Professor Todd J. Zywicki’s Curriculum Vitae
EDUCATION
UNIVERSITY OF VIRGINIA SCHOOL OF LAW
J.D., 1993
Executive Editor, Virginia Tax Review.
John M . Olin Scholar in Law and Economics.
CLEMSON UNIVERSITY
M.A. Economics, 1990.
H.W. Close Fellow in College of Commerce and Industry.
DARTMOUTH COLLEGE
A.B. cum Laude with High Honors in Government Major, 1988.
Rufus Choate Scholar.
Three Citations for Exceptional Class Performance.
EXPERIENCE
CHAIR, CONSUMER FINANCIAL PROTECTION BUREAU TASKFORCE ON FEDERAL CONSUMER FINANCIAL LAW, WASHINGTON, DC, 2020-2021
GEORGE MASON UNIVERSITY SCHOOL OF LAW, ARLINGTON, VIRGINIA, 1998-PRESENT
Executive Director, Law & Economics Center, 2015-2017
George Mason University Foundation Professor of Law, 2009-present; Professor of Law, 2002-2009
Associate Professor, 2000-2002
Assistant Professor, 198-2000
My areas of research and instruction include Sales Law, Consumer Protection, Consumer Financial Protection, Bankruptcy, Contracts, Public Choice & Law, Law & Economics.
SENIOR FELLOW, CATO INSTITUTE, WASHINGTON, DC, 2018-2021
CHINA UNIVERSITY OF POLITICAL SCIENCE AND LAW, BEIJING, CHINA SUMMER 2019
Visiting Professor. Taught Law & Economics.
VANDERBILT UNIVERSITY SCHOOL OF LAW, NASHVILLE, TENNESSEE, FALL 2007
Visiting Professor of Law. Taught Contracts.
GEORGETOWN UNIVERSITY LAW CENTER, AUGUST 2004-MAY 2005.
Visiting Professor of Law. Taught Contracts, Bankruptcy, and Law & Public Choice.
DIRECTOR, OFFICE OF POLICY PLANNING, FEDERAL TRADE COMMISSION, MAY 2003-JULY 2004.
Director of Federal Trade Commission’s policy office (SES Appointment). Responsible for helping to conceive and execute policies and priorities of Commission on issues of Consumer Protection, Competition, and Competition Advocacy.
BOSTON COLLEGE SCHOOL OF LAW, BOSTON, MASSACHUSETTS, JANUARY-MAY 2002.
Visiting Professor of Law. Taught Law & Economics and Bankruptcy Law.
MISSISSIPPI COLLEGE SCHOOL OF LAW, JACKSON, MISSISSIPPI, AUGUST 1996-MAY 1998.
Assistant Professor of Law. Taught Business Associations, Secured Transactions, Business Planning, and Sales.
ALSTON & BIRD, ATLANTA, GEORGIA, 1994-1996.
Representations included SportsTown, Inc., Chapter 11 Debtor in Possession; Sonic Communications, Inc., Chapter 11 Operating and Chapter 7 Trustee; Krystal Corp., Unsecured Creditors Committee; and a variety of secured and unsecured creditors in federal bankruptcy and state collection proceedings.
LAW CLERK TO HON. JUDGE JERRY E. SMITH, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, HOUSTON, TEXAS, 1993-1994.
SUMMER LAW CLERK FOR HON. JUDGE ALEX KOZINSKI, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, PASADENA, CALIFORNIA, 1991.
HONORS AND AWARDS
Chair, Association of American Law Schools Section on Law & Economics (2019).
Invited Lecture, Jack R. Lee Chair of Financial Institutions and Consumer Finance Lecture at Mississippi State University School of Business (October 11, 2013).
Invited Lecture, George Mason University Vision Series (April 8, 2013).
Winner, 2012 Society for Development of Austrian Economics Prize for Best Article in Austrian Economics (announcement here ).
George Mason University Foundation Professor of Law (2009-present).
Invited Lecture, Dean Lindsey Cowen Lecture in Business Law and Regulation Presented by the Center for Business Law and Regulation at Case Western Reserve University School of Law (March 3, 2011), video available here .
Institute for Humane Studies Charles G. Koch Outstanding IHS Alum Award (2009).
Searle Fellow, George Mason University (Fall 2008).
Senior Fellow, Goldwater Institute (2008-present).
Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace (Fall 2008).
Senior Scholar, Mercatus Center at George Mason University (2005-present).
Senior Fellow, Senior Fellow at the F.A. Hayek Program for Advanced Study in Philosophy, Politics and Economics (2005-present) (formerly James M. Buchanan Center for the Study of Political Economy).
Honorable Mention American College of Consumer Financial Services Lawyers 2006 writing competition for “An Economic Analysis of the Consumer Bankruptcy Crisis, 99 NORTHWESTERN L. REV. 1463 (2005).
Recipient of 2001 “Win Whittaker Award for Student Development” as Professor of the Year.
Recipient of grant from The John Templeton Foundation Freedom Project to teach a course on “The Rule of Law, Freedom, and Prosperity.” (Co-taught with Peter Boettke, Department of Economics, George Mason University). Fall 2001.
Recipient of grant from The John Templeton Foundation Freedom Project to teach a course on “The Rule of Law and the Legal Foundations of a Free Society.” (Co-taught with Peter Boettke, Department of Economics, George Mason University). Fall 1999.
TEACHING INTERESTS
Bankruptcy, Contracts, Secured Transactions, Business Associations, Commercial Law, Payment Systems, Consumer Law, Law & Economics, Public Choice & The Law, Evolutionary Analysis of Law, Law & Behavioral Economics.
RESEARCH INTERESTS
Bankruptcy, Contracts, Banking Law, Law and Economics, Public Choice and the Law, Evolutionary Analysis of Law, Law & Behavioral Economics, Consumer Law, Constitutional Economics, Business Associations.
LAW SCHOOL AND UNIVERSITY SERVICE
Editor, Supreme Court Economic Review (2001-2002, 2006-present).
Member of Dean Retention Committee (2001, 2008).
Member of Faculty Appointments Committee (1999-2002, 2005-); Clerkship Committee (2000-2002, 2005-).
Faculty Advisor, St. Thomas More Catholic Law Students Society (1999-2007).
Member of several dissertation committees for Economics Department PhD Candidates.
CONGRESSIONAL TESTIMONY
United States Senate Committee on Commerce, Science, and Transportation, Subcommittee on Consumer Protection, Product Safety, and Data Security, “Protecting Consumers From Junk Fees” (June 8, 2023), available here.
United States Senate Committee on Banking, Housing, and Urban Affairs, “New Consumer Financial Products and the Impacts to Workers” (Sept.13, 2022), available here.
Testimony before the United States House of Representative, Committee on Financial Services, Subcommittee on Consumer Protection and Financial Institutions, “The End of Overdraft Fees? Examining the Movement to Eliminate the Fees Costing Consumers Billions” (March 31, 2022), available here.
Testimony before the United States Senate Committee on Banking, Housing, and Urban Affairs, “Examining Mandatory Arbitration in Financial Services Products” (March 8, 2022), available here.
Testimony before the United States House of Representatives, Committee on Financial Services, Subcommittee on Oversight and Investigations, “Cashed Out: How a Cashless Economy Impacts Disadvantaged Communities and Peoples” (Oct. 14, 2021), available here.
Testimony before the Senate Committee on Banking, Housing, and Urban Affairs, ”Assessing the Effects of Consumer Credit Regulations“ (Apr. 5, 2016), testimony available here .
Testimony before the House Committee on Financial Services, ”The Dodd-Frank Act Five Years Later: Are We Freer?“ (Sept. 17, 2015), testimony available here .
Testimony before the House Committee on Financial Services, ”The Dodd-Frank Act Five Years Later: Are We More Stable?“ (July 9, 2015), testimony available here .
Testimony before the House Committee on Oversight and Government Relations, Subcommittee on TARP, Financial Services and Bailouts of Public and Private Programs, ”The Administration’s Auto Bailouts and the Delphi Pension Decisions: Who Picked the Winners and Losers?“ (July 10, 2012), testimony available here , video available here .
Testimony before the House Committee on Oversight and Government Relations, Subcommittee on TARP, Financial Services and Bailouts of Public and Private Programs, ”Who’s Watching the Watchmen?“ (May 24, 2011), testimony available here .
Testimony before United States House of Representatives, Committee on Financial Services and Committee on Small Business, ”The Condition of Small Business and Commercial Real Estate Lending in Local Markets,“ (Feb. 26, 2010), testimony available here .
Testimony before United States House of Representatives, Committee on Financial Services, ”Banking Industry Perspectives on the Obama Administration’s Financial Regulatory Reform Proposals“ (July 15, 2009), testimony and webcast available here .
Testimony before United States House of Representatives, Committee on the Judiciary, Subcommittee on Commercial and Administrative Law, ”Circuit City Unplugged: Why Did Chapter 11 Fail to Save 34,000 Jobs?“ (March 11, 2009), testimony and webcast available here .
Testimony before the United State Senate Committee on Banking, Housing, and Urban Affairs, ”Modernizing Consumer Protection in the financial Regulatory System: Strengthening Credit Card Protections“ (February 12, 2009), available here .
Testimony before the United States House of Representatives, Judiciary Committee, Subcommittee on Commercial and Administrative Law, ”Hearing on Working Families in Financial Crisis: Medical Debt and Bankruptcy“ (July 17, 2007), available here .
Testimony before the United States House of Representatives, Financial Services Committee, Subcommittee on Financial Institutions and Consumer Credit, ”Credit Card Practices: Current Consumer and Regulatory Issues“ (April 26, 2007), available here .
Testimony before United States Senate, Committee on the Judiciary, Subcommittee on Administrative Oversight and the Courts, ”Oversight of the Implementation of the Bankruptcy Abuse Prevention and Consumer Protection Act“ (December 5, 2006), available here .
Testimony before United States Senate, Committee on the Judiciary, “Bankruptcy Reform” (February 10, 2005), available here .
Testimony before United States House of Representatives, Committee on Commerce, Trade, and Consumer Protection, “E-Commerce: The Case of Online Wine Sales and Direct Shipment” (October 30, 2003).
Testimony before Federal Judicial Conference Committee on Bankruptcy Rules, “Proposed Amendments to the Bankruptcy Rules” (January 26, 2001).
Testimony before United States House of Representatives, Committee on Government Reform, Subcommittee on Government Management, Information, and Technology, on “Transitioning to a New Administration: Can the Next President Be Ready?” (December 4, 2000).
Testimony before United States House of Representatives, Committee on the Judiciary, Subcommittee on Commercial and Administrative Law on “Perspectives on Consumer Bankruptcy and the Bankruptcy Reform Act of 1999” (March 17, 1999).
Testimony before Joint Hearing of the United States Senate, Committee on the Judiciary, Judiciary Subcommittee on Administrative Oversight and the Courts and House of Representatives, Committee on the Judiciary, Subcommittee on Commercial and Administrative Law on “The Bankruptcy Reform Act of 1999” (March 11, 1999).
Testimony before United States Senate, Committee on the Judiciary, Judiciary Subcommittee on Administrative Oversight and the Courts on “ Bankruptcy Issues in Review: The Bankruptcy Code’s Effect on Religious Freedom and A Review of the Need for Additional Bankruptcy Judgeships” (September 22, 1997).
PUBLIC INTEREST COMMENTS
“The Way We Should Pay: Comments on ‘The Way We Pay: Transforming the Canadian Payments System,’” (with Philippe Bergevin) submitted to the Canadian Task Force for Payment Systems Review (Sept. 26, 2011), available here.
Public Interest Comment on Proposed Statement on Subprime Mortgage Lending to Office of the Comptroller of the Currency, Treasury (OCC), Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation (FDIC), Office of Thrift Supervision, Treasury (OTS), and the National Credit Union Administration (with Joe Adamson), May 7, 2007 (on behalf of Mercatus Center Regulatory Studies Program), available here .
Public Interest Comment on Food Industry Marketing to Children Report to Federal Trade Commission (with Joe Adamson), December 21, 2006 (on behalf of Mercatus Center Regulatory Studies Program), available here .
MEDIA
Why I’m Suing Over My Employer’s Vaccine Mandate, WALL STREET JOURNAL (Aug. 6, 2021), available here.
The CFPB Could be a Force for Good , WALL STREET JOURNAL, page A21 (Feb. 19, 2018), available here .
Durbin’s Debit-Card Price Controls Hit the Poor Hardest (with Julian Morris), WALL STREET JOURNAL, page A 21 (May 1, 2017), available here .
The Constitution Says Nothing About Behavioral Economics (with Geoffrey A. Manne), WALL STREET JOURNAL (Mar. 9, 2017), available here .
Credit is a Powerful Tool for American Families (with Thomas A. Durkin), WASHINGTON POST (April 17, 2015), available here .
Overdraft Protection Rules Could Hurt Consumers More Than They Help (with G. Michael Flores), AMERICAN BANKER (November 24, 2014), available here .
A Nobel Economist’s Caution About Government: Friedrich Hayek Warned that Intervening can Make Things Worse. ObamaCare and Dodd-Frank, Anyone? (with Donald J. Boudreaux), WALL STREET JOURNAL, page A15 (Oct. 13, 2014), available here .
The new EU price controls that will hold back a cashless future–and hit the poor (with Geoffrey Manne and Julian Morris), CITY A.M. (London, England) (June 9, 2014), available here .
If you want to whiten the economy, payments should be made electronically , ZIARUL FINANCIAR (Bucharest, Romania) (May 13, 2014), available here (translation available here ).
America’s Taxpayers Lost Big in UAW Bailout (with James Sherk), DETROIT NEWS (June 26, 2012), available http://www.detroitnews.com/article/20120626/OPINION01/206260319/Commentary-America-s-taxpayers-lost-big-UAW-bailout?odyssey=mod |newswell|text|FRONTPAGE|s”>here .
Obama’s United Auto Workers Bailout (with James Sherk), WALL STREET JOURNAL, page A19 (June 13, 2012), available here .
Spongebob Squarepants’ Last Stand , WALL STREET JOURNAL, page A11 (April 13, 2012), available here .
Set Interac Free: Burdensome Federal Regulations Discourage Innovation , NATIONAL POST (Dec. 19, 2011), available here .
The Dick Durbin Bank Fees , WALL STREET JOURNAL, page A15 (Sept. 30, 2011), available here .
Lender Punishment Mustn’t Reward Defaulters: Forced Principal Reduction is the Wrong Solution to the Foreclosure Fiasco , WASHINGTON TIMES, p. B3 (June 9, 2011), available here .
Bureau of Consumer Protection Must Put Consumers First , WASHINGTON TIMES, page B3 (May 6, 2011), available here .
Roar of the Lion Father: Parenting for Creativity Beats Parenting for Performance , WASHINGTON TIMES, page B1 (Jan. 25, 2011), available here .
Anna Nicole Smith Case Offers Court Opportunity to Limit Forum-Shopping in Bankruptcy Cases , NATIONAL LAW JOURNAL (Jan. 11, 2011), available here .
Dodd-Frank and the Return of the Loan Shark , WALL STREET JOURNAL, page A17 (Jan. 4, 2011), available here .
Repeal the Seventeenth Amendment , NATIONAL REVIEW 20 (Nov. 15, 2010), available here .
The Next Hot Ticket in Financial Reform (with John Morrall and Richard Williams), REUTERS (Oct. 8, 2010), available here .
In Elizabeth Warren We Trust? WALL STREET JOURNAL, page A25 (Sept. 30, 2010), available here .
How Public Employee Pensions are Too Rich for New York’s–and America’s–Blood , NEW YORK DAILY NEWS (Aug. 8, 2010), available here .
Durbin’s Antitrust Fantasies: Flawed Economics Behind Democrats Price Control Plan (with Josh Wright), WASHINGTON TIMES, page B4 (June 17, 2010), available here .
Why Aren’t Banks Lending? Because Bureaucrats and Politicians Won’t Let Them , WASHINGTON TIMES, page B1 (June 10, 2010), available here .
Durbin Regulations are Aimed at Your Wallet: They’ll Cost us All Money and Convenience , WASHINGTON TIMES, page B1 (June 3, 2010), available here .
Stripper Searches for Loot Loophole , WASHINGTON TIMES, page B3 (Feb. 26, 2010), available here .
Complex Loans Didn’t Cause the Crisis , WALL STREET JOURNAL, page A18 (Feb. 18, 2010), available here .
Will Congress Take Another Swipe at Credit Cards? , WALL STREET JOURNAL, page A17 (Jan. 5, 2010), available here .
America’s Debt Paranoia , 59(8) THE FREEMAN (October 2009), available here .
Check that Checkbook: A Guide to Smarter Alumni Giving , NATIONAL REVIEW page A43 (Oct. 5, 2009), available here .
Let’s Treat Borrowers Like Adults: The Problems with a Financial Products Safety Panel , WALL STREET JOURNAL,
page A17 (July 8, 2009), available here .
Chrysler and the Rule of Law , WALL STREET JOURNAL, page A19 (May 13, 2009), available here .
Low Rates Led to ARMs , WALL STREET JOURNAL, page A18, (March 26, 2009), available here .
Don’t Let Judges Tear Up Mortgage Contracts , WALL STREET JOURNAL, page A13 (February 13, 2009), available here .
Bankruptcy is the Perfect Remedy for Detroit , WALL STREET JOURNAL, page A21, December 16, 2008, available here .
The Two-Income Tax Trap , WALL STREET JOURNAL, page A17, August 14, 2007, available here .
Junk Social Science Index , WASHINGTON TIMES, July 26, 2007, available here .
A Great Mind? Miers Might Vote Right, But What the Court Truly Needs Is Intellectual Leadership ,
LEGAL TIMES, October 10, 2005, available here .
Self-Selection or Political Bias? 38(8) AMERICAN SPECTATOR 48 (Oct. 2005).
Rebalancing the Bankruptcy Code , JURIST, August 18, 2005, available here .
Reforming Bankruptcy Laws: Changes Will Help Everyone , SAN DIEGO UNION-TRIBUNE
(March 17, 2005), available here .
Deadbeats Cost All of Us Dearly , USA TODAY, page 17A (June 22, 2000).
Profiled in The Daily Deal for views on Bankruptcy Reform
TELEVISION
Larry Parks Show, “Consumer Credit and the American Economy” (Nov. 9, 2014), available here .
Wall Street Journal Live, “In Defense of Debt” (Sept. 8, 2014), available http://www.wsj.com/video/opinion-in-defense-of-debt/024EE07E-8565-4B5D-9B26-4CBF8D278368.html?mod=WSJ_Opinion_VideoModule_1# !024EE07E-8565-4B5D-9B26-4CBF8D278368″>here .
“The Larry Parks Show” (June 7, 2012) discussing “The Rule of Law,” available here .
Fox Business, Freedom Watch with Andrew Napolitano (January 13, 2012) discussing “Food Advertising Regulation,” available here .
Fox Business, “The Willis Report” (Oct. 5, 2011) discussing “The Dick Durbin Bank Fees.”
Fox Business, “The Willis Report” (Jan. 4, 2011) discussing “Dodd-Frank and the Return of the Loan Shark.”
Fox News, John Stosell’s “Top 10 Politicians’ Promises Gone Wrong” (Dec. 17, 2010), video available here .
NBC Nightly News (Oct. 17, 2010) discussing public employee pensions.
ABC World News Tonight (June 3, 2009) discussing General Motors bankruptcy.
Fox Business, “Your World with Neil Cavuto” (May 14, 2009) discussing Chrysler bankruptcy filing.
Fox News, “Fox and Friends” (December 19, 2008) discussing reorganization of automotive industry.
PBS, “The Newshour with Jim Lehrer” (October 17, 2005) discussing bankruptcy reform legislation, video available here .
CNN, “Lou Dobbs Tonight” (March 2005) discussing bankruptcy reform legislation.
CNBC, (July 2002) discussing WorldCom Bankruptcy.
CNBC, “Business Center” (February 6, 2002) discussing Congressional Hearings on Enron matter.
CNBC, “Business Center” (February 1, 2002) discussing Enron bankruptcy.
ABC Evening News, “Bankruptcy Reform” (February 2001).
Bloomberg News, “Bankruptcy Reform” (February 2001).
CNNfn, “Bankruptcy Reform” (February 2001).
Bloomberg News (November 2000).
Appearance on CNN “Burden of Proof” to discuss AOL-Time Warner merger (March 2000).
Appearance on PBS “The Newshour with Jim Lehrer” to discuss bankruptcy reform (June 14, 1999).
Multiple appearances on C-Span archived here .
RADIO AND PODCAST INTERVIEWS
Hugh Hewitt Show, “Nursing Homes are in Crisis. Shutting Down the Economy Won’t Help Them.” (April 28, 2020), listen 04-28hhs-zywicki.
Fourth Branch Podcast, Deep Dive–Loan Shark Prevention Act, THE FEDERALIST SOCIETY (May 31, 2019), listen here.
The Tom Woods Show, “Bad Ideas: Bernie and AOC Want to Cap Credit Card Interest Rates” (May 28, 2019), listen here.
Whose Afraid of Consumer Credit? A Discussion with Todd Zywicki, LIBERTY LAW (Oct. 27, 2104), listen here .
Market Wrap with Moe Ansari, “Consumer Credit and the American Economy” (Nov. 5, 2014), listen here .
The Bob Zadek Show, “Consumers Beware: The Consumer Financial Protection Bureau is Here to Help” (Oct. 19, 2014), listen here .
The Real Clear Radio Hour with Bill Frezza, “Are Americans Maxing Out?” (Aug. 23, 2014), listen here .
The Bob Zadek Show, “Repeal the 17th Amendment?” (June 24, 2012), listen here .
WTOP Radio, “Obama Acts Alone in Picking Head of Consumer Protection Bureau” (Jan 4, 2011), listen here .
John Batchelor Show, “The Auto Bailouts and the Rule of Law” (April 25, 2011), listen here .
“To The Point,” NPR, “The Supreme Court and the Bankrupt: Is Debt the American Way?” (Jan. 14, 2011), listen here .
“On Point,” NPR, “Pension Envy, Pension Crisis” (July 28, 2010) discussing public employee pensions, listen here .
Lou Dobbs Show to Discuss “Chrysler and the Rule of Law” (May 14, 2009).
Jerry Doyle Show to discuss “Chrysler and the Rule of Law” (May 13, 2009).
California Commerce (with John McCauley), KBPK, “Chrysler and General Motors,” listen here .
California Commerce (with John McCauley), KBPK, “Chrysler and the Rule of Law,” listen here .
“The Diane Rehm Show” to discuss Credit Card Holders’ Bill of Rights (May 5, 2009).
California Commerce (with John McCauley), KBPK, “Regulation of Consumer Credit,” listen here .
California Commerce (with John McCauley), KBPK, “Modifying Mortgages in Bankruptcy,” listen here .
Econtalk (with Russ Roberts), “Zywicki on Debt and Bankruptcy,” Podcast, listen here .
The Exchange, New Hampshire Public Radio, “Bankruptcy Law Reform,” listen here .
American Radioworks Documentary, “Bankrupt: Maxed Out in America,” listen here .
Appearance on “The Conversation” to discuss “New Consumer Bankruptcy Laws,” KUOW Radio Seattle (Sept. 20, 2005), Audio available here .
Regular Commentator on “The Laura Ingraham Show”
Appearance on “The Connection,” National Public Radio, to discuss Bankruptcy Reform (March 2002).
Appearance on NPR “The Diane Rehm Show” to discuss Bankruptcy Reform (May 25, 2000).
INTERNET
Colorado is Mapping a Dangerous Path on Access to Credit,” AMERCIAN BANKER (Jan. 2, 20234), available here.
The Biden Administration’s Contradictory Disdain for “Junk Fees,” RealClearMarkets.com (Sept. 18, 2023), available here.
The Plan to Make Credit Cards More Expensive, WSJ.com (July 6, 2023), available here.
Reforming American Higher Education: Intended and Unintended Consequences, Mindingthecampus.org (May 30, 2023), available here.
Durbin Doubles Down on Dubious Debit Decree (with Julian Morris), RealClearPolicy.com (Sept. 7, 2022), available here.
Junk Fees or Junk Policy? (with Howard Beales), TheHill.com (Mar. 21, 2022), available here.
Boy Scouts Bankruptcy Case Reveals the Threats Posed by Tort Lawyers, RealClearMarkets.com (Mar. 21, 2022), available here.
It Is Urgent That We Address Declining Vaccine Efficacy Against Variants, RealClearMarkets.com (Mar. 10, 2022), available here.
FTC’s Mistaken Pharma Competition Policy Harms Public Health, RealClearMarkets.com (Feb. 11, 2022), available here.
Cancel Culture Comes to Banking, NEWSWEEK.COM (Jan. 13, 2022), available here.
The CFPB’s Arbitrary Attacks on Payday Loans (with Thomas Miller, Jr.), WSJ.com (Jan. 2, 2022), available here.
The Racial Wealth Gap is About Investing Style, Not Discrimination, RealClearMarkets.com (Dec. 15, 2021), available here.
Doubling Down on Durbin Disaster: Interchange Fee Caps Shortchange Consumers, TruthOnTheMarket.com (Aug. 19, 2021), available in https://truthonthemarket.com/2021/08/19/doubling-down-on-durbin-disaster-interchange-fee-caps-shortchange-consumers/.
Nursing Homes Are in Crisis. Shutting Down the Economy Won’t Help Them. NATIONAL REVIEW ONLINE (April 28, 2020), available here.
The Wrong Kicks on Route 36 (with Tom Miller), REAL CLEAR POLITICS (Jan. 8, 2020), available here.
Sanders-Ocasio-Cortez Plan to Cap Credit Card Interest Rates Will Backfire on Consumers, USA TODAY (June 21, 2019), available here.
Postal Banking Isn’t the Fix for Financial Inclusion, AMERICAN BANKER (June 13, 2019), available here.
The Sanders-AOC Protection for Loan Sharks Act, REAL CLEAR POLITICS (June 2, 2019), available here.
Intolerance of Tolerance at George Mason University (with Lloyd Cohen), NATIONAL REVIEW ONLINE (May 13, 2016), available here .
A Ban That Will Only Help Class Action Lawyers (with Jason Johnston), REALCLEARMARKETS.COM (Dec. 9, 2015), available here .
The Unintended Consequences of CFPB Debt Reform (with Chad Reese), REALCLEARMARKETS.COM (Nov. 18, 2015), available here .
Your Credit History (The Accurate Version) , LIBERTY LAW (Oct. 20, 2014), available here .
Why Everything Elizabeth Warren Told You About Consumer Credit is Wrong , FORBES.COM (Oct. 10, 2014), available here .
What Elizabeth Warren Fails to Understand About Finance , ThinkAdvisor.com (Aug. 20, 2014), available here .
How to Help the Unbanked? Repeal the Durbin Amendment (with Geoffrey Manne and Julian Morris), FORBES.COM (Aug. 4, 2014), available here .
The Corporatatist Legacy of the Auto Bailouts , LIBERTY LAW (Jan. 13, 2014), available here .
Making Financial Regulation Anti-Fragile , LIBERTY LAW (Dec. 15, 2013), available here (Book Review, Nassim Taleb, Antifragile ).
The Next Financial Crisis: What Will the Market Expect? , LIBERTY LAW (May 19, 2013), available here (Book Review, Vern McKinley, Financing Failurw ).
Policy-Based Evidence-Making at The Consumer Financial Protection Bureau , LIBERTY LAW (Jan. 21, 2013), available here .
Regulatory Decadence and Dodd-Frank , LIBERTY LAW (Dec. 16, 2012), available here (Book Review, David Skeel, The New Financial Deal ).
From Kelo With Love: Revisiting Kelo’s Flawed Economics and Vacuous Constitutionalism , LIBERTY FORUM (Nov. 4, 2012), available here .
The Banality of Bailouts, Special-Interests, and Political Corruption , LIBERTY LAW (Oct. 29, 2012), available here .
The Revenge of Richard Nixon: The Consumer Financial Protection Bureau Spreads Its Tentacles , LIBERTY LAW (Oct. 20, 2012), available here .
The Rule of Law and the Auto Bailouts: A Conversation with Todd Zywicki , LIBERTY LAW TALK PODCAST (June 3, 2012), available here .
Milton Friedman and Friedrich Hayek: Fifty Years Later , LIBERTY LAW (May 4, 2012), available here .
Upholding the Rule of Law, In Season and Out of Season , LIBERTY LAW (Apr. 20, 2012), available here .
The Robo-Signing Settlement: Seeds of Recovery or Chaos? , FORBES.COM (Feb. 20, 2012), available here .
It’s Time to Finalize the Robo-Signing Settlement , FORBES.COM (OCT. 17, 2011), available here .
The Truth About the Auto Bailouts , REAL CLEAR POLITICS (July 13, 2011), available here .
Durbin’s Innovation Killer: The Durbin Amendment would Raise Costs for Consumers, Increase Fraud, and Kill Innovation , THE AMERICAN (June 11, 2011), available here .
Deutsche Bank a Scapegoat for Bad Housing Policy , FORBES.COM (May 11, 2011), available here .
Reason.tv, “The Next Great Leap Backwards for Consumer ‘Rights’” (August 2009), available here .
Obama’s Ailing Popularity , FORBES.COM (August 21, 2009), available here .
My Favorite President: Calvin Coolidge , NATIONAL REVIEW ON-LINE (February 16, 2009), available here .
Rebalancing the Bankruptcy Code , JURIST, August 18, 2005, available here .
Credit Worthy , NATIONAL REVIEW ON-LINE (March 16, 2005), available here.
Bankrupt Criticisms , NATIONAL REVIEW ON-LINE (March 15, 2005), available here .
I have also been quoted regularly in major media outlets on issues of Congressional bankruptcy reform legislation and on the Enron and WorldCom bankruptcy cases, including The New York Times , The Wall Street Journal , Washington Post , Washington Times , Boston Globe , Washington Times , Christian Science Monitor , Houston Chronicle , Dallas Morning News , Toronto Star , and many other leading newspapers and magazines. Quoted in “Washington Whispers,” U.S. News & World Report (Aug. 5, 2002). I have also been quoted in several foreign publications, including the BBC (Britain), the Daily Yomiuri (Japan), and RP Online (Germany).
PROFESSIONAL ACTIVITIES
Board of Directors, Competitive Enterprise Institute (2013-present).
Senior Fellow, F.A. Hayek Program on Politics, Philosophy, and Economics (2012-present).
Board of Trustees, Center for Excellence in Higher Education (2010-present).
Board of Trustees, Institute for Humane Studies (2009-present).
Editor, Supreme Court Economic Review (2001-2003, 2006-present).
Board of Directors (2008-present) and Chair of Academic Advisory Council (2000-present), The Bill of Rights Institute.
Senior Fellow, Goldwater Institute (2007-2012).
Trustee, Yorktown University (2009-2015).
Member of Governing Board (2008-present) and Advisory Council (2007-present), Financial Services Research Program at
George Washington University School of Business.
Member, United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in America’s Bankruptcy System” (2006-2008).
Alumni Trustee, Dartmouth College Board of Trustees (2005-2009).
Chair, Academic Advisory Panel, McCormick Tribune Freedom Museum (debuted Spring 2006), August 2004-present.
Advisory Board, ABI Law Review (2003-present).
Chair, Academic Advisory Panel, “We the People in IMAX,” IMAX Film with accompanying educational material (Premiering September 2004).
Member, Board of Directors (2009-present) and Program Advisory Board, Foundation for Research on Economics and the Environment (2006-present).
Referee, American Political Science Review; Contemporary Economic Policy; International Review of Law and Economics , Review of Austrian Economics ; Advances in Austrian Economics ; Journal of Institutional and Theoretical Economics ; Journal of Institutional Economics ; Philosophy, Politics, and Economics ; Journal of Bioeconomics ; Supreme Court Economic Review (2000-present).
Research Fellow, International Center for Economic Research (ICER), Turin, Italy (May-June, 2002).
Editor, Supreme Court Economic Review , Volume 10 (2001-2003).
Consejo Consultivo of the Centro de Opcion Publica, Universidad de Francisco Marroquin,
Guatemala (Academic Advisory Council of Public Choice Center at University of Francisco Marroquin)
Guatemala City, Guatemala (2000-c.2008).
Senior Research Fellow, Program on Markets and Institutions, James Buchanan Center for Political Economy at George Mason University (2001-2012).
Contributing Editor, NORTON BANKRUPTCY TREATISE Chapter 51, Property of the Estate (1997-present).
Co-Chair, Bankruptcy Subcommittee, Federalist Society Financial Services and E-Commerce Practice Group (1999-present).
Member of Board of Directors (2009-present) and Chair of Academic Advisory Council (1999-present), Bill of Rights Institute.
Co-Authored several proposals and position papers for the National Bankruptcy Review Commission (1997).
Member, American Bankruptcy Institute (1999-present).
SCHOLARLY LECTURES AND PRESENTATIONS (Not Updated)
“Did Lack of Consumer Protection Cause the Crisis?” Cato Institute (March 16, 2010).
“Protecting Consumers in the Financial Marketplace: Thinking Outside the Boxes,” Heritage Foundation (March 11, 2010). Video here .
“In the Green Room: Professor Todd Zywicki on Proposed Financial Reforms,” Heritage Foundation (March 12, 2010). Video here .
“The Mortgage Crisis,” Lecture Presented and Updated. Presentation here .
“The Global Financial Crisis,” Bruno Leoni Institute, Rome, Italy (Dec. 5, 2008). Powerpoint presentation here .
“The Future of Financial Services: Government Control Versus the Free Market,” Federalist Society National Lawyers Convention (Nov. 21, 2008). Powerpoint presentation here . Video/Audio here .
“The Mortgage Crisis,” Mercatus Center Capitol Hill Campus (Nov. 18, 2008). Powerpoint presentation here .
“Consumer Protection in the Credit Card Industry,” Mercatus Center Capitol Hill Campus (June 2008). Powerpoint presentation here.
“Exploring Issues in the Subprime Market,” Mercatus Center Capitol Hill Campus (July 12, 2007). Powerpoint presentation here .
“Recent Developments in Competition Policy in the United States,” Reykjavik University, Reyjavik, Iceland (June 5, 2007).
“The Causes and Consequences of BAPCPA,” Northern Virginia Bankruptcy Bar (March 15, 2007). Powerpoint presentation here .
“The Economics of Consumer Lending,” Mercatus Center Capitol Hill Campus (March 7, 2007). Powerpoint presentation here .
Speaker, “Watters v. Wachovia Bank : The Roberts Court Weighs in on Preemption,” American Enterprise Institute (November 28, 2006), video available here .
Workshop Presentation, Bankruptcy and Personal Responsibility , Chapter 3 “Credit Cards and Bankruptcy,” Duke Law School (Sept. 29, 2006).
Speaker, “Rebalancing the Code: The Consumer Provisions of BAPCPA,” Symposium, “The Changing Landscape of Bankruptcy in America,” sponsored by Widener Law Review (February 23, 2006).
Speaker, “Is Tony the Tiger Making Kids Fat?” Sponsored by The Federalist Society, Mississippi College School of Law (February 16, 2006).
Speaker, “Bankruptcy 2.0(05): Chapters, Changes, and Challenges,” Symposium sponsored by American University Law Review (February 10, 2006).
Speaker, “Food Marketing to Children,” Society of Nutrition Educators, Orlando (July 27, 2005).
Speaker, “Federal Consumer Protection Regulation: Disclosures and Beyond,” Philadelphia Federal Reserve Payment Cards Center (June 10, 2005), powerpoint presentation here .
Speaker, “Regulating Domestic Markets: My Experience in the Federal Trade Commission,” Universidad de Francisco Marroquin, Guatemala City, Guatemala, video available here .
Speaker, “Kids, Cartoons, and Cookies: Should We Restrict the Marketing of Food to Children?” Cato Institute Policy Forum (June 7, 2004), program available on Real Video here . Also included in July 2004 Cato Audio Program.
Speaker, “How Should Competition Policy Transform Itself? Designing the New Competition Policy,” Tokyo, Japan, Inaugural Symposium of Competition Policy Research Center, Fair Trade Commission of Japan (Nov. 20, 2003).
Speaker, “The Law and Economics of Predatory Lending,” National Press Club, Sponsored by the Federalist Society for Law & Public Policy (July 24, 2003).
Lecturer, “Summer Institute for Teachers,” Sponsored by the Bill of Rights Institute (July 14, 2003 and July 19, 2003).
Speaker, “A WorldCom Phoenix? Is Bankruptcy a Tool for Competitive Advantage?” National Press Club, Sponsored by the New Millenium Research Council (Sept. 27, 2002).
Speaker, “Will Bankruptcy Reform Make the Bankruptcy Laws More Fair and Efficient?” Cato Institute (Sept. 23, 2002).
Speaker, “Understanding the Ecology, Economics, and Ethics of Climate Change,” Foundation for Research on Economics and the Environment Seminar for Federal Judges (July 9-14, 2002).
Lecturer, “Summer Institute for Teachers,” Sponsored by the Bill of Rights Institute (July 8-9, 2002).
Workshop Speaker, “Why So Many Bankruptcies and What to Do About It? An Institutional and Transactions Cost Analysis of Bankruptcy Law and Bankruptcy Reform,” Boston College School of law (April 9, 2002).
Workshop Speaker, “The Rise and Fall of Efficiency in the Common Law: A Supply-Side Analysis,” Dartmouth College Legal Studies Workshop (April 1, 2002).
Workshop Speaker, “The Reciprocity Instinct: An Evolutionary Analysis of Reciprocity, Promise-Keeping, and Bankruptcy Law,” George Washington University School of Law (August 29, 2001).
Speech, “The Economics of Developing Countries: Understanding the Institutions of Developing Countries,” Congress (August 28, 2001).
Speaker, “The Law and Economics of Consumer Credit,” The Federalist Society (June 27, 2001).
Presenter, “The Rise and Fall of Efficiency in the Common Law: A Supply-Side Analysis,” American Law & Economics Annual Meeting, Georgetown University (May 2001).
Workshop Speaker, “The Rise and Fall of Efficiency in the Common Law: A Supply-Side Analysis,” NYU Austrian Economics Colloquium, New York University Department of Economics (March 2001).
Workshop Speaker, “The Political Economy of Tort Law and Tort Reform,” J.M. Kaplan Workshop in Political Economy, George Mason University Department of Economics (February 2001).
Workshop Speaker, “Bankruptcy and Reciprocity,” University of Colorado School of Law (October 2000).
Presenter, “Bankruptcy and Reciprocity,” Canadian Law and Economics Association (October 2000).
Workshop Speaker, “Bankruptcy and Reciprocity,” University of Virginia School of Law (March 2000)
Workshop Speaker, “Was Hayek Right About Group Selection After All?” Center for the Study of Public Choice, George Mason University (March 2000).
Panelist, “Levels of Selection,” presented at the Annual Meeting of the Public Choice Society, Charleston, SC (March 2000).
Workshop Speaker, “Bankruptcy and Reciprocity,” to be presented at Benjamin N. Cardozo School of Law, Yeshiva University (February 2000).
Workshop Speaker, “Bankruptcy and Reciprocity,” Emory University School of Law (November 1999).
Workshop Speaker, “Bankruptcy and Reciprocity,” University of Georgia School of Law (November 1999).
Workshop Speaker, “Bankruptcy and Reciprocity,” Notre Dame University School of Law (November 1999).
Speaker, “Bankruptcy and Reciprocity,” presented at the Society for the Evolutionary Analysis of Law Annual Meeting (August 1999).
Speaker, “The Logic and Limits of Freedom of Contract: An Application to Bankruptcy and Securities Law,” presented to congressional staffers (July 1999).
Faculty, Norton Institute on Bankruptcy Law, Las Vegas, NV (March 18-21, 1999).
Congressional Staff Briefings on the Bankruptcy Reform Bill of 1999 (March 1999).
Speaker, “The Role of Tradition in Constitutional Interpretation: A Response to Souter and Scalia,” sponsored by the Federalist Society and the Virginia Hayek Society, University of Virginia School of Law (January 27, 1999).
Speaker, “The Common Law and the Environment: Rethinking the Statutory Basis for Modern Environmental Law,” 1998 Political Economy Forum, sponsored by the Political Economy Research Center, Bozeman, Montana (October 2-4, 1998).
Speaker, “The Political Economy of Environmental Regulation and Reform,” J.M. Kaplan Workshop in Political Economy, George Mason University Department of Economics (September 28, 1998).
Faculty, “Liberty and Society Academic Seminar,” sponsored by the Institute for Humane Studies, (July 1998).
Speaker, “Revisions to Article 2 of the Uniform Commercial Code,” sponsored by the Business Law Section of the Mississippi Bar (March 1998).
Workshop Speaker, “Rewrite the Bankruptcy Laws, Not the Scriptures: Protecting a Bankruptcy Debtor’s Right to Tithe,” Mississippi College School of Law (March 1998).
Panel on “Whither Disinterestedness?” presented at the Meeting of the American Bar Association Business Law Section Business Bankruptcy Committee, Friday (October 17, 1997).
Expert Testimony
In re: HSBC USA, N.A., Debit Card Overdraft Fee Litigation , Civil Action No. 2:13-MD-02451 (2013).
James v. National Financial , Delaware Court of Chancery, C.A. No. 8931-VCL (2014).
Morgan Drexen, Inc. and Kimberly A. Pisinski v. Consumer Financial Protection Bureau , United States District Court for the District of Columbia, Civil Action No. 13-01112 (CKK) (2013).
Cox v. Community Loans of America , United States District Court, Middle District of Georgia, Case No. 4:11-cv-177 (CDL) (2013).
Hamer v. Sam’s East, Inc. , United States District Court, Western District of Missouri, Case No. Case No. 4:08-cv-00788-HFS (2012).
Experian Information Solutions, Inc. v. Lifelock, Inc. , United States District Court, Central District of California, Case No. SACV08-00165 AB (2009).
Anthony V. Valaitis v. Third Federal Saving & Loan Association of Cleveland , Court of Common Pleas, Lake County, OH, Case No. 07 CV 002329 (2008).
Bhandari v. Nilsestuen, et al. , Dane County, Wisconsin, Case No. 07-CV-2226 (2008).
Charles Brown, et al. v. David Hovatter, et al. , United States District Court for the District of Maryland, Case No. 1:06-CV-00524-RDB (2007).
Smith v. PNC Mortgage Corp. of America ( In re Smith ), United States Bankruptcy Court, Southern District of Alabama, Southern Division, Case No. 98-11129, Adv. No. 99-1138 (2002).
Rocky Dwayne Sheffield v. Homeside Lending, Inc. ( In re Sheffield ), United States Bankruptcy Court for the Southern District of Alabama, Southern Division, Case No. 97-10511-MAM (2000).