Clinical Professor and Senior Scholar and Senior Fellow for Copyright Research and Policy of C-IP2, Antonin Scalia Law School, George Mason University
Sandra Aistars is Senior Fellow for Copyright Research and Policy and a Senior Scholar at the Center for Intellectual Property x Innovation Policy (C-IP2). She also leads the law school’s Arts & Entertainment Advocacy Program. Professor Aistars has over twenty years of advocacy experience on behalf of copyright and other intellectual property owners. She has served on trade missions and been an industry advisor to the Department of Commerce on intellectual property implications for international trade negotiations; worked on legislative and regulatory matters worldwide; frequently testified before Congress and federal agencies regarding intellectual property matters; chaired cross-industry coalitions and technology standards efforts; and is regularly tapped by government agencies to lecture in U.S. government-sponsored study tours for visiting legislators, judges, prosecutors, and regulators.
Immediately prior to joining Scalia Law, Professor Aistars was the Chief Executive Officer of the Copyright Alliance – a nonprofit, public interest organization that represents the interests of artists and creators across the creative spectrum. While at Scalia Law, she continues to collaborate with the Copyright Alliance as a member of its Academic Advisory Board. Professor Aistars currently serves on the boards of the Washington Area Lawyers for the Arts (WALA) and the Howard Intellectual Property Program (HIPP), and she has previously served as trustee of the Copyright Society of the USA (CSUSA). Professor Aistars has also previously served as Vice President and Associate General Counsel at Time Warner Inc. She began her legal career in private practice at Weil, Gotshal and Manges LLP.
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.
Special Counsel, Hunton Andrews Kurth
After serving on the United State Court of Appeals for the D. C. Circuit from 2005, Judge Griffith stepped down from the bench in 2020. Currently he is a Lecturer on Law at Harvard Law School, a Fellow at the Wheatley Institute at Brigham Young University, and Special Counsel in the Washington, DC office of the law firm of Hunton Andrews Kurth. Most recently, he was a member of President Biden's Commission on the Supreme Court. He is the author of Civic Charity and the Constitution , and the co-author, along with former judges Michael Luttig and Michael McConnell, of Lost, Not Stolen: The Conservative Case that Trump Lost and Biden Won the 2020 Presidential Election. https://lostnotstolen.org/ . Before being appointed to the D. C. Circuit, Judge Griffith was the General Counsel at BYU; Senate Legal Counsel, the non-partisan chief legal officer of the U. S. Senate; and a partner at Wiley, Rein & Fielding. Long active in rule-of-law programs in former communist nations, Judge Griffith is a member of the international advisory board of the CEELI Institute in Prague. He is a graduate of BYU and the University of Virginia School of Law and is a member of the American Law Institute.
Elvin R. Latty Professor of Law, Duke University School of Law
Arti Rai, Elvin R. Latty Professor of Law and co-Director, Duke Law Center for Innovation Policy, is an internationally recognized expert in intellectual property (IP) law, administrative law, and health policy. Rai has also taught at Harvard, Yale, and the University of Pennsylvania law schools. Rai's research on IP law and policy in biotechnology, pharmaceuticals, and software has been funded by NIH, the Kauffman Foundation, and the Woodrow Wilson Center. She has published over 50 articles, essays, and book chapters on IP law, administrative law, and health policy. Her publications have appeared in both peer-reviewed journals and law reviews, including Science, the New England Journal of Medicine, the Journal of Legal Studies, Nature Biotechnology, and the Columbia, Georgetown, and Northwestern law reviews. She is the editor of Intellectual Property Law and Biotechnology: Critical Concepts (Edward Elgar, 2011) and the co-author of a 2012 Kauffman Foundation monograph on cost-effective health care innovation.
From 2009-2010, Rai served as the Administrator of the Office of External Affairs at the U.S. Patent and Trademark Office (USPTO). As External Affairs Administrator, Rai led policy analysis of the patent reform legislation that ultimately became the America Invents Act and worked to establish the USPTO’s Office of the Chief Economist. Prior to that time, she had served on President-Elect Obama’s transition team reviewing the USPTO. Prior to entering academia, Rai clerked for the Honorable Marilyn Hall Patel of the U.S. District Court for the Northern District of California; was a litigation associate at Jenner & Block (doing patent litigation as well as other litigation); and was a litigator at the Federal Programs Branch of the U.S. Department of Justice's Civil Division.
Rai regularly testifies before Congress and relevant administrative bodies on IP law and policy issues and regularly advises federal agencies on IP policy issues raised by the research that they fund. She is a member of the National Advisory Council for Human Genome Research and of an Expert Advisory Council to the Defense Advanced Projects Research Agency (DARPA). Rai is a public member of the Administrative Conference of the United States, a member of the American Law Institute, and co-chair of the IP Committee of the Administrative Law Section of the ABA. Rai is currently a member of the Institute of Medicine Committee on Strategies for Responsible Sharing of Clinical Trial Data and has served on, or as a reviewer for, numerous National Academies of Science committees. In 2011, Rai won the World Technology Network Award for Law.
Rai graduated from Harvard College, magna cum laude, with a degree in biochemistry and history (history and science), attended Harvard Medical School for the 1987-1988 academic year, and received her J.D., cum laude, from Harvard Law School in 1991. Rai's moot court team at Harvard Law School won Best Brief and Team honors at the school's prestigious Ames Moot Court Competition.
Associate Professor, Boston College Law School
David Olson is an associate professor and the Faculty Director of the Program on Innovation and Entrepreneurship. He teaches patent law, intellectual property law, antitrust law, and various seminars. His research and writing primarily focus on patents, copyrights, antitrust, and incentives for innovation and competition. Since joining BC Law in 2007, he has been recognized for his teaching excellence and contributions. In 2011, he received the Business & Law Society Faculty Award for Achievement in Business & Law. In 2012, he received the Professor Emil Slizewski Award for Faculty Excellence. For one semester in 2015, Olson served as a visiting professor at Pontifical Catholic University, Rio de Janeiro, Brazil, where he conducted research and taught a course on intellectual property.
Olson has published scholarly articles on patent law, copyright law, antitrust, music licensing, and first amendment copyright issues. His writing has been cited in Supreme Court and other legal opinions. He has testified before the U.S. Congress on matters of drug patents, FDA regulation, and antitrust.
The media frequently seeks Olson’s insights and opinions. He has been quoted in the Wall Street Journal, Associated Press, and Reuters, among others. He has appeared as a guest panelist on WBUR’s Radio Boston, WAMU's Kojo Namdi Show, and Public Radio Canada. His op-eds have appeared in the Chicago Tribune, Washington Times, and The Hill.
Olson came to Boston College from Stanford Law School's Center for Internet and Society, where he conducted research on patent law and litigated copyright fair use impact cases. Before entering academia, Olson practiced law as a patent litigator. He clerked for Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit.
Clinical Professor and Senior Scholar and Senior Fellow for Copyright Research and Policy of C-IP2, Antonin Scalia Law School, George Mason University
Sandra Aistars is Senior Fellow for Copyright Research and Policy and a Senior Scholar at the Center for Intellectual Property x Innovation Policy (C-IP2). She also leads the law school’s Arts & Entertainment Advocacy Program. Professor Aistars has over twenty years of advocacy experience on behalf of copyright and other intellectual property owners. She has served on trade missions and been an industry advisor to the Department of Commerce on intellectual property implications for international trade negotiations; worked on legislative and regulatory matters worldwide; frequently testified before Congress and federal agencies regarding intellectual property matters; chaired cross-industry coalitions and technology standards efforts; and is regularly tapped by government agencies to lecture in U.S. government-sponsored study tours for visiting legislators, judges, prosecutors, and regulators.
Immediately prior to joining Scalia Law, Professor Aistars was the Chief Executive Officer of the Copyright Alliance – a nonprofit, public interest organization that represents the interests of artists and creators across the creative spectrum. While at Scalia Law, she continues to collaborate with the Copyright Alliance as a member of its Academic Advisory Board. Professor Aistars currently serves on the boards of the Washington Area Lawyers for the Arts (WALA) and the Howard Intellectual Property Program (HIPP), and she has previously served as trustee of the Copyright Society of the USA (CSUSA). Professor Aistars has also previously served as Vice President and Associate General Counsel at Time Warner Inc. She began her legal career in private practice at Weil, Gotshal and Manges LLP.
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.
Special Counsel, Hunton Andrews Kurth
After serving on the United State Court of Appeals for the D. C. Circuit from 2005, Judge Griffith stepped down from the bench in 2020. Currently he is a Lecturer on Law at Harvard Law School, a Fellow at the Wheatley Institute at Brigham Young University, and Special Counsel in the Washington, DC office of the law firm of Hunton Andrews Kurth. Most recently, he was a member of President Biden's Commission on the Supreme Court. He is the author of Civic Charity and the Constitution , and the co-author, along with former judges Michael Luttig and Michael McConnell, of Lost, Not Stolen: The Conservative Case that Trump Lost and Biden Won the 2020 Presidential Election. https://lostnotstolen.org/ . Before being appointed to the D. C. Circuit, Judge Griffith was the General Counsel at BYU; Senate Legal Counsel, the non-partisan chief legal officer of the U. S. Senate; and a partner at Wiley, Rein & Fielding. Long active in rule-of-law programs in former communist nations, Judge Griffith is a member of the international advisory board of the CEELI Institute in Prague. He is a graduate of BYU and the University of Virginia School of Law and is a member of the American Law Institute.
Elvin R. Latty Professor of Law, Duke University School of Law
Arti Rai, Elvin R. Latty Professor of Law and co-Director, Duke Law Center for Innovation Policy, is an internationally recognized expert in intellectual property (IP) law, administrative law, and health policy. Rai has also taught at Harvard, Yale, and the University of Pennsylvania law schools. Rai's research on IP law and policy in biotechnology, pharmaceuticals, and software has been funded by NIH, the Kauffman Foundation, and the Woodrow Wilson Center. She has published over 50 articles, essays, and book chapters on IP law, administrative law, and health policy. Her publications have appeared in both peer-reviewed journals and law reviews, including Science, the New England Journal of Medicine, the Journal of Legal Studies, Nature Biotechnology, and the Columbia, Georgetown, and Northwestern law reviews. She is the editor of Intellectual Property Law and Biotechnology: Critical Concepts (Edward Elgar, 2011) and the co-author of a 2012 Kauffman Foundation monograph on cost-effective health care innovation.
From 2009-2010, Rai served as the Administrator of the Office of External Affairs at the U.S. Patent and Trademark Office (USPTO). As External Affairs Administrator, Rai led policy analysis of the patent reform legislation that ultimately became the America Invents Act and worked to establish the USPTO’s Office of the Chief Economist. Prior to that time, she had served on President-Elect Obama’s transition team reviewing the USPTO. Prior to entering academia, Rai clerked for the Honorable Marilyn Hall Patel of the U.S. District Court for the Northern District of California; was a litigation associate at Jenner & Block (doing patent litigation as well as other litigation); and was a litigator at the Federal Programs Branch of the U.S. Department of Justice's Civil Division.
Rai regularly testifies before Congress and relevant administrative bodies on IP law and policy issues and regularly advises federal agencies on IP policy issues raised by the research that they fund. She is a member of the National Advisory Council for Human Genome Research and of an Expert Advisory Council to the Defense Advanced Projects Research Agency (DARPA). Rai is a public member of the Administrative Conference of the United States, a member of the American Law Institute, and co-chair of the IP Committee of the Administrative Law Section of the ABA. Rai is currently a member of the Institute of Medicine Committee on Strategies for Responsible Sharing of Clinical Trial Data and has served on, or as a reviewer for, numerous National Academies of Science committees. In 2011, Rai won the World Technology Network Award for Law.
Rai graduated from Harvard College, magna cum laude, with a degree in biochemistry and history (history and science), attended Harvard Medical School for the 1987-1988 academic year, and received her J.D., cum laude, from Harvard Law School in 1991. Rai's moot court team at Harvard Law School won Best Brief and Team honors at the school's prestigious Ames Moot Court Competition.
Associate Professor, Boston College Law School
David Olson is an associate professor and the Faculty Director of the Program on Innovation and Entrepreneurship. He teaches patent law, intellectual property law, antitrust law, and various seminars. His research and writing primarily focus on patents, copyrights, antitrust, and incentives for innovation and competition. Since joining BC Law in 2007, he has been recognized for his teaching excellence and contributions. In 2011, he received the Business & Law Society Faculty Award for Achievement in Business & Law. In 2012, he received the Professor Emil Slizewski Award for Faculty Excellence. For one semester in 2015, Olson served as a visiting professor at Pontifical Catholic University, Rio de Janeiro, Brazil, where he conducted research and taught a course on intellectual property.
Olson has published scholarly articles on patent law, copyright law, antitrust, music licensing, and first amendment copyright issues. His writing has been cited in Supreme Court and other legal opinions. He has testified before the U.S. Congress on matters of drug patents, FDA regulation, and antitrust.
The media frequently seeks Olson’s insights and opinions. He has been quoted in the Wall Street Journal, Associated Press, and Reuters, among others. He has appeared as a guest panelist on WBUR’s Radio Boston, WAMU's Kojo Namdi Show, and Public Radio Canada. His op-eds have appeared in the Chicago Tribune, Washington Times, and The Hill.
Olson came to Boston College from Stanford Law School's Center for Internet and Society, where he conducted research on patent law and litigated copyright fair use impact cases. Before entering academia, Olson practiced law as a patent litigator. He clerked for Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit.
Garrick Professor in Law, The University of Queensland School of Law
James Allan is the Garrick Professor of Law at the University of Queensland. He is a native born Canadian who practised law at a large firm in Toronto and then at the Bar in London before moving to teach law in Hong Kong, New Zealand and then Australia. He has had sabbaticals at the Cornell Law School and the University of San Diego School of Law in the U.S. and at Osgoode Hall Law School and the Dalhousie Law School in Canada (where he was the Bertha Wilson Visiting Professor of Human Rights).
Prof. Allan has published widely in the areas of constitutional law, legal philosophy and bill of rights scepticism. His latest book, aimed at the educated layperson, came out recently. It is titled Democracy in Decline and is available from Connor Court in Australia and from MQUP in the U.S. and Canada. Prof. Allan also writes regularly for weeklies and monthlies, including being a regular contributor to The Australian, The Spectator Australia, and Quadrant. He was elected to the Mont Pelerin Society in 2011.
Associate Professor, Osgoode Hall Law School, York University
Dan Priel is associate professor at Osgoode Hall Law School, York University. He holds an LL.B. from Hebrew University in Jerusalem, where he graduated summa cum lauda. After clerking for Justice Dorit Beinisch of the Supreme Court of Israel, he pursued graduate studies at the University of Oxford, where he obtained a B.C.L., M.Phil. and a D.Phil. After completing his doctorate he spent two years at Yale Law School as Oscar M. Ruebhausen Fellow-in-Law. He has since taught at the University of Warwick in the UK and is currently teaching in Canada; he has also taught in Israel, China, and the United States. Prof. Priel published extensively in jurisprudence and various areas of law. His work appeared in leading journals in the U.S., Canada, the UK and Australia, including Law and Society Review, Legal Theory, Melbourne University Law Review, Oxford Journal of Legal Studies, Texas Law Review, Virginia Law Review, and the University of Toronto Law Journal. In 2013–14 he published two essays on Lon Fuller’s legal philosophy and has a continuing interest in his work.
David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia, and previously was Frank Stanton Professor of the First Amendment at Harvard University. A Fellow of the American Academy of Arts and Sciences and recipient of a Guggenheim Fellowship, Schauer is the author of The Law of Obscenity (BNA, 1976), Free Speech: A Philosophical Enquiry (Cambridge, 1982), Playing By the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life (Oxford, 1991), Profiles, Probabilities, and Stereotypes (Harvard, 2003), Thinking Like a Lawyer: A New Introduction to Legal Reasoning (Harvard, 2009), and The Force of Law (Harvard, 2015). The editor of Karl Llewellyn, The Theory of Rules (Chicago, 2011), and a founding editor of Legal Theory, he has chaired the Section on Constitutional Law of the Association of American Law Schools and the Committee on Philosophy and Law of the American Philosophical Association. In 2005 he wrote the Foreword to the Harvard Law Review’s Supreme Court issue, and has written widely on freedom of speech, constitutional interpretation, evidence, legal reasoning, and the philosophy of law.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Founding Partner, Boyden Gray & Associates
Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.
Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.
Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.
Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.
Edward F. Howrey Professor of Law, University of Virginia
Michael Livermore joined the faculty in 2013. He teaches environmental law, administrative law, regulatory law and policy, and advanced seminars on these topics. His research focuses on environmental law, regulation, bureaucratic oversight and the computational analysis of law. He frequently collaborates on interdisciplinary projects with researchers in other academic fields, including economics, computer science and neurology. His work has appeared in leading law journals, including the Yale Law Journal, University of Chicago Law Review, New York University Law Review, Georgetown Law Journal and Duke Law Journal. Livermore is a leading expert on the use of cost-benefit analysis to evaluate environmental regulation, and he is the co-author of Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (Oxford University Press, 2008) and co-editor of The Globalization of Cost-Benefit Analysis in Environmental Policy (Oxford University Press, 2013).
Prior to joining the faculty, Livermore was the founding executive director of the Institute for Policy Integrity at New York University School of Law, a think tank dedicated to improving the quality of government decision-making. In that capacity, he participated in dozens of regulatory proceedings on a diverse set of issues ranging from climate change to prison safety. He remains an active participant in environmental policy discussions. Livermore earned his J.D. magna cum laude from NYU Law, where he was a Furman Scholar, was elected to the Order of the Coif, and served as a managing editor of the Law Review. After law school, he spent a year as a fellow at NYU Law’s Center on Environmental and Land Use Law before clerking for Judge Harry T. Edwards on the U.S. Court of Appeals for the D.C. Circuit.
During the 2018-19 academic year, Livermore is leading an Online Workshop on the Computational Analysis of Law.
Senior Fellow, Resources for the Future
Richard Morgenstern's research focuses on the economic analysis of environmental issues with an emphasis on the costs, benefits, evaluation, and design of environmental policies, especially economic incentive measures. His analysis also focuses on climate change, including the design of cost-effective policies to reduce emissions in the United States and abroad.
Immediately prior to joining RFF, Morgenstern was senior economic counselor to the undersecretary for global affairs at the U.S. Department of State, where he participated in negotiations for the Kyoto Protocol. Previously he served at the U.S. Environmental Protection Agency, where he acted as deputy administrator (1993); assistant administrator for policy, planning, and evaluation (1991-93); and director of the Office of Policy Analysis (1983-95). Formerly a tenured professor at the City University of New York, Morgenstern has taught recently at Oberlin College, the Wharton School of the University of Pennsylvania, Yeshiva University, and American University. He has served on expert committees of the National Academy of Sciences and as a consultant to various organizations.
Partner, Gibson, Dunn & Crutcher, and Former United States Secretary of Labor
Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, co-chair of the firm’s Administrative Law and Regulatory Practice Group, and a senior member of the firm’s Labor and Employment Practice Group and Financial Institutions Practice Group. He returned to the firm after serving as U.S. Secretary of Labor from September 2019 to January 2021.
Mr. Scalia has a nationally-prominent practice in two areas: Labor and employment law, and advice and litigation regarding the regulatory obligations of federal administrative agencies. He also has extensive appellate experience. Federal regulatory actions he has challenged include the SEC’s “proxy access” rule; the CFTC’s “position limits’” rule; MetLife’s designation as “too big to fail” by the Financial Services Oversight Council; the Labor Department’s “fiduciary” rule; and OSHA’s “cooperative compliance program.”
As Labor Secretary, Mr. Scalia engaged at the highest level with national employment policy and matters affecting the financial services industry and international trade, overseeing the enforcement and administration of more than 180 federal employment laws covering more than 150 million workers and 10 million workplaces. He also served as Chair of the Board of Directors of the Pension Benefit Guaranty Corporation and as a member of the White House Coronavirus Task Force. He was closely involved in the drafting and implementation of the CARES Act and other coronavirus-related legislation. Laws administered by the Labor Department also include the workplace safety requirements of OSHA and the Mine Safety and Health Administration, federal minimum wage and overtime protections, the anti-discrimination requirements applicable to federal contractors, and ERISA’s protection of the more than $11 trillion held in employee retirement plans and health plans.
Mr. Scalia served from 2002 to 2003 as Solicitor of the U.S. Department of Labor, with responsibility for all Labor Department litigation and legal advice on rulemakings and administrative law. He is the only person to have served as both Solicitor and Secretary of Labor.
He also served at the U.S. Department of Justice as a Special Assistant to the Attorney General, receiving the Department’s Edmund J. Randolph Award in 1993.
In private practice, Mr. Scalia has represented employers in high-profile matters under the National Labor Relations Act and in class actions and collective actions under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, ERISA, and federal and state wage hour laws. He has extensive experience in federal district court, the courts of appeals, and in the arbitration of employment disputes. He has been a leading authority on “whistleblower” investigations and litigation since the 2002 enactment of the Sarbanes-Oxley Act. Mr. Scalia also counsels employers on reductions-in-force and the proper conduct of harassment and discrimination investigations. He has provided pro bono representation to workers in discrimination matters, wrongful separation disputes, and other matters.
Mr. Scalia is a Senior Fellow of the Administrative Conference of the United States, a federal agency that makes recommendations to Congress and the Executive Branch on ways to improve the administrative process. He is the author of more than 30 articles and papers on labor and employment law, administrative law, and other subjects. Among other accolades, he has been named an “Employment MVP,” a “Securities MVP,” and an “Appellate MVP” by Law360. The National Law Journal recognized Mr. Scalia as a “Visionary” for his litigation against financial regulatory agencies, and the Nation magazine has called him a “fearsome litigator.” He has been a Lecturer in labor and employment law at the University of Chicago Law School.
Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review. He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter for Education Secretary William J. Bennett before attending law school. Mr. Scalia and his wife Trish have seven children.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Founding Partner, Boyden Gray & Associates
Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.
Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.
Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.
Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.
Edward F. Howrey Professor of Law, University of Virginia
Michael Livermore joined the faculty in 2013. He teaches environmental law, administrative law, regulatory law and policy, and advanced seminars on these topics. His research focuses on environmental law, regulation, bureaucratic oversight and the computational analysis of law. He frequently collaborates on interdisciplinary projects with researchers in other academic fields, including economics, computer science and neurology. His work has appeared in leading law journals, including the Yale Law Journal, University of Chicago Law Review, New York University Law Review, Georgetown Law Journal and Duke Law Journal. Livermore is a leading expert on the use of cost-benefit analysis to evaluate environmental regulation, and he is the co-author of Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (Oxford University Press, 2008) and co-editor of The Globalization of Cost-Benefit Analysis in Environmental Policy (Oxford University Press, 2013).
Prior to joining the faculty, Livermore was the founding executive director of the Institute for Policy Integrity at New York University School of Law, a think tank dedicated to improving the quality of government decision-making. In that capacity, he participated in dozens of regulatory proceedings on a diverse set of issues ranging from climate change to prison safety. He remains an active participant in environmental policy discussions. Livermore earned his J.D. magna cum laude from NYU Law, where he was a Furman Scholar, was elected to the Order of the Coif, and served as a managing editor of the Law Review. After law school, he spent a year as a fellow at NYU Law’s Center on Environmental and Land Use Law before clerking for Judge Harry T. Edwards on the U.S. Court of Appeals for the D.C. Circuit.
During the 2018-19 academic year, Livermore is leading an Online Workshop on the Computational Analysis of Law.
Senior Fellow, Resources for the Future
Richard Morgenstern's research focuses on the economic analysis of environmental issues with an emphasis on the costs, benefits, evaluation, and design of environmental policies, especially economic incentive measures. His analysis also focuses on climate change, including the design of cost-effective policies to reduce emissions in the United States and abroad.
Immediately prior to joining RFF, Morgenstern was senior economic counselor to the undersecretary for global affairs at the U.S. Department of State, where he participated in negotiations for the Kyoto Protocol. Previously he served at the U.S. Environmental Protection Agency, where he acted as deputy administrator (1993); assistant administrator for policy, planning, and evaluation (1991-93); and director of the Office of Policy Analysis (1983-95). Formerly a tenured professor at the City University of New York, Morgenstern has taught recently at Oberlin College, the Wharton School of the University of Pennsylvania, Yeshiva University, and American University. He has served on expert committees of the National Academy of Sciences and as a consultant to various organizations.
Partner, Gibson, Dunn & Crutcher, and Former United States Secretary of Labor
Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, co-chair of the firm’s Administrative Law and Regulatory Practice Group, and a senior member of the firm’s Labor and Employment Practice Group and Financial Institutions Practice Group. He returned to the firm after serving as U.S. Secretary of Labor from September 2019 to January 2021.
Mr. Scalia has a nationally-prominent practice in two areas: Labor and employment law, and advice and litigation regarding the regulatory obligations of federal administrative agencies. He also has extensive appellate experience. Federal regulatory actions he has challenged include the SEC’s “proxy access” rule; the CFTC’s “position limits’” rule; MetLife’s designation as “too big to fail” by the Financial Services Oversight Council; the Labor Department’s “fiduciary” rule; and OSHA’s “cooperative compliance program.”
As Labor Secretary, Mr. Scalia engaged at the highest level with national employment policy and matters affecting the financial services industry and international trade, overseeing the enforcement and administration of more than 180 federal employment laws covering more than 150 million workers and 10 million workplaces. He also served as Chair of the Board of Directors of the Pension Benefit Guaranty Corporation and as a member of the White House Coronavirus Task Force. He was closely involved in the drafting and implementation of the CARES Act and other coronavirus-related legislation. Laws administered by the Labor Department also include the workplace safety requirements of OSHA and the Mine Safety and Health Administration, federal minimum wage and overtime protections, the anti-discrimination requirements applicable to federal contractors, and ERISA’s protection of the more than $11 trillion held in employee retirement plans and health plans.
Mr. Scalia served from 2002 to 2003 as Solicitor of the U.S. Department of Labor, with responsibility for all Labor Department litigation and legal advice on rulemakings and administrative law. He is the only person to have served as both Solicitor and Secretary of Labor.
He also served at the U.S. Department of Justice as a Special Assistant to the Attorney General, receiving the Department’s Edmund J. Randolph Award in 1993.
In private practice, Mr. Scalia has represented employers in high-profile matters under the National Labor Relations Act and in class actions and collective actions under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, ERISA, and federal and state wage hour laws. He has extensive experience in federal district court, the courts of appeals, and in the arbitration of employment disputes. He has been a leading authority on “whistleblower” investigations and litigation since the 2002 enactment of the Sarbanes-Oxley Act. Mr. Scalia also counsels employers on reductions-in-force and the proper conduct of harassment and discrimination investigations. He has provided pro bono representation to workers in discrimination matters, wrongful separation disputes, and other matters.
Mr. Scalia is a Senior Fellow of the Administrative Conference of the United States, a federal agency that makes recommendations to Congress and the Executive Branch on ways to improve the administrative process. He is the author of more than 30 articles and papers on labor and employment law, administrative law, and other subjects. Among other accolades, he has been named an “Employment MVP,” a “Securities MVP,” and an “Appellate MVP” by Law360. The National Law Journal recognized Mr. Scalia as a “Visionary” for his litigation against financial regulatory agencies, and the Nation magazine has called him a “fearsome litigator.” He has been a Lecturer in labor and employment law at the University of Chicago Law School.
Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review. He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter for Education Secretary William J. Bennett before attending law school. Mr. Scalia and his wife Trish have seven children.
Clinical Professor and Senior Scholar and Senior Fellow for Copyright Research and Policy of C-IP2, Antonin Scalia Law School, George Mason University
Sandra Aistars is Senior Fellow for Copyright Research and Policy and a Senior Scholar at the Center for Intellectual Property x Innovation Policy (C-IP2). She also leads the law school’s Arts & Entertainment Advocacy Program. Professor Aistars has over twenty years of advocacy experience on behalf of copyright and other intellectual property owners. She has served on trade missions and been an industry advisor to the Department of Commerce on intellectual property implications for international trade negotiations; worked on legislative and regulatory matters worldwide; frequently testified before Congress and federal agencies regarding intellectual property matters; chaired cross-industry coalitions and technology standards efforts; and is regularly tapped by government agencies to lecture in U.S. government-sponsored study tours for visiting legislators, judges, prosecutors, and regulators.
Immediately prior to joining Scalia Law, Professor Aistars was the Chief Executive Officer of the Copyright Alliance – a nonprofit, public interest organization that represents the interests of artists and creators across the creative spectrum. While at Scalia Law, she continues to collaborate with the Copyright Alliance as a member of its Academic Advisory Board. Professor Aistars currently serves on the boards of the Washington Area Lawyers for the Arts (WALA) and the Howard Intellectual Property Program (HIPP), and she has previously served as trustee of the Copyright Society of the USA (CSUSA). Professor Aistars has also previously served as Vice President and Associate General Counsel at Time Warner Inc. She began her legal career in private practice at Weil, Gotshal and Manges LLP.
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.
Special Counsel, Hunton Andrews Kurth
After serving on the United State Court of Appeals for the D. C. Circuit from 2005, Judge Griffith stepped down from the bench in 2020. Currently he is a Lecturer on Law at Harvard Law School, a Fellow at the Wheatley Institute at Brigham Young University, and Special Counsel in the Washington, DC office of the law firm of Hunton Andrews Kurth. Most recently, he was a member of President Biden's Commission on the Supreme Court. He is the author of Civic Charity and the Constitution , and the co-author, along with former judges Michael Luttig and Michael McConnell, of Lost, Not Stolen: The Conservative Case that Trump Lost and Biden Won the 2020 Presidential Election. https://lostnotstolen.org/ . Before being appointed to the D. C. Circuit, Judge Griffith was the General Counsel at BYU; Senate Legal Counsel, the non-partisan chief legal officer of the U. S. Senate; and a partner at Wiley, Rein & Fielding. Long active in rule-of-law programs in former communist nations, Judge Griffith is a member of the international advisory board of the CEELI Institute in Prague. He is a graduate of BYU and the University of Virginia School of Law and is a member of the American Law Institute.
Associate Professor, Boston College Law School
David Olson is an associate professor and the Faculty Director of the Program on Innovation and Entrepreneurship. He teaches patent law, intellectual property law, antitrust law, and various seminars. His research and writing primarily focus on patents, copyrights, antitrust, and incentives for innovation and competition. Since joining BC Law in 2007, he has been recognized for his teaching excellence and contributions. In 2011, he received the Business & Law Society Faculty Award for Achievement in Business & Law. In 2012, he received the Professor Emil Slizewski Award for Faculty Excellence. For one semester in 2015, Olson served as a visiting professor at Pontifical Catholic University, Rio de Janeiro, Brazil, where he conducted research and taught a course on intellectual property.
Olson has published scholarly articles on patent law, copyright law, antitrust, music licensing, and first amendment copyright issues. His writing has been cited in Supreme Court and other legal opinions. He has testified before the U.S. Congress on matters of drug patents, FDA regulation, and antitrust.
The media frequently seeks Olson’s insights and opinions. He has been quoted in the Wall Street Journal, Associated Press, and Reuters, among others. He has appeared as a guest panelist on WBUR’s Radio Boston, WAMU's Kojo Namdi Show, and Public Radio Canada. His op-eds have appeared in the Chicago Tribune, Washington Times, and The Hill.
Olson came to Boston College from Stanford Law School's Center for Internet and Society, where he conducted research on patent law and litigated copyright fair use impact cases. Before entering academia, Olson practiced law as a patent litigator. He clerked for Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit.
Elvin R. Latty Professor of Law, Duke University School of Law
Arti Rai, Elvin R. Latty Professor of Law and co-Director, Duke Law Center for Innovation Policy, is an internationally recognized expert in intellectual property (IP) law, administrative law, and health policy. Rai has also taught at Harvard, Yale, and the University of Pennsylvania law schools. Rai's research on IP law and policy in biotechnology, pharmaceuticals, and software has been funded by NIH, the Kauffman Foundation, and the Woodrow Wilson Center. She has published over 50 articles, essays, and book chapters on IP law, administrative law, and health policy. Her publications have appeared in both peer-reviewed journals and law reviews, including Science, the New England Journal of Medicine, the Journal of Legal Studies, Nature Biotechnology, and the Columbia, Georgetown, and Northwestern law reviews. She is the editor of Intellectual Property Law and Biotechnology: Critical Concepts (Edward Elgar, 2011) and the co-author of a 2012 Kauffman Foundation monograph on cost-effective health care innovation.
From 2009-2010, Rai served as the Administrator of the Office of External Affairs at the U.S. Patent and Trademark Office (USPTO). As External Affairs Administrator, Rai led policy analysis of the patent reform legislation that ultimately became the America Invents Act and worked to establish the USPTO’s Office of the Chief Economist. Prior to that time, she had served on President-Elect Obama’s transition team reviewing the USPTO. Prior to entering academia, Rai clerked for the Honorable Marilyn Hall Patel of the U.S. District Court for the Northern District of California; was a litigation associate at Jenner & Block (doing patent litigation as well as other litigation); and was a litigator at the Federal Programs Branch of the U.S. Department of Justice's Civil Division.
Rai regularly testifies before Congress and relevant administrative bodies on IP law and policy issues and regularly advises federal agencies on IP policy issues raised by the research that they fund. She is a member of the National Advisory Council for Human Genome Research and of an Expert Advisory Council to the Defense Advanced Projects Research Agency (DARPA). Rai is a public member of the Administrative Conference of the United States, a member of the American Law Institute, and co-chair of the IP Committee of the Administrative Law Section of the ABA. Rai is currently a member of the Institute of Medicine Committee on Strategies for Responsible Sharing of Clinical Trial Data and has served on, or as a reviewer for, numerous National Academies of Science committees. In 2011, Rai won the World Technology Network Award for Law.
Rai graduated from Harvard College, magna cum laude, with a degree in biochemistry and history (history and science), attended Harvard Medical School for the 1987-1988 academic year, and received her J.D., cum laude, from Harvard Law School in 1991. Rai's moot court team at Harvard Law School won Best Brief and Team honors at the school's prestigious Ames Moot Court Competition.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Founding Partner, Boyden Gray & Associates
Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.
Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.
Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.
Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.
Edward F. Howrey Professor of Law, University of Virginia
Michael Livermore joined the faculty in 2013. He teaches environmental law, administrative law, regulatory law and policy, and advanced seminars on these topics. His research focuses on environmental law, regulation, bureaucratic oversight and the computational analysis of law. He frequently collaborates on interdisciplinary projects with researchers in other academic fields, including economics, computer science and neurology. His work has appeared in leading law journals, including the Yale Law Journal, University of Chicago Law Review, New York University Law Review, Georgetown Law Journal and Duke Law Journal. Livermore is a leading expert on the use of cost-benefit analysis to evaluate environmental regulation, and he is the co-author of Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (Oxford University Press, 2008) and co-editor of The Globalization of Cost-Benefit Analysis in Environmental Policy (Oxford University Press, 2013).
Prior to joining the faculty, Livermore was the founding executive director of the Institute for Policy Integrity at New York University School of Law, a think tank dedicated to improving the quality of government decision-making. In that capacity, he participated in dozens of regulatory proceedings on a diverse set of issues ranging from climate change to prison safety. He remains an active participant in environmental policy discussions. Livermore earned his J.D. magna cum laude from NYU Law, where he was a Furman Scholar, was elected to the Order of the Coif, and served as a managing editor of the Law Review. After law school, he spent a year as a fellow at NYU Law’s Center on Environmental and Land Use Law before clerking for Judge Harry T. Edwards on the U.S. Court of Appeals for the D.C. Circuit.
During the 2018-19 academic year, Livermore is leading an Online Workshop on the Computational Analysis of Law.
Senior Fellow, Resources for the Future
Richard Morgenstern's research focuses on the economic analysis of environmental issues with an emphasis on the costs, benefits, evaluation, and design of environmental policies, especially economic incentive measures. His analysis also focuses on climate change, including the design of cost-effective policies to reduce emissions in the United States and abroad.
Immediately prior to joining RFF, Morgenstern was senior economic counselor to the undersecretary for global affairs at the U.S. Department of State, where he participated in negotiations for the Kyoto Protocol. Previously he served at the U.S. Environmental Protection Agency, where he acted as deputy administrator (1993); assistant administrator for policy, planning, and evaluation (1991-93); and director of the Office of Policy Analysis (1983-95). Formerly a tenured professor at the City University of New York, Morgenstern has taught recently at Oberlin College, the Wharton School of the University of Pennsylvania, Yeshiva University, and American University. He has served on expert committees of the National Academy of Sciences and as a consultant to various organizations.
Partner, Gibson, Dunn & Crutcher, and Former United States Secretary of Labor
Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, co-chair of the firm’s Administrative Law and Regulatory Practice Group, and a senior member of the firm’s Labor and Employment Practice Group and Financial Institutions Practice Group. He returned to the firm after serving as U.S. Secretary of Labor from September 2019 to January 2021.
Mr. Scalia has a nationally-prominent practice in two areas: Labor and employment law, and advice and litigation regarding the regulatory obligations of federal administrative agencies. He also has extensive appellate experience. Federal regulatory actions he has challenged include the SEC’s “proxy access” rule; the CFTC’s “position limits’” rule; MetLife’s designation as “too big to fail” by the Financial Services Oversight Council; the Labor Department’s “fiduciary” rule; and OSHA’s “cooperative compliance program.”
As Labor Secretary, Mr. Scalia engaged at the highest level with national employment policy and matters affecting the financial services industry and international trade, overseeing the enforcement and administration of more than 180 federal employment laws covering more than 150 million workers and 10 million workplaces. He also served as Chair of the Board of Directors of the Pension Benefit Guaranty Corporation and as a member of the White House Coronavirus Task Force. He was closely involved in the drafting and implementation of the CARES Act and other coronavirus-related legislation. Laws administered by the Labor Department also include the workplace safety requirements of OSHA and the Mine Safety and Health Administration, federal minimum wage and overtime protections, the anti-discrimination requirements applicable to federal contractors, and ERISA’s protection of the more than $11 trillion held in employee retirement plans and health plans.
Mr. Scalia served from 2002 to 2003 as Solicitor of the U.S. Department of Labor, with responsibility for all Labor Department litigation and legal advice on rulemakings and administrative law. He is the only person to have served as both Solicitor and Secretary of Labor.
He also served at the U.S. Department of Justice as a Special Assistant to the Attorney General, receiving the Department’s Edmund J. Randolph Award in 1993.
In private practice, Mr. Scalia has represented employers in high-profile matters under the National Labor Relations Act and in class actions and collective actions under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, ERISA, and federal and state wage hour laws. He has extensive experience in federal district court, the courts of appeals, and in the arbitration of employment disputes. He has been a leading authority on “whistleblower” investigations and litigation since the 2002 enactment of the Sarbanes-Oxley Act. Mr. Scalia also counsels employers on reductions-in-force and the proper conduct of harassment and discrimination investigations. He has provided pro bono representation to workers in discrimination matters, wrongful separation disputes, and other matters.
Mr. Scalia is a Senior Fellow of the Administrative Conference of the United States, a federal agency that makes recommendations to Congress and the Executive Branch on ways to improve the administrative process. He is the author of more than 30 articles and papers on labor and employment law, administrative law, and other subjects. Among other accolades, he has been named an “Employment MVP,” a “Securities MVP,” and an “Appellate MVP” by Law360. The National Law Journal recognized Mr. Scalia as a “Visionary” for his litigation against financial regulatory agencies, and the Nation magazine has called him a “fearsome litigator.” He has been a Lecturer in labor and employment law at the University of Chicago Law School.
Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review. He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter for Education Secretary William J. Bennett before attending law school. Mr. Scalia and his wife Trish have seven children.
Garrick Professor in Law, The University of Queensland School of Law
James Allan is the Garrick Professor of Law at the University of Queensland. He is a native born Canadian who practised law at a large firm in Toronto and then at the Bar in London before moving to teach law in Hong Kong, New Zealand and then Australia. He has had sabbaticals at the Cornell Law School and the University of San Diego School of Law in the U.S. and at Osgoode Hall Law School and the Dalhousie Law School in Canada (where he was the Bertha Wilson Visiting Professor of Human Rights).
Prof. Allan has published widely in the areas of constitutional law, legal philosophy and bill of rights scepticism. His latest book, aimed at the educated layperson, came out recently. It is titled Democracy in Decline and is available from Connor Court in Australia and from MQUP in the U.S. and Canada. Prof. Allan also writes regularly for weeklies and monthlies, including being a regular contributor to The Australian, The Spectator Australia, and Quadrant. He was elected to the Mont Pelerin Society in 2011.
Associate Professor, Osgoode Hall Law School, York University
Dan Priel is associate professor at Osgoode Hall Law School, York University. He holds an LL.B. from Hebrew University in Jerusalem, where he graduated summa cum lauda. After clerking for Justice Dorit Beinisch of the Supreme Court of Israel, he pursued graduate studies at the University of Oxford, where he obtained a B.C.L., M.Phil. and a D.Phil. After completing his doctorate he spent two years at Yale Law School as Oscar M. Ruebhausen Fellow-in-Law. He has since taught at the University of Warwick in the UK and is currently teaching in Canada; he has also taught in Israel, China, and the United States. Prof. Priel published extensively in jurisprudence and various areas of law. His work appeared in leading journals in the U.S., Canada, the UK and Australia, including Law and Society Review, Legal Theory, Melbourne University Law Review, Oxford Journal of Legal Studies, Texas Law Review, Virginia Law Review, and the University of Toronto Law Journal. In 2013–14 he published two essays on Lon Fuller’s legal philosophy and has a continuing interest in his work.
David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia, and previously was Frank Stanton Professor of the First Amendment at Harvard University. A Fellow of the American Academy of Arts and Sciences and recipient of a Guggenheim Fellowship, Schauer is the author of The Law of Obscenity (BNA, 1976), Free Speech: A Philosophical Enquiry (Cambridge, 1982), Playing By the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life (Oxford, 1991), Profiles, Probabilities, and Stereotypes (Harvard, 2003), Thinking Like a Lawyer: A New Introduction to Legal Reasoning (Harvard, 2009), and The Force of Law (Harvard, 2015). The editor of Karl Llewellyn, The Theory of Rules (Chicago, 2011), and a founding editor of Legal Theory, he has chaired the Section on Constitutional Law of the Association of American Law Schools and the Committee on Philosophy and Law of the American Philosophical Association. In 2005 he wrote the Foreword to the Harvard Law Review’s Supreme Court issue, and has written widely on freedom of speech, constitutional interpretation, evidence, legal reasoning, and the philosophy of law.
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
Intellectual Property: The Role of Congress and Executive Agencies in 21st Century IP Regimes
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