Chief Judge (ret.), U.S. Court of Appeals for the Federal Circuit, and Honorary Professor, Tsinghua University
Randall R. Rader was appointed to the United States Court of Appeals for the Federal Circuit by President George H. W. Bush in 1990 and served as Chief Judge from June 2010 to June 2014. He was appointed to the United States Claims Court (now the U. S. Court of Federal Claims) by President Ronald W. Reagan in 1988. Judge Rader's most prized title may well be "Professor Rader."
As Professor, Judge Rader has taught courses on patent law and other advanced intellectual property courses at The George Washington University Law School,University of Virginia School of Law, Georgetown University Law Center, the Munich Intellectual Property Law Center, and other university programs in Tokyo, Taipei, New Delhi, and Beijing. Due to the size and diversity of his classes, Judge Rader may have taught patent law to more students than anyone else. Judge Rader has also co-authored several texts including the most widely used textbook on U. S. patent law, "Cases and Materials on Patent Law," (St. Paul, Minn.: Thomson/West 3d ed. 2009) and "Patent Law in a Nutshell," (St. Paul, Minn.: Thomson/West 2007) (translated into Chinese and Japanese). Judge Rader has won acclaim for leading dozens of government and educational delegations to every continent (except Antarctica), teaching rule of law and intellectual property law principles.
Judge Rader has received many awards, including the Sedona Lifetime Achievement Award for Intellectual Property Law, 2009; Distinguished Teaching Awards from George Washington University Law School, 2003 and 2008 (by election of the students); the Jefferson Medal from the New Jersey Intellectual Property Law Association, 2003; the Distinguished Service Award from the Berkeley Center for Law and Technology, 2003; the J. William Fulbright Award for Distinguished Public Service from George Washington University Law School, 2000; and the Younger Federal Lawyer Award from the Federal Bar Association, 1983. Before appointment to the Court of Federal Claims, Judge Rader served as Minority and Majority Chief Counsel to Subcommittees of the U.S. Senate Committee on the Judiciary. From 1975 to 1980, he served as Counsel in the House of Representatives for representatives serving on the Interior, Appropriations, and Ways and Means Committees. He received a B.A. in English from Brigham Young University in 1974 and a J.D. from George Washington University Law School in 1978.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
United States Court of Appeals, Fourth Circuit
James Harvie Wilkinson III is an Article III federal judge on the United States Court of Appeals for the Fourth Circuit. He joined the Court in 1984 after being nominated by President Ronald Reagan.
Born in New York City, New York, Wilkinson graduated from Yale University with his Bachelor's degree in 1967. Wilkinson served in the United States Army from 1968 to 1969 and received his Juris Doctor degree from the University of Virginia School of Law in 1972.
On the recommendation of Virginia U.S. Senator John Warner, Wilkinson was nominated to the United States Court of Appeals for the Fourth Circuit by President Ronald Reagan on January 30, 1984 to a seat vacated by John Butzner, Jr.,. Wilkinson was confirmed by the Senate on August 9, 1984 on a Senate vote and received commission on August 13, 1984. Wilkinson served as the Chief Judge of the Court from 1996 to 2003.
Director, Project for International Religious Liberty, Hudson Institute
Michael J. Horowitz is director of Hudson Institute's Project for Civil Justice Reform and Project for International Religious Liberty. He served as general counsel for the Office of Management and Budget (OMB) under the Reagan Administration, and has taught law at the University of Mississippi and Georgetown. He has also practiced private law as a partner at national law firms. Horowitz joined Hudson Institute as a Senior Fellow where he has put together left-right coalitions on a wide variety of foreign and domestic issues. He has written frequently and is regularly called to testify and consult with Congress.
Shareholder, Greenberg Traurig LLP
Troy A. Eid focuses his litigation, mediation and transactional practice on government enforcement, investigations and compliance, environmental law, energy and natural resource development, and Federal Indian law and Native American and Alaska Native tribal law. Troy is a trusted advocate and mediator in the Rocky Mountain West and in federal, state and tribal trial and appellate courtrooms across the country.
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.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
Jeremy A. Rabkin is a Professor Emeritus of Law at the Antonin Scalia Law School, George Mason University. Before joining the faculty in June 2007, he was for over two decades a professor in the Department of Government at Cornell University. Professor Rabkin serves on the board of directors of the Center for Individual Rights, a public interest law firm based in Washington, D.C. Previously he was a board member of the U.S. Institute of Peace and the board of academic advisors of the American Enterprise Institute.
Professor Rabkin’s books include Law Without Nations? (Princeton University Press, 2005). He authored “If You Need a Friend, Don’t Call a Cosmopolitan,” a chapter in Varieties of Sovereignty and Citizenship (Sigal R. Ben-Porath & Rogers M. Smith eds., University of Pennsylvania Press, 2012). His articles have appeared in major law reviews and political science journals and his journalistic contributions in a range of magazines and newspapers, including the Washington Post and the Wall Street Journal.
United States Court of Appeals, Second Circuit
Dennis Jacobs is the Chief Judge of the United States Court of Appeals for the Second Circuit. He became Chief Judge on October 1, 2006. At the time of his appointment in 1992, he was a partner in the New York law firm of Simpson Thacher & Bartlett.
Judge Jacobs received his B.A. degree from Queens College of the City University of New York in 1964; his M.A. degree from New York University in 1965; and his J.D. degree from the New York University School of Law in 1973.
Judge Jacobs was a lecturer in the English Department of Queens College of the City University of New York from 1967 until 1969. He was in private practice from 1973 with the New York law firm of Simpson, Thacher & Bartlett, serving as a partner there from 1980 until his judicial appointment.
In 1997-2004, Judge Jacobs was a member of the Committee on Judicial Resources of the Judicial Conference of the United States; starting in 1999 he was chair of that committee.
Judge Jacobs is a native of New York City.
Former United States National Security Advisor
John R. Bolton served as Assistant to the President and National Security Advisor from April 2018 to September 2019.
Prior to his appointment, Ambassador Bolton served as a senior fellow at the American Enterprise Institute (AEI); of counsel at Kirkland & Ellis; a contributor to FOX News Channel and FOX Business Network; and his op-ed articles were regularly featured in major media publications.
Ambassador Bolton was appointed as United States Permanent Representative to the United Nations on August 1, 2005 and served until his resignation in December 2006. Prior to his appointment, Ambassador Bolton served as Under Secretary of State for Arms Control and International Security from May 2001 to May 2005.
Other positions he has previously held include Assistant Secretary for International Organization Affairs at the Department of State, 1989-1993; Assistant Attorney General, Department of Justice, 1985-1989; Assistant Administrator for Program and Policy Coordination, U.S. Agency for International Development, 1982-1983 and General Counsel, U.S. Agency for International Development, 1981-1982.
Ambassador Bolton is the author of Surrender is Not an Option: Defending America at the U.N. and Abroad, published by Simon and Shuster (November 2007) and How Barack Obama is Endangering our National Sovereignty, published by Encounter Books (April 2010).
Ambassador Bolton was born in Baltimore, Maryland. He graduated with a Bachelor of Arts degree, summa cum laude, Phi Beta Kappa, from Yale College in 1970, and received his Juris Doctor from Yale Law School in 1974. He currently resides in Maryland with his wife, Gretchen. They have one daughter, Jennifer Sarah, who also graduated from Yale College, and received her MBA and SM degrees from MIT in 2014 and is currently a senior manager at Nissan’s facility in Nashville.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
IP Protection for Modern Technology
Chris Rogers, John Doll, Randall R. Rader, Charles Dadswell
Following are excerpts from a panel discussion entitled "IP Protection for Modern Technology" which was...
OCR's Testing (Mis)Guidance: Anti-Education, Anti-Civil Rights
Roger B. Clegg
The U.S. Department of Education's Office for Civil Rights ("OCR") has decided to wade into...
Aspirin for a "Major Headache?" Scaling Back Relief Under the Alien Tort Claims Act
Donald J. Kochan
The "Headache": An Expanding Scope of Liability Customary international law is increasingly permeating the jurisprudence...
Did the Law Cause Columbine?
George Nicholson, Ann Beeson, William F. Kilpatrick, J. Harvie Wilkinson, Michael J. Horowitz, James Rapp, Troy A. Eid
APPEARANCES:JUDGE GEORGE NICHOLSON (Court of Appeals, State of California)PANELISTS:MR. TROY EID (Discussion Leader) (Chief Counsel...
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...
Greater New Orleans Broadcasting Association, Inc. v. United States
Erik S. Jaffe
The final month of the recent Supreme Court term brought the latest installment in a...
Panel Proceedings: The Pinochet Case & Head of State Immunity
Kenneth Roth, Jeffrey Greenbaum, Jeremy A. Rabkin, Dennis Jacobs, John R. Bolton
Editor's Note: This issue is dedicated to a panel discussion on International Law and Head...
Second Amendment Decision Breaks New Ground
Nelson Lund
A remarkable decision by Judge Sam Cummings may have set the stage for significant developments...
State Immunity From Federal Copyright and Trademark Suits: The Chavez Decision
Robert R. Long
In April, the Fifth Circuit held in Denise Chavez v. Arte Publico Press, 139 F.3d...
Municipal Liability Under Section 1983: The Importance of State Law
Daniel W. Nelson
During the October 1996 term, the Supreme Court handed down two cases involving municipal liability...