Wayne A. Abernathy, Wild Bells
Wayne A. Abernathy is a former U.S. Treasury Assistant Secretary for Financial Institutions under President George W. Bush, receiving the Alexander Hamilton Award in recognition of his service. In that office he was also a member of the Board of Directors of the Securities Investor Protection Corporation. Prior to his work at the Treasury, Mr. Abernathy served as Staff Director of the Senate Banking Committee, under Chairman Phil Gramm.
Following his service at the Treasury, Mr. Abernathy worked for 15 years on the staff of the American Bankers Association, as Executive Vice President for Financial Institutions Policy and Regulatory Affairs.
Previous experience with the Senate Banking Committee includes serving as Staff Director of the Subcommittee on Securities during 1995-1998. From 1989 until 1994, Mr. Abernathy was a Republican economist for the committee. He previously worked as a senior legislative assistant for Senator Gramm during 1987-1989 and as an economist for the Banking Committee’s Subcommittee on International Finance and Monetary Policy during 1981-1986, under Chairman Jake Garn.
Mr. Abernathy earned his bachelor’s degree in International Studies from The Johns Hopkins University in 1978. In 1980, he received a master’s degree in International Studies from the School of Advanced International Studies of The Johns Hopkins University.
Professor of Law and Public Finance, NSU Florida Shepard Broad College of Law
Tim Canova is a Professor of Law and Public Finance at the NSU Shepard Broad College of Law, with broad experience in law teaching, private practice, and public policy. He teaches Constitutional Law II: First Amendment Law, Corporations, Business Entities, Regulation of Financial Institutions, and a Seminar on Law, Finance, and Markets at Nova. He previously taught at the Chapman University Dale E. Fowler School of Law in Orange, California, where he served as Associate Dean for Academic Affairs and the inaugural Betty Hutton Williams Professor of International Economic Law. He was first granted tenure at the University of New Mexico School of Law and he has taught as a visitor at the University of Arizona and the University of Miami.
Canova's work crosses the disciplines of law, public finance, history, and economics. He has been a leading critic of private central banks, including the Federal Reserve. His work has been published in more than two dozen book chapters and articles in the U.S. and overseas, including in the Oxford University Press, Edward Elgar Publishing, Harvard Law & Policy Review, American Journal of Economics and Sociology, Brooklyn Law Review, Georgetown Journal of Law & Public Policy, and UC Davis Law Review. Canova was an early critic of financial deregulation and the Federal Reserve under Alan Greenspan. In the 1980s, he wrote critically of the federal bailout of Continental Illinois, the nation’s seventh largest commercial bank, and the collapse of the savings & loan industry. In the 1990s, prior to the Asian currency contagion, he argued against the International Monetary Fund’s capital account liberalization program. Throughout the Bush administration, he warned of an impending crisis in the bubble economy. Following the 2008 financial collapse, he lectured and published widely on the causes and consequences of the economic and financial crisis. In 2011, Canova was appointed by Senator Bernie Sanders (I-Vt.) to serve on an Advisory Committee on Federal Reserve Reform with leading economists, including Jeffrey Sachs, Robert Reich, James Galbraith, and Nobel Laureate Joseph Stiglitz.
Canova also writes and advocates in the areas of campaign finance and election reform, a research agenda informed by his 2016 campaign challenging the then chair of the Democratic National Committee for her U.S. House of Representatives seat in a hotly contested election. Canova’s campaign went viral, raising $3.8 million from 209,000 individual donations and setting a record at the time for the highest percentage (76%) of small online donations for any campaign for federal office. The election results were marred by evidence of statistical anomalies, allegations of electronic voting irregularities, and an order by Florida’s 17th Judicial Circuit Court finding that the Broward County Elections Supervisor had illegally destroyed every ballot cast. In 2019, Canova testified to the Florida Advisory Committee of the United States Civil Rights Commission about the systematic electronic disenfranchisement of voters in Florida elections.
Canova received his A.B. degree from Franklin and Marshall College and his J.D. degree, cum laude, from the Georgetown University Law Center. He has a master’s diploma in graduate legal studies from the University of Stockholm where he was a Swedish Institute Visiting Scholar. He previously served as a legislative assistant to the late U.S. Senator Paul E. Tsongas and practiced law in New York City with Gibson, Dunn & Crutcher and Mudge Rose Guthrie Alexander & Ferdon.
Featured Article entitled “Central Bank Independence as Agency Capture: A Review of the Empirical Literature, Banking & Financial Services Policy Report 30:11 (Nov. 2011).
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.
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.
Professor of Law, University of North Carolina at Chapel Hill
Professor of Law, Cleveland-Marshall College of Law
Professor Engel is a national authority on mortgage finance and regulation, subprime and predatory lending, and housing discrimination. Her many publications, some of which she wrote with her frequent co-author, Professor Patricia McCoy, include articles in Texas Law Review, Fordham Law Review, Washington University Law Quarterly, Connecticut Law Review, and Housing Policy Debate. Professor Engel presents her research in academic, banking, and policy forums throughout the country and around the world. Her analysis of financial services markets and the laws that regulate them regularly catches the attention of the press; Business Week, The Economist, and The Wall Street Journal have all cited her work. In addition, her research has garnered her both University and national awards.
Professor Engel is an honors graduate from Smith College and the University of Texas School of Law. Following graduation from law school, Professor Engel clerked for Judge Homer Thornberry of the Fifth Circuit Court of Appeals in Austin, Texas. She then practiced law at Burnham & Hines in Boston, where she primarily represented plaintiffs in civil rights, and housing and employment discrimination cases. Prior to joining the faculty at Cleveland-Marshall College of Law, Professor Engel taught at Northeastern University and Case Western Reserve University.
Professor Engel serves as referee for several academic journals, and is a member of the Consumer Advisory Council of the Federal Reserve Board of Governors, the Executive Committee of the AALS Section on Financial Institutions and Consumer Financial Services, the Board of Directors of Americans for Fairness in Lending, and the Board of Advisors of the American Constitution Society for Law and Policy (Northeast Ohio Chapter). She is a consultant to the Department of Housing and Urban Development Study of High Cost Loans and Fair Lending Compliance and numerous state attorneys general.
Professor Engel teaches courses on torts, civil procedure, employment law, and employment discrimination, and a predatory lending seminar.
Panel I: How Did We Get into the Mess We Are in Today?
The Financial Services Bailout
Washington, DCSubprime Lending & Financial Services Reform
Todd J. Zywicki, Melissa Jacoby, Kathleen C. Engel
In recent months, there has been a lot of discussion about the “sub-prime mortgage crisis”,...
Critical Look at the Community Reinvestment Act
Gerald A. Reynolds
Some federal statutes fail to accomplish the goals established by Congress due to false assumption,...