Director, Independent Women's Law Center, Independent Women's
Jennifer C. Braceras, a member of the Federalist Society Board of Visitors, is the director of Independent Women’s Law Center and a former member of the U.S. Commission on Civil Rights.
Ms. Braceras is a graduate of the Harvard Law School, where she served as an editor of the Law Review. After law school, she clerked for two federal judges and practiced labor and employment law with the Boston law firm Ropes & Gray.
A long time political columnist and editor, Ms. Braceras's writing has appeared in a variety of publications, including the Wall Street Journal, the Boston Globe, the Hill, and National Review Online. She co-hosts At the Bar, a bimonthly virtual happy hour discussion about issues at the intersection of law, politics, and culture.
Of Counsel, Foley Hoag LLP
Former Massachusetts Attorney General Martha Coakley is of counsel in Foley Hoag's Litigation Department. She focuses her practice on government and internal investigations, litigation, and data privacy and security. Martha has substantial experience in civil and criminal litigation in all state and federal courts including the U.S. Supreme Court. She has performed extensive grand jury work and defended federal grand juries and has considerable experience conducting complex investigations.
As the first female Attorney General of Massachusetts, Martha has been a national leader in addressing the economic crisis by holding banks accountable and keeping residents in their homes; protected civil rights as the first Attorney General to successfully challenge the Defense of Marriage Act; investigated fraud and corruption; championed major initiatives to address health care and energy costs; and recovered hundreds of millions of dollars back for the taxpayers of the Commonwealth of Massachusetts. She served as Attorney General from 2007-2015.
Partner, McDermott Will & Emery
Robert (Bob) J. Cordy’s practice includes business litigation, white collar criminal defense, internal investigations, appellate work and major public/private projects.
Bob previously served for 16 years as an associate justice of the Massachusetts Supreme Judicial Court. He has worked with judges from Mexico, Russia, China, Kosovo, Turkey, Uzbekistan, Ukraine, Afghanistan and other countries on issues relating to judicial ethics, rule of law principles and the American judicial system. Bob also served as chair of the Supreme Judicial Court Rules Committee, co-chair of the Supreme Judicial Court Judiciary-Media Committee and member of the Committee for Capital Planning for the Judicial System.
Bob began his career working for the Massachusetts Public Defenders Office, and subsequently held positions with the Massachusetts Department of Revenue, the Massachusetts State Ethics Commission and the United States Attorney’s Office where he became the chief of the Public Corruption prosecution unit. Bob also served as chief legal counsel to Massachusetts Governor William F. Weld, working on a wide range of policy issues including regulatory and criminal justice reform, ethics in government and the appointment of judges. Before his appointment to the Supreme Judicial Court in 2001, Bob was a partner and head of McDermott’s Boston office.
Bob is also a member of our legal cannabis industry group. Our Cannabis Industry group is a multidisciplinary team of lawyers providing clients with regulatory, litigation, intellectual property, trade and tax services with respect to their investments and participation in the cannabis industry, all subject to the Firm’s obligations under federal and state laws and bar licensure rules.
Former Associate Justice, Massachusetts Supreme Judicial Court
Judith Cathy Arnold Cowin is a retired justice of the Massachusetts Supreme Judicial Court. She was born in Boston. Cowin received her undergraduate degree from Wellesley College and her J.D. degree from Harvard Law School.
Chief Legal Correspondent, CBS News
Jan Crawford is CBS News' chief legal correspondent and contributes regularly to the "CBS Evening News," "CBS This Morning," and "Face the Nation," as well as CBS News Radio and CBSNews.com.
Crawford joined CBS News in October 2009. She had been a regular contributor to CBS News in 2005 to 2006.
Crawford is a recognized authority on the Supreme Court whose 2007 book, "Supreme Conflict: The Inside Story of the Struggle for the Control of the United States Supreme Court" (Penguin Press), gained critical acclaim and became an instant New York Times Bestseller. She began covering the Court in 1994 for the Chicago Tribune and went on to become a law and political correspondent for all ABC News programs, a Supreme Court analyst for The NewsHour With Jim Lehrer on PBS and a legal analyst for CBS News' "CBS Evening News" and "Face the Nation." She has reported on most of the major judicial appointments and confirmation hearings of the past 15 years and amassed crucial sources in the White House, the Justice Department and Congress along the way.
Chief Justice John Roberts granted his first network television interview to Crawford, just one of the rare interviews she was able to obtain with a total of five of the Court's current members, as well as retired Justice Sandra Day O'Connor. Crawford also sat down with then-86-year-old Justice John Paul Stevens in his first television interview, as well as Justices Clarence Thomas, Antonin Scalia and Stephen Breyer.
Crawford's in-depth reports on the Bush Administration's legal war on terror and her exclusive reports on controversial interrogation techniques used for terror suspects have received wide acclaim and been credited with being a catalyst for congressional hearings. Washingtonian Magazine named her one of Washington's top journalists.
Crawford began her journalistic career at the Tribune in 1987, joining the legal affairs beat in 1993, after her graduation from the University of Chicago Law School. The newspaper awarded Crawford its highest award in 2001, for her role on a team of reporters covering the presidential election of 2000, and the legal battles over the White House. She won the same prize for her 13-part series on the post-civil rights South, a project that brought her back to her native Alabama.
Crawford graduated from the University of Alabama in 1987. She has taught journalism at American University and frequently speaks about the Court to universities, law schools, legal organizations and civic groups across the country. She is a member of the New York Bar. She and her family live in Washington D.C.
Senior Lecturer on Law, Harvard Law School
Nancy Gertner is a former U.S. federal judge who built her career around standing up for women’s rights, civil liberties and justice for all. Gertner was appointed to the federal bench of the U.S. District Court of Massachusetts by President Bill Clinton in 1994. She retired from the bench in 2011 to teach at Harvard Law School.
Named one of “The Most Influential Lawyers of the Past 25 Years” by Massachusetts Lawyers Weekly, Gertner has written and spoken throughout the U.S., Europe and Asia. She has published widely on sentencing, discrimination, and forensic evidence; women’s rights; and the jury system. Her autobiography, “In Defense of Women: Memoirs of an Unrepentant Advocate,” was published in 2011.
She is a graduate of Barnard College, Columbia University, and holds a M.A in Political Science and J.D. from Yale University. She has received numerous awards, including the Margaret Brent Award from the ABA commission on the status of Women, Massachusetts Bar Association’s Hennessey Award for judicial excellence in 2011; the Morton A. Brody Distinguished Judicial Service Award from Colby College in 2010; the National Association of Women Lawyers’ highest honor, the Arabella Babb Mansfield Award, in 2011,The Women's Bar Association's highest award, The Lelia Robinson Award, in 2012, and, in 2008, the Thurgood Marshall Award from the American Bar Association, Section of Individual Rights and Responsibilities, which recognized her contributions to advancing human rights and civil liberties. The Marshall award has been given to one other woman, Justice Ruth Ginsburg.
In November 2014, she gave the Pope and John lecture at Northwestern University. In October 2014, she was a resident scholar at the Rockefeller Foundation in Bellagio, Italy; In September she gave the keynote address at the 18th Anniversary Celebration of the Jewish Women’s archive (September 14, 2014).
Gertner is presently working on her second book, Incomplete Sentences, concerning the men who she sentenced over her 17 year career as a federal judge. In addition to writing about them, highlighting the unfairness and disproportionality of their sentences, she is assisting in clemency petitions where appropriate.
Drawing on her wide ranging experience in practice and as a judge, Gertner also consults and litigates in civil right cases (she is of counsel to Neufeld, Scheck & Brustin, a civil rights firm in New York City), white collar criminal case (she is of counsel to Fick and Marx, a white collar criminal defense firm in Boston), as well as in employment discrimination and false claims cases.
Drawing on her judicial experience, Gertner engages in mediation and arbitration with Resolutions, LLC. (with Eric Green) and the Southeast Regional Mediation, Arbitration and Compliance Association (with Bill Nettles and Paul Zwier).
U.S. District Court Judge, District of Massachusetts
Nathaniel M. Gorton is a federal judge for the United States District Court for the District of Massachusetts. He joined the court in 1992 after being nominated by President George H.W. Bush. At the time of appointment, he was a private practice in Massachusetts.
Partner, McCarter & English, LLP
Daniel Kelly brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience. Dan’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services, including emerging and established biomedical, intelligence, pharma, security, and textile R&D, manufacturing and production houses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies; Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers; and raw materials and component suppliers to large military prime contractors.
Dan is the author of the August 2018 edition Thomson Reuters’ Briefing Papers, which provides a comprehensive review of patent rights under “Other Transaction Agreements” (OTAs) with DoD and NASA. Heavily promoted by Congress, and only partially understood by industry, OTAs are quickly becoming DoD’s and NASA’s contractual vehicle of choice to lure commercial companies to sell the Government their latest and greatest technologies. However, OTAs are not governed by standard government contracts laws and regulations, meaning there are significant changes to the common provisions of ownership and license rights incident to government contracts and grants. The Briefing Paper should be required reading before entities enter into an OTA as a vehicle for developing new technologies for NASA and DoD to ensure their company’s intellectual property efforts are properly protected
In the matters, AdvanceMed Corporation, B-415360,B-415360.2,B-415360.3 (Dec 19, 2017), and AdvanceMed Corporation, B-414373.3 (Jan 10, 2018) Dan and the Government Contracts team at McCarter successfully defended its client Health Integrity, LLC (now Qlarant) against protests launched at the Government Accountability Office challenging awards by the Centers for Medicare and Medicaid Services (CMS) for Medicare and Medicaid audit and program integrity services.
Dan serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.
Dan serves as an adjunct member of the faculty at Suffolk University Law School where he has taught Government Contracts.
Dan receives Mentor of the Year Award in recognition of his contributions and support to NCMA Boston Chapter’s 2017-2018 Program Year.
Founding Artistic Director, Commonwealth Shakespeare Company
Steven Maler is the Founding Artistic Director of Commonwealth Shakespeare Company (CSC). At CSC he has been directing Free Shakespeare on the Boston Common productions since 1996, including Love’s Labour’s Lost, King Lear, Twelfth Night, The Two Gentlemen of Verona, Coriolanus, All’s Well That Ends Well, Othello, The Comedy of Errors, As You Like It, A Midsummer Night’s Dream, The Taming of the Shrew, Hamlet, Much Ado About Nothing, Macbeth, Henry V, The Tempest, Julius Caesar, and Romeo & Juliet. In collaboration with Boston Landmarks Orchestra, he directed A Midsummer Night’s Dream, featuring the Overture and Incidental Music of Felix Mendelssohn, as well as concert stagings of The Boys from Syracuse and Kiss Me, Kate at Boston’s iconic Hatch Shell.
In a joint venture between CSC and Google, he most recently directed a Virtual Reality adaption of Hamlet entitled Hamlet 360: Thy Father’s Spirit, which is currently available for viewing on Boston public media producer WGBH’s YouTube channel.
Other CSC works include the critically acclaimed production of Ariel Dorfman’s Death and the Maiden, the world premiere of Jake Broder’s Our American Hamlet, and the world premiere of Robert Brustein’s The Last Will. He directed Peter Eötvös’s operatic treatment of Tony Kushner’s Angels in America (U.S. Premiere) and Thomas Adès’ Powder Her Face, The Turn of the Screw at New Repertory Theatre, Santaland Diaries and Chay Yew’s Porcelain at SpeakEasy Stage Company, Top Girls and Weldon Rising at Coyote Theatre, and The L.A. Plays by Han Ong at A.R.T. His New York City credits include the New York Musical Theatre Festival production of Without You, written by and starring Anthony Rapp. The production has been seen in Boston, Edinburgh, Toronto, London and Seoul.
He received the Elliot Norton Award for Sustained Excellence as well as for Best Production, Twelfth Night;Outstanding Director, A Midsummer Night’s Dream; Best Production, Suburbia; Best Solo Performance, John Kuntz’s Starf***ers (which also won Best Solo Performance Award at New York International Fringe Festival).
His feature film “The Autumn Heart”, starring Tyne Daly and Ally Sheedy, was in the Dramatic Competition at the Sundance Film Festival.
United States District Judge for the District of Massachusetts
Patti B. Saris is the Chief United States District Judge of the United States District Court for the District of Massachusetts. She is also the former Chair of the United States Sentencing Commission.
U.S. District Court Judge, District of Massachusetts
F. Dennis Saylor IV is a federal judge for the United States District Court for the District of Massachusetts. He joined the court in 2004 after being nominated by President George W. Bush. At the time of appointment, Saylor served as Special Counsel & Chief of Staff to the Assistant Attorney General in the Criminal Division of the U.S. Department of Justice in Washington, DC. Saylor also serves on the United States Foreign Intelligence Surveillance Court. His term runs from May 19, 2011 until May 18, 2018.
U.S. District Court Judge, District of Massachusetts
Douglas Preston Woodlock is a federal judge for the U.S. District Court for the District of Massachusetts. He joined the court in 1986 after being nominated by President Ronald Reagan. At the time of appointment, Woodlock served as Chairman of the Massachusetts Committee for Public Counsel Services.
U.S. District Court Judge, District of Massachusetts
Rya Weickert Zobel is a federal judge of the United States District Court for the District of Massachusetts. She joined the court in 1979 after being nominated by President Jimmy Carter. At the time of her appointment, Zobel was a private practice attorney inMassachusetts.
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
Partner, O'Melveny & Myers LLP
Walter Dellinger is an influential authority on appellate and Supreme Court decisions, lending his experience as a former Solicitor General and decades of legal knowledge to amicus briefs, a multitude of pro bono clients, and public and private companies involved in bet-the-company litigation. A frequent commentator for the Wall Street Journal, Slate, and major television networks, Walter holds the designation of the Douglas B. Maggs Emeritus Professor of Law at Duke University. He was named one of the 100 Most Influential Lawyers in America by the National Law Journal and recognized with a Lifetime Achievement Award from the American Lawyer.
Walter, who formerly served as O’Melveny’s Diversity and Inclusion Partner, helped convince the US Supreme Court that proponents of Proposition 8, California's ban on same-sex marriage, did not have standing to appeal a court order invalidating it. That ruling, Hollingsworth v. Perry, cleared the way for marriage equality in California and eventually nationwide.
Walter served as Assistant Attorney General and head of the Office of Legal Counsel (OLC) from 1993 to 1996. He was acting Solicitor General for the 1996-97 Term of the US Supreme Court. During that time, Walter argued nine cases before the Court, the most by any Solicitor General in more than 20 years. His arguments included cases dealing with physician-assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act, and the constitutionality of remedial services for parochial school children.
Walter has served as Special Counsel to the Board of Directors of the New York Stock Exchange in connection with the NYSE’s transformation into a publicly held company and its acquisition of an electronic trading company.
After serving in early 1993 in the White House as an advisor to the President on constitutional issues, Walter was nominated by the President to be Assistant Attorney General. He was confirmed by the Senate in October 1993 and served for three years. As head of the OLC, Walter issued opinions on a wide variety of issues, including: the President's authority to deploy United States forces in Haiti and Bosnia; whether the trade agreements required treaty ratification; and a major review of separation of powers questions. He provided extensive legal advice on questions arising out of the shutdown of the federal government, on national debt ceiling issues, and on loan guarantees for Mexico.
Walter has published articles on constitutional issues for scholarly journals including the Harvard Law Review, the Yale Law Journal, and the Duke Law Journal, and has written for the New York Times, the Washington Post, Newsweek, the New Republic, and the London Times. He has been a visiting professor at the Catholic University of Belgium and has given lectures to university faculties in Florence, Siena, Nuremberg, Copenhagen, Leiden, Utrecht, Tilburg, Mexico, and Rio de Janeiro, and has delivered major lectures at Stanford, Yale, Harvard, Michigan, Berkeley, Penn, Duke, Chicago, and other US law schools. He has testified more than 25 times before committees of Congress.
In private practice, Walter’s arguments before the United States Supreme Court have included Exxon Shipping Co. v. Baker, Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, Alabama v. North Carolina, Hosanna-Tabor v. EEOC, Heller v. District of Columbia, Jackson v. Birmingham School District, Brown v. Legal Foundation of Washington, US Airways v. Barnett, Utah v. Evans, Hunt v. Cromartie, and Hunt v. Easley. His most notable Court of Appeals and state supreme court arguments include Martha Stewart v. United States, Whiteside v. United States, and Exxon v. Alabama, LCI v. Phillips.
General Counsel, Department of the Army
Mr. Benedict S. Cohen was appointed by President Bush to serve as the General Counsel for the Department of the Army effective on August 4, 2006. Mr. Cohen has twenty years of experience in high-level positions across the federal government, with a principal focus on national security and foreign policy. Prior to his current position, he served as the Managing Executive for Policy and Counselor to Chairman Cox at the U.S. Securities and Exchange Commission, where he focused on legal and policy issues facing the agency and enhancing the Commission’s crisis-management and homeland-security capabilities. Prior to taking this position, he served as staff director of the Committee on Homeland Security of the U.S. House of Representatives, where he managed the transition from select committee to full standing committee status and the passage of authorization legislation for the Department of Homeland Security and of legislation reforming DHS’ homeland security grant program.
Mr. Cohen has also served as Deputy General Counsel (Environment & Installations) for the Defense Department, in which capacity he spearheaded DoD’s Readiness and Range Preservation Initiative, a multifaceted legislative, regulatory, and resource-management program to ensure sustainability of the military’s test and training capabilities and foster better environmental stewardship. He also provided legal support for DoD’s installation initiatives, and served as a principal spokesman for the Department on environmental and installations issues. He has also served in senior positions in the White House Counsel’s Office, the congressional leadership staff, and the Department of Justice, as well as serving in two law firms.
Mr. Cohen graduated from Yale magna cum laude in 1980 with a B.A. in history, and from the University of Chicago Law School in 1983, having served as an Associate Editor of the Law Review. He clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit. He lives in American University Park in Washington, D.C. His wife is an attorney in private practice. He has two children, aged eight and ten.
Scholar in Residence, The Constitution Project
Louis Fisher is Scholar in Residence at the Constitution Project. Previously he worked for four decades at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service, from 1970 to 2006) and Specialist in Constitutional Law (the Law Library, from 2006 to 2010). During his service with CRS he was research director of the House Iran-Contra Committee in 1987, writing major sections of the final report. Fisher's specialties include constitutional law, war powers, budget policy, executive-legislative relations, and judicial-congressional relations.
After completing his doctoral work in political science at the New School for Social Research in 1967, he taught full-time at Queens College for three years. Later he taught part-time at Georgetown University, American University, Catholic University law school, Indiana University, Catholic University, the College of William and Mary law school, and Johns Hopkins University. Currently he is a Visiting Professor at the William and Mary law school.
His books include President and Congress (1972), Presidential Spending Power (1975), The Constitution Between Friends (1978), The Politics of Shared Power (4th ed. 1998), Constitutional Conflicts Between Congress and the President (6th ed. 2014), Constitutional Dialogues (1988),American Constitutional Law (with Katy J. Harriger, 10th ed. 2013), Presidential War Power (3rd ed. 2014), Political Dynamics of Constitutional Law (with Neal Devins, 5th ed. 2011), Congressional Abdication on War and Spending (2000), Religious Liberty in America: Political Safeguards (2002), Nazi Saboteurs on Trial: A Military Tribunal & American Law (2003; 2d ed. 2005), The Politics of Executive Privilege (2004), The Democratic Constitution (with Neal Devins, 2004), Military Tribunals and Presidential Power: American Revolution to the War on Terrorism (2005), In the Name of National Security: Unchecked Presidential Power and the Reynolds Case (2006), The Constitution and 9/11: Recurring Threats to America’s Freedoms (2008), The Supreme Court and Congress: Rival Interpretations (2009), On Appreciating Congress: The People’s Branch (2010), Defending Congress and the Constitution (2011), On the Supreme Court: Without Illusion and Idolatry(2013), and The Law of the Executive Branch: Presidential Power (2014). His textbook in constitutional law is available in two paperbacks:Constitutional Structures: Separation of Powers and Federalism and Constitutional Rights: Civil Rights and Civil Liberties. With Leonard W. Levy he edited the four-volume Encyclopedia of the American Presidency (1994).
He has twice won the Louis Brownlow Book Award (for Presidential Spending Power and Constitutional Dialogues). The encyclopedia he co-edited was awarded the Dartmouth Medal. In 1995 he received the Aaron B. Wildavsky Award “For Lifetime Scholarly Achievement in Public Budgeting” from the Association for Budgeting and Financial Management. In 2006 he received the Neustadt Book Award for Military Tribunals and Presidential Power. In 2011 he received the Walter Beach Pi Sigma Alpha Award from the National Capital Area Political Science Association for strengthening the relationship between political science and public service. In 2012 he received the Hubert H. Humphrey Award from the American Political Science Association in recognition of notable public service by a political scientist. The July 2013 issue of PS: Political Science & Politics includes a symposium on "Law and (Disciplinary) Order: A Dialogue about Louis Fisher, Constitutionalism, and Political Science.
Dr. Fisher has been invited to testify before Congress more than 50 times on such issues as war powers, state secrets privilege, NSA surveillance, executive spending discretion, presidential reorganization authority, Congress and the Constitution, the legislative veto, the item veto, the Gramm-Rudman deficit control act, executive privilege, committee subpoenas, executive lobbying, CIA whistleblowing, covert spending, the pocket veto, recess appointments, the budget process, the balanced budget amendment, biennial budgeting, and presidential impoundment powers.
He has been active with CEELI (Central and East European Law Initiative) of the American Bar Association, traveling to Bulgaria, Albania, and Hungary to assist constitution-writers; participating in CEELI conferences in Washington, D.C. with delegations from Bosnia-Herzegovina, Lithuania, Romania, and Russia; serving on CEELI "working groups" on Armenia and Belarus; and assisted in drafting constitutional amendments for the Kyrgyz Republic. As part of CRS delegations he traveled to Russia and Ukraine to assist on constitutional questions. For the International Bar Association he helped analyze the draft constitutions for Swaziland and Zimbabwe.
He is the author of more than 500 articles in law reviews, political science journals, encyclopedias, books, magazines, and newspapers. He has been invited to speak in Albania, Australia, Belgium, Bulgaria, Canada, China, the Czech Republic, Denmark, England, France, Germany, Greece, Israel, Japan, Macedonia, Malaysia, Mexico, the Netherlands, Oman, the Philippines, Poland, Romania, Russia, Slovenia, South Korea, Sweden, Taiwan, Ukraine, and the United Arab Emirates. The topics include a range of constitutional, political, and institutional issues.
George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs, Emeritus, Hoover Institution
Abraham D. Sofaer was appointed the first George P. Shultz Distinguished Scholar and Senior Fellow at the Hoover Institution in 1994. Named in honor of former US secretary of state George P. Shultz, the appointment is awarded to a senior scholar whose broad vision, knowledge, and skill will be brought to bear on the problems presented by a radically transformed global environment.
Sofaer's work focuses on the power over war within the US government and on issues related to international law, terrorism, diplomacy, and national security. His most recent books are Taking on Iran: Strength, Diplomacy, and the Iranian Threat(Hoover Institution Press, 2013) and The Best Defense?: Legitimacy and Preventive Force (Hoover Institution Press, 2010).
From 1985 to 1990, he served as a legal adviser to the US Department of State, where he resolved several interstate matters, including the dispute between Egypt and Israel over Taba, the claim against Iraq for its attack on the USS Stark, and the claims against Chile for the assassination of Orlando Letelier. He received the Distinguished Service Award in 1989, the highest state department award given to a non–civil servant.
From 1979 to 1985, Sofaer served as a US district judge in the Southern District of New York. From 1969 to 1979, he was a professor of law at Columbia University School of Law and wrote War, Foreign Affairs, and Constitutional Power: The Origins.From 1967 to 1969, he was an assistant US attorney in the Southern District of New York, after clerking for Judge J. Skelly Wright on the US Court of Appeals in Washington, DC, and the Honorable William J. Brennan Jr. on the US Supreme Court. He practiced law at Hughes, Hubbard and Reed from 1990 to 1994.
A veteran of the US Air Force, Sofaer received an LLB degree from New York University School of Law in 1965, where he was editor in chief of the law review. He holds a BA in history from Yeshiva College (1962). Sofaer is a founding trustee of the National Museum of Jazz in Harlem and a member of the board of the Koret Foundation.
His research papers are available at the Hoover Institution Archives.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Retired Partner, Sullivan & Cromwell LLP
Upon his resignation as the Legal Adviser of the U.S. Department of State in January 1993, Mr. Williamson rejoined Sullivan & Cromwell's Washington, D.C. office. He originally joined the Firm in 1964 after graduating from New York University School of Law, where he was an editor of the Law Review. He became a partner of the Firm in 1971, moved to its London office in 1976, returned to its New York office in 1979, moved to its Washington, D.C. office in 1988 and became Of Counsel in 2007. In 2018, he retired from the firm.
At Sullivan & Cromwell, Mr. Williamson engaged in a broad and wide-ranging domestic and international financing and transactions practice, as well as advice with respect to corporate governance issues, the United States’ economic sanctions laws, the ethics rules applicable to government officials and the immunities of foreign sovereigns and international organizations.
Mr. Williamson has been an active participant on panels and other forums involving public international law and national security issues, such as the domestic and international bases for the use of force, the role of the United States with respect to the International Criminal Court, the law of the sea and the application of international legal principles in the war against terrorism.
Mr. Williamson is a member of the Council on Foreign Relations and a former member of the Executive Council of the American Society of International Law, the Executive Committees of the Business and Advisory Committee (BIAC) to the OECD and the U.S. Council for International Business, the United States Advisory Board of NTT DoCoMo, Inc. and the Board of Directors of Triton Oil & Gas Limited.
Mr. Williamson has served on the Boards of Regents and Trustees of the University of the South and as chair of the Board of Regents. He is currently a member of the Board of Directors of the American Council of Trustees and Alumni, a higher education watchdog.
Principal, Ely & Company, Inc.
Bert Ely has specialized in deposit insurance and banking structure issues since 1981. In 1986, he became an early predictor of the S&L crisis and a taxpayer bailout of the FSLIC. In 1991, he was the first person to correctly predict the non-crisis in commercial banking; in 1992, he predicted an eventual taxpayer bailout of the Japanese banking system.
Bert continuously monitors conditions in the banking and S&L industries, monetary policy, and the growing federalization of credit risk. He has helped to draft legislation to enact the cross-guarantee concept for privatizing banking regulation and its related deposit insurance and systemic risks. He has testified on numerous occasions before congressional committees on banking issues and he often speaks on these matters to bankers and others.
Bert first established his consulting practice in 1972. Before that, he was the chief financial officer of a public company, a consultant with Touche, Ross & Company, and an auditor with Ernst & Ernst. He received his MBA from the Harvard Business School in 1968 and his Bachelor's degree in economics in 1964 from Case Western Reserve University.
Managing Director, Promontory Financial Group, LLC
Bill brings an exceptional blend of experience and insights to his work with clients, having been a banker, California’s Commissioner of Financial Institutions, and a member of the Financial Stability Oversight Council. He works with financial institutions on corporate governance and organizational design, compliance program design and implementation, anti-money laundering programs, senior management reviews, and strategic planning.
Bill’s financial services experience spans the corporate sector, the executive branches of both state and federal government, academia, and think tanks. He earned a reputation as an open, fair, and pragmatic regulator during four years as Commissioner of Financial Institutions in California, leading the agency through a period of economic upheaval both in the state and nationwide. His vast knowledge and understanding of the financial system led to his selection as the state banking supervisors’ representative on the Financial Stability Oversight Council, a federal agency created by the Dodd-Frank Act to foster coordination among financial regulators in order to identify systemic risks to the nation’s financial stability.
Before his appointment to state office, Bill was an independent consultant with Promontory while also serving as a visiting professor of economics and finance for the Graduate School of Management at the University of California-Davis. He worked on a wide array of client engagements at Promontory, in areas that included governance, due diligence, compliance, and strategy.
During nine years with Bank of America, Bill was managing director of Banc of America Securities and senior vice president of strategic policy development and planning for the bank. Earlier, he worked for five years as director of policy analysis for Citicorp.
Bill was J. Edward Lundy Scholar and director of the financial markets project at the American Enterprise Institute for Public Policy Research. He served under President Reagan as senior staff economist and special assistant to the chairman of the Council of Economic Advisors.
Director, Independent Women's Law Center, Independent Women's
Jennifer C. Braceras, a member of the Federalist Society Board of Visitors, is the director of Independent Women’s Law Center and a former member of the U.S. Commission on Civil Rights.
Ms. Braceras is a graduate of the Harvard Law School, where she served as an editor of the Law Review. After law school, she clerked for two federal judges and practiced labor and employment law with the Boston law firm Ropes & Gray.
A long time political columnist and editor, Ms. Braceras's writing has appeared in a variety of publications, including the Wall Street Journal, the Boston Globe, the Hill, and National Review Online. She co-hosts At the Bar, a bimonthly virtual happy hour discussion about issues at the intersection of law, politics, and culture.
Of Counsel, Foley Hoag LLP
Former Massachusetts Attorney General Martha Coakley is of counsel in Foley Hoag's Litigation Department. She focuses her practice on government and internal investigations, litigation, and data privacy and security. Martha has substantial experience in civil and criminal litigation in all state and federal courts including the U.S. Supreme Court. She has performed extensive grand jury work and defended federal grand juries and has considerable experience conducting complex investigations.
As the first female Attorney General of Massachusetts, Martha has been a national leader in addressing the economic crisis by holding banks accountable and keeping residents in their homes; protected civil rights as the first Attorney General to successfully challenge the Defense of Marriage Act; investigated fraud and corruption; championed major initiatives to address health care and energy costs; and recovered hundreds of millions of dollars back for the taxpayers of the Commonwealth of Massachusetts. She served as Attorney General from 2007-2015.
Partner, McDermott Will & Emery
Robert (Bob) J. Cordy’s practice includes business litigation, white collar criminal defense, internal investigations, appellate work and major public/private projects.
Bob previously served for 16 years as an associate justice of the Massachusetts Supreme Judicial Court. He has worked with judges from Mexico, Russia, China, Kosovo, Turkey, Uzbekistan, Ukraine, Afghanistan and other countries on issues relating to judicial ethics, rule of law principles and the American judicial system. Bob also served as chair of the Supreme Judicial Court Rules Committee, co-chair of the Supreme Judicial Court Judiciary-Media Committee and member of the Committee for Capital Planning for the Judicial System.
Bob began his career working for the Massachusetts Public Defenders Office, and subsequently held positions with the Massachusetts Department of Revenue, the Massachusetts State Ethics Commission and the United States Attorney’s Office where he became the chief of the Public Corruption prosecution unit. Bob also served as chief legal counsel to Massachusetts Governor William F. Weld, working on a wide range of policy issues including regulatory and criminal justice reform, ethics in government and the appointment of judges. Before his appointment to the Supreme Judicial Court in 2001, Bob was a partner and head of McDermott’s Boston office.
Bob is also a member of our legal cannabis industry group. Our Cannabis Industry group is a multidisciplinary team of lawyers providing clients with regulatory, litigation, intellectual property, trade and tax services with respect to their investments and participation in the cannabis industry, all subject to the Firm’s obligations under federal and state laws and bar licensure rules.
Former Associate Justice, Massachusetts Supreme Judicial Court
Judith Cathy Arnold Cowin is a retired justice of the Massachusetts Supreme Judicial Court. She was born in Boston. Cowin received her undergraduate degree from Wellesley College and her J.D. degree from Harvard Law School.
Chief Legal Correspondent, CBS News
Jan Crawford is CBS News' chief legal correspondent and contributes regularly to the "CBS Evening News," "CBS This Morning," and "Face the Nation," as well as CBS News Radio and CBSNews.com.
Crawford joined CBS News in October 2009. She had been a regular contributor to CBS News in 2005 to 2006.
Crawford is a recognized authority on the Supreme Court whose 2007 book, "Supreme Conflict: The Inside Story of the Struggle for the Control of the United States Supreme Court" (Penguin Press), gained critical acclaim and became an instant New York Times Bestseller. She began covering the Court in 1994 for the Chicago Tribune and went on to become a law and political correspondent for all ABC News programs, a Supreme Court analyst for The NewsHour With Jim Lehrer on PBS and a legal analyst for CBS News' "CBS Evening News" and "Face the Nation." She has reported on most of the major judicial appointments and confirmation hearings of the past 15 years and amassed crucial sources in the White House, the Justice Department and Congress along the way.
Chief Justice John Roberts granted his first network television interview to Crawford, just one of the rare interviews she was able to obtain with a total of five of the Court's current members, as well as retired Justice Sandra Day O'Connor. Crawford also sat down with then-86-year-old Justice John Paul Stevens in his first television interview, as well as Justices Clarence Thomas, Antonin Scalia and Stephen Breyer.
Crawford's in-depth reports on the Bush Administration's legal war on terror and her exclusive reports on controversial interrogation techniques used for terror suspects have received wide acclaim and been credited with being a catalyst for congressional hearings. Washingtonian Magazine named her one of Washington's top journalists.
Crawford began her journalistic career at the Tribune in 1987, joining the legal affairs beat in 1993, after her graduation from the University of Chicago Law School. The newspaper awarded Crawford its highest award in 2001, for her role on a team of reporters covering the presidential election of 2000, and the legal battles over the White House. She won the same prize for her 13-part series on the post-civil rights South, a project that brought her back to her native Alabama.
Crawford graduated from the University of Alabama in 1987. She has taught journalism at American University and frequently speaks about the Court to universities, law schools, legal organizations and civic groups across the country. She is a member of the New York Bar. She and her family live in Washington D.C.
Senior Lecturer on Law, Harvard Law School
Nancy Gertner is a former U.S. federal judge who built her career around standing up for women’s rights, civil liberties and justice for all. Gertner was appointed to the federal bench of the U.S. District Court of Massachusetts by President Bill Clinton in 1994. She retired from the bench in 2011 to teach at Harvard Law School.
Named one of “The Most Influential Lawyers of the Past 25 Years” by Massachusetts Lawyers Weekly, Gertner has written and spoken throughout the U.S., Europe and Asia. She has published widely on sentencing, discrimination, and forensic evidence; women’s rights; and the jury system. Her autobiography, “In Defense of Women: Memoirs of an Unrepentant Advocate,” was published in 2011.
She is a graduate of Barnard College, Columbia University, and holds a M.A in Political Science and J.D. from Yale University. She has received numerous awards, including the Margaret Brent Award from the ABA commission on the status of Women, Massachusetts Bar Association’s Hennessey Award for judicial excellence in 2011; the Morton A. Brody Distinguished Judicial Service Award from Colby College in 2010; the National Association of Women Lawyers’ highest honor, the Arabella Babb Mansfield Award, in 2011,The Women's Bar Association's highest award, The Lelia Robinson Award, in 2012, and, in 2008, the Thurgood Marshall Award from the American Bar Association, Section of Individual Rights and Responsibilities, which recognized her contributions to advancing human rights and civil liberties. The Marshall award has been given to one other woman, Justice Ruth Ginsburg.
In November 2014, she gave the Pope and John lecture at Northwestern University. In October 2014, she was a resident scholar at the Rockefeller Foundation in Bellagio, Italy; In September she gave the keynote address at the 18th Anniversary Celebration of the Jewish Women’s archive (September 14, 2014).
Gertner is presently working on her second book, Incomplete Sentences, concerning the men who she sentenced over her 17 year career as a federal judge. In addition to writing about them, highlighting the unfairness and disproportionality of their sentences, she is assisting in clemency petitions where appropriate.
Drawing on her wide ranging experience in practice and as a judge, Gertner also consults and litigates in civil right cases (she is of counsel to Neufeld, Scheck & Brustin, a civil rights firm in New York City), white collar criminal case (she is of counsel to Fick and Marx, a white collar criminal defense firm in Boston), as well as in employment discrimination and false claims cases.
Drawing on her judicial experience, Gertner engages in mediation and arbitration with Resolutions, LLC. (with Eric Green) and the Southeast Regional Mediation, Arbitration and Compliance Association (with Bill Nettles and Paul Zwier).
U.S. District Court Judge, District of Massachusetts
Nathaniel M. Gorton is a federal judge for the United States District Court for the District of Massachusetts. He joined the court in 1992 after being nominated by President George H.W. Bush. At the time of appointment, he was a private practice in Massachusetts.
Partner, McCarter & English, LLP
Daniel Kelly brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience. Dan’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services, including emerging and established biomedical, intelligence, pharma, security, and textile R&D, manufacturing and production houses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies; Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers; and raw materials and component suppliers to large military prime contractors.
Dan is the author of the August 2018 edition Thomson Reuters’ Briefing Papers, which provides a comprehensive review of patent rights under “Other Transaction Agreements” (OTAs) with DoD and NASA. Heavily promoted by Congress, and only partially understood by industry, OTAs are quickly becoming DoD’s and NASA’s contractual vehicle of choice to lure commercial companies to sell the Government their latest and greatest technologies. However, OTAs are not governed by standard government contracts laws and regulations, meaning there are significant changes to the common provisions of ownership and license rights incident to government contracts and grants. The Briefing Paper should be required reading before entities enter into an OTA as a vehicle for developing new technologies for NASA and DoD to ensure their company’s intellectual property efforts are properly protected
In the matters, AdvanceMed Corporation, B-415360,B-415360.2,B-415360.3 (Dec 19, 2017), and AdvanceMed Corporation, B-414373.3 (Jan 10, 2018) Dan and the Government Contracts team at McCarter successfully defended its client Health Integrity, LLC (now Qlarant) against protests launched at the Government Accountability Office challenging awards by the Centers for Medicare and Medicaid Services (CMS) for Medicare and Medicaid audit and program integrity services.
Dan serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.
Dan serves as an adjunct member of the faculty at Suffolk University Law School where he has taught Government Contracts.
Dan receives Mentor of the Year Award in recognition of his contributions and support to NCMA Boston Chapter’s 2017-2018 Program Year.
Founding Artistic Director, Commonwealth Shakespeare Company
Steven Maler is the Founding Artistic Director of Commonwealth Shakespeare Company (CSC). At CSC he has been directing Free Shakespeare on the Boston Common productions since 1996, including Love’s Labour’s Lost, King Lear, Twelfth Night, The Two Gentlemen of Verona, Coriolanus, All’s Well That Ends Well, Othello, The Comedy of Errors, As You Like It, A Midsummer Night’s Dream, The Taming of the Shrew, Hamlet, Much Ado About Nothing, Macbeth, Henry V, The Tempest, Julius Caesar, and Romeo & Juliet. In collaboration with Boston Landmarks Orchestra, he directed A Midsummer Night’s Dream, featuring the Overture and Incidental Music of Felix Mendelssohn, as well as concert stagings of The Boys from Syracuse and Kiss Me, Kate at Boston’s iconic Hatch Shell.
In a joint venture between CSC and Google, he most recently directed a Virtual Reality adaption of Hamlet entitled Hamlet 360: Thy Father’s Spirit, which is currently available for viewing on Boston public media producer WGBH’s YouTube channel.
Other CSC works include the critically acclaimed production of Ariel Dorfman’s Death and the Maiden, the world premiere of Jake Broder’s Our American Hamlet, and the world premiere of Robert Brustein’s The Last Will. He directed Peter Eötvös’s operatic treatment of Tony Kushner’s Angels in America (U.S. Premiere) and Thomas Adès’ Powder Her Face, The Turn of the Screw at New Repertory Theatre, Santaland Diaries and Chay Yew’s Porcelain at SpeakEasy Stage Company, Top Girls and Weldon Rising at Coyote Theatre, and The L.A. Plays by Han Ong at A.R.T. His New York City credits include the New York Musical Theatre Festival production of Without You, written by and starring Anthony Rapp. The production has been seen in Boston, Edinburgh, Toronto, London and Seoul.
He received the Elliot Norton Award for Sustained Excellence as well as for Best Production, Twelfth Night;Outstanding Director, A Midsummer Night’s Dream; Best Production, Suburbia; Best Solo Performance, John Kuntz’s Starf***ers (which also won Best Solo Performance Award at New York International Fringe Festival).
His feature film “The Autumn Heart”, starring Tyne Daly and Ally Sheedy, was in the Dramatic Competition at the Sundance Film Festival.
United States District Judge for the District of Massachusetts
Patti B. Saris is the Chief United States District Judge of the United States District Court for the District of Massachusetts. She is also the former Chair of the United States Sentencing Commission.
U.S. District Court Judge, District of Massachusetts
F. Dennis Saylor IV is a federal judge for the United States District Court for the District of Massachusetts. He joined the court in 2004 after being nominated by President George W. Bush. At the time of appointment, Saylor served as Special Counsel & Chief of Staff to the Assistant Attorney General in the Criminal Division of the U.S. Department of Justice in Washington, DC. Saylor also serves on the United States Foreign Intelligence Surveillance Court. His term runs from May 19, 2011 until May 18, 2018.
U.S. District Court Judge, District of Massachusetts
Douglas Preston Woodlock is a federal judge for the U.S. District Court for the District of Massachusetts. He joined the court in 1986 after being nominated by President Ronald Reagan. At the time of appointment, Woodlock served as Chairman of the Massachusetts Committee for Public Counsel Services.
U.S. District Court Judge, District of Massachusetts
Rya Weickert Zobel is a federal judge of the United States District Court for the District of Massachusetts. She joined the court in 1979 after being nominated by President Jimmy Carter. At the time of her appointment, Zobel was a private practice attorney inMassachusetts.
Measure for Measure: Annual Shakespeare Performance
Jennifer C. Braceras, Wayne A. Budd, Martha Coakley, Robert J. Cordy, Judith A. Cowin, Jan Crawford, Nancy Gertner, Nathaniel M. Gorton, Daniel J. Kelly, Daniel J. Kornstein, William F. Lee, Steven Maler, John Montgomery, Patti B. Saris, Dennis Saylor IV, Mark L. Wolf, Douglas P. Woodlock, Rya W. Zobel
On Tuesday, June 12, 2007, the Boston Lawyers Chapter of the Federalist Society presented a...
Measure for Measure: Annual Shakespeare Performance
Shakespeare and the Art of Judging
Boston, MAMargaret A. Little Reviews Our Culture, What’s Left of It: The Mandarins and the Masses by Theodore Dalrymple
Margaret A. Little
Theodore Dalrymple, the pen name of a British doctor and writer, has justly been recognized...
Separation of Powers and Foreign Policy
Walter E. Dellinger, Benedict S. Cohen, Louis Fisher, Abraham D. Sofaer, John C. Yoo, Edwin D. Williamson
Following are excerpts from a panel discussion entitled "Separation of Powers and Foreign Policy" which...
International Monetary Policy: The Asian Crisis and Beyond
Ian Vasquez, William Lash, Bert Ely, William Haraf
A Panel Presented on November 12, 1998 at the Federalist Society's 1998 Lawyers Convention by...