of Representatives, Maryland
The son of immigrants who fled communist Eastern Europe immediately after World War II, Andrew P. Harris, M.D., has spent a lifetime serving his neighbors, country and community. Whether it was as a physician at the prestigious Johns Hopkins Hospital, as a medical officer in the Naval Reserve, as a hard-working state senator, or now as congressman, Andy has made a life by serving others. He is dedicated to making sure every constituent in the 1st Congressional District receives the highest-quality assistance and is well-represented in the halls of Congress.
Serving his neighbors. Andy is a proud father of five children (Joe, Becky, Irene, Jessica and Danny), grandfather of two (Charles, Abigail), and husband to Cookie for over 33 years. Born in working-class Brooklyn in 1957, Andy grew up one of four boys.. He found his calling studying medicine at the Johns Hopkins Hospital in Baltimore, where he continued to practice as an anesthesiologist for over three decades. Obstetric anesthesiology was his subspecialty, and over those years has helped thousands of women through their labor and delivery. For many years, his peers chose him to be named as one of the nation’s “Best Doctors” in his specialty. Recently, Andy still practices at Memorial Hospital in Easton, Maryland.
Serving his country. Answering a recruitment call to fill a critical need for anesthesiologists in the Naval Reserve during the Reagan Administration, Andy volunteered to serve in the military as a medical specialist. He went on to establish and command the Johns Hopkins Medical Naval ReserveUnit. In 1990, his unit was called up to active duty in order to assist with Operation Desert Shield (and later Operation Desert Storm). They took care of active duty military, veterans, and POWs at Bethesda Naval Hospital. Harris reached the rank of Commander (O-5).
Serving his community. Unhappy with the status quo in Annapolis, Harris, a political neophyte, decided to take on the establishment and make a run for the Maryland State Senate in 1998. After winning by an impressive margin, Andy continued to serve as a physician – epitomizing our Founding Fathers' belief in a part-time, citizen legislature. His innovative thinking, devotion to efficient government and dedication to his constituents earned him the “Hero of the Taxpayer” award from the Maryland Taxpayers Association in 2008.
Andy began serving as the Congressman from the beautiful 1st Congressional District of Maryland in 2011. He serves on the Committee on Appropriations and on the following subcommittees: Commerce, Justice, Science, and Related Agencies; Labor, Health and Human Services, Education, and Related Agencies; and Legislative Branch. In his free time, he enjoys spending time on the Chesapeake Bay with his family, and repairing old cars with his sons.
Prof. Jill Levenson is a licensed clinical social worker with more than 20 years experience in the human service field. She began her career as a child protection social worker in Baltimore and has worked in a variety of social service agencies over the years. In addition to teaching at Lynn, she maintains a small psychotherapy practice.
Levenson is also a nationally recognized expert in sexual violence and is frequently quoted in the media. She has testified in front of the Florida, Kansas, Vermont and New Mexico Legislatures and has contributed to an Amicus Brief submitted to the U.S. Supreme Court in the 2002 case of CT v. Doe, which addressed the constitutionality of Megan's Law. Levenson is actively engaged in several research projects funded by the National Institute of Justice, and serves on the editorial board of “Sexual Abuse: Journal of Research and Treatment.”
A. W. Walker Centennial Chair in Law, University of Texas at Austin School of Law
Professor Graglia has written widely in constitutional law--especially on judicial review, constitutional interpretation, race discrimination, and affirmative action--and also teaches and writes in the area of antitrust. He is the author of Disaster by Decree: The Supreme Court Decisions on Race and the Schools (Cornell, 1976) and many articles, including recently "Church of the Lukumi Babalu Aye: Of Animal Sacrifice and Religious Persecution" (Georgetown Law Journal, 1996). He has been a Visiting Professor at the University of Virginia School of Law.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center; Faculty Director, Georgetown Center for the Constitution
Randy E. Barnett is the Patrick Hotung Professor of Constitutional Law at the Georgetown University Law Center and is the Faculty Director of the Georgetown Center for the Constitution. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States’ Attorney’s Office in Chicago. A recipient of a Guggenheim Fellowship in Constitutional Studies and the Bradley Prize, Professor Barnett has been a visiting professor at Penn, Northwestern and Harvard Law School.
Professor Barnett’s publications includes thirteen books, more than one hundred articles and reviews, as well as numerous op-eds. His most recent book is Felony Review: Tales of True Crime and Corruption in Chicago (2026). His other books on the Constitution include: A Life for Liberty: The Making of an American Originalist (2024); The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021) (with Evan Bernick); An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know (2019) (with Josh Blackman); Restoring the Lost Constitution: The Presumption of Liberty (2nd ed. 2013); Our Republican Constitution: Securing the Liberty and Sovereignty of We the People (2016); and Constitutional Law: Cases in Context (5th ed. forthcoming 2027) (with Josh Blackman). His books on contracts are The Oxford Introductions to U.S. Law: Contracts (2010) and Contracts: Cases and Doctrine (7th ed. 2021) (with Nate Oman). And he is the author of The Structure of Liberty: Justice and the Rule of Law (2nd ed. 2014).
In 2004, he argued the medical marijuana case of Gonzalez v. Raich before the U.S. Supreme Court. In 2012, he was one of the lawyers representing the National Federation of Independent Business in its constitutional challenge to the Affordable Care Act in NFIB v. Sebelius. He’s appeared in numerous documentaries and portrayed a prosecutor in the 2010 science-fiction feature film, InAlienable: The Movie. On X he is @RandyEBarnett
Partner, King & Spalding LLP
Former U.S. Attorney for the Eastern District of California, a 34-county district with an area that stretches from the Oregon border to Bakersfield, Greg Scott is an experienced trial lawyer who represents major companies facing government investigations and litigation, with a focus in the healthcare, retail, and construction industries. He has extensive knowledge on matters involving consumer protection, construction disputes, the Foreign Corrupt Practices Act (FCPA) and the False Claims Act (FCA).
Greg represents corporations under investigation by state district attorneys concerning potential violations of consumer protection laws, as well as corporations operating senior assisted livingfacilities under investigation by the state attorney general regarding potential violations of elder abuse laws. In addition, he represents construction companies under investigation by state district attorneys when employees are involved in serious accidents at worksites.
A retired Lieutenant Colonel after serving more than 20 years in the California Army National Guard & United States Army Reserve, Greg went on to become a deputy district attorney in Contra Costa County and twice-elected District Attorney of Shasta County. He also served as an Adjunct Professor of National Security Law at the University of the Pacific, McGeorge School of Law following his first term as U.S. Attorney for the E.D. of California. Between his two terms as U.S. Attorney for the E.D. of California, Greg was the vice chair of the white-collar defense and corporate investigations practice at an AmLaw 50 firm.
Misconceptions about Ledbetter v. Goodyear Tire & Rubber Co.
Hans Frank Bader
Note from the Editor: This article discusses the Supreme Court’s decision in Ledbetter v....
Restraining Park Doctrine Prosecutions Against Corporate Officials Under the FDCA
Richard A. Samp, Cory L. Andrews
Note from the Editor: This paper analyzes the FDA’s “Park Doctrine” for prosecutions against corporate...
Religious Free Exercise Under Fire
St. Louis, MissouriFisher v. University of Texas: Will the Supreme Court End Affirmative Action at Public Universities?
Ft. Worth, TexasMissouri v. McNeely - Post-Argument SCOTUScast
Erik S. Jaffe
On January 9, 2013, the Supreme Court heard oral argument in Missouri v. McNeely. The question...
Tort Reform Update: Recently Enacted Legislative Reforms and State Court Challenges
Andrew Cook
Introduction Since the 2010 elections altered the makeup of many state legislative and executive branches,...
Tort Reform Update: Recently Enacted Legislative Reforms and State Court Challenges
Andrew Cook
Introduction Since the 2010 elections altered the makeup of many state legislative and executive...
New Jersey Voters Overwhelmingly Approve Constitutional Amendment to Overturn Judicial Pensions Case
Thomas M. Johnson
On Election Day 2012, New Jersey voters overwhelmingly approved the New Jersey Judicial Salary...
An Exchange Over The Sex Offender Registration and Notification Act (SORNA)
John G. Malcolm, Andrew P. Harris, Jill Levenson
The Sex Offender Registration and Notification Act: A Sensible and Workable Law that Helps Keep...
Marijuana: Examining the Tensions Between State and Federal Laws