Principal, Ely & Company, Inc.
Bert Ely has specialized in deposit insurance and banking structure issues since 1981. In 1986, he became an early predictor of the S&L crisis and a taxpayer bailout of the FSLIC. In 1991, he was the first person to correctly predict the non-crisis in commercial banking; in 1992, he predicted an eventual taxpayer bailout of the Japanese banking system.
Bert continuously monitors conditions in the banking and S&L industries, monetary policy, and the growing federalization of credit risk. He has helped to draft legislation to enact the cross-guarantee concept for privatizing banking regulation and its related deposit insurance and systemic risks. He has testified on numerous occasions before congressional committees on banking issues and he often speaks on these matters to bankers and others.
Bert first established his consulting practice in 1972. Before that, he was the chief financial officer of a public company, a consultant with Touche, Ross & Company, and an auditor with Ernst & Ernst. He received his MBA from the Harvard Business School in 1968 and his Bachelor's degree in economics in 1964 from Case Western Reserve University.
President, Center for Responsible Lending
Mr. Calhoun is President of the Center for Responsible Lending (CRL), a nonprofit, nonpartisan research and policy organization dedicated to protecting homeownership and family wealth by promoting access to fair terms of credit for low-wealth families. CRL has conducted or commissioned landmark studies on the impact of predatory lending laws, worked with states on legislative issues, and pressed for regulatory changes governing mortgage and payday lending. Mr. Calhoun has testified on the federal level in both the U.S House of Representatives and the U.S. Senate. He also currently serves as vice chair of the Federal Reserve Board’s Consumer Advisory Council.
CRL is an affiliate of the Center for Community Self-Help, a nonprofit community development lender, for which Mr. Calhoun has served as General Counsel. He also previously managed Self-Help’s home loan secondary market and real estate development programs. Self-Help’s mission is to create ownership and economic opportunity for women, rural residents and minority and low-wealth families through home mortgage and small business financing. It has provided over $5 billion in financing to more than 60,000 home buyers across the nation, with a loss rate of less than 0.5%.
Mr. Calhoun has specialized in consumer law for more than twenty five years. He has made presentations on predatory lending issues to many organizations, including the FDIC and the National Association of Attorneys General. He holds a B.A. in economics with honors from Duke University and a law degree from the University of North Carolina.
President, Canfield & Associates, Inc.
Anne Canfield is President of Canfield & Associates, Inc., a firm she formed in October 1996. Canfield & Associates, Inc. is a consulting firm providing strategic planning, policy advice, and representational services to major corporations on federal and state legislative and regulatory issues in the financial services, health care, tax, trade and budget policy areas. Ms. Canfield’s affiliated firm, Canfield Press, LLC, publishes The GSE Report, a publication that tracks and analyzes activities of the government-sponsored enterprises including Fannie Mae, Freddie Mac, the Federal Home Loans Banks, Ginnie Mae, Farmer Mac, the Postal Service, TVA, and assistance plans implemented by international governments to stabilize their financial systems. The GSE Report is distributed worldwide to public policy officials, academics, analysts, industry participants, and the media. Ms. Canfield’s firm also publishes the – Roadmap to Financial and Housing Market Stabilization Plans, a weekly publication that tracks the efforts of both the U.S.and worldwide governments to stabilize the financial system; Roadmap to the Dodd-Frank Act, a publication that tracks the requirements of the Act and the federal government’s agencies efforts to implement it; Roadmap to GSE Reform, a newer publication that tracks and compares the legislative initiatives that are being considered on Capitol Hill; The Mortgage Report, a quarterly publication that provides a comprehensive review of the legislative, regulatory and litigation challenges facing the mortgage industry; and the Washington Roundup, a weekly publication that summarizes the U.S. Government’s legislative and regulatory activities in key policy areas which are of interest to the firm’s clients. Prior to forming Canfield & Associates, Inc. Ms. Canfield was a Principal in the firm of McClure, Gerard & Neuenschwander, Inc. (MGN). Ms. Canfield joined MGN following ten years at GE/GE Capital Services. In that position, she developed and implemented corporate policy and legislative and regulatory strategies both domestically and abroad. Before joining GE Capital, Ms. Canfield had over eleven years of experience on Capitol Hill, working as a senior staff advisor for three Members of the U.S. House of Representatives, and then as the senior advisor and Senate Finance Committee aide to a member of the Senate Finance Committee. Ms. Canfield received degrees from Northwestern University and the University of Paris, Paris, France.
Senior Fellow, Mises Institute
Alex J. Pollock is a Senior Fellow with the Mises Institute, providing thought and policy leadership on financial issues and the study of financial systems. His work includes cycles of booms and busts, financial crises with their political responses, housing finance, government-sponsored enterprises, risk and uncertainty, central banking, banking and financial regulation, corporate governance, retirement finance, student loans, and the politics of finance.
He previously served as the Principal Deputy Director of the Office of Financial Research in the U.S. Treasury Department 2019-2021. He was a Distinguished Senior Fellow with the R Street Institute 2015-2019 and 2021, and a resident fellow at the American Enterprise Institute, 2004-2015. Among the many aspects of his AEI work, he developed the One Page Mortgage Form to give borrowers in clear form the key information they need in order to know what they are committing themselves to. He was President and CEO of the Federal Home Loan Bank of Chicago from 1991 to 2004. There he invented the Mortgage Partnership Finance program, which successfully created front-end mortgage credit risk sharing beginning in 1997. His decades of banking experience include being a Visiting Scholar at the Federal Reserve Bank of St. Louis, 1991.
Pollock was a director of the CME Group 2004-2019 and of Ascendium Education Group 1989-2019. He is a director and past-chairman of the Great Books Foundation and a past president of the International Union for Housing Finance.
He is the co-author of Surprised Again! - The COVID Crisis and the New Market Bubble (2022), and the author of Finance and Philosophy—Why We’re Always Surprised (2018) and Boom and Bust: Financial Cycles and Human Prosperity (2011), as well as numerous articles and Congressional testimony.
Pollock is a graduate of Williams College, the University of Chicago, and Princeton University.
His work is available on alexjpollock.com.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
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.
Professor of Law, UCLA School of Law
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
ABA Watch August 2012
Table of Contents
The ABA and Executive Power in the Obama Administration ABA House of Delegates Considers Policies...
ABA Urges Confirmation of Judicial Nominees
ABA Watch August 2012
On June 20, the ABA sent a letter to Senate Majority Leader Harry Reid and...
ABA Praises Decision in Arizona v. United States
ABA Watch August 2012
ABA President Bill Robinson praised the United States Supreme Court’s decision in Arizona v. United...
ABA Weighs in on Judicial Selection
ABA Watch August 2012
The ABA has long supported “merit” selection in appointing state-court judges over elections or the...
ABA House of Delegates Considers Policies on Religious Profiling, SLAPPs, and Campaign Finance
ABA Watch August 2012
Religious Profiling The Section of Individual Rights and Responsibilities Criminal Justice Section has proposed Recommendation...
The ABA and Executive Power in the Obama Administration
ABA Watch August 2012
In August 2006, ABA Watch examined the American Bar Association’s scrutiny of President George W....
Risk Retention on Mortgages: Boon or Costly Mistake? - Podcast
Bert Ely, Michael Calhoun, Anne Canfield, Alex J. Pollock, Dean Reuter
Financial Services & E-Commerce Practice Group Podcast
One of the major issues under the Dodd-Frank Act is required credit risk retention on...
Gunfight: The Battle Over the Right to Bear Arms in America - Faculty Book Podcast
Nelson Lund, Adam Winkler
Faculty Division Podcast 07-30-12 featuring Adam Winkler and Nelson Lund
Gunfight: The Battle Over the Right to Bear Arms in America tells the story of the...
An Attack on Separation of Powers and Federal Judicial Power? An Analysis of the Constitutionality of Section 18 of the America Invents Act
Charles J. Cooper, Vincent J. Colatriano
Engage Volume 13, Issue 2, July 2012
Note from the Editor: This paper analyzes constitutional challenges to Section 18 of the recently...
Sackett v. Environmental Protection Agency: Compliance Orders and the Right of Judicial Review
Damien Michael Schiff
Engage Volume 13, Issue 2, July 2012
The United States Supreme Court’s decision in Sackett v. Environmental Protection Agency1 promises to be important...