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.
Kansas Securities Commissioner
Aaron Jack, J.D., M.B.A., is the Kansas Securities Commissioner, a position he was appointed to by Kansas Governor Sam Brownback in 2011. Aaron was previously the West-Central Zone Director for New York Life where his 3,200 registered representatives produced over $1.5 billion in sales annually. Aaron was the first director in the history of New York Life to raise $1 billion in new assets for the company's investment management subsidiary, NYLIM.
Assistant Professor, Johnson & Wales University
Adam Smith earned his Ph.D. from George Mason University, where he specialized in experimental economics and political economy. His academic work involves experimental applications in political economy, regulation involving behavioral economics, the economics of decision-making when no external enforcement is readily available, and the recent economic crisis of 2008-2010 with a focus on the development of the Troubled Assets Relief Program. Smith is also a visiting scholar with the Rgulatory Studies Center at George Washington University. He is published in Regulation magazine, and the peer-reviewed journals Public Choice and Social Choice & Welfare. Smith joined the faculty of Johnson & Wales University in the fall of 2010.
Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. - China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Leitner Family Professor, Fordham University School of Law
Professor Flaherty is Leitner Family Professor of International Human Rights Law and Founding Co-Director of the Leitner Center for International Law and Justice. He is also a longtime Visiting Professor at the Princeton School of Public and International Affairs, where he was Fellow in the Program in Law and Public Affairs and also currently teaches at Columbia Law School and Barnard College.
Professor Flaherty earlier served as a law clerk for Justice Byron R. White of the U.S. Supreme Court and Chief Judge John Gibbons of the U.S. Court of Appeals for the Third Circuit. For more on his background see https://plaw.law.princeton.edu/people/martin-flaherty
Associate Professor, John Marshall Law School
Professor Schwinn earned his B.A. from Michigan State University and his J.D. from the American University Washington College of Law. He previously taught at the University of Maryland School of Law and George Washington University Law School. He practiced full time in the Office of the General Counsel at the Peace Corps.
Professor Schwinn is a frequent commenter on issues related to constitutional law and human rights. He is a co-founder and co-editor of the Constitutional Law Prof Blog and an occasional contributor to other blogs and publications. He regularly writes for the ABA Preview of United States Supreme Court Cases, and he directs the ABA Media Alerts project for the Seventh Circuit. His scholarship has appeared in a variety of law journals.
Professor Schwinn is also an active practitioner. He litigates cases pro bono in the federal courts, and he serves on the Board of Advisors for the Chicago Lawyer Chapter of the American Constitution Society.
Professor Schwinn teaches Constitutional Law, Comparative Constitutional Law and Human Rights, and Lawyering Skills I. He also coordinates the Constitutional Law in the Classroom program, in which JMLS students teach constitutional law lessons to students in the Chicago Public Schools and surrounding school districts, and he is the faculty supervisor for the African Human Rights Project.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Partner, King & Spalding LLP
A partner in the FDA and Life Sciences practice at King & Spalding LLP, Marisa Maleck focuses on litigation, regulatory matters and public policy, with a focus on consumer products. As a former senior counsel at a bio-tech company and in private practice, Marisa has substantial experience with and is skilled in providing creative solutions in the face of uncertainty.
Marisa represents clients in a variety of matters with a focus on FDA-regulated products like food, beverages, pharmaceuticals, medical devices, wellness products, cosmetics, tobacco and cannabis. As a former senior counsel at an FDA-regulated biotech company and as a former partner in King & Spalding’s Litigation and Global Disputes practice group, she handled hundreds of suits in a multi-district litigation, multiple agency inquiries, an FTC lawsuit and 10+ state Attorney Generals actions. With a special focus on consumer fraud, social-media marketing and personal injury/wrongful death lawsuits, Marisa has successfully drafted and/or argued appellate briefs and critical motions in numerous cases—including class actions and complex litigation—before the U.S. Supreme Court, federal and state courts of appeals, and federal and state trial courts. She has also advocated tirelessly for her clients through engagement with agencies and policy-makers. She also advises her clients about legal risk (and how to avoid it) in investigations, enforcement actions, private litigation and private-equity investments.
Marisa also advocates for her clients’ interests in the court of public opinion. She is often solicited for her balanced legal analysis by members of the media. Marisa has appeared on (tv/radio) MSNBC, MSN, CNBC and NPR, and in (print) Newsweek, the National Law Journal, The Wall Street Journal, The Washington Post and Politico.
In addition, Marisa has an active pro-bono practice representing indigent defendants through federal appellate appointments as part of the Criminal Justice Act program and as a screener for the Mid-Atlantic Innocence Project.
The Resolution of Too Big to Fail
Wayne A. Abernathy
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
The Economic Freedom Amendment: A States-Based Response to the Nationalizing Effects of Bailouts and Federal Ownership of Corporate Stock
Aaron Jack
Note from the Editor: This paper discusses a proposed state constitutional amendment that would deny...
(Mis)Applications of Behavioral Economics to Regulation: The Importance of Public Choice Architecture
Adam C. Smith
I. Introduction Friedrich Hayek once said, “Unfortunately, the popular effect of this scientific advance has...
Financial Reform – The Senate Version
John Shu
Brought to you by the Financial Services & E-Commerce Practice GroupThe Federalist Society takes no position...
The Pay Czar & the Appointments Clause – a Forum
Michael W. McConnell, Martin Flaherty, Steven Schwinn
Last updated at 10 AM on Monday, January 4, 2010 Under the statute authorizing the Troubled Assets Relief...
AIG Bonus Payments
John C. Eastman, Marisa Maleck
Brought to you by the Financial Services & E-Commerce Practice Group Many have expressed outrage that 73...
Engage Volume 10, Issue 1, February 2009
*Online-Only Issue* CIVIL RIGHTS Lights, Camera, Legislation: Congress Set to Adopt Hate Crimes Bill that...
The Troubled Asset Relief Program and Insurers
Laura M. Kotelman
On October 3, 2008, the Emergency Economic Stabilization Act of 2008 (EESA) established the Troubled...