Managing Director, Berkeley Research Group
Dan Troy is Managing Director and an expert witness on FDA matters at Berkeley Research Group. Previously he served as Chief Counsel of the US Food and Drug Administration and General Counsel of GlaxoSmithKline PLC.
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.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Senior Judge, United States Court of Appeals, District of Columbia Circuit
Circuit Judge Douglas H. Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986. After receiving his B.S. from Cornell University in 1970, and his J.D. from the University of Chicago Law School in 1973, he clerked on the D.C. Circuit and for Justice Thurgood Marshall on the United States Supreme Court. Thereafter, Judge Ginsburg was a professor at the Harvard Law School, the Deputy Assistant and then Assistant Attorney General for the Antitrust Division of the Department of Justice, as well as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Concurrent with his service as a federal judge, Judge Ginsburg has taught at the University of Chicago Law School and the New York University School of Law. Judge Ginsburg is currently a Professor of Law at the George Mason University and a visiting professor at University College London, Faculty of Laws.
Judge Ginsburg is the Chairman of the International Advisory Board of the Global Antitrust Institute at the Law and Economics Center of the George Mason University School of Law. He also serves on the Advisory Boards of: Competition Policy International; the Harvard Journal of Law and Public Policy; the Journal of Competition Law and Economics; the Journal of Law, Economics & Policy; the Supreme Court Economic Review; the University of Chicago Law Review; the New York University Journal of Law and Liberty; and, at University College London, both the Centre for Law, Economics and Society and the Jevons Institute for Competition Law and Economics.
In 2020, Judge Ginsburg was the 11th recipient of the John Sherman Award, presented by the Antitrust Division of the Department of Justice in recognition of the awardee’s Lifetime Contributions to Antitrust Law and Policy.
In 2014, Judge Ginsburg received the Lifetime Achievement Award given annually by the Global Competition Review.
He is the author or co-author of several books and more than 100 articles on competition and regulation, including, most recently, Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes, in CPI Antitrust Chronicle, Summer 2021, Vol. 1, No. 2.
Professor of Law, DePaul University College of Law
Joshua D. Sarnoff is a professor of law at DePaul University and a faculty member in and former director of the Center for Intellectual Property Law & Information Technology (CIPLIT®). He teaches patent law, advanced patent law, administrative law, law and climate change, and other intellectual property law courses. He was previously a professor at the Washington College of Law, American University, in the Glushko-Samuelson Intellectual Property Law Clinic, and at the University of Arizona College of Law. In academic year 2014-2015, Professor Sarnoff was a Thomas A. Edison Distinguished Scholar at the United States Patent and Trademark Office. He is a registered patent attorney and a member of the bars of Washington D.C. and California, a former member of the board of governors of the Federal Circuit Bar Association, and a member of the boards of directors and advisory boards of various nonprofit organizations. He has written numerous articles and book chapters on patent law and climate change and has been involved in a wide range of intellectual property legal and policy disputes. He has submitted testimony on domestic patent law reform bills, has filed numerous amicus briefs in the United States Supreme Court and in the U.S. Court of Appeals for the Federal Circuit on important patent law issues, has been a pro bono mediator for the Federal Circuit, and has been a consultant to the United Nations Conference on Trade and Development on international intellectual property, trade and environmental issues. Professor Sarnoff was formerly in the private practice of intellectual property, environmental, and food and drug law in Washington, D.C. He received his BS from MIT and JD from Stanford.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Executive Director, Fair Use Project, The Center for Internet an, Stanford Law School
Tony Falzone is the Executive Director of the Fair Use Project and a Lecturer in Law at Stanford Law School. As an intellectual property litigator, he has defended artists, writers, publishers, filmmakers, musicians, record labels and video game makers against copyright, trademark, rights of publicity and other intellectual property claims.
Tony represents conductor Lawrence Golan in his challenge to Congress's constitutional power to remove works from the public domain, which he argued before the Supreme Court of the United States. He also represented visual artist Shepard Fairey in copyright litigation against The Associated Press over Fairey's "Obama Hope" posters, and represented RDR Books as trial counsel in its copyright and Lanham Act dispute with J.K. Rowling and Warner Brothers over the Harry Potter Lexicon. This follows notable victories on behalf of the producers and distributors of the film Expelled: No Intelligence Allowed in litigation against Yoko Ono Lennon and EMI Records, on behalf of Professor Carol Shloss in her lawsuit against the Estate of James Joyce, and on behalf of electronic musician BT in a copyright infringement case in the Second Circuit Court of Appeals. Tony has also represented a wide array of organizations as amicus curiae in federal appeals courts throughout the country, including The Andy Warhol Foundation for the Visual Arts, Creative Commons, and the American Library Association. In addition to litigating, Tony teaches at Stanford Law School.
He also advises documentary filmmakers, writers, artists and other content creators on fair use and other intellectual property issues. Tony has been recognized by the Los Angeles and San Francisco Daily Journal as one of the "Top 100 Lawyers in California" and one of the "50 Leading IP Litigators in California." Prior to his work at Stanford, Tony was a litigation partner in the San Francisco office of Bingham McCutchen. He is a 1997 graduate of Harvard Law School, and was a law clerk to the Hon. Barry T. Moskowitz, U.S. District Judge, Southern District of California.
Professor of Law, Southern Illinois University School of Law
Professor Mark F. Schultz joined the faculty in 2003. He teaches and writes primarily in the area of intellectual property.
Professor Schultz is a frequent author and speaker known for his work on the law and economics of the global intellectual property system. In one of his most influential projects, he worked with the Organization for Economic Cooperation and Development (OECD) to construct a groundbreaking global trade secret protection index (the TSPI). The TSPI is influencing policy discussions on this cutting-edge topic in capitals around the world. Other recent projects have included an empirical study that quantified for the first time the backlogs in patent offices worldwide, a report on how patented innovation is meeting global health challenges, and the construction of a new global index of copyright strength.
Professor Schultz is an influential voice in public policy debates regarding intellectual property. He has testified before the U.S. Congress on copyright law at the invitation of the House Judiciary Committee and has briefed the staff of the U.S. Senate Judiciary Committee on trade secret legislation. He speaks frequently around the world about the connection between secure and effective intellectual property rights and flourishing national economies and individual lives, with invitations from the U.S. Patent and Trademark Office, the U.S. Trade Representative, and the U.S. Copyright Office, as well as numerous academic institutions, think tanks, and industry groups. He served as an NGO delegate to the World Intellectual Property Organization (WIPO) for several years during the WIPO Development Agenda talks. He is also one of the organizers of an ongoing multilateral diplomatic dialogue on best practices in national trade secret laws, and is co-founder of the Center for Protection of Intellectual Property (CPIP) at George Mason University in Washington, D.C.
Among the awards and recognition he has received for his scholarship was the School of Law's Outstanding Scholar of the Year award in 2008. He has been a distinguished visiting scholar at the University of Botswana and a visiting professor at DePaul University College of Law.
Professor Schultz graduated with honors from the George Washington University School of Law. Following law school, he was a judicial clerk for the Hon. Daniel M. Friedman of the United States Court of Appeals for the Federal Circuit in Washington, D.C., and the Hon. Eric G. Bruggink of the United States Court of Federal Claims. Prior to joining academia, he practiced law for a decade, serving as outside general counsel to several tech startups and helping technology companies to expand their businesses and commercialize their intellectual property in dozens of countries. He holds a B.A. in International Economics from George Washington University and has done PhD level coursework in development economics at Southern Illinois University.
He is active in leadership roles in local and national organizations. He has served as chair of the Federalist Society's Intellectual Property Practice Group and the AALS Section on Internet and Computer Law. He is an officer of the American Bar Association's International IP Committee of the International Law Section and the American Intellectual Property Law Association’s Trade Secret Law Committee. He currently is chair of the Academic Advisory Board of the Copyright Alliance.
Professor Schultz teaches Copyright Law, Trade Secret Law, Trademark Law, and a senior seminar on Intellectual Property and Global Development. He established and directs both the Specialization in Intellectual Property Law and the IP Semester in Practice Externship Program. He also co-founded a Legal Globalization Class, offered every other year, that takes students to South Africa and Botswana after spending a semester learning about the legal system, culture, history, and politics of southern Africa. The popular course is a once-in-a-lifetime experience that introduces students to leading lawyers, judges, government officials, and human rights advocates, taking them from Cape Town to Johannesburg to Gaborone as well as many popular destinations including game reserves, national parks, the Cape of Good Hope, and the Cradle of Humankind.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
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.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Senior Judge, United States Court of Appeals, District of Columbia Circuit
Circuit Judge Douglas H. Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986. After receiving his B.S. from Cornell University in 1970, and his J.D. from the University of Chicago Law School in 1973, he clerked on the D.C. Circuit and for Justice Thurgood Marshall on the United States Supreme Court. Thereafter, Judge Ginsburg was a professor at the Harvard Law School, the Deputy Assistant and then Assistant Attorney General for the Antitrust Division of the Department of Justice, as well as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Concurrent with his service as a federal judge, Judge Ginsburg has taught at the University of Chicago Law School and the New York University School of Law. Judge Ginsburg is currently a Professor of Law at the George Mason University and a visiting professor at University College London, Faculty of Laws.
Judge Ginsburg is the Chairman of the International Advisory Board of the Global Antitrust Institute at the Law and Economics Center of the George Mason University School of Law. He also serves on the Advisory Boards of: Competition Policy International; the Harvard Journal of Law and Public Policy; the Journal of Competition Law and Economics; the Journal of Law, Economics & Policy; the Supreme Court Economic Review; the University of Chicago Law Review; the New York University Journal of Law and Liberty; and, at University College London, both the Centre for Law, Economics and Society and the Jevons Institute for Competition Law and Economics.
In 2020, Judge Ginsburg was the 11th recipient of the John Sherman Award, presented by the Antitrust Division of the Department of Justice in recognition of the awardee’s Lifetime Contributions to Antitrust Law and Policy.
In 2014, Judge Ginsburg received the Lifetime Achievement Award given annually by the Global Competition Review.
He is the author or co-author of several books and more than 100 articles on competition and regulation, including, most recently, Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes, in CPI Antitrust Chronicle, Summer 2021, Vol. 1, No. 2.
Professor of Law, DePaul University College of Law
Joshua D. Sarnoff is a professor of law at DePaul University and a faculty member in and former director of the Center for Intellectual Property Law & Information Technology (CIPLIT®). He teaches patent law, advanced patent law, administrative law, law and climate change, and other intellectual property law courses. He was previously a professor at the Washington College of Law, American University, in the Glushko-Samuelson Intellectual Property Law Clinic, and at the University of Arizona College of Law. In academic year 2014-2015, Professor Sarnoff was a Thomas A. Edison Distinguished Scholar at the United States Patent and Trademark Office. He is a registered patent attorney and a member of the bars of Washington D.C. and California, a former member of the board of governors of the Federal Circuit Bar Association, and a member of the boards of directors and advisory boards of various nonprofit organizations. He has written numerous articles and book chapters on patent law and climate change and has been involved in a wide range of intellectual property legal and policy disputes. He has submitted testimony on domestic patent law reform bills, has filed numerous amicus briefs in the United States Supreme Court and in the U.S. Court of Appeals for the Federal Circuit on important patent law issues, has been a pro bono mediator for the Federal Circuit, and has been a consultant to the United Nations Conference on Trade and Development on international intellectual property, trade and environmental issues. Professor Sarnoff was formerly in the private practice of intellectual property, environmental, and food and drug law in Washington, D.C. He received his BS from MIT and JD from Stanford.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
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.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Senior Judge, United States Court of Appeals, District of Columbia Circuit
Circuit Judge Douglas H. Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986. After receiving his B.S. from Cornell University in 1970, and his J.D. from the University of Chicago Law School in 1973, he clerked on the D.C. Circuit and for Justice Thurgood Marshall on the United States Supreme Court. Thereafter, Judge Ginsburg was a professor at the Harvard Law School, the Deputy Assistant and then Assistant Attorney General for the Antitrust Division of the Department of Justice, as well as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Concurrent with his service as a federal judge, Judge Ginsburg has taught at the University of Chicago Law School and the New York University School of Law. Judge Ginsburg is currently a Professor of Law at the George Mason University and a visiting professor at University College London, Faculty of Laws.
Judge Ginsburg is the Chairman of the International Advisory Board of the Global Antitrust Institute at the Law and Economics Center of the George Mason University School of Law. He also serves on the Advisory Boards of: Competition Policy International; the Harvard Journal of Law and Public Policy; the Journal of Competition Law and Economics; the Journal of Law, Economics & Policy; the Supreme Court Economic Review; the University of Chicago Law Review; the New York University Journal of Law and Liberty; and, at University College London, both the Centre for Law, Economics and Society and the Jevons Institute for Competition Law and Economics.
In 2020, Judge Ginsburg was the 11th recipient of the John Sherman Award, presented by the Antitrust Division of the Department of Justice in recognition of the awardee’s Lifetime Contributions to Antitrust Law and Policy.
In 2014, Judge Ginsburg received the Lifetime Achievement Award given annually by the Global Competition Review.
He is the author or co-author of several books and more than 100 articles on competition and regulation, including, most recently, Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes, in CPI Antitrust Chronicle, Summer 2021, Vol. 1, No. 2.
Professor of Law, DePaul University College of Law
Joshua D. Sarnoff is a professor of law at DePaul University and a faculty member in and former director of the Center for Intellectual Property Law & Information Technology (CIPLIT®). He teaches patent law, advanced patent law, administrative law, law and climate change, and other intellectual property law courses. He was previously a professor at the Washington College of Law, American University, in the Glushko-Samuelson Intellectual Property Law Clinic, and at the University of Arizona College of Law. In academic year 2014-2015, Professor Sarnoff was a Thomas A. Edison Distinguished Scholar at the United States Patent and Trademark Office. He is a registered patent attorney and a member of the bars of Washington D.C. and California, a former member of the board of governors of the Federal Circuit Bar Association, and a member of the boards of directors and advisory boards of various nonprofit organizations. He has written numerous articles and book chapters on patent law and climate change and has been involved in a wide range of intellectual property legal and policy disputes. He has submitted testimony on domestic patent law reform bills, has filed numerous amicus briefs in the United States Supreme Court and in the U.S. Court of Appeals for the Federal Circuit on important patent law issues, has been a pro bono mediator for the Federal Circuit, and has been a consultant to the United Nations Conference on Trade and Development on international intellectual property, trade and environmental issues. Professor Sarnoff was formerly in the private practice of intellectual property, environmental, and food and drug law in Washington, D.C. He received his BS from MIT and JD from Stanford.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Conservative & Libertarian Legal Scholarship: Intellectual Property
[Return to Table of Contents] XV. Intellectual Property (See also Section II on Property) Foundational Materials William...
Conservative & Libertarian Legal Scholarship: Property
[Return to Table of Contents] II. Property (See also Section XV on Intellectual Property) Foundational...
Intellectual Property and the Free Market: Is Pharmaceutical Marketing Regulation Economically Helpful or Hurtful?
Intellectual Property: Intellectual Property, Free Markets and Competition Policy
John F. Duffy, Richard A. Epstein, Douglas H. Ginsburg, Joshua Sarnoff, Joshua D. Wright
Are intellectual property rights compatible with free, competitive markets? This question has long been a...
Intellectual Property: Intellectual Property, Free Markets and Competition Policy
John F. Duffy, Richard A. Epstein, Douglas H. Ginsburg, Joshua Sarnoff, Joshua D. Wright
Are intellectual property rights compatible with free, competitive markets? This question has long been a...
Intellectual Property: Intellectual Property, Free Markets and Competition Policy
2013 National Lawyers Convention
Washington, DCAntitrust and High-tech: Regulatory Risks for Innovation and Competition
Ronald A. Cass
I. Target Selection in an Innovation Economy A. Regulatory Power, Regulations’ Problems, and Antitrust While...
Intellectual Property
Intellectual Property and Individual Liberty: Friends or Foes
Stanford Student Chapter
Stanford, CAIntellectual Property and Piracy