Partner, O’Melveny & Myers
Brian P. Brooks is the Managing Partner of Valor Capital Group. He has served as CEO of the Bitfury Group and CEO of digital asset exchange and marketplace Binance.US.
Mr. Brooks became Acting Comptroller of the Currency upon the resignation of the 31st Comptroller of the Currency Joseph M. Otting as a result of his designation as First Deputy Comptroller by Treasury Secretary Steven T. Mnuchin pursuant to his authority under 12 USC § 4.
As Acting Comptroller of the Currency, Mr. Brooks was the administrator of the federal banking system and chief officer of the Office of the Comptroller of the Currency (OCC). The OCC supervises nearly 1,200 national banks, federal savings associations, and federal branches and agencies of foreign banks that conduct approximately 70% of all banking business in the United States. The mission of the OCC is to ensure that national banks and federal savings associations operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations.
The Comptroller also serves as a director of the Federal Deposit Insurance Corporation and a member of the Financial Stability Oversight Council and the Federal Financial Institutions Examination Council.
Prior to becoming Acting Comptroller, Mr. Brooks served as Senior Deputy Comptroller and Chief Operating Officer. In this role, he oversaw OCC bank supervision, bank supervision policy, economics, supervisory system and analytical support, systemic risk identification support and specialty supervision, and innovation. He also served as a member of the OCC's Executive Committee and was the Chair of the Technology and Systems Subcommittee, since joining the agency in April 2020.
Prior to joining the OCC, Mr. Brooks served as Chief Legal Officer of Coinbase Global, Inc., where he headed the legal, compliance, audit, investigations, and government relations functions for the company, which served 20 million customers. He held this position since September 2018.
From 2014-2018, Mr. Brooks served as Executive Vice President, General Counsel, and Corporate Secretary of the $3.2 trillion Fannie Mae. Prior to joining Fannie Mae, he served as a Vice Chairman of OneWest Bank, N.A., from 2011 to 2014. Prior to joining OneWest, he served managing partner of the Washington, D.C. office of the global law firm O'Melveny & Myers LLP, where he also served as chair of the firm's financial services practice group. Prior to joining the OCC, Mr. Brooks also served on the Boards of Directors of Avant, Inc. and Fannie Mae, and also served as an advisor to a number of technology startups.
Mr. Brooks holds a bachelor’s degree from Harvard University in government and a law degree from the University of Chicago.
Partner, Wiley Rein, LLP
Megan L. Brown is a partner at Wiley Rein LLP. She has significant litigation, appellate and regulatory experience before state and federal courts and agencies.
Ms. Brown helps businesses respond to federal, state and local regulation and investigations raising administrative law, statutory interpretation, and constitutional issues, including the First Amendment.
Scholar in Residence, The Constitution Project
Louis Fisher is Scholar in Residence at the Constitution Project. Previously he worked for four decades at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service, from 1970 to 2006) and Specialist in Constitutional Law (the Law Library, from 2006 to 2010). During his service with CRS he was research director of the House Iran-Contra Committee in 1987, writing major sections of the final report. Fisher's specialties include constitutional law, war powers, budget policy, executive-legislative relations, and judicial-congressional relations.
After completing his doctoral work in political science at the New School for Social Research in 1967, he taught full-time at Queens College for three years. Later he taught part-time at Georgetown University, American University, Catholic University law school, Indiana University, Catholic University, the College of William and Mary law school, and Johns Hopkins University. Currently he is a Visiting Professor at the William and Mary law school.
His books include President and Congress (1972), Presidential Spending Power (1975), The Constitution Between Friends (1978), The Politics of Shared Power (4th ed. 1998), Constitutional Conflicts Between Congress and the President (6th ed. 2014), Constitutional Dialogues (1988),American Constitutional Law (with Katy J. Harriger, 10th ed. 2013), Presidential War Power (3rd ed. 2014), Political Dynamics of Constitutional Law (with Neal Devins, 5th ed. 2011), Congressional Abdication on War and Spending (2000), Religious Liberty in America: Political Safeguards (2002), Nazi Saboteurs on Trial: A Military Tribunal & American Law (2003; 2d ed. 2005), The Politics of Executive Privilege (2004), The Democratic Constitution (with Neal Devins, 2004), Military Tribunals and Presidential Power: American Revolution to the War on Terrorism (2005), In the Name of National Security: Unchecked Presidential Power and the Reynolds Case (2006), The Constitution and 9/11: Recurring Threats to America’s Freedoms (2008), The Supreme Court and Congress: Rival Interpretations (2009), On Appreciating Congress: The People’s Branch (2010), Defending Congress and the Constitution (2011), On the Supreme Court: Without Illusion and Idolatry(2013), and The Law of the Executive Branch: Presidential Power (2014). His textbook in constitutional law is available in two paperbacks:Constitutional Structures: Separation of Powers and Federalism and Constitutional Rights: Civil Rights and Civil Liberties. With Leonard W. Levy he edited the four-volume Encyclopedia of the American Presidency (1994).
He has twice won the Louis Brownlow Book Award (for Presidential Spending Power and Constitutional Dialogues). The encyclopedia he co-edited was awarded the Dartmouth Medal. In 1995 he received the Aaron B. Wildavsky Award “For Lifetime Scholarly Achievement in Public Budgeting” from the Association for Budgeting and Financial Management. In 2006 he received the Neustadt Book Award for Military Tribunals and Presidential Power. In 2011 he received the Walter Beach Pi Sigma Alpha Award from the National Capital Area Political Science Association for strengthening the relationship between political science and public service. In 2012 he received the Hubert H. Humphrey Award from the American Political Science Association in recognition of notable public service by a political scientist. The July 2013 issue of PS: Political Science & Politics includes a symposium on "Law and (Disciplinary) Order: A Dialogue about Louis Fisher, Constitutionalism, and Political Science.
Dr. Fisher has been invited to testify before Congress more than 50 times on such issues as war powers, state secrets privilege, NSA surveillance, executive spending discretion, presidential reorganization authority, Congress and the Constitution, the legislative veto, the item veto, the Gramm-Rudman deficit control act, executive privilege, committee subpoenas, executive lobbying, CIA whistleblowing, covert spending, the pocket veto, recess appointments, the budget process, the balanced budget amendment, biennial budgeting, and presidential impoundment powers.
He has been active with CEELI (Central and East European Law Initiative) of the American Bar Association, traveling to Bulgaria, Albania, and Hungary to assist constitution-writers; participating in CEELI conferences in Washington, D.C. with delegations from Bosnia-Herzegovina, Lithuania, Romania, and Russia; serving on CEELI "working groups" on Armenia and Belarus; and assisted in drafting constitutional amendments for the Kyrgyz Republic. As part of CRS delegations he traveled to Russia and Ukraine to assist on constitutional questions. For the International Bar Association he helped analyze the draft constitutions for Swaziland and Zimbabwe.
He is the author of more than 500 articles in law reviews, political science journals, encyclopedias, books, magazines, and newspapers. He has been invited to speak in Albania, Australia, Belgium, Bulgaria, Canada, China, the Czech Republic, Denmark, England, France, Germany, Greece, Israel, Japan, Macedonia, Malaysia, Mexico, the Netherlands, Oman, the Philippines, Poland, Romania, Russia, Slovenia, South Korea, Sweden, Taiwan, Ukraine, and the United Arab Emirates. The topics include a range of constitutional, political, and institutional issues.
Distinguished Professor of Law, Jamie L. Whitten Chair of Law and Government, University of Mississippi School of Law
Professor Ronald J. Rychlak is the Jamie L. Whitten Chair of Law and Government and Distinguished Professor of Law at the University of Mississippi. He is a legal advisor to the Holy See’s delegation to the United Nations and chair of the Mississippi Advisory Committee to the U.S. Civil Rights Commission. He serves as the university’s Faculty Athletic Representative and is on the executive committee of the Southeastern Conference (SEC). In 2019 he received the university’s highest research and publication recognition, the “Distinguished Research and Creative Achievement Award” based upon his reputation for scholarly activity and leadership roles in professional societies. In 2023, he received the Algernon Sydney Sullivan Award, the University’s highest award in honor of service, for “placing service to others and the community before oneself, while embodying the qualities of honesty, morality, ethics, integrity, responsibility, determination, courage, and compassion.” In 2024, he was voted “Outstanding Law Professor” by the law school student body.
Ron is the author, co-author, or editor of twelve books and over 100 articles. The Congregation for the Causes of Saints at the Vatican called his book, Hitler, the War, and the Pope “definitive” in its response to charges made against the leader of the Catholic Church during World War II. He has been published in Notre Dame Law Review, UCLA Law Review, The Washington Post, The Wall Street Journal, and numerous other periodicals and journals. Media appearances include CNN, ABC, Fox News, The National Geographic TV Network, The Military Channel, C-SPAN, and more.
Ron and his wife Claire are proud of their six children, two sons-in-law, one daughter-in-law, and three granddaughters. They live in Oxford, Mississippi.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Grable’s Quiet Revolution: The Revival of Substantial Federal Question Jurisdiction
Sarah A. Goldfrank, Brian P. Brooks
Supreme Court observers uttered nary a peep on June 13, 2005 when the Court handed...
Montoy v. Kansas: An Update
Megan L. Brown
A recent issue of State Court Docket Watch profiled an education finance case pending in...
Bar Watch Bulletin August 7, 2005
The ABA meeting in Chicago, Illinois included several panel discussions, highlights of which we report...
Supreme Court Decision: Regulatory Takings
Esther Slater McDonald, Louis Fisher
In its recent decision in Lingle v. Chevron U.S.A., the Supreme Court unanimously repudiated its...
Business and the Supreme Court
During the past few months--in connection with both the Presidential election and speculation about Supreme...
Humberto Alvarez-Machain v. United States: The Ninth Circuit Panel Decision of September 11
Ronald J. Rychlak
On September 11, 2001, as most of the nation watched on in horror at the...
Mississippi Supreme Court and the “Era Of Judicial Supremacy”
Publius
As the 1980s began, some critics alleged that Mississippi’s government was afflicted with inertia, and...
Recent Trends in the Alabama Supreme Court
Publius
Tort and Consumer Issues In the early ‘90s, tort reform advocates viewed Alabama as a...
Recent State Cases Largely Support Property Rights
Publius
The state courts have continued to issue environmental law and property rights cases. Some support...
Mark A. Behrens & Andrew W. Crouse Review Shakedown: How Corporations, Government and Trial Lawyers Abuse the Judicial Process by Robert A. Levy
Mark A. Behrens, Andrew W. Crouse
Cato Institute Senior Fellow Robert A. Levy’s latest book, Shakedown: How Corporations, Government and Trial...