Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
Professor of Law, University of North Carolina School of Law
Andy Hessick joined the Carolina Law faculty in 2016 and serves Judge John J. Parker Distinguished Professor of Law and Associate Dean for Strategy. His teaching and research interests include federal courts, administrative law, remedies, and criminal sentencing. His work has appeared in, among other places, the California Law Review, the Cornell Law Review, the Northwestern University Law Review, the Notre Dame Law Review, and the William and Mary Law Review. His work has been cited by the Supreme Courts of Connecticut, Iowa, Missouri, Tennessee, and Utah; various federal district and circuit courts; and the U.S. Supreme Court.
Hessick received his J.D. from Yale Law School, at which he was an editor of the Yale Law Journal. After law school, he clerked for Judge Reena Raggi on the United States Court of Appeals for the Second Circuit and Judge A. Raymond Randolph on the United States Court of Appeals for the D.C. Circuit. He then served as a Bristow Fellow in the U.S. Solicitor General’s office and practiced litigation at Kellogg Huber Hansen Todd Evans & Figel PLLC in Washington, D.C. He previously taught at the University of Utah and Arizona State University and was a visiting assistant professor at Boston University.
Professor of Law; Co-director, National Security and U.S. Foreig, The George Washington University Law School
Gregory E. Maggs joined the George Washington University Law School faculty in 1993. He is a a Co-director of the law school’s National Security and U.S. Foreign Relations LLM program. He was the Interim Dean of the law school from 2010-2011 and from 2013-2014 and the Senior Associate Dean for Academic Affairs from 2008-2010. He teaches mainly in the areas of commercial law, constitutional law, contracts, and counter-terrorism law, and he has written extensively on these subjects. By vote of the graduating class, he received the law school’s Distinguished Faculty Service Award in 1997, 1998, 2004, 2005, 2011, 2012, 2013, and 2014. In 2012, the university gave him the George Washington Award for outstanding service.
Professor Maggs is a graduate of Harvard College and Harvard Law School. He was a law clerk for Justices Clarence Thomas (1991-1992) and Anthony M. Kennedy (1989-1990) of the U.S. Supreme Court and for the late Judge Joseph T. Sneed of the U.S. Court of Appeals for the Ninth Circuit (1988-1989). He also taught for two years as an assistant professor at the University of Texas School of Law. His other past experience includes service as a special master for the U.S. Supreme Court, a consultant to Independent Counsel Kenneth Starr in the Whitewater Investigation, and an assistant to Robert H. Bork in private practice and research. He is a member of the Advisory Board for the Heritage Foundation's Center for Legal and Judicial Studies and a member of the American Law Institute.
Professor Maggs is a colonel in the U.S. Army Reserve, Judge Advocate General’s Corps. He was commissioned in 1990, and has been assigned as a trial or appellate military judge since 2007. He is a graduate of U.S. Army War College, the Military Judge Course, the Command and General Staff Officer Course, the Judge Advocate Officer Advanced and Basic Courses, the Air Assault School, and the Infantry Weapons Specialist Course. He was called to active duty in 2007-2008. In 2002, he received the Judge Advocates Association's Outstanding Career Armed Services Attorney Award.
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
Professor of Law, University of North Carolina School of Law
Andy Hessick joined the Carolina Law faculty in 2016 and serves Judge John J. Parker Distinguished Professor of Law and Associate Dean for Strategy. His teaching and research interests include federal courts, administrative law, remedies, and criminal sentencing. His work has appeared in, among other places, the California Law Review, the Cornell Law Review, the Northwestern University Law Review, the Notre Dame Law Review, and the William and Mary Law Review. His work has been cited by the Supreme Courts of Connecticut, Iowa, Missouri, Tennessee, and Utah; various federal district and circuit courts; and the U.S. Supreme Court.
Hessick received his J.D. from Yale Law School, at which he was an editor of the Yale Law Journal. After law school, he clerked for Judge Reena Raggi on the United States Court of Appeals for the Second Circuit and Judge A. Raymond Randolph on the United States Court of Appeals for the D.C. Circuit. He then served as a Bristow Fellow in the U.S. Solicitor General’s office and practiced litigation at Kellogg Huber Hansen Todd Evans & Figel PLLC in Washington, D.C. He previously taught at the University of Utah and Arizona State University and was a visiting assistant professor at Boston University.
Professor of Law; Co-director, National Security and U.S. Foreig, The George Washington University Law School
Gregory E. Maggs joined the George Washington University Law School faculty in 1993. He is a a Co-director of the law school’s National Security and U.S. Foreign Relations LLM program. He was the Interim Dean of the law school from 2010-2011 and from 2013-2014 and the Senior Associate Dean for Academic Affairs from 2008-2010. He teaches mainly in the areas of commercial law, constitutional law, contracts, and counter-terrorism law, and he has written extensively on these subjects. By vote of the graduating class, he received the law school’s Distinguished Faculty Service Award in 1997, 1998, 2004, 2005, 2011, 2012, 2013, and 2014. In 2012, the university gave him the George Washington Award for outstanding service.
Professor Maggs is a graduate of Harvard College and Harvard Law School. He was a law clerk for Justices Clarence Thomas (1991-1992) and Anthony M. Kennedy (1989-1990) of the U.S. Supreme Court and for the late Judge Joseph T. Sneed of the U.S. Court of Appeals for the Ninth Circuit (1988-1989). He also taught for two years as an assistant professor at the University of Texas School of Law. His other past experience includes service as a special master for the U.S. Supreme Court, a consultant to Independent Counsel Kenneth Starr in the Whitewater Investigation, and an assistant to Robert H. Bork in private practice and research. He is a member of the Advisory Board for the Heritage Foundation's Center for Legal and Judicial Studies and a member of the American Law Institute.
Professor Maggs is a colonel in the U.S. Army Reserve, Judge Advocate General’s Corps. He was commissioned in 1990, and has been assigned as a trial or appellate military judge since 2007. He is a graduate of U.S. Army War College, the Military Judge Course, the Command and General Staff Officer Course, the Judge Advocate Officer Advanced and Basic Courses, the Air Assault School, and the Infantry Weapons Specialist Course. He was called to active duty in 2007-2008. In 2002, he received the Judge Advocates Association's Outstanding Career Armed Services Attorney Award.
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
Assistant Professor of Law, The Ohio State University - Moritz College of Law
Bridget Dooling is a nationally recognized expert on administrative law and regulatory policy. Her scholarship on regulatory matters has been or will be published in leading legal journals including the Duke Law Journal, the Administrative Law Review, the Minnesota Law Review Headnotes, the American University Law Review and The Annals of Health Law.
Professor Dooling teaches courses on legislation and regulation, administrative law and other regulatory topics. She is a Senior Fellow at the Administrative Conference of the United States (ACUS) and recently served on the Council of the American Bar Association’s Section of Administrative Law and Regulatory Practice.
Prior to joining the faculty at Ohio State, Dooling was a research professor with the George Washington University Regulatory Studies Center and a professor of law (by courtesy) at GW Law. Before that, Professor Dooling spent over 10 years in the federal government as a deputy chief, senior policy analyst and attorney for the Office of Information and Regulatory Affairs at the U.S. Office of Management and Budget.
Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
Senior Fellow, American Enterprise Institute
Philip Wallach is a senior fellow at the American Enterprise Institute (AEI), where he studies America’s separation of powers, with a focus on regulatory policy issues and the relationship between Congress and the administrative state.
In his latest book Why Congress (Oxford University Press, 2023), Dr. Wallach defends the centrality of Congress in America’s constitutional system, traces the roots of current dysfunction, and suggests how the institution might be restored.
Before joining AEI, Dr. Wallach was a senior fellow in governance studies at the Brookings Institution, where he authored To the Edge: Legality, Legitimacy, and the Responses to the 2008 Financial Crisis (Brookings Institution Press, 2015). He was later affiliated with the R Street Institute and served as a fellow with the House Select Committee on the Modernization of Congress in 2019.
Dr. Wallach’s scholarly and popular work has been published widely, including in the publications of the Brookings Center on Regulation and Markets, Studies in American Political Development, Fortune, National Affairs, National Review, Law & Liberty, Los Angeles Times, RealClearPolicy, the Bulwark, the Hill, the Wall Street Journal, and the Washington Post. A frequent conference participant, he has lectured at William & Mary, the University of Oregon, Northwestern University’s Medill School of Journalism, and the University of Michigan, among others.
Dr. Wallach received a master’s and doctorate in politics from Princeton University and a bachelor’s degree from Wesleyan University’s College of Social Studies.
Associate, Wiley Rein LLP
Joel S. Nolette is an associate at Wiley Rein LLP, where he advocates on behalf of corporate and individual clients in a broad spectrum of complex litigation matters. In 2017, Joel graduated cum laude from the Georgetown University Law Center, where he served as the Editor in Chief of Volume 15 of the Georgetown Journal of Law and Public Policy. From 2019 to 2021, Joel clerked for the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit; and from 2021 to 2022, he clerked for the Honorable Timothy J. Kelly of the U.S. District Court for the District of Columbia. Before attending law school, Joel graduated summa cum laude from Gordon College in Wenham, MA, with his Bachelor of Arts in Biblical Studies and worked as a letter carrier with the U.S. Postal Service.
Panel II: Who Determines an Agency's Power?
John F. Duffy, F. Andrew Hessick, Gregory E. Maggs, John O. McGinnis, Christopher J. Walker
16th Annual Faculty Conference
The Federalist Society's Faculty Division hosted this panel discussion which asked "Who Determines an Agency's Power?"...
Panel II: Who Determines an Agency's Power?
John F. Duffy, F. Andrew Hessick, Gregory E. Maggs, John O. McGinnis, Christopher J. Walker
16th Annual Faculty Conference
The Federalist Society's Faculty Division hosted this panel discussion which asked "Who Determines an Agency's Power?"...
Necessary & Proper Episode 86: Why Congress
Bridget Dooling, Christopher J. Walker, Philip A. Wallach, Joel S. Nolette
In his recent book Why Congress, Dr. Phillip Wallach covers the past, present, and future of...