Former Deputy Attorney General for Virginia
Kennerly Davis has over forty years of experience in corporate management, public service, and the private practice of law. He has held senior executive positions in a Fortune 500 electric and gas company. He has served as Deputy Attorney General for the Commonwealth of Virginia, and as a legislative aide to a U.S. Senator and a U.S. Congressman. He practiced law for 25 years with Hunton Andrews Kurth LLP.
Davis is active in the Federalist Society as a member of the Regulatory Process Working Group of the Regulatory Transparency Project, and as a member of the Execuitve Committee of the Administrative Law and Regulation Practice Group. He is active in the national Alumni Free Speech Alliance, and involved in AFSA-chapter initiatives, including litigation, to publicize and correct the serious legal problems created by university Diversity, Equity, and Inclusion programs and the anonymous bias reporting systems used to enforce those DEI programs.
Davis writes and speaks on a wide variety of topics, including those related to the Founding of America, the natural rights foundation of our Republic, the constitutional rule of law, equal protection and free speech, DEI programs and bias reporting systems, capitalism, regulation and regulatory reform, and economic development. His articles have appeared in The Wall Street Journal, the Washington Examiner, the Richmond Times-Dispatch, The Federalist Society Review, the FedSoc Blog, Real Clear Energy, Townhall, the Daily Caller, reports of the Center for Strategic & International Studies, and other publications. He appears frequently on radio, podcasts, and television.
Davis graduated with honors from Cornell University with an A.B. degree in Government. He earned an M.A. degree from Pembroke College, Oxford, in Philosophy, Politics, and Economics. He was awarded a J.D. degree from Harvard Law School, and an M.B.A. degree from Virginia Commonwealth University.
Davis lives in Richmond, Virginia. He can be contacted by email: [email protected], and by phone: (804) 624-8525.
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.
Staff Attorney, Shook Hardy & Bacon
Sarah works with Shook Hardy & Bacon’s Public Policy Group, whose aim is to improve civil litigation through judicial education, communications and legal scholarship; she also is a member of the Litigation practice group. Since joining the firm, she also has worked on construction industry-related arbitrations.
Before joining Shook, Sarah worked on litigation and administrative appeals for the Civil Beat Law Center in Hawaii, which provides advice and representation to the public and the media to achieve transparency in government. During law school, Sarah was senior research assistant to Andrew F. Popper during his work on the third edition of Administrative Law: A Contemporary Approach.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Senior Vice President, Strand Consult
Roslyn Layton, PhD is a leading international expert on technology policy. She is Senior Vice President of Strand Consult, an independent consultancy serving the global mobile telecom industry. She is also a Visiting Researcher at Aalborg University Copenhagen where she earned a doctoral thesis on network neutrality by measuring the outcome of the policy across 53 countries over 5 years. She served on the Presidential Transition Team for the Federal Communications Commission (FCC), and her work was critical to the FCC’s defense for the Restoring Internet Freedom Order. She has testified to the United States Senate and House on multiple topics including spectrum, broadband, mobile mergers, competition, and privacy. She founded the think tank China Tech Threat to study the problems of technology produced by the People’s Republic of China. She serves as the Program Chair for the Telecom Policy Research Conference, the leading interdisciplinary academic gathering. Her recent paper on rural broadband describes the empirical case for policy reform to recover network infrastructure costs from streaming video entertainment providers. She is a Senior Contributor to Forbes.
Technology Policy Manager, R Street Institute
Vice President of Law & Policy, Property and Environment Research Center
Jonathan Wood is vice president of law and policy at the Property and Environment Research Center (PERC). An attorney, Jonathan has litigated environmental and property-rights cases in the Supreme Court of the United States, federal and state appellate courts, and trial courts across the country. His writing has appeared in the Wall Street Journal, Washington Post, National Review, Reason, and other outlets. And his research has been published in journals such as Environmental Law Reporter, Yale Journal on Regulation Notice & Comment, Pace Environmental Law Review, and California Western Law Review.
Prior to coming to PERC, Jonathan was a senior attorney at Pacific Legal Foundation, where he litigated cases concerning the Endangered Species Act, Clean Water Act, and other federal environmental laws. He was co-counsel for forest landowners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, in which the Supreme Court ruled unanimously that private land could not be arbitrarily regulated as critical habitat under the ESA. He also led a successful effort to reform regulation of threatened species to better align the incentives of private landowners with the interests of rare species.
Jonathan has testified before several congressional committees on wildlife conservation and endangered species topics. He has also appeared on national television and radio, including NPR’s All Things Considered, C-Span’s Washington Journal, Stossel, Fox News, and Hill.TV.
Jonathan has a law degree from the New York University School of Law, a masters degree in economic policy from the London School of Economics, and a bachelor’s degree in economics from the University of Texas. He is on the executive committee for the Federalist Society’s Environmental Law and Property Rights Practice Group and a steering committee member for the Environmental Law Institute’s Emerging Leaders Initiative.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
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.
Associate Professor of Law, Antonin Scalia Law School, George Mason University
Associate Professor of Law J.W. Verret joined the Antonin Scalia Law School, George Mason University faculty in 2008. In 2013, he took leave for two years to serve as the Chief Economist and Senior Counsel for the U.S. House Committee on Financial Services. He received his JD and MA in Public Policy from Harvard Law School and the Harvard Kennedy School of Government, respectively, in 2006. While in law school, Professor Verret served an Olin Fellowship in Law and Economics at the Harvard Program on Corporate Governance under the guidance of Prof. Lucian Bebchuk.
Professor Verret then served as a law clerk for Vice-Chancellor John W. Noble of the Delaware Court of Chancery. Prior to joining the faculty at Scalia Law, Professor Verret was an associate in the SEC Enforcement Defense Practice Group at Skadden, Arps in Washington, D.C. He has written extensively on corporate law topics, including Delaware's Guidance, co-written with Chief Justice Myron T. Steele of the Delaware Supreme Court. His academic work has been featured in the Yale Journal on Regulation, The Business Lawyer, the Delaware Journal of Corporate Law, the Stanford Law Review, the University of Pennsylvania Journal of Business Law, and the Virginia Law and Business Review. Professor Verret was selected by the Northwestern Law School Searle Center on Law, Regulation, and Economic Growth for a 2009-2010 Searle-Kaufmann Research Fellowship.
Professor Verret is also a Senior Scholar at the Mercatus Center Working Group on Financial Markets, where he regularly briefs Congressional staff, members of Congress, SEC Commissioners and other financial regulatory agencies on financial regulation topics. He also directs the Corporate Federalism Initiative, where he obtains research grants for a network of students and faculty scholars who study the division between states and the federal government as sources of corporate law. Professor Verret has been invited to testify before various House and Senate Committees four times during the financial crisis of 2009 regarding all of the central provisions of the Obama Administration's 2009 financial regulatory reform proposals. For a full list of Professor Verret's C-Span appearances, including testimony before the U.S. House of Representatives and the U.S. Senate, see http://www.c-spanvideo.org/jwverret.
Professor Verret has been an invited panelist for various television appearances, including an interview on The NewsHour with Jim Lehrer. Professor Verret has been quoted in various media on financial regulation and corporate law topics, including the New York Times, CNN Money, the CNN Political Ticker, CNBC, ABC News, Investor's Business Daily, ESPN.com, The American Banker, The American Lawyer, The Huffington Post, CBS.com, and AP News. Professor Verret's op-eds have been featured in Forbes, The Chicago Tribune, The Orange County Register, and The Wall Street Journal. Professor Verret is also a regular guest contributor to three of the most noted corporate law and financial regulation law blogs: the Harvard Law School Corporate Governance and Financial Regulation Forum, Deallawyers.com, and The Conglomerate.
Partner, Wiley Rein LLP
Stephen J. Obermeier has a wide range of experience litigating complex disputes before federal and state courts and administrative agencies and in arbitration. He has represented clients in both individual and class action cases involving commercial and government contract disputes, the False Claims Act (FCA), procurement fraud, consumer fraud, business torts, and the Administrative Procedure Act (APA). Mr. Obermeier has authored dozens of appellate and dispositive motions briefs in courts across the country and has successfully argued multiple motions to dismiss, summary judgment motions, and appeals in federal and state court. He also has experience conducting internal investigations for corporate clients in response to government allegations of misconduct. Mr. Obermeier previously served as an Assistant U.S. Attorney in the civil section in the Eastern District of Virginia.
Assistant Attorney General, Civil Division, United States Department of Justice
Brett A. Shumate was sworn in as the Civil Division’s 36th Assistant Attorney General on June 11, 2025. He previously served in the Civil Division from 2017 to 2019 as the Deputy Assistant Attorney General for the Federal Programs Branch. Prior to rejoining the Department, Mr. Shumate was a partner at Jones Day in Washington, D.C.
Mr. Shumate clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit. He graduated from Wake Forest University School of Law and Furman University.
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.
Associate Professor of Law, Antonin Scalia Law School, George Mason University
Associate Professor of Law J.W. Verret joined the Antonin Scalia Law School, George Mason University faculty in 2008. In 2013, he took leave for two years to serve as the Chief Economist and Senior Counsel for the U.S. House Committee on Financial Services. He received his JD and MA in Public Policy from Harvard Law School and the Harvard Kennedy School of Government, respectively, in 2006. While in law school, Professor Verret served an Olin Fellowship in Law and Economics at the Harvard Program on Corporate Governance under the guidance of Prof. Lucian Bebchuk.
Professor Verret then served as a law clerk for Vice-Chancellor John W. Noble of the Delaware Court of Chancery. Prior to joining the faculty at Scalia Law, Professor Verret was an associate in the SEC Enforcement Defense Practice Group at Skadden, Arps in Washington, D.C. He has written extensively on corporate law topics, including Delaware's Guidance, co-written with Chief Justice Myron T. Steele of the Delaware Supreme Court. His academic work has been featured in the Yale Journal on Regulation, The Business Lawyer, the Delaware Journal of Corporate Law, the Stanford Law Review, the University of Pennsylvania Journal of Business Law, and the Virginia Law and Business Review. Professor Verret was selected by the Northwestern Law School Searle Center on Law, Regulation, and Economic Growth for a 2009-2010 Searle-Kaufmann Research Fellowship.
Professor Verret is also a Senior Scholar at the Mercatus Center Working Group on Financial Markets, where he regularly briefs Congressional staff, members of Congress, SEC Commissioners and other financial regulatory agencies on financial regulation topics. He also directs the Corporate Federalism Initiative, where he obtains research grants for a network of students and faculty scholars who study the division between states and the federal government as sources of corporate law. Professor Verret has been invited to testify before various House and Senate Committees four times during the financial crisis of 2009 regarding all of the central provisions of the Obama Administration's 2009 financial regulatory reform proposals. For a full list of Professor Verret's C-Span appearances, including testimony before the U.S. House of Representatives and the U.S. Senate, see http://www.c-spanvideo.org/jwverret.
Professor Verret has been an invited panelist for various television appearances, including an interview on The NewsHour with Jim Lehrer. Professor Verret has been quoted in various media on financial regulation and corporate law topics, including the New York Times, CNN Money, the CNN Political Ticker, CNBC, ABC News, Investor's Business Daily, ESPN.com, The American Banker, The American Lawyer, The Huffington Post, CBS.com, and AP News. Professor Verret's op-eds have been featured in Forbes, The Chicago Tribune, The Orange County Register, and The Wall Street Journal. Professor Verret is also a regular guest contributor to three of the most noted corporate law and financial regulation law blogs: the Harvard Law School Corporate Governance and Financial Regulation Forum, Deallawyers.com, and The Conglomerate.
Vice President and Director, Center for Monetary and Financial Alternatives, Cato Institute
Norbert Michel is vice president and director of the Cato Institute’s Center for Monetary and Financial Alternatives, where he specializes on issues pertaining to financial markets and monetary policy. Michel was most recently the Director for Data Analysis at the Heritage Foundation where he edited, and contributed chapters, to two books: The Case Against Dodd–Frank: How the “Consumer Protection” Law Endangers Americans, and Prosperity Unleashed: Smarter Financial Regulation
Michel was previously a tenured professor at Nicholls State University’s College of Business, teaching finance, economics and statistics. Before that, he worked at Heritage as a tax policy analyst in the think tank’s Center for Data Analysis from 2002 to 2005. He previously was with the global energy company Entergy, where he worked on models to help predict bankruptcies of commercial clients.
Michel holds a doctoral degree in financial economics from the University of New Orleans. He received his bachelor of business administration degree in finance and economics from Loyola University. He currently resides in Virginia.
Senior Fellow, Mises Institute
Alex J. Pollock is a Senior Fellow with the Mises Institute, providing thought and policy leadership on financial issues and the study of financial systems. His work includes cycles of booms and busts, financial crises with their political responses, housing finance, government-sponsored enterprises, risk and uncertainty, central banking, banking and financial regulation, corporate governance, retirement finance, student loans, and the politics of finance.
He previously served as the Principal Deputy Director of the Office of Financial Research in the U.S. Treasury Department 2019-2021. He was a Distinguished Senior Fellow with the R Street Institute 2015-2019 and 2021, and a resident fellow at the American Enterprise Institute, 2004-2015. Among the many aspects of his AEI work, he developed the One Page Mortgage Form to give borrowers in clear form the key information they need in order to know what they are committing themselves to. He was President and CEO of the Federal Home Loan Bank of Chicago from 1991 to 2004. There he invented the Mortgage Partnership Finance program, which successfully created front-end mortgage credit risk sharing beginning in 1997. His decades of banking experience include being a Visiting Scholar at the Federal Reserve Bank of St. Louis, 1991.
Pollock was a director of the CME Group 2004-2019 and of Ascendium Education Group 1989-2019. He is a director and past-chairman of the Great Books Foundation and a past president of the International Union for Housing Finance.
He is the co-author of Surprised Again! - The COVID Crisis and the New Market Bubble (2022), and the author of Finance and Philosophy—Why We’re Always Surprised (2018) and Boom and Bust: Financial Cycles and Human Prosperity (2011), as well as numerous articles and Congressional testimony.
Pollock is a graduate of Williams College, the University of Chicago, and Princeton University.
His work is available on alexjpollock.com.
Regulating Under the Rule of Law
John Kennerly Davis
A review of: How to Regulate: A Guide for Policymakers, by Thomas A. Lambert (Cambridge...
2017 Civil Justice Update
Mark A. Behrens, Sarah Goggans
This paper reviews key civil justice issues and reforms in 2017. Part I focuses on...
The Problem with the Proliferation of Collateral Consequences
John G. Malcolm
Note from the Editor: This article discusses collateral consequences of criminal convictions and argues that...
Net Neutrality Without the FCC?: Why the FTC Can Regulate Broadband Effectively
Roslyn Layton, Tom W. Struble
Note from the Editor: This article argues that the FTC has jurisdiction over broadband and the...
Christie v. NCAA: Anti-Commandeering or Bust
Jonathan Wood, Ilya Shapiro
Note from the Editor: This article argues that the Supreme Court should find unconstitutional the...
The Supreme Court Tackles Patent Reform: Why the Supreme Court Should End Inter Partes Review in Oil States
Richard A. Epstein
Note from the Editor: This article argues that the Supreme Court should find unconstitutional the...
Deep Dive Episode 13 – Discussion on U.S. Treasury Reports
Wayne A. Abernathy, J.W. Verret
On Friday, October 6, Treasury issued the second of its reports to the President on...
Deep Dive Episode 13 – Discussion on U.S. Treasury Reports
Regulatory Transparency Project Teleforum
Federal Reserve Accountability and the CHOICE Act
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Stephen J. Obermeier, Brett Shumate
The American Bankers Association and Washington Federal, a bank holding company, have filed a suit...