Judge, United States Court of Appeals for the Sixth Circuit
Ben Flowers is a judge on the United States Court of Appeals for the Sixth Circuit. President Donald J. Trump appointed Judge Flowers to the bench in 2026. At the time of his nomination, Flowers worked as a partner at Ashbrook Byrne Kresge Flowers, in Ohio. Before that, Judge Flowers served as Ohio’s Tenth Solicitor General. In that role he regularly represented the State of Ohio before the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, and the Supreme Court of Ohio.
Judge Flowers is a graduate of The Ohio State University and the University of Chicago Law School. He served as a law clerk for Sandra Ikuta of the U.S. Court of Appeals for the Ninth Circuit and for Justice Antonin Scalia of the Supreme Court of this United States.
Andrew Sabin Professor of Professional Practice and Founder and Faculty Director of the Sabin Center for Climate Change Law, Columbia University Law School
The founder and faculty director of the groundbreaking Sabin Center for Climate Change Law and one of the foremost environmental lawyers in the nation, Michael Gerrard is an advocate, litigator, teacher, and scholar who has pioneered cutting-edge legal tools and strategies for addressing climate change. He writes and teaches courses on environmental law, climate change law, and energy regulation. He was the chair of the faculty of Columbia University’s renowned Earth Institute from 2015 to 2018 and now holds a joint appointment to the faculty of its successor, the Columbia Climate School.
For three decades, before joining the Columbia Law School faculty in 2009, Gerrard practiced law in New York, most recently as the partner in charge of the New York office of Arnold & Porter. As an environmental lawyer, he tried numerous cases and argued many appeals in federal and state courts and administrative tribunals. He also handled the environmental aspects of diverse transactions and development projects and provided regulatory compliance advice to an array of clients in the private and public sectors. Several publications rated him the leading environmental lawyer in New York and one of the leaders in the world.
President Emeritus, Yale Student Chapter
Senior Attorney, Institute for Justice
Rob Johnson is a senior attorney at the Institute for Justice, where he litigates to protect private property, free speech, and other individual rights. Rob is a nationally-recognized expert on civil forfeiture. He previously represented a series of small business owners who had their entire bank accounts seized by the IRS, and he launched an initiative that resulted in the IRS reopening hundreds of closed forfeiture cases and returning millions of dollars. He has also litigated cases challenging the constitutionality of civil forfeiture procedures, and he scored a victory striking down a forfeiture program as a violation of due process.
Beyond civil forfeiture, Rob has litigated cases defending a range of constitutional rights. He was part of teams that successfully challenged occupational licensing requirements for tour guides in Savannah and Charleston. He also developed a class action lawsuit fighting the NYPD’s use of a draconian “no-fault eviction” statute to coerce residents to waive their constitutional rights, which led New York City to reform the challenged law.
Rob’s writing has been published in the Wall Street Journal, Washington Post, Politico, and Reason, among other venues. Rob has testified about occupational licensing before the House and Senate Judiciary Committees and has twice testified about civil forfeiture before the House Ways & Means Oversight Subcommittee. He has also testified before state legislatures across the country.
From 2014-2017, Rob served as IJ’s first Elfie Gallun Fellow for Freedom and the Constitution. In that role, Rob wrote and spoke about the vital role the U.S. Constitution plays in protecting our most precious freedoms. He is currently at work on a book about the Fourteenth Amendment.
Rob studied literature and anthropology at Columbia University, and he studied law at Harvard Law School. Upon graduation, he clerked for Chief Judge Alex Kozinski on the Ninth Circuit and for Justice Anthony Kennedy on the Supreme Court.
Rob lives in Cleveland with his wife and two daughters—all named after characters in Shakespeare plays—and is an amateur large format photographer.
Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
Partner, Keller Postman LLP
JJ Snidow is a Partner at Keller Postman where he specializes in civil litigation in the trial courts. His area of practice focuses on product liability, consumer protection, and antitrust. Before joining Keller Postman, he practiced in DC at Wilkinson Stekloff, a defense-side trial firm. He clerked for Judge Raymond M. Kethledge on the Sixth Circuit, Judge Amul R. Thapar on the Eastern District of Kentucky, and Justice Anthony M. Kennedy on the Supreme Court. He was formerly chairman of the Federalist Society's emerging leaders council, and in law school he served as president of the Yale chapter.
Associate Clinical Professor of Law, Rutgers Law School
Kelly J. Deere is a graduate of Northwestern University School of law and Cornell University. Prof. Deere currently is a full-time faculty member at Rutgers teaching Legal Analysis, Writing, Research and Skills (LAWRS). Prof. Deere taught as a part-time instructor in both the day and evening program teaching both LAWRS and Advanced Legal Writing.
Prof. Deere was an adjunct instructor at Seton Hall University School of Law from 2011-2014. From 2010-2018, Ms. Deere was Of Counsel to the firm Kates, Nussman, Rapone, Ellis & Farhi in Hackensack, N.J. Ms. Deere was brought in as an experienced attorney to assist the firm in its litigation and zoning cases.
Prof. Deere began her legal career at the firm of Donovan Leisure Newton & Irvine in New York where she practiced commercial litigation and bankruptcy. Prof. Deere also worked as a trial attorney for the Administration for Children’s services handling hundreds of abuse and neglect cases from inception through trial. Prof. Deere transitioned to GMHC, Inc. – the largest private AIDS organization in the world where she was initially responsible for managing its family law practice and eventually supervised the majority of the legal department including family law, housing rights, social security law, trusts and estates and bankruptcy.
Senior Litigation Counsel, New Civil Liberties Alliance
Peggy Little, Senior Counsel at New Civil Liberties Alliance, a new public interest law firm challenging the administrative state founded in 2017 by Professor Philip Hamburger, has over three decades of experience as a trial and appellate litigator in complex, high-stakes regulatory, mass-tort, class-action, products liability, securities, commercial and civil rights litigation representing individuals and high-profile litigants including Fortune 50 companies, financial institutions, public companies, and universities in state and federal courts, including the United States Supreme Court.
Peggy is a graduate of Yale College and Yale Law School, where she was awarded the Potter Stewart Prize. She was a law clerk to the Hon. Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. Prior to starting her own trial and appellate law firm in 1997, where she was appellate consulting counsel to the New Haven firefighters in Ricci v.DeStefano, a landmark 2009 United States Supreme Court decision, Peggy was a partner at Tyler, Cooper & Alcorn in New Haven, Connecticut. From 2004 to early 2018, Peggy directed, part-time, the Federalist Society Pro Bono Center.
Peggy has participated in many national conferences and symposia addressing issues of current importance in constitutional law – specifically state and federal constitutional questions regarding the separation of powers and the first amendment – and regularly speaks, blogs and publishes on the topic of the unconstitutional exercise of governmental power. In May of 2017, she presented her paper, Pirates at the Parchment Gates, to a conference of state and federal judges at the Law and Economics Center at the Antonin Scalia Law School. Her work has been published by law reviews, legal publications, the Federalist Society, the Wall Street Journal, Law and Liberty and the Manhattan Institute.
Recent publications include: How the SEC silences its critics, The SEC should listen to Sen. Cotton, Lucia v. SEC, Opening Salvos in the Opioid Litigation Wars, Straight Dope on the Opioid Crisis
Litigation Counsel, New Civil Liberties Alliance
Jenin Younes is Litigation Counsel for the New Civil Liberties Alliance. Having always been a passionate advocate for individual liberties, Jenin spent the first part of her career as an appellate public defender, providing representation to indigent clients convicted of criminal offenses in New York City. In this capacity, she briefed and argued countless appeals in New York’s Appellate Division, Second Department, and several cases in the New York State Court of Appeals. She also represented individuals at civil hearings in trial court.
Jenin holds a B.A. from Cornell University and a J.D. from New York University School of Law.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair and Professor of Government, University of Texas at Austin School of Law
Sanford Levinson, who holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, joined the University of Texas Law School in 1980. Previously a member of the Department of Politics at Princeton University, he is also a Professor in the Department of Government at the University of Texas. Levinson is the author of approximately 400 articles, book reviews, or commentaries in professional and popular journals--and a regular contributor to the popular blog Balkinization. He has also written six books: Constitutional Faith (1988, winner of the Scribes Award, 2d edition 2011); Written in Stone: Public Monuments in Changing Societies (1998); Wrestling With Diversity (2003); Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It)(2006); Framed: America's 51 Constitutions and the Crisis of Governance (2012); An Argument Open to All: Reading the Federalist in the 21st Century (2015); and, with Cynthia Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and teh Flaws that Affect Us Today (forthcoming, September 2017). Edited or co-edited books include a leading constitutional law casebook, Processes of Constitutional Decisionmaking (6th ed. 2015, with Paul Brest, Jack Balkin, Akhil Amar, and Reva Siegel); Nullification and Secession in Modern Constitutional Thought (2016); Reading Law and Literature: A Hermeneutic Reader (1988, with Steven Mallioux); Responding to Imperfection: The Theory and Practice of Constitutional Amendment (1995); Constitutional Stupidities, Constitutional Tragedies (1998, with William Eskridge); Legal Canons (2000, with Jack Balkin); The Louisiana Purchase and American Expansion (2005, with Batholomew Sparrow); Torture: A Collection (2004, revised paperback edition, 2006); and The Oxford Handbook on the United States Constitution (with Mark Tushnet and Mark Graber, 2015). He received the Lifetime Achievement Award from the Law and Courts Section of the American Political Science Association in 2010.
He has been a visiting faculty member of the Boston University, Georgetown, Harvard, New York University, and Yale law schools in the United States and has taught abroad in programs of law in London; Paris; Jerusalem; Auckland, New Zealand; and Melbourne, Australia. He was a Fellow at the Institute for Advanced Study in Princeton in 1985-86 and a Member of the Ethics in the Professions Program at Harvard in 1991-92. He is also affiliated with the Shalom Hartman Institute of Jewish Philosophy in Jerusalem. A member of the American Law Institute, Levinson was elected to the American Academy of Arts and Sciences in 2001. He is married to Cynthia Y. Levinson, a writer of children's literature, and has two daughters and four grandchildren.
Clinical Professor of Law, Cornell Law School
William A. Jacobson is a Clinical Professor of Law and Director of the Securities Law Clinic.
He is a 1981 graduate of Hamilton College and a 1984 graduate of Harvard Law School. At Harvard he was Senior Editor of the Harvard International Law Journal and Director of Litigation for the Harvard Prison Legal Assistance Project.
Prior to joining the Cornell law faculty in 2007, Professor Jacobson had a highly successful civil litigation and arbitration practice in Providence, Rhode Island, concentrating in investment, employment, and business disputes in the securities industry, including many high profile cases reported in leading newspapers and magazines.
Professor Jacobson has argued cases in numerous federal and state courts, including the Courts of Appeal for the First, Fifth and Sixth Circuits, and the Rhode Island Supreme Court.
Professor Jacobson has a national reputation as a leading practitioner in securities arbitration. He was Treasurer, and is a former member of the Executive Committee and Board of Directors of the Public Investors Arbitration Bar Association, a professional organization of attorneys dedicated to protecting public investors. He frequently is quoted in national media on issues related to investment fraud and investor protection, and in the past has served as one of a small number of private practice attorneys who trained new arbitrators for the Financial Industry Regulatory Authority.
Professor Jacobson is co-author of the Securities Arbitration Desk Reference (Thomson-Reuters), updated annually.
Professor Jacobson also is the founder and publisher of Legal Insurrection, a popular politics and law website. He is frequently quoted in the media on political and legal topics, has authored many Op-Eds in major publications, and appears on television and radio to discuss politics and the law.
Associate Professor of Health Care Policy, Department of Health Care Policy, Harvard Medical School
Ateev Mehrotra, MD, MPH, is an associate professor of health care policy and medicine at Harvard Medical School and a hospitalist at Beth Israel Deaconess Medical Center.
Much of Dr. Mehrotra’s research is focused on delivery innovations such as retail clinics, e-visits, and telemedicine, including their impact on quality, costs, and access to health care. He is also interested in the role of consumerism and whether price transparency and public reporting of quality can impact patient decision making. Related work has focused on the impact of new payment models and quality measurement, including how natural language processing can be used to analyze the data in electronic health records.
Co-Founder and Managing Partner, Nixon Gwilt Law
Carrie Nixon, Esq. is the Co-Founder and Managing Partner of Nixon Gwilt Law, a law firm focused exclusively on healthcare innovation. She also serves as Special Advisor to Empactful Capital, a healthcare venture capital firm based in Silicon Valley. Carrie is an expert in healthcare law and policy issues relating to healthcare innovation, including Remote Patient Monitoring, telehealth, mHealth apps, healthcare predictive analytics, personalized medicine, and value-based delivery/reimbursement arrangements such as Value-Based Enterprises (VBEs), Accountable Care Organizations (ACOs) and other Alternative Payment Models (APMs). She provides counseling in healthcare regulatory compliance matters and strategy advice regarding business models and healthcare transactions. Carrie represents digital health companies and healthcare startups, along with hospitals and health systems, individual physicians and large physician groups, pharmacies, and post-acute care providers.
As a longtime attorney for a variety of clients in the assisted living and long-term care industry, Carrie has on-the-ground experience with the unique challenges facing those who serve our aging population. She has successfully defended these clients against malpractice claims and deficiency citations, helping them to navigate the ever-changing regulatory and risk management landscape.
CEO and Co-Founder, Emocha Health
Sebastian is CEO and co-founder of emocha and responsible for overall company strategy and management. Prior to emocha, he was CEO and co-founder of a German retail chain that scaled nationally to over 25 locations and more than 200 employees.
Partner, Pillsbury Winthrop Shaw Pittman LLP
Richard Blaylock’s practice covers financing, M&A, licensing, collaboration and partnering arrangements, and intellectual property counseling for start-up and established companies whose value derives from innovative technology.
Richard is well-versed in a wide array of technologies, including those germane to both life sciences (pharmaceuticals, biologics, and diagnostics) as well as high technology (software, robotics, wireless, novel materials, and pollution control). He has counseled companies across a wide range of technologies with respect to company formation, licensing, partnering and collaborations, financing and intellectual property strategy, as well as patent, license, trademark, trade secrets and unfair competition disputes.
Former Chief Judge, United States Court of Appeals for the Federal Circuit
Judge Michel served for more than 22 years on the Federal Circuit, retiring on May 31, 2010. From December 25, 2004 until his retirement, he also discharged the duties of Chief Judge of this national court, serving simultaneously on the U.S. Judicial Conference -- the Judiciary's governing body -- and by appointment of the Chief Justice on its seven-judge Executive Committee.
He judged several thousand appeals and authored more than 800 opinions, one third concerning intellectual property law. Intellectual Asset Management magazine inducted him into its Hall of Fame and he was designated one of the 50 most influential leaders in intellectual property law in the world. His contributions were also recognized by lifetime achievement and similar awards by the American Intellectual Property Law Association (AIPLA); Intellectual Property Owners Education Foundation (IPO); the American Bar Association's Intellectual Property Section; Managing Intellectual Property magazine; the Sedona Conference; the Patent and Trademark Office Society (PTOS); the New York, Chicago, Philadelphia, and Los Angeles Intellectual Property Law Associations; and the William C. Connor, the Giles S. Rich, and the Richard Linn Intellectual Property American Inns of Court. In 2010 the Los Angeles IP Inn was renamed in his honor as the Paul R. Michel IP Inn.
Judge Michel received the Jefferson Medal, the Eli Whitney Award, and the Katz-Kiley Prize as well as Honorary Doctor of Law degrees from the Catholic University of America and the John Marshall Law School. He is a lifetime Member of Honore of FICPI, the international association of private practitioners of intellectual property law. Williams College granted him the Kellogg Award for "outstanding leadership in law and public service."
Judge Michel has written numerous articles on patent law and advocacy, taught related courses and master classes at George Washington University, the University of Akron, and John Marshall law schools, serving as well on their IP advisory boards and on counterpart boards at the universities of California (Berkley), Washington, and Maryland. He co-authored a casebook, Patent Litigation and Strategy (West, 1999) and an August 2010 editorial in the New York Times on strengthening the patent system to promote prosperity and create new jobs.
A frequent speaker at conferences and law schools during his judicial tenure and since, he retired from a lifetime appointment to be free to speak out on the national need for better patent policy and protection of intellectual property and the vital, unmet resource needs of the courts, the PTO, the International Trade Commission, and other IP-related agencies. He was appointed Distinguished Scholar in Residence by IPO, following his retirement. Judge Michel also consults for law firms and their clients in intellectual property litigations, conducting moot courts, mock trials, case evaluations, editing briefs, advising on strategy and providing mediation and arbitration services.
Dinsmore & Shohl LLP, Partner
Brian is chair of Dinsmore’s IP Transactions and Licensing Group. He is a past president of the Licensing Executives Society (USA and Canada), Inc. (LES), the leading professional society devoted to commercial transactions and licensing of intangible property. He continues to serve LES as senior vice president for public policy. He has extensive experience in a wide variety of commercial transactions involving intangible property, and is known for creative licensing strategies to promote collaboration and resolve IP-related disputes.
He is a registered patent attorney with more than 30 years of experience before the U.S. Patent and Trademark Office and in structuring global IP portfolios and strategies. He has extensive experience in contested proceedings before the USPTO Patent Trial and Appeal Board (interferences, Inter Partes Reviews and Post Grant Reviews), as well as contested matters in federal courts and the International Trade Commission. His wide-ranging experience affords a broad, informed perspective and facilitates creative approaches to intellectual property management, licensing, and enforcement.
In addition to his leadership of LES, Brian served on the LES Board of Directors 2007 – 2018. In his ongoing role as senior vice president for public policy he is responsible for coordinating the society’s public policy positions, amicus briefs, and congressional outreach. He works with legislators, the executive branch, and the courts toward consistent, reliable, and prudent IP laws and policies that advance innovation and economic development. He has also served LES as trustee for education, and has long served as an author, editor, and faculty member of LES educational programs focusing on best practices in IP licensing.
He is also active in the global society, LES International (LESI). Among his various roles in LESI, he has served as co-chair of the External Relations Committee, coordinating public policy and advocacy for effective IP laws and policies among the 33 regional LES societies, and with various non-governmental organizations such as WIPO and EPO. In 2019, he received the LES International President’s Service Recognition Award.
Brian also serves as Chair of the Board of Directors of the Bayh Dole Coalition, a 501(c)(4) corporation dedicated to promoting and preserving the Bayh Dole Act. He is a member of the Founding Board of Directors of the United States Intellectual Property Alliance (USIPA), an organization dedicated to raising public awareness of, and appreciation for, the role of IP in fostering innovation for the public good; and he has served on the DC Bar Intellectual Property Section Steering Committee (2013 – 2016).
In 2016, Brian testified before the U.S. Senate Committee on Small Business and Entrepreneurship on the effects of the America Invents Act on small business and entrepreneurs in a hearing entitled “An Examination of Changes to the U.S. Patent System & Impacts on America's Small Businesses.”
With his longstanding and diverse patent practice, in both private practice and in-house, Brian advises corporate leaders and entrepreneurs in effective IP procurement practices, and in maximizing value from IP assets. He has been retained as a testifying witness in IP and licensing disputes by the U.S. Department of Justice, the U.S. Department of the Treasury, and by various private enterprises.
Brian has been acknowledged by IAM magazine as among its “IAM Strategy 300”, the world’s leading IP strategists, and among “The World's Leading Patent and Technology Licensing Lawyers.”
He earned B.S. and M.S. degrees from the Department of Chemistry, Rochester Institute of Technology, Rochester, NY; and Juris Doctor from Syracuse University, College of Law, Syracuse, NY (1986).
Brian has served his alma mater as president of the RIT Alumni Association 2005 – 2009; and now serves on the RIT Board of Trustees as a member of its Executive Committee, chair of its Student Life Committee, and vice-chair of its Committee on Trustees. In 2013, Brian was awarded RIT’s Outstanding Alumnus Award, and in 2005 he was awarded the Distinguished Alumnus Award by RIT’s College of Science.
Deputy General Counsel and Vice President for Intellectual Property, Biotechnology Industry Organization
Hans Sauer is Deputy General Counsel for Intellectual Property for the Biotechnology Industry Organization, a major trade association representing over 1,100 biotechnology companies from the medical, agricultural, environmental and industrial sectors in the United States and 31 other countries. At BIO, Dr. Sauer advises the organization’s board of directors, amicus committee, and various staff committees on patent and other intellectual property-related matters. Prior to taking his current position at BIO in 2006, he was Chief Patent Counsel for MGI Pharma, Inc. in Bloomington MN, and Senior Patent Counsel for Guilford Pharmaceuticals Inc. in Baltimore, MD. Hans has 18 years of in-house experience in the biotechnology industry, first as a research scientist and later as a lawyer. His scientific work was in the area of age-related neurological disorders; after becoming a lawyer he worked on several drug development programs, being responsible for patent prosecution and portfolio oversight, clinical trial health information privacy, and sales and marketing legal compliance. He did his postdoc at Genentech in South San Francisco, and holds a M.S. degree from the University of Ulm in his native Germany; a Ph.D. in Neuroscience from the University of Lund, Sweden; and a J.D. degree from Georgetown University, where he serves as adjunct professor.
Lecturer on Law, Harvard Law School
Harvard Law School
David Silberman has been involved in consumer finance issues from a wide range of perspectives for over three decades. As President and CEO of Union Privilege, an affiliate of the AFL-CIO, he led the development and oversaw the delivery of a range of consumer financial products and services to union members. After leaving Union Privilege, Mr. Silberman served as General Counsel and Executive Vice President of the Kessler Financial Services, a privately-held company providing marketing and advisory services to financial institutions and their affinity-group partners.
Following the passage of the Dodd-Frank Act in 2010, Mr. Silberman joined the implementation team for the Consumer Financial Protection Bureau and in 2011 was named the Associate Director for the Division of Research, Markets, and Regulations. In 2016-2017, he also served as the Acting Deputy Director for the CFPB. Mr. Silberman retired from the CFPB in 2020, and now serves as a Senior Fellow at the Center for Responsible Lending , Senior Advisor to the Financial Health Network, and an Adjunct Professor at the McCourt School for Public Policy at Georgetown University. He also serves on the Advisory Board of the Alliance for Innovative Regulation and as a member of the Advisory Committee of FinRegLab.
Mr. Silberman is a graduate of Brandeis University and of the Harvard Law School. He began his legal career as a law clerk to Chief Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit and Supreme Court Justice Thurgood Marshall. Before becoming involved with consumer financial services, Mr. Silberman was a labor lawyer with the firm of Bredhoff & Kaiser and as Deputy General Counsel of the AFL-CIO.
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.
Managing Director, Banking Supervision and Regulation Group, Patomak Global Partners
Brian Johnson is Managing Director in the Banking Supervision and Regulation Group at Patomak Global Partners.
In this role, Mr. Johnson spearheads projects related to the regulation of consumer financial products under Keith Noreika, Executive Vice President and Chairman of the Banking Supervision and Regulation Group and former acting Comptroller of the Currency.
Prior to joining Patomak, Mr. Johnson was a partner in Alston & Bird LLP’s financial services and products group. There, he advised financial institutions on consumer finance regulatory issues relating to product compliance, examination, enforcement investigations, and compliance management systems, and on strategic engagement with independent federal regulatory agencies and with Congress.
Mr. Johnson previously served as Deputy Director of the Consumer Financial Protection Bureau (CFPB), where he oversaw the agency’s rulemaking, supervision, and enforcement activities. He conceived and led the creation of high-profile agency initiatives, including the Office of Innovation, Taskforce on Federal Consumer Financial Law, policy symposia series, and Start Small, Save Up emergency savings program. He also served as the CFPB representative to the Financial Stability Oversight Council Deputies’ Committee and advised on interagency matters involving the Federal Deposit Insurance Corporation and the Federal Financial Institutions Examination Council.
Mr. Johnson held various positions on Capitol Hill, including policy director and chief financial institutions counsel on the House Committee on Financial Services, where his portfolio covered consumer protection and credit, mortgage origination, credit reporting, banking, and data security. His efforts on the committee involved drafting legislation to provide regulatory relief to bank, credit union, and nondepository financial institutions, as well as conducting oversight of the activities of the CFPB, Financial Stability Oversight Council, Federal Deposit Insurance Corporation, Office of Financial Research, Office of the Comptroller of the Currency, Federal Reserve System, and National Credit Union Administration.
Mr. Johnson received his juris doctorate from the University of Virginia School of Law and his bachelor’s in economics from the University of Virginia.
Senior Research Associate, Urban Institute
Yonah Freemark is senior research associate in Metropolitan Housing and Communities at the Urban Institute. His research focuses on the intersection of land use, affordable housing, and transportation. He has published peer-reviewed scholarship in numerous journals, including Urban Affairs Review, Politics & Society, Housing Policy Debate, and the Journal of the American Planning Association.
Previously, Freemark worked for Chicago’s Metropolitan Planning Council and has written for the New York Times, Next City, and CityLab, among others. He holds master’s degrees in both city planning and in transportation, as well as a PhD in urban studies from MIT.
Senior Research Fellow, Mercatus Center, George Mason University
Emily Hamilton is a Senior Research Fellow and Director of the Urbanity Project at the Mercatus Center at George Mason University. Her research focuses on urban economics and land-use policy. Hamilton has authored numerous academic articles and policy papers. Her writing has appeared in USA Today, the Washington Post, and the Los Angeles Times. She contributes to the blog Market Urbanism. Hamilton received her PhD in economics from George Mason University.
Attorney, Pacific Legal Foundation
Luke A. Wake is an attorney at the Pacific Legal Foundation. Prior to joining PLF, he was a senior staff attorney at the NFIB Small Business Legal Center.
Wake has particular expertise on environmental and land use issues, and has worked on numerous other constitutional issues and matters of importance to small business owners. He is an ardent defender of private property rights, which he believes are essential to the free enterprise system and the foundation of American liberty. As a strong advocate of individual rights and economic liberties, he has built his career defending small business interests.
Wake has focused on a whole host of issues, from employment law matters to regulatory compliance. In addition to serving as a resource for small business owners, Wake is committed to ensuring that the voice of small business is heard in the nation’s courts. As an appellate practitioner, Wake has focused particularly on informing the courts on matters of administrative law and on issues under the Fifth Amendment’s Takings Clause. He is also working to advance small business interests in law review articles, and was recently published in the Berkeley Journal of Law & Ecology. See R.S. Radford & Luke A. Wake, Deciphering and Extrapolating: Searching for Sense in Penn Central, 38 Ecology L.Q. 731, 746-747 (2011).
Before joining the Legal Center’s team, Wake completed a prestigious two-year fellowship as an attorney in the Pacific Legal Foundation’s College of Public Interest Law. Wake is a graduate of Case Western Reserve University School of Law in Cleveland Ohio, and is a member of the California Bar. He completed his undergraduate studies at Elon University in North Carolina in 2006 where he focused on political theory and corporate communications.
Senior Counsel, Committee on Oversight and Government Reform, U.S. House of Representatives
Daniel Flores is a Senior Counsel on the Republican staff of the Committee on Oversight and Government Reform, U.S. House of Representatives. Prior to his current position, he served in the House as Chief Counsel for the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Before coming to the House, he served as an Acting Associate Deputy General Counsel for the U.S. Environmental Protection Agency and in other roles in EPA's Office of General Counsel, as a Senior Trial Attorney for the U.S. Department of Justice, Environment and Natural Resources Division, and as an attorney in private practice in Washington, D.C. He serves as a House liaison to the Administrative Conference of the United States and has served on the Council of the American Bar Association’s Section on Administrative Law & Regulatory Practice.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Professor of Practice and Distinguished Scholar in Residence; Co-Director of the Legislative and Regulatory Process Clinic, New York University School of Law
Sally Katzen served in the Clinton administration as administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB), as deputy assistant to the president for economic policy and deputy director of the National Economic Council in the White House, and then as the deputy director for management at OMB. She served as the head of the Agency Review Group for the Obama/Biden transition with responsibility for the Executive Office of the President and all government-wide agencies. She has taught both undergraduates and at various law schools. She is a member of the American Law Institute and the National Academy of Public Administration, has served on multiple panels for the National Academy of Sciences, testified frequently before Congress, and is on the board of several non-profit organizations. Before joining the Clinton administration, Katzen was a partner in the Washington, DC, law firm of Wilmer, Cutler & Pickering, specializing in regulatory and legislative matters, while serving in leadership roles in the American Bar Association (including chair of the Section on Administrative Law and Regulatory Practice and as DC delegate to the ABA’s House of Delegates), as president of the Federal Communications Bar Association and as president of the Women’s Legal Defense Fund. She graduated from Smith College and the University of Michigan Law School, where she was the first woman editor-in-chief of the Law Review. She clerked for Judge J. Skelly Wright of the United States Court of Appeals for the District of Columbia Circuit and served in the Carter administration as the general counsel of the Council on Wage and Price Stability in the Executive Office of the President.
Showcase Panel 4: Science in the Courts After COVID and Skrmetti
Benjamin M. Flowers, Michael Gerrard, David Haungs, Robert E. Johnson, Jenn L. Mascott, J.J. James Snidow
CLE credit for this event is available at On-Demand CLE. From litigation challenging COVID regulations to...
Emergency Powers in the Pandemic [The FedSoc Films Podcast]
Kelly Deere
In this episode of the FedSoc Films Podcast, Kelly Deere, Professor of Law at Rutgers...
Government Censorship, Disinformation, and Scientific Consensus – A Litigation Update on Missouri v. Biden & Hoeg v. Newsom
Margaret A. Little, Jenin Younes
How are we to understand scientific consensus? Who is authorized to speak on behalf of...
Revisiting Jacobson
Josh Blackman, Sanford V. Levinson
In 1905, the U.S. Supreme Court decided Jacobson v. Massachusetts, upholding a state's ability to enforce compulsory...
Litigation Update: New York's Covid Therapeutics Case
William Jacobson
New York’s response to the Covid-19 pandemic has been widely criticized, triggered an FBI investigation, and repeatedly landed...
Telehealth: The Regulatory Frontier
Ateev Mehrotra, Carrie Nixon, Sebastian Seiguer
In response to the COVID-19 pandemic, governments across the United States relaxed restrictions on telemedicine,...
Deep Dive Episode 177 – Patents and Pandemics: Innovation Policy and the Patent Waiver Petition at the WTO
Richard Blaylock, Paul Redmond Michel, Brian O'Shaughnessy, Hans Sauer
India and South Africa have submitted a petition to the World Trade Organization seeking a...
Deep Dive Episode 166 – The CFPB Taskforce Report on Federal Consumer Financial Law
David Silberman, Todd J. Zywicki, Brian C. Johnson
Recent years have seen a dramatic shift in the way in which American consumers use...
Deep Dive Episode 157 – Regulating Land Use During a Pandemic
Yonah Freemark, Emily Hamilton, Luke A. Wake
The COVID-19 pandemic has caused significant changes in urban land use. Where possible, companies have...
Deep Dive Episode 152 – COVID-19 Regulatory Waivers and Suspensions: What Will the Biden Administration Do?
Daniel M. Flores, Karen Harned, Sally Katzen
Following the onset of the COVID-19 pandemic, the Trump administration waived or suspended enforcement of...