Director of Property Rights Litigation, Pacific Legal Foundation
Robert Thomas is Pacific Legal Foundation’s director of its Property Rights practice group. He is an expert on property rights, takings, land use, and eminent domain issues.
After more than three decades in private practice in Hawaii and California representing property owners in takings, eminent domain, and land use cases, Robert joined PLF’s team of freedom fighters in 2021.
He has litigated cases in both state and federal court. As counsel for the property owners in County of Hawaii v. C&J Coupe Family Limited Partnership, he helped establish the rule that courts are not mere “rubber stamps” when a local government is taking property by eminent domain. Another case, Hamilton ex rel. Lethem v. Lethem, held that a parent’s liberty interest in raising and disciplining his child included a right to fair procedures, including notice and a judicial hearing before the family court could restrict parent-child contact.
Robert is a frequent speaker on property rights, takings, land use, and eminent domain issues nationwide. He also regularly publishes scholarly and practical articles in his area of practice, most recently including, “Hoist the Yellow Flag and Spam® Up: The Separation of Powers Limitation on Hawaii’s Emergency Authority”, 43 U. Haw. L. Rev. 71 (2020) and “Evaluating Emergency Takings: Flattening the Economic Curve”, 29 Wm. & Mary Bill Rts. J. 1145 (2021).
An elected member of the American Law Institute, Robert received his LLM, with honors, from Columbia Law School, where he was a Harlan Fiske Stone Scholar, and his JD from the University of Hawaii School of Law, where he served as editor of the Law Review. He also serves as the inaugural Joseph T. Waldo Visiting Chair in Property Rights Law at William & Mary Law School in Williamsburg, Virginia, where he teaches upper-division courses in eminent domain, land use, property rights, and property law.
When he’s not working, you might find Robert writing and publishing his blog on land use, property, and takings law, inversecondemnation.com, one of the most widely read blogs on those subjects.
Richard E. Nelson Eminent Scholar Chair in Local Government Professor of Law, University of Florida Levin College of Law
Michael Allan Wolf joined the faculty of the University of Florida Levin College of Law in August, 2003, as the first occupant of the Richard E. Nelson Chair in Local Government Law. Professor Wolf has been teaching and writing for more than three decades in the areas of land-use planning, property, local government, constitutional, environmental, and urban revitalization law; and legal and constitutional history. He earned his B.A. degree from Emory University, his J.D. degree from the Georgetown University Law Center, and his A.M. (history) and Ph.D. (History of American Civilization) degrees from Harvard University. Professor Wolf, who was Professor of Law and History at the University of Richmond, held his first law teaching appointment at Oklahoma City University and has also served as a visiting professor, first at the University of Richmond, then at American University.
Since 2000, Professor Wolf has been the General Editor of Powell on Real Property (17 volumes), the most prominent treatise in the area that is regularly cited by state and federal courts. Other recent books include Land Use Law (with Daniel R. Mandelker, 2015-), The Supreme Court and the Environment: The Reluctant Protector (2012), Land Use Planning and the Environment: A Casebook (with Charles M. Haar, 2010), Powell on Real Property: Michael Allan Wolf Desk Edition (a one-volume abridgement of the treatise, 2009), The Zoning of America: Euclid v. Ambler (2008), and Strategies for Environmental Success in an Uncertain Judicial Climate (editor and contributor, 2005). His writings have also appeared in a wide variety of law and law-related journals (including the Harvard Law Review, Michigan Law Review, and Fordham Law Review), many of them contributions to symposia on topics in land-use regulation, environmental law, eminent domain, and regulatory takings. His commentaries have been featured in national newspapers and on National Public Radio.
Clinical Professor of Law, University of Arizona, James E. Rogers College of Law
Tessa L. Dysart is the Assistant Director of Legal Writing and Associate Clinical Professor of Law at the University of Arizona, James E. Rogers College of Law. With the Hon. Leslie H. Southwick of the United States Court of Appeals for the Fifth Circuit, she co-authored the third edition of Winning on Appeal: Better Briefs and Oral Arguments. She manages the Appellate Advocacy Blog, writes on human trafficking and constitutional law, and lectures nationally on developing effective state anti-trafficking laws.
Professor Dysart is a graduate of Willamette University and Harvard Law School. She clerked for the Hon. Dennis W. Shedd of the United States Court of Appeals for the Fourth Circuit. Her practice experience includes working for the United States Department of Justice Office of Legal Policy and the Senate Judiciary Committee. Prior to joining the College of Law faculty she taught appellate advocacy and constitutional law courses at Regent University School of Law, where she coached award-winning moot court teams and advised the program to a national ranking.
Vice President for Legal Affairs, Goldwater Institute
Partner and Co-Chair of Securities & Regulatory Enforcement, Stradley Ronon
As a former supervisory assistant chief litigation counsel in the Enforcement Division of the U.S. Securities and Exchange Commission (SEC), Jan Folena has led and successfully litigated many of the financial service industry’s most complex and high-profile cases. She has appeared in federal courts across the United States as lead trial counsel, handling issues at the forefront of the securities industry, including in one of only a few financial fraud jury trials, a highly publicized insider trading trial, and an enforcement action against the Big Four accounting firms.
As co-chair of Stradley Ronon’s securities and regulatory enforcement practice, Jan focuses her practice on assisting firms and individuals in navigating internal investigations, regulatory enforcement matters, commercial disputes and, when necessary, arbitration, mediation and trial. She regularly advises asset managers, broker-dealers, registered and private funds, public companies, officers, directors, principals and auditors on complex matters involving enforcement of federal and state securities laws, including regulatory examinations, internal investigations and litigation. Jan also represents clients in congressional inquiries, before state regulators, and in third-party litigation.
In her previous supervisory role at the SEC, Jan managed a team of trial lawyers and investigative staff while providing legal guidance and litigation risk assessment to the commission and SEC division heads. Jan was selected to serve as the first assistant chief litigation counsel to the SEC’s Asset Management Unit providing legal advice and serving as litigation counsel for cases brought under the Investment Company Act of 1940 and the Investment Advisers Act of 1940. Prior to joining the SEC, Jan served as chief trial counsel at the Commodity Futures Trading Commission and as trial counsel at the U.S. Department of Justice, Commercial Litigation Branch.
Jan’s expansive government career serves as the foundation for her substantial insights and firsthand knowledge into industry best practices and solutions for clients. She is frequently sought after for her sophisticated knowledge and understanding of federal securities laws, administrative procedure, federal and state court litigation, and enforcement actions at the SEC and other regulatory agencies.
Senior Litigation Counsel, New Civil Liberties Alliance
Peggy Little, Senior Counsel at New Civil Liberties Alliance, a new public interest law firm challenging the administrative state founded in 2017 by Professor Philip Hamburger, has over three decades of experience as a trial and appellate litigator in complex, high-stakes regulatory, mass-tort, class-action, products liability, securities, commercial and civil rights litigation representing individuals and high-profile litigants including Fortune 50 companies, financial institutions, public companies, and universities in state and federal courts, including the United States Supreme Court.
Peggy is a graduate of Yale College and Yale Law School, where she was awarded the Potter Stewart Prize. She was a law clerk to the Hon. Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. Prior to starting her own trial and appellate law firm in 1997, where she was appellate consulting counsel to the New Haven firefighters in Ricci v.DeStefano, a landmark 2009 United States Supreme Court decision, Peggy was a partner at Tyler, Cooper & Alcorn in New Haven, Connecticut. From 2004 to early 2018, Peggy directed, part-time, the Federalist Society Pro Bono Center.
Peggy has participated in many national conferences and symposia addressing issues of current importance in constitutional law – specifically state and federal constitutional questions regarding the separation of powers and the first amendment – and regularly speaks, blogs and publishes on the topic of the unconstitutional exercise of governmental power. In May of 2017, she presented her paper, Pirates at the Parchment Gates, to a conference of state and federal judges at the Law and Economics Center at the Antonin Scalia Law School. Her work has been published by law reviews, legal publications, the Federalist Society, the Wall Street Journal, Law and Liberty and the Manhattan Institute.
Recent publications include: How the SEC silences its critics, The SEC should listen to Sen. Cotton, Lucia v. SEC, Opening Salvos in the Opioid Litigation Wars, Straight Dope on the Opioid Crisis
Executive Director, Milken Institute Center for Financial Markets
Michael S. Piwowar is the executive director of the Milken Institute Center for Financial Markets. Dr. Piwowar served as a Commissioner at the U.S. Securities and Exchange Commission from August 15, 2013 to July 6, 2018. He was first appointed to the SEC by President Barack Obama and was designated Acting Chairman of the Commission by President Donald Trump from January 23, 2017 to May 4, 2017. He was previously the Republican chief economist for the U.S. Senate Committee on Banking, Housing, and Urban Affairs under Senators Mike Crapo (R-ID) and Richard Shelby (R-AL) and served as the lead Republican economist on the four SEC-related titles of the Dodd-Frank Act and the JOBS Act. During the financial crisis and its immediate aftermath, Dr. Piwowar served in a one-year fixed-term position at the White House as a senior economist at the President’s Council of Economic Advisers (CEA) in both the George W. Bush and Barack Obama Administrations. Before joining the White House, Dr. Piwowar worked as a Principal at the Securities Litigation and Consulting Group (SLCG). He received a B.A. in Foreign Service and International Politics from the Pennsylvania State University, an M.B.A. from Georgetown University, and a Ph.D. in Finance from the Pennsylvania State University.
Associate Professor of Law, Sandra Day O'Connor College of Law, Arizona State University ; Affiliated Professor of Philosophy, Arizona State University
Charlie Capps is an Associate Professor at Arizona State University’s Sandra Day O’Connor College of Law and an affiliated member of the philosophy faculty at ASU’s School of Historical, Philosophical, and Religious Studies. He teaches courses on criminal law, constitutional law, and jurisprudence, and his research focuses on the intersection of law and philosophy, especially the role of moral responsibility in criminal law, the debate between positivism and natural-law theory in general jurisprudence, and theories of constitutional and statutory interpretation. Prior to joining ASU, Professor Capps was an Associate Scholar at the University of Chicago Law School and Deputy Solicitor General for the State of Missouri. After graduating from law school, he clerked for Judge Raymond W. Gruender on the U.S. Court of Appeals for the Eighth Circuit. He holds a JD with honors from the University of Chicago Law School and a PhD in Philosophy from the University of Chicago.
Professor of Law, Co-Director of the Center on the Structural Constitution, Texas A&M University School of Law
Katherine Mims Crocker is a Professor of Law and Faculty Co-Director of the Center on the Structural Constitution at Texas A&M University School of Law. She is also an affiliate of the Stanford Constitutional Law Center. Her scholarship focuses on federal courts, civil-rights litigation, constitutional law, and state and local-government law. She has also taught courses in civil procedure, property, and judicial decision making. Professor Crocker has published papers (or has work forthcoming) in leading journals including the Duke Law Journal, Harvard Law Review, Michigan Law Review, Minnesota Law Review, Notre Dame Law Review, Virginia Law Review, and Washington University Law Review.
Before joining Texas A&M, Professor Crocker was on the faculty at William & Mary Law School and completed a fellowship at Duke Law School. She also practiced at McGuireWoods LLP in Richmond, Virginia, where she concentrated on appellate litigation. Professor Crocker clerked for Justice Antonin Scalia of the Supreme Court of the United States and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. She received her law degree from the University of Virginia, where she graduated first in her class and was an Articles Development Editor on the Virginia Law Review. She earned her undergraduate degree from Harvard University cum laude.
Assistant Professor of Law and, by courtesy, Computer Science, University of Nebraska College of Law; Nonresident Fellow, Stanford Law School Program in Law, Science & Technology
Professor Dickinson is an Assistant Professor of Law University of Nebraska College of Law, where he teaches Contracts, Business Torts and Unfair Competition, The Common Law, and Remedies. He is also a nonresident fellow with the Stanford Law School Program in Law, Science and Technology and holds a JD from Harvard Law School. Before teaching, Professor Dickinson practiced at Ropes & Gray LLP in Boston and at law firms in Rochester, New York, with a year in between as a law clerk for Judge Richard C. Wesley of the U.S. Court of Appeals for the Second Circuit.
Professor Dickinson's research focuses on the interaction between private law and technology. One major area of interest is how the common law responds to technological innovation and can be harnessed to complement the more particular statutory and regulatory schemes layered atop it. A second branch of his work explores how the tools of machine learning and artificial intelligence can be brought to bear on traditional legal questions. Through computational analysis of large bodies of case law his research seeks to provide a more systematic view of our legal system and doctrines and to guide legal reforms and policy decisions. His work appears in leading journals including the Boston College Law Review, the Stanford Technology Law Review, the Harvard Journal on Legislation, and the Administrative Law Review.
Associate Professor of Law, Sandra Day O'Connor College of Law, Arizona State University
Jonathan Green is an Associate Professor of Law at Arizona State University teaching Civil Procedure and Statutory Interpretation. His scholarship focuses on the history of political and legal thought. He is especially interested in the history of constitutionalism, theories of interpretation, and the concept of judicial power. His research has been published in the Arizona State Law Journal, the Journal of the History of Ideas, Modern Intellectual History, and the Historical Journal.
Prior to joining the ASU faculty in 2024, Professor Green was a Harry A. Bigelow Fellow at the University of Chicago. He previously clerked for Judge Neomi Rao of the U.S. Court of Appeals for the District of Columbia Circuit, and worked as a litigation associate at DLA Piper in Philadelphia.
Professor Green holds a J.D. from Yale Law School, where he was an editor of the Yale Law Journal. He received his PhD from the University of Cambridge, where he was a joint recipient of Prince Consort & Thirwall Prize, awarded annually for the best dissertation in the Cambridge History Faculty. He also received his MPhil from Cambridge, and earned his B.A., summa cum laude, from Northwestern University.
Interim Dean and Levin, Mabie, & Levin Professor, University of Florida Levin College of Law
Merritt E. McAlister is the Interim Dean and Levin, Mabie & Levin Professor at Levin College of Law. She joined the UF Law faculty in 2018, and she was appointed interim dean in June 2023. Prior to her career in academia, Dean McAlister was a partner in the national appellate practice group of King & Spalding.
Dean McAlister clerked for Justice John Paul Stevens of the Supreme Court of the United States and Judge R. Lanier Anderson III of the U.S. Court of Appeals for the Eleventh Circuit. She received her bachelor’s degree in English and Women and Gender Studies, magna cum laude, from Rice University and her law degree summa cum laude from the University of Georgia School of Law, where she served as Executive Articles Editor of the Georgia Law Review.
Dean McAlister teaches and writes in the areas of federal courts, judicial decision-making, constitutional law, and court administration. Her scholarship focuses on issues of institutional design in the federal appellate courts. Dean McAlister’s work has been published in the University of Pennsylvania Law Review, the Michigan Law Review, and the Northwestern University Law Review, among others. In 2020, she received the annual prize from the AALS Federal Courts Section for the best paper on federal courts by an untenured professor.
Associate Professor of Law, University of Missouri School of Law
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
Director, Faculty Relations, The Federalist Society
Katie McClendon is the Director of Faculty Relations at the Federalist Society, where she has worked since 2015.
Katie holds a J.D. from the University of Pennsylvania Law School and a B.A. in Political Science from Biola University, where she was a member of the Torrey Honors Institute. She is a fellow of the John Jay Institute and the Blackstone Legal Fellowship. Katie is originally from Los Angeles, and she now lives with her husband and four children in Atlanta.
Vice President and Deputy Counsel, Wisconsin Institute for Law and Liberty
Euclid at 100: The Past, Present, and Future of Zoning in America
Isaiah McKinney, Robert H. Thomas, Michael A. Wolf
This year marks the 100th anniversary of the Supreme Court's decision in Village of Euclid v....
The Federalist’s Quill: A Mighty Tool—But Only If You Know How to Use It! A Mini-Session on Legal Writing
Tessa Dysart, Timothy Sandefur
Featuring: Prof. Tessa L. Dysart, Assistant Director of Legal Writing and Clinical Professor of Law, James...
Loper Bright Fallout for SEC Rulemaking?
Jan Folena, Margaret A. Little, Michael Piwowar
In an unprecedented action, the SEC in July dismissed with prejudice a pending enforcement case...
Young Legal Scholars Paper Presentations [Part 1]
Charles F. Capps, Katherine Mims Crocker, Gregory Dickinson, Jonathan Green, Merritt E. McAlister, Ryan Snyder
Prof. Charles Capps, “What Interpretation Just Is and Why It Matters,” Associate Professor of Law,...
Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible?
R. Pepper Crutcher, Alexander T. MacDonald, Tammy Dee McCutchen, Christopher C. Murray
The Administrative Procedure Act directs federal courts to review and to set aside final agency...
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An AI Maker Was Just Found Liable for Copyright Infringement. What Does This Portend for Content Creators and AI Makers?
In a case decided on February 11, the makers of generative AI (GenAI), such as...
Federalist Society Review, Volume 25
Katie McClendon
The Federalist Society Review is the legal journal of the Federalist Society. The Review is...
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A Guide to Locating and Obtaining Older Federal Court Records
The PACER platform—Public Access to Court Electronic Records—is still a relatively recent invention, completing wide...
The Twin Commands: Streamlining Equality Litigation Based on Students for Fair Admissions
Daniel Lennington
Each year, government contracting programs dole out tens of billions of dollars to businesses that...
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Artificial Intelligence in the Courtroom: Two Approaches
Hardly a week goes by when there is not a new story of someone getting caught...