On Wednesday, July 10, from 4 - 5:30 pm, a panel with former top financial regulators and scholars broke down recent Supreme Court rulings impacting both due process and policy within administrative agencies and the implications for financial services industries, banks, and financial regulatory agencies. In light of the Supreme Court’s decision last week in Securities and Exchange Commission v. Jarkesy, as well as recent rulings in Chevron, Tullo, and Cantero, former SEC Chair Jay Clayton and Bank Policy Institute President & CEO Greg Baer along with the Constitutional Renewal Foundation, the C. Boyden Gray Center and the New Civil Liberties Alliance, discussed due process and policy issues on the horizon impacting key financial institutions.

In particular, the event featured keynote remarks by BPI President & CEO Greg Baer who described how ad hoc mandates and examination secrecy dictate the current business of banking and due process concerns raised by these mandates. Greg’s remarks were followed by a panel discussion with senior attorneys, academics and former regulators offering insight into the recent Supreme Court rulings (including Cantero, Chevron, Vullo, and others) and how these decisions impact bank examination and influence trends in banking practices and regulation. Join us following the panel discussion for a cocktail reception.

Agenda:

Jenn Mascott

Welcoming Remarks:

Jenn Mascott

Founding Director, Constitutional Renewal Foundation

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Jenn Mascott

Jenn Mascott

Founding Director, Constitutional Renewal Foundation

Jennifer Mascott is the Founding Director of the Constitutional Renewal Foundation and Associate Professor of Law and Director of the Separation of Powers Institute at Catholic Law. Professor Mascott writes in the areas of administrative and constitutional law, theories of constitutional and statutory interpretation, and the constitutional structural separation of powers. She also serves as a Supreme Court contributor for NBC Universal. Her scholarship has been cited extensively by the Supreme Court and federal circuit and district courts and has been published or is forthcoming in the Stanford Law Review, the Notre Dame Law Review, the Supreme Court Review by the University of Chicago Press, the George Washington Law Review, the BYU Law Review, the Harvard Journal of Law and Public Policy, and the George Mason Law Review, among other journals.

Greg Baer

Keynote Remarks:

Greg Baer

President & CEO, Bank Policy Institute

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Panel Discussion:

Greg Baer

Greg Baer

President & CEO, Bank Policy Institute

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Greg Baer

Greg Baer

President & CEO, Bank Policy Institute

Greg Baer is the President and CEO of the Bank Policy Institute. Previously, he served as President of The Clearing House Association and Executive Vice President and General Counsel of The Clearing House Payments Company, Managing Director and Head of Regulatory Policy at JPMorgan Chase, General Counsel for Corporate and Regulatory Law at JPMorgan Chase, Deputy General Counsel for Corporate Law at Bank of America, and as a partner and co-head of the financial institutions group at Wilmer, Cutler, Pickering, Hale & Dorr. Mr. Baer also served as Assistant Secretary for Financial Institutions at the U.S. Department of the Treasury from 1999 to 2001 after serving as Deputy Assistant Secretary, and as managing senior counsel at the Board of Governors of the Federal Reserve System.

Mark Chenoweth

Mark Chenoweth

President and Chief Legal Officer, NCLA

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Mark Chenoweth

Mark Chenoweth

President and Chief Legal Officer, NCLA

NCLA’s President and Chief Legal Officer, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit. Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.

Daryl Joseffer

Daryl Joseffer

Executive Vice President of the Chamber Litigation Center

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Daryl Joseffer

Daryl Joseffer

Executive Vice President of the Chamber Litigation Center

Daryl Joseffer is executive vice president and chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. A former principal deputy solicitor general, Joseffer has argued 12 cases in the U.S. Supreme Court and briefed many more. He has argued dozens of appeals in other courts across the country.

Before joining the Chamber, Joseffer practiced law with King & Spalding LLP, where he was a partner and head of the firm’s appellate group. Previously, he served in the Solicitor General’s Office and as a deputy general counsel in the White House Office of Management and Budget, a partner at Kirkland & Ellis, and a law clerk to the Honorable Jerry E. Smith, Circuit Judge of the U.S. Court of Appeals for the Fifth Circuit.

He graduated magna cum laude from Harvard Law School and received a B.A. in economics from Stanford University.

Julie Hill

Julie Hill

Dean, University of Wyoming College of Law

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Julie Hill

Julie Hill

Dean, University of Wyoming College of Law

Julie Andersen Hill is the Dean of the University of Wyoming College of Law. Known for her expertise in banking and commercial law, Hill has authored more than a dozen articles examining the unwritten rules of banking regulation. She is a frequent commentator for national media outlets, including American Banker, Bloomberg, NPR, Reuters, and the Wall Street Journal. Hill previously served as the Vice Dean and Alton C. and Cecile Cunningham Craig Professor of Law at the University of Alabama School of Law and as a faculty member at the University of Houston Law Center. Before entering the legal academy, Hill practiced law in the Washington, D.C. office of Skadden, Arps, Slate, Meagher & Flom LLP.

Adam White

Moderator:

Adam White

C. Boyden Gray Center

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Adam White

Adam White

C. Boyden Gray Center

Adam White directs the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State, and he is a senior fellow at the American Enterprise Institute with the inaugural Laurence H. Silberman Chair in Constitutional Governance. He writes and often testifies before Congress on regulatory reform generally and financial regulation specifically. Previously he practiced law at Boyden Gray & Associates, where he helped to design and litigate the original constitutional challenges to the Dodd-Frank Act’s CFPB, FSOC, and Orderly Liquidation Authority; and at Baker Botts, where he focused on energy regulation. He clerked for the D.C. Circuit’s Judge David B. Sentelle, and he currently serves as chairman of the American Bar Association’s Administrative Law Section.

For more information, please contact taylor@constitutionalrenewal.org