Todd J. Zywicki

George Mason University Foundation Professor of Law

Antonin Scalia Law School, George Mason University

Todd J. Zywicki

George Mason University Foundation Professor of Law

Antonin Scalia Law School, George Mason University

Todd Zywicki is George Mason University Foundation Professor of Law at George Mason University Antonin Scalia School of Law, Research Fellow of the Law & Economics Center, and former Executive Director of the GMU Law and Economics Center. In 2020-21 he served as the Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted into the American College of Consumer Financial Services Lawyers. He served as Chair of the Association of American Law Schools Section on Law & Economics in 2019. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. In 2009, Professor Zywicki was the recipient of the Institute for Humane Studies 2009 Charles G. Koch Outstanding IHS Alum Award. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017 and as Editor from 2001-2002. He teaches in the area of Bankruptcy, Contracts, Commercial Law, Law & Economics, and Public Choice and the Law. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.

Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his JD from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an MA in Economics from Clemson University and an AB cum Laude with high honors in his major from Dartmouth College.

Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He has been one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network, both All Time and during the Past 12 Months, and is currently ranked in the top 10% in total number of downloads for all fields on SSRN. From 2013-2017 and 2010-2014 he was among the ten most-cited faculty in the field of Commercial Law. From 2005-2009 was the eleventh most-highly cited law professor in the fields of Commercial Law and Bankruptcy and the most-cited Commercial Law and Bankruptcy scholar under the age of 45 (at that time). He has testified several times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street JournalNew York TimesWashington PostSports IllustratedWashington TimesForbesNightlineNational ReviewNBC Nightly NewsThe Newshour with Jim LehrerFox and Friends, Fox Business, CNN, CNBC, Bloomberg News, BBC, ABC Radio, The Diane Rehm ShowLou Dobbs Radio ShowNeil Cavuto ShowJohn Batchelor Show, and The Laura Ingraham Show. He is a contributor to the popular legal blog The Volokh Conspiracy.

Professor Zywicki is also a Senior Fellow at the F.A. Hayek Program for Advanced Study in Philosophy, Politics and Economics, and has previously served as a Senior Scholar of the Mercatus Center at George Mason University,  Senior Fellow of the Cato Institute, Senior Fellow of the International Center for Law and Economics, a Fellow of the International Centre for Economic Research in Turin, Italy, a Lone Mountain Fellow of the Property and Environment Research Center, and Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace at Stanford University. He has lectured and consulted with government officials around the world, including the European Union, Germany, Canada, Guatemala, Iceland, Italy, Japan, and Romania. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.” In 2011 Professor Zywicki delivered the Dean Lindsey Cowen Lecture in Business Law and Regulation at Case Western Reserve School of Law. In 2013 he was invited to deliver a Vision Series Lecture at George Mason University (watch here). In 2013 he delivered the Jack R. Lee Chair of Financial Institutions and Consumer Finance Lecture at Mississippi State University School of Business. He was awarded the 2012 Society for the Development of Austrian Economics prize for “Best Article in Austrian Economics” for his article “Hayekian Anarchism” (co-authored with Edward Peter Stringham).

Professor Zywicki is a member of the board of trustees or advisory board of numerous nonprofit and educational organizations, including the Board of Directors of the Institute for Humane Studies, the Board of Directors of the The Bill of Rights Institute, the Executive Committee for the Federalist Society’s Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment (FREE), the Board of Trustees of the Center for Excellence in Higher Education, and the Competitive Enterprise Institute (where he also previously served as Chairman). He also previously served on the Advisory Council of the Centro para el Analisis de las Decisiones PublicasUniversidad de Francisco Marroquin, Guatemala City, Guatemala (Public Choice Center at University of Francisco Marroquin). He has also served as Chair of the Academic Advisory Council for The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees. He is a member of the Board of Visitors of Ralston College and was a trustee of Yorktown University.

Contributions

Deep Dive Episode 166 – The CFPB Taskforce Report on Federal Consumer Financial Law

March 4, 2021

CFPB Taskforce on Federal Consumer Financial Law Chair Todd Zywicki joins us to discuss his taskforce’s report.

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Deep Dive Episode 57 – Payday Lending Loans

June 5, 2019

In this episode, Todd Zywicki (Antonin Scalia Law School) discusses recent proposed rulemaking from the Consumer Financial Protection Bureau rescinding the “ability to repay” standard on small dollar lenders.

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Deep Dive Episode 56 – Loan Shark Prevention Act

May 31, 2019

This podcast examines the economics of interest-rate ceilings on consumer credit and the historical experience with such proposals, and discusses a proposal to create a Post Office bank.

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2018 JLEP Symposium: Financial Innovation and Innovative Financial Regulators

March 7, 2018

Government regulation is intended to improve the efficiency of markets and protect people from harms they cannot identify or prevent on their own. But, for decades, advocates have debated whether the regulatory process and rules developed through it are too strict or too lax; whether they properly account for all the things society values; and even whether they make society better or worse off on balance. The Journal of Law, Economics & Policy’s Symposium on Regulatory Reform, Transparency, and the Economy explored these and related questions as leading scholars and practitioners examined a number of recent regulatory proposals impacting a broad swath of the American economy – from banking and finance to energy and the environment, and from employment law to the internet economy. Speakers considered and debated how well these proposals would perform their intended functions and how they might be improved.

The symposium featured discussions of research papers prepared by experts working on the Federalist Society’s Regulatory Transparency Project. The proceedings of the Conference were published in a special symposium issue of George Mason’s Journal of Law, Economics & Policy.

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