The Legal Legacy of Anna Nicole Smith: The 9th Circuit Defends the Constitution in Marshall v. Marshall
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George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
Chief Legal Officer, Paradigm
Vice-chair, U.S. Commission on Civil Rights, and Adjunct Scholar, American Enterprise Institute
Abigail Thernstrom is the vice-chair of the U.S. Commission on Civil Rights, and an adjunct scholar at the American Enterprise Institute. She was a senior fellow at the Manhattan Institute in New York from 1993 to 2009, and a member of the Massachusetts State Board of Education for more than a decade until her third term ended in November 2006. She also serves on the board of advisors of the U.S. Election Assistance Commission. She received her Ph.D. in 1975 from the Department of Government, Harvard University.
In 2007 she and her husband, Stephan Thernstrom, along with James Q. Wilson, Martin Feldstein, and John Bolton, were the recipients of a Bradley Foundation prizes for Outstanding Intellectual Achievement.
Thernstrom and her husband, Harvard historian Stephan Thernstrom, are the co-authors of No Excuses: Closing the Racial Gap in Learning (Simon & Schuster, October 2003), which has been awarded the 2007 Fordham Foundation prize for “for distinguished scholarship,” and was named by both the Los Angeles Times and the American School Board Journal as one of the best books of 2003.
They also collaborated on America in Black and White: One Nation, Indivisible (Simon & Schuster), which the New York Times Book Review, in its annual end-of-the-year issue, named as one of the notable books of 1997.
They are the editors of a Beyond the Color Line: New Perspectives on Race and Ethnicity. Their lengthy review of William G. Bowen and Derek Bok's much-noticed work, The Shape of the River, appeared in the June 1999 issue of the UCLA Law Review.
Whose Votes Count? Affirmative Action and Minority Voting Rights (Harvard University Press) won four awards, including the American Bar Association's Certificate of Merit, and the Anisfield-Wolf prize for the best book on race and ethnicity. It was named the best policy studies book of that year by the Policy Studies Organization (an affiliate of the American Political Science Association), and won the Benchmark Book Award from the Center for Judicial Studies. Along with her husband, she also won the 2004 Peter Shaw Memorial Award given by National Association of Scholars.
She is currently completing a book entitled Voting Rights and Wrongs: The Elusive Quest for Racially Fair Elections, and is working, as well, with her husband on another book with the tentative title of Don’t Call it Segregation: The Myth of Contemporary Apartheid. She (and two co-authors) submitted an amicus brief in Parents Involved in Community Schools v. Seattle, challenging the constitutionality of Seattle's racial balancing plan.
Her frequent media appearances have included Fox News Sunday, Good Morning America, and This Week with George Stephanopoulos. For some years, she was a stringer for The Economist, and continues to write for a variety of journals and newspapers, including the Wall Street Journal, the Los Angeles Times, the New York Times and the (London) Times Literary Supplement.
She serves on several boards, and from 1992 to 1997 was a member of the Aspen Institute's Domestic Strategy Group.
Vice President 2013-2014, Columbia Student Chapter
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Executive in Residence, Wake Forest University School of Business
John Allison is an Executive in Residence at the Wake Forest School of Business. He is a member of the Cato Institute’s Board of Directors and Chairman of the Executive Advisory Council of the Cato Institute’s Center for Monetary and Financial Alternatives. Allison was president and CEO of the Cato Institute from October 2012 to April 2015. Prior to joining Cato, Allison was chairman and CEO of BB&T Corporation, the 10th-largest financial services holding company headquartered in the United States. During his tenure as CEO from 1989 to 2008, BB&T grew from $4.5 billion to $152 billion in assets. He was recognized by theHarvard Business Reviewas one of the top 100 most successful CEOs in the world over the last decade.
Allison has received the Corning Award for Distinguished Leadership, been inducted into the North Carolina Business Hall of Fame, and received the Lifetime Achievement Award from theAmerican Banker. He is the author of The Financial Crisis and the Free Market Cure: Why Pure Capitalism Is the World Economy’s Only Hope and The Leadership Crisis and the Free Market Cure: Why the Future of Business Depends on the Return to Life, Liberty, and the Pursuit of Happiness. In addition, he is a former Distinguished Professor of Practice at Wake Forest University School of Business, and serves on the Board of Visitors at the business schools at Wake Forest, Duke, and the University of North Carolina–Chapel Hill.
Allison is a Phi Beta Kappa graduate of the University of North Carolina–Chapel Hill. He received his master’s degree in management from Duke University and is also a graduate of the Stonier Graduate School of Banking. Allison is the recipient of six honorary doctorate degrees.
Executive Vice President, U.S. Chamber Of Commerce
Former Congressman, United States House of Representatives
Bob Goodlatte served in the United States House of Representatives representing Virginia's 6th congressional district for 13 terms.
Goodlatte’s service to the people of the Sixth District began in 1977 when he became District Director for former Congressman Caldwell Butler. He served in this position for two years until 1979, and was responsible for helping folks across the District seeking assistance with or encountering problems from various federal agencies. In 1979, he founded his own private law practice in Roanoke. Later, he was a partner in the law firm of Bird, Kinder and Huffman, working there from 1981 until taking office.
Rep. Goodlatte was first elected to serve as Chairman of the House Judiciary Committee in the 113th Congress. He was the first Judiciary Committee Chairman from Virginia in the last 125 years. Rep. Goodlatte was an active Member of the Judiciary Committee since arriving in Congress, serving in a variety of leadership positions on the Committee including taking the lead on many intellectual property issues. During his time in Congress, Rep. Goodlatte made a name for himself as a leader on Internet and technology issues. He was Co-Chair of the Congressional Internet Caucus and the International Creativity and Theft-Prevention Caucus.
Rep. Goodlatte is a graduate of Washington and Lee University School of Law, and his undergraduate degree in Government was earned at Bates College in Lewiston, Maine.
Author, Cult of the Amateur: How the Internet Is Killing Our Culture
Columnist, The Hill
Merrill Matthews, Ph.D., was for 25 years a resident scholar with the Institute for Policy Innovation. Prior to that he was Vice President of Domestic Policy at the National Center for Policy Analysis. He is a public policy analyst specializing in health care, entitlements and energy issues and is the author of numerous public policy studies. He is past president of the Health Economics Roundtable for the National Association for Business Economics, the largest trade association of business economists.
For nine years Dr. Matthews was executive director of the Washington, DC-based Council for Affordable Health Insurance, a health insurance trade association. While he was executive director, National Journal recognized the Council as one of the most effective health policy organizations in Washington.
Dr. Matthews served for 10 years as a medical ethicist for the University of Texas Southwestern Medical Center’s Institutional Review Board for Human Experimentation. He is the co-author of On the Edge: America Faces the Entitlements Cliff (2019) and has contributed chapters to several books, including Physician Assisted Suicide: Expanding the Debate, The 21st Century Health Care Leader and, in 2009, Stop Paying the Crooks (on Medicare fraud). And for several years he co-authored a column on dental ethics for the Texas Dental Journal.
For several years he also served as chairman on the Texas Advisory Committee of the U.S. Commission on Civil Rights.
He is currently a weekly columnist for The Hill and has been published in numerous journals and newspapers, including the Wall Street Journal, the New York Times, Forbes, USA Today and the Washington Times.
Matthews is a frequent guest host on Point of View radio talk show, which airs nationwide. He was an award-winning political analyst for the USA Radio Network, and for several years had a daily one-minute commentary on Sirius-XM Radio. In 2008 and again in 2014, the BBC featured him in a television program on welfare reform in Great Britain, specifically Wales.
Dr. Matthews received a BBA in Economics from the University of Texas at Arlington, an M.Div. from Southwestern Baptist Theological Seminary, and has a Ph.D. in Humanities from the University of Texas at Dallas. And he is an 8th degree black belt in Tae Kwon Do.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
States Register of Copyrights, U.S. Copyright Office
Deputy Director General of Patents, World Intellectual Property Organization
Professor of Law, DePaul University College of Law
Joshua D. Sarnoff is a professor of law at DePaul University and a faculty member in and former director of the Center for Intellectual Property Law & Information Technology (CIPLIT®). He teaches patent law, advanced patent law, administrative law, law and climate change, and other intellectual property law courses. He was previously a professor at the Washington College of Law, American University, in the Glushko-Samuelson Intellectual Property Law Clinic, and at the University of Arizona College of Law. In academic year 2014-2015, Professor Sarnoff was a Thomas A. Edison Distinguished Scholar at the United States Patent and Trademark Office. He is a registered patent attorney and a member of the bars of Washington D.C. and California, a former member of the board of governors of the Federal Circuit Bar Association, and a member of the boards of directors and advisory boards of various nonprofit organizations. He has written numerous articles and book chapters on patent law and climate change and has been involved in a wide range of intellectual property legal and policy disputes. He has submitted testimony on domestic patent law reform bills, has filed numerous amicus briefs in the United States Supreme Court and in the U.S. Court of Appeals for the Federal Circuit on important patent law issues, has been a pro bono mediator for the Federal Circuit, and has been a consultant to the United Nations Conference on Trade and Development on international intellectual property, trade and environmental issues. Professor Sarnoff was formerly in the private practice of intellectual property, environmental, and food and drug law in Washington, D.C. He received his BS from MIT and JD from Stanford.
Professor of Law, Southern Illinois University School of Law
Professor Mark F. Schultz joined the faculty in 2003. He teaches and writes primarily in the area of intellectual property.
Professor Schultz is a frequent author and speaker known for his work on the law and economics of the global intellectual property system. In one of his most influential projects, he worked with the Organization for Economic Cooperation and Development (OECD) to construct a groundbreaking global trade secret protection index (the TSPI). The TSPI is influencing policy discussions on this cutting-edge topic in capitals around the world. Other recent projects have included an empirical study that quantified for the first time the backlogs in patent offices worldwide, a report on how patented innovation is meeting global health challenges, and the construction of a new global index of copyright strength.
Professor Schultz is an influential voice in public policy debates regarding intellectual property. He has testified before the U.S. Congress on copyright law at the invitation of the House Judiciary Committee and has briefed the staff of the U.S. Senate Judiciary Committee on trade secret legislation. He speaks frequently around the world about the connection between secure and effective intellectual property rights and flourishing national economies and individual lives, with invitations from the U.S. Patent and Trademark Office, the U.S. Trade Representative, and the U.S. Copyright Office, as well as numerous academic institutions, think tanks, and industry groups. He served as an NGO delegate to the World Intellectual Property Organization (WIPO) for several years during the WIPO Development Agenda talks. He is also one of the organizers of an ongoing multilateral diplomatic dialogue on best practices in national trade secret laws, and is co-founder of the Center for Protection of Intellectual Property (CPIP) at George Mason University in Washington, D.C.
Among the awards and recognition he has received for his scholarship was the School of Law's Outstanding Scholar of the Year award in 2008. He has been a distinguished visiting scholar at the University of Botswana and a visiting professor at DePaul University College of Law.
Professor Schultz graduated with honors from the George Washington University School of Law. Following law school, he was a judicial clerk for the Hon. Daniel M. Friedman of the United States Court of Appeals for the Federal Circuit in Washington, D.C., and the Hon. Eric G. Bruggink of the United States Court of Federal Claims. Prior to joining academia, he practiced law for a decade, serving as outside general counsel to several tech startups and helping technology companies to expand their businesses and commercialize their intellectual property in dozens of countries. He holds a B.A. in International Economics from George Washington University and has done PhD level coursework in development economics at Southern Illinois University.
He is active in leadership roles in local and national organizations. He has served as chair of the Federalist Society's Intellectual Property Practice Group and the AALS Section on Internet and Computer Law. He is an officer of the American Bar Association's International IP Committee of the International Law Section and the American Intellectual Property Law Association’s Trade Secret Law Committee. He currently is chair of the Academic Advisory Board of the Copyright Alliance.
Professor Schultz teaches Copyright Law, Trade Secret Law, Trademark Law, and a senior seminar on Intellectual Property and Global Development. He established and directs both the Specialization in Intellectual Property Law and the IP Semester in Practice Externship Program. He also co-founded a Legal Globalization Class, offered every other year, that takes students to South Africa and Botswana after spending a semester learning about the legal system, culture, history, and politics of southern Africa. The popular course is a once-in-a-lifetime experience that introduces students to leading lawyers, judges, government officials, and human rights advocates, taking them from Cape Town to Johannesburg to Gaborone as well as many popular destinations including game reserves, national parks, the Cape of Good Hope, and the Cradle of Humankind.
University of Pennsylvania Law School
Jonathan Klick’s work focuses on identifying the causal effects of laws and regulations on individual behavior using cutting-edge econometric tools. Specific topics addressed by Klick’s work include the relationship between abortion access and risky sex, the health behaviors of diabetics, the effect of police on crime, addiction as rational choice, how liability exposure affects the labor market for physicians, as well as a host of other issues. His scholarship has been published in numerous peer-reviewed economics journals, including The Journal of Economic Perspectives, The Journal of Law & Economics, The Journal of Law, Economics, and Organization, and The Journal of Legal Studies. He has also published papers in The Stanford Law Review, The Columbia Law Review, and The University of Chicago Law Review.
United States Court of Appeals, Second Circuit
Dennis Jacobs is the Chief Judge of the United States Court of Appeals for the Second Circuit. He became Chief Judge on October 1, 2006. At the time of his appointment in 1992, he was a partner in the New York law firm of Simpson Thacher & Bartlett.
Judge Jacobs received his B.A. degree from Queens College of the City University of New York in 1964; his M.A. degree from New York University in 1965; and his J.D. degree from the New York University School of Law in 1973.
Judge Jacobs was a lecturer in the English Department of Queens College of the City University of New York from 1967 until 1969. He was in private practice from 1973 with the New York law firm of Simpson, Thacher & Bartlett, serving as a partner there from 1980 until his judicial appointment.
In 1997-2004, Judge Jacobs was a member of the Committee on Judicial Resources of the Judicial Conference of the United States; starting in 1999 he was chair of that committee.
Judge Jacobs is a native of New York City.
Professor of Law; Director, Business Law Program, American University Washington College of Law
David V. Snyder is professor of law at the American University Washington College of Law and is the director of the Business Law Program. He was also a visiting professor of law at the University of Michigan from January to May 2024. He has been a regular visiting professor at the law school of the University of Paris II (Panthéon-Assas) since 2012, and during 2021-2022, he held a Fernand Braudel Senior Fellowship at the European University Institute (Florence). In 2014, he was awarded a McCormick Fellowship, during which he delivered the Wilson Memorial Lecture (University of Edinburgh).
Professor Snyder’s research and teaching interests are primarily in contracts and commercial law, including their U.S., international, and comparative aspects. He is known for his work on international commercial transactions and is the author (with Martin Davies) of International Transactions in Goods: Global Sales in Comparative Context (Oxford University Press 2014). More particularly, he has devoted considerable effort to using contracts to protect the environment and the human rights of workers in international supply chains, and his book (with Susan A. Maslow) Contracts for Responsible and Sustainable Supply Chains (American Bar Association 2023) includes the Model Contract Clauses produced by a working group and task force that he chairs for the ABA Business Law Section. He is also co-chair of a similar working group in Europe. He has published numerous journal articles and book chapters on these and other topics
A Louisiana native, Professor Snyder graduated summa cum laude from Tulane Law School after earning his undergraduate degree cum laude from Yale. He clerked for the Honorable John M. Duhé Jr. of the United States Court of Appeals for the Fifth Circuit and subsequently joined the D.C. firm of Hogan & Hartson (now Hogan Lovells). He began his academic career at Cleveland-Marshall College at Law Cleveland State University and then moved to Indiana University (Bloomington) before joining the faculty at Tulane Law School. He returned to Washington to accept his current appointment in 2006. In addition, Professor Snyder has served as a visiting professor at the University of Paris 10 (Nanterre La Défense), Boston University, and the College of William and Mary, and he has taught summer courses at the University of Mainz (Germany).
Professor Snyder was chair of the Section on Contracts of the Association of American Law Schools (2005-2006) and chaired the Washington steering committee for the XVIIIth International Congress of Comparative Law (2010). He is an elected member of the American Law Institute, a titular member of the International Academy of Comparative Law, and has served on the board of directors of the Washington Foreign Law Society, the board of editors of the American Journal of Comparative Law, and the scientific council of the French Journal of Legal Policy