Clark Neily

Senior Attorney, Institute for Justice

Clark Neily joined the Institute for Justice as a senior attorney in? 2000.  He litigates economic liberty, property rights, school choice, First Amendment, and other constitutional cases in both federal and state ?courts.

He served as counsel in a successful challenge to Nevada’s monopolistic ?limousine licensing practices, which effectively prevented small?-business-persons from operating their own limousine services in the Las? Vegas area.  He was the lead attorney in the Institute’s successful? defense of the Mackinac Center for Public Policy against a lawsuit by? the Michigan Education Association challenging the Center’s right to? quote the MEA’s president in fundraising literature, and he? led IJ’s opposition to a nationwide effort to cartelize the interior ?design industry through anti-competitive occupational? licensing requirements. Clark is also a member of the Institute’s school? choice team. Besides representing parents and children in defense of ?Florida’s Opportunity Scholarship Program and school choice programs in ?Arizona, Maine, Milwaukee, and elsewhere, he has participated in many debates in support of school? choice.

Clark helped create the Institute’s Center for Judicial Engagement, ?which was designed to challenge the unconstitutional expansion of ?government by articulating a principled vision of judicial review, educating the public about the importance of a properly engaged ?judiciary, and advocating the Constitution as a charter of liberty and a ?bulwark against the illegitimate assumption of government power.  Clark has written a book about judicial engagement, titled Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government.

In his private capacity, Clark served as co-counsel for the plaintiffs ?in District of Columbia v. Heller, the historic case in which the? Supreme Court announced for the first time that the Second Amendment? protects an individual right to own a gun for self-defense.

Before joining the Institute for Justice, Clark spent four years as a? litigator at the Dallas-based firm Thompson & Knight, where he worked on a wide variety of matters? including professional malpractice, First Amendment and media law, complex commercial cases, and intellectual property litigation. Clark received his undergraduate and law degrees from the University of ?Texas, where he was Chief Articles Editor of the Texas Law Review. After ?law school, he clerked for Judge Royce Lamberth on the U.S. District? Court for the District of Columbia.

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Publications and Multimedia
Should Federal Law Enjoy a Presumption of Constitutionality? - Audio/Video
Third Annual Executive Branch Review Conference
June 24, 2015
The Conscience of the Constitution - Podcast
Federalism & Separation of Powers Practice Group Podcast
February 07, 2014
Government Transparency and FOIA - Podcast
Administrative Law & Regulation Practice Group Podcast
November 06, 2013
Terms of Engagement - Podcast
Administrative Law & Regulation Practice Group Podcast
October 14, 2013
Speaking Freely in Business - Podcast
Free Speech & Election Law Practice Group Podcast
January 27, 2012
Law School Accreditation - Event Audio/Video
2011 National Lawyers Convention
November 10, 2011
McDonald v. City of Chicago – Post-Argument Debate SCOTUScast
SCOTUScast 03-03-10 featuring J. Gordon Hylton, Clark Neily, & Steven G. Calabresi
March 03, 2010
McDonald v. City of Chicago – Cert Granted SCOTUScast Debate
SCOTUScast 11-09-2009 featuring Kurt Lash, Nelson Lund, and Clark Neily
November 09, 2009
The Heller Case - Event Audio/Video
2008 National Lawyers Convention
November 20, 2008
Parker v. District of Columbia: DC Gun Ban Case
Online Debate
August 31, 2007