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.
Attorney Specializing in Government Relations
Alec D. Rogers is an attorney specializing in government practice and policy in Washington, DC.
A graduate of James Madison College at Michigan State University and the University of Michigan Law School, he practiced law for several years before spending over a decade on Capitol Hill as a staffer to various Members and Committees.
He has reviewed books for the Washington Times, Hardball Times, The Journal of the American Revolution, and The Weekly Standard, and writes on legal matters in Engage, an online publication of the Federalist Society.
Timothy Flanigan Chief Legal and Compliance Officer, Corporate S, Cancer Treatment Centers of America
Timothy E. Flanigan is the Chief Legal for Cancer Treatment Centers of America (CTCA). With a rich background as a leader and senior legal advisor, he has more than 35 years of experience in public companies, the private practice of law, and in senior levels of government service.
Prior to joining CTCA, Mr. Flanigan served as Senior Vice President and Principal Deputy General Counsel at BlackBerry, Limited where he was responsible for the legal, business affairs and corporate security functions, as well as the company’s global government relations efforts. Previously, he was a senior partner with the international law firm McGuireWoods, LLC, and Senior Vice President and General Counsel at Tyco International, where he helped successfully revitalize that $40 billion enterprise.
Mr. Flanigan served the United States in multiple roles throughout his career, including Senior Law Clerk to the Honorable Warren E. Burger, Chief Justice of the United States. He also served as Deputy Counsel to President George W. Bush, where he coordinated legal strategy throughout the executive branch on anti-terrorism and other issues. He was nominated by President George H.W. Bush and confirmed by the Senate as Assistant Attorney General for the Office of Legal Counsel.
Mr. Flanigan earned his law degree and his MBA from the University of Virginia, and a bachelor’s degree in history from Brigham Young University.
Breaking Down the Walls and Building Giants: Bank Powers and Consolidation in the Twenty-First Century
James M. Rockett
Financial Services & E-Commerce Newsletter - Volume 3, Issue 2, Summer 1999
Banking is, and during the past 25 years of my legal practice has been, a...
The Future of Small Banks in our Financial System
R Gilbert
Financial Services & E-Commerce Newsletter - Volume 3, Issue 2, Summer 1999
Until recently I thought the consensus view on the future of the banking industry included...
Administrative Common Law and the Original Meaning of Judicial Review Under the APA
John F. Duffy
Administrative Law Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
In 1946 Congress enacted a "comprehensive statement of the right, mechanics, and scope of judicial...
House Subcommittee Hears On Need for Fair Warning on Agency Action
Alec D. Rogers
Administrative Law Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
On June 29, 1999, the House Subcommittee on Commercial and Administrative Law held hearings on...
Comment on American Trucking Associations, et al., v. EPA
Edward W. Warren
Administrative Law Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
The D.C. Circuit's opinion in American Trucking Associations v. EPA (ATA)1 is both more and...
D.C. Circuit Vacates OSHA Directive
Daniel E. Frank
Administrative Law Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
In an important victory for several industry groups, the United States Court of Appeals for...
The Independent Counsel: What's Next?
Administrative Law Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
From the Editors: The Independent Counsel law expired on June 1 amidst much debate on what,...
Bring Back the Separation of Powers
Timothy E. Flanigan
Administrative Law Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
The sunset of the Act will not remove the problem which the Act was designed...
Dangerous Waters in the (Title IX) Safe Harbor
Kimberly Schuld
Civil Rights Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
Being a male in today's feminized society is something akin to being (in the words...
The U.S. Department of Education and Two Court Decisions Probe the Limits of "Disparate Impact" Theory
Brian W. Jones
Civil Rights Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
The impact of so-called "high-stakes tests"—in both the employment and educational contexts—is an issue of...