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.
United States Senator, Kentucky
Mitch McConnell is the Senate Majority Leader. Elected to that position unanimously by his Republican colleagues first in 2014 and again in 2016, he is only the second Kentuckian to ever serve as Majority Leader in the U.S. Senate. The first, Senator Alben Barkley, led the Democrats from 1937 to 1949.
Senator McConnell has served, again by the unanimous vote of his colleagues, as the Republican Leader since the 110th Congress. He is the longest-serving Senate Republican Leader in the history of the United States. McConnell previously served in leadership as the Majority Whip in the 108th and 109th Congresses and as chairman of the National Republican Senatorial Committee during the 1998 and 2000 election cycles.
McConnell has been called “the most conservative leader of either party in the history of the Senate.” He has also earned a reputation as a “master tactician” for permanently locking in critical tax relief for working families and small businesses, and putting in place the most significant spending reduction legislation in a generation.
He has received praise from numerous media outlets for his work as Senate Majority Leader, and in 2015 TIME Magazine named McConnell one of the 100 Most Influential People in the World.
First elected to the Senate in 1984, McConnell is Kentucky’s longest-serving senator. He made history that year as the only Republican challenger in the country to defeat an incumbent Democrat and as the first Republican to win a statewide Kentucky race since 1968. On November 4, 2014, he was elected to a record sixth term by receiving broad support across Kentucky, winning 110 of the Commonwealth’s 120 counties.
McConnell graduated with honors from the University of Louisville College of Arts and Sciences, where he served as student body president. He also is a graduate of the University of Kentucky College of Law, where he was elected president of the Student Bar Association.
McConnell worked as an intern on Capitol Hill for Senator John Sherman Cooper before serving as chief legislative assistant to Senator Marlow Cook and as Deputy Assistant Attorney General to President Gerald Ford.
Before his election to the Senate, he served as judge-executive of Jefferson County, Kentucky, from 1978 until he commenced his Senate term on January 3, 1985.
McConnell currently serves as a senior member of the Appropriations, Agriculture and Rules Committees. He is the proud father of three daughters.
McConnell is married to Secretary Elaine L. Chao, the 18th U.S. Secretary of Transportation. Previously, Secretary Chao served for eight years as President George W. Bush’s U.S. Secretary of Labor. She is also a former president of the United Way of America and director of the Peace Corps.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
I. Herman Stern Professor of Law
David Post is currently the I. Herman Stern Professor of Law at the Beasley School of Law at Temple University, where he teaches intellectual property law and the law of cyberspace. Professor Post is also an Adjunct Scholar at the Cato Institute, a Fellow at the Institute for Information Law and Policy at New York Law School, and a contributor to the influential Volokh Conspiracy blog. [More detail on Professor Post's research and writings can be found here.]
Trained originally as a physical anthropologist, Professor Post spent two years studying the feeding ecology of yellow baboons in Kenya's Amboseli National Park, and he taught at the Columbia University Department of Anthropology from 1976 through 1981. He then attended Georgetown Law Center, from which he graduated summa cum laude in 1986. After clerking with then-Judge Ruth Bader Ginsburg on the DC Circuit Court of Appeals, he spent 6 years at the Washington D.C. law firm of Wilmer, Cutler & Pickering, practicing in the areas of intellectual property law and high technology commercial transactions. He then clerked again for Justice Ginsburg during her first term on the Supreme Court before joining the faculty of, first, the Georgetown University Law Center (1994-1997) and then the Temple University Law School (1997-present).
Professor Post is the author of Cyberlaw: Problems of Policy and Jurisprudence in the Information Age (3d Edition, West, 2007) (co-authored with Paul Schiff Berman and Patricia Bellia), and In Search of Jefferson's Moose: Notes on the State of Cyberspace (Oxford U. Press, forthcoming 2008), as well as numerous articles on intellectual property, the law of cyberspace, and the application of complexity theory to Internet legal questions that have appeared in the Stanford Law Review, Journal of Legal Studies, Berkeley Technology Law Journal, Esther Dyson's Release 1.0, Journal of Online Law, University of Chicago Legal Forum, Vanderbilt Law Review, Georgetown Law Journal, and numerous other publications. For four years (1994-1998) he wrote a monthly column on law and technology ("Plugging In") for the American Lawyer, and from 1998-2004 he wrote the "On the Horizon" column for InformationWeek (with Bradford Brown). He has appeared as a commentator on the Lehrer News Hour, Court TV's Supreme Court Preview, NPR's All Things Considered, BBC's World, and other television and radio shows, and recently was featured in the PBS documentary The Supreme Court. During 1996-1997 he conducted, along with two colleagues (Professors Larry Lessig and Eugene Volokh) the first Internet-wide e-mail course on "Cyberspace Law for Non-Lawyers" which attracted over 20,000 subscribers. He also sings and plays guitar, piano, banjo, and harmonica in the bands "Bad Dog," "The Dwights," and "The Zen Cohens."
Professor Post's writings can be accessed online via his publications page and personal site (http://www.davidpost.com).
J.D., Georgetown University
Ph.D. (Anthropology), Yale University
B.A., Yale University
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.
Chief Judge, United States Court of Appeals, Eleventh Circuit
William H. Pryor Jr. serves as Chief Circuit Judge on the United States Court of Appeals for the Eleventh Circuit.
In 2013–18, he served on the United States Sentencing Commission and, in 2017–18, served as Acting Chair.
He has taught as a visiting professor at the University of Alabama School of Law and previously taught as an adjunct professor at the Cumberland School of Law of Samford University.
He served as the 45th Attorney General of Alabama from 1997 to 2004. When he took office, he was the youngest attorney general in the nation. In his reelection, he received the highest percentage of votes of any statewide candidate.
He graduated magna cum laude from Tulane Law School where he finished first in the common-law curriculum and was editor in chief of the Tulane Law Review. He then served as a law clerk for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.
He is a member of The American Law Institute and an Adviser for the RESTATEMENT OF THE LAW THIRD, CONFLICT OF LAWS. He is a coauthor with Bryan Garner, Justices Gorsuch and Kavanaugh, and several other judges of a treatise, THE LAW OF JUDICIAL PRECEDENT. He has published in the Yale Law Journal, Columbia Law Review, Virginia Law Review, Notre Dame Law Review, Harvard Journal of Law & Public Policy, Yale Law & Policy Review, George Mason Law Review, Florida Law Review, Alabama Law Review, Case Western Reserve Law Review, and Tulane Law Review. He has published op-eds in The Wall Street Journal, The New York Times, National Review, and USA Today. He has debated at National Lawyers’ Conventions of the Federalist Society (including on National Public Radio) and at the Oxford Union in the United Kingdom. And he is listed among several “widely admired judicial writers” in Bryan Garner’s The Redbook: A Manual on Legal Style.
He is a member of the Tulane Law School Hall of Fame and has received the Defender of the Constitution Award from the Heritage Foundation, the Jurist of the Year Award from the Texas Review of Law & Politics, and the St. Thomas More Award from the St. Thomas More Society of Atlanta. Judge Pryor is also a proud member of the National Society of the Sons of the American Revolution.
U.S. Court of Appeals, Seventh Circuit
Frank H. Easterbrook is a judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer at the Law School of the University of Chicago. He was Chief Judge from 2006–2013. Before joining the court in 1985, he was the Lee andBrena Freeman Professor of Law at the University of Chicago, where he taught and wrote in antitrust, securities, corporate law, jurisprudence, and criminal procedure. He has published The Economic Structure of Corporate Law (with Daniel R. Fischel) and about 100 scholarly articles. He served as Co-Editor of the Journal of Law and Economics from 1982 to 1991 and as a member of the Judicial Conference’s Standing Committee on Rules of Practice and Procedure from 1991 to 1997. Before joining the faculty of the Law School in 1979, Judge Easterbrook was Deputy Solicitor General of the United States. He holds degrees from Swarthmore College (B.A. with high honors, 1970) and the University of Chicago (J.D. cum laude, 1973), and is a member of the American Academy of Arts and Sciences, the American Law Institute, the Mont Pelerin Society, Phi Beta Kappa, and the Order of the Coif.
The Independent Counsel: What's Next?
From the Editors: The Independent Counsel law expired on June 1 amidst much debate on what,...
Administrative Common Law and the Original Meaning of Judicial Review Under the APA
John F. Duffy
In 1946 Congress enacted a "comprehensive statement of the right, mechanics, and scope of judicial...
Dangerous Waters in the (Title IX) Safe Harbor
Kimberly Schuld
Being a male in today's feminized society is something akin to being (in the words...
It's a Matter of Principle
Mitch McConnell
On June 14, it was my pleasure to address the Federalist Society's Free Speech Practice...
Congressional Control Over State Sovereign Immunity: The Recent Supreme Court Decisions
Gregory G. Katsas
On June 23, 1999, the last day of the most recent Supreme Court Term, the...
The Independent Counsel Act: An Unconstitutional Delegation of Power of Judges
Jeremy B. Rosen
A defense lawyer for one of the targets of a federal independent counsel probe gave...
Bringing Law to New Frontiers: Cyberspace
David G. Post, Andrew Shapiro, Mark F. Schultz
THURSDAY, NOVEMBER 12, 1998 PROCEEDINGS Following are excerpts from one of the Intellectual Property Practice...
Novel Government Lawsuits Against Industries: An Assault on the Rule of Law
William H. Pryor
Presentation by Bill Pryor, Attorney General of Alabama Tuesday, June 22, 1999, U.S. Chamber of...
Property Rights in the 21st Century
Frank H. Easterbrook
Following are excerpts from a panel discussion entitled "Property Rights in the 21st Century," which...
Intellectual Property in an Era of Intellectual Renaissance
Gerald J. Mossinghoff
The remarks of the Hon. Gerald J. Mossinghoff to the Keio University International Extension Program...