Professor of Law, Northwestern University Pritzker School of Law
Joshua Kleinfeld teaches and writes about political, legal, and moral philosophy, criminal law, and criminal procedure. He also practices law in Northwestern's Juvenile Criminal Defense Clinic. He is a full professor with tenure at the Northwestern Pritzker School of the Law and (by courtesy) in Northwestern’s philosophy department. In 2017-18, he was a visiting professor at Harvard and Stanford Law Schools. He is the recipient of the Bator Award, given annually to one American law professor under the age of 40 who has demonstrated "excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact."
In philosophy, Kleinfeld's research focuses on the idea of "embodied ethical life," as developed in the socio-theoretic tradition of Hegel, Weber, and Durkheim. This tradition aims to understand and critique social life by bringing to light the normative ideas implicit in social practices and institutions. In law, this means that the most interesting philosophical concepts are often those reflected or actualized in legal practice – in the law as judges and lawyers think of it and wield it.
In criminal law and procedure, Kleinfeld has developed a theory known as "reconstructivism," which holds that the chief office of criminal law is not to dole out retributive justice, nor to optimize crime and cost control, but to reconstruct a violated normative order in the wake of a crime. This work, which draws on the thought of Hegel, Durkheim, Jean Hampton, and Antony Duff, develops an alternative to retributive and utilitarian theories of criminal law by focusing on the distinctive social function and sense of justice at work in the criminal system.
Kleinfeld is also involved in practical criminal justice reform. In this vein, he defends children accused of homicide in the Northwestern Juvenile Criminal Defense clinic and assists in litigation efforts meant to reform American criminal law through the courts. He has also developed a view of criminal justice reform known as "democratization," which holds that the root of the American criminal justice crisis is a set of bureaucratic attitudes, structures, and incentives divorced from the American public’s concerns and sense of justice, and that the primary solution is to make criminal justice more community-focused and responsive to lay influences. Working with others, he has developed a number of policy proposals meant to reform American criminal justice in a democratic direction.
Kleinfeld holds a JD from Yale Law School, a PhD in philosophy from the Goethe University of Frankfurt (supervised by Axel Honneth, Klaus Günther, and Rainer Forst), and a BA in philosophy from Yale College. He clerked for Judge J. Harvie Wilkinson on the United States Court of Appeals for the Fourth Circuit; Judge Janice Rogers Brown on the United States Court of Appeals for the D.C. Circuit; and President (chief justice) Aharon Barak of the Supreme Court of Israel. He worked as an Associate at Debevoise & Plimpton LLP in Frankfurt, Germany, in the area of corporate criminal law. Before law school, he worked as a Senior Research Analyst at the White House’s Council on Bioethics.
John S. Battle Professor of Law, University of Virginia School of Law
Julia D. Mahoney teaches courses in property, government finance, constitutional law and nonprofit organizations. A graduate of Yale Law School, she joined the University of Virginia faculty as an associate professor in 1999 and is now John S. Battle Professor of Law. She has also taught at the University of Southern California Law School and the University of Chicago Law School, and before entering the legal academy, practiced law at the New York firm Wachtell, Lipton, Rosen & Katz. Her scholarly articles include works on land preservation, eminent domain, health care reform and property rights in human biological materials.
Consultant, American Edge Project and U.S. Chamber of Commerce
Partner, Gibson, Dunn & Crutcher
Andrew Kilberg is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office, where he practices in the firm’s litigation department. A member of the firm’s Labor and Employment, Administrative and Regulatory, and Appellate and Constitutional Law practice groups, Andrew has significant experience challenging onerous federal regulations, advising on regulatory proposals, and defending agency enforcement actions and investigations. He has represented clients in federal district and appellate courts and before the U.S. Supreme Court, as well as before various agencies, authoring dozens of briefs, comment letters, and other submissions. His matters have covered wage and hour, ERISA, occupational safety and health, anti-discrimination, whistleblower, and labor relations issues. In addition to his labor and employment expertise, Andrew in 2019 was named a “Rising Star” in Telecom by Law360.
Between 2019 and 2021, Andrew served as Counselor to Secretary Eugene Scalia at the United States Department of Labor. In that role, he advised the Secretary and Deputy Secretary on a wide range of matters and led teams on important regulatory and other projects for the Office of the Secretary, including matters concerning environmental, social, and governance investing, proxy voting, the U.S.-Mexico-Canada Agreement, independent contractor status, apprenticeships, religious accommodation, evidentiary standards and procedures for non-discrimination enforcement actions, and the coronavirus pandemic. He also was responsible for coordination with several other executive branch agencies.
In addition to his work in court, Andrew regularly authors comment letters submitted to federal agencies, including the Department of Labor, the Federal Trade Commission, and the Federal Communications Commission. He also has written position statements submitted to the National Labor Relations Board and the Equal Employment Opportunity Commission, provided extensive advice on federal and state vaccine-related rules and litigation, labor relations, anti-discrimination and anti-retaliation matters, and ERISA issues, and represented clients in agency investigations and audits.
Before joining Gibson Dunn, Andrew clerked for U.S. Supreme Court Justice Anthony M. Kennedy and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit.
He received his law degree from the University of Virginia School of Law, where he was a member of the Order of the Coif and served as Articles Development Editor of the Virginia Law Review. He received an M. Phil. in Historical Studies from the University of Cambridge and was graduated magna cum laude with an A.B. in History from Princeton University.
Andrew is a member of the Virginia bar, and he is admitted to practice before the U.S. Supreme Court, U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Eleventh, and D.C. Circuits, the U.S. District Court for the District of Columbia, the Supreme Court of Virginia, and the District of Columbia Court of Appeals
Partner, Gibson, Dunn & Crutcher LLP
Judd Littleton is a versatile, creative appellate lawyer with considerable experience representing clients in their most consequential cases at every level of the judiciary, from developing and implementing legal strategy in the district court through appeals before the U.S. Supreme Court and federal and state appellate courts nationwide. He has built a remarkable record of successful challenges to federal agency action under the Administrative Procedure Act, and excels at handling complex, bet-the-company matters in the areas of appellate litigation, administrative law, and regulatory enforcement. Judd also regularly advises clients on strategic legal issues that precede litigation, including issues related to new laws and regulations and government investigations.
Judd obtained substantial government experience before going into private practice. After serving as a Bristow Fellow in the Office of the Solicitor General, where he worked on numerous cases before the U.S. Supreme Court and federal courts of appeals, Judd litigated cases involving a range of high-profile constitutional and statutory challenges to federal government actions in the Civil Division of the U.S. Department of Justice. For his work in that role, he received the Attorney General’s Distinguished Service Award, the Department’s second-highest award for employee performance. Judd clerked for Chief Justice John G. Roberts, Jr. of the U.S. Supreme Court and for Judge A. Raymond Randolph of the U.S. Court of Appeals for the D.C. Circuit.
Judd is a member of the Edward Coke Appellate Inn of Court and the Supreme Court Historical Society. He has been recognized multiple times by Lawdragon as a “Leading Litigator in America” in Appellate and Supreme Court practice and was named a National Law Journal “D.C. Rising Star” in 2019. A frequent speaker on Supreme Court and appellate advocacy, he has also served on Law360’s Appellate Editorial Advisory Board since 2023.
Consultant, American Edge Project and U.S. Chamber of Commerce
Partner, Gibson, Dunn & Crutcher
Andrew Kilberg is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office, where he practices in the firm’s litigation department. A member of the firm’s Labor and Employment, Administrative and Regulatory, and Appellate and Constitutional Law practice groups, Andrew has significant experience challenging onerous federal regulations, advising on regulatory proposals, and defending agency enforcement actions and investigations. He has represented clients in federal district and appellate courts and before the U.S. Supreme Court, as well as before various agencies, authoring dozens of briefs, comment letters, and other submissions. His matters have covered wage and hour, ERISA, occupational safety and health, anti-discrimination, whistleblower, and labor relations issues. In addition to his labor and employment expertise, Andrew in 2019 was named a “Rising Star” in Telecom by Law360.
Between 2019 and 2021, Andrew served as Counselor to Secretary Eugene Scalia at the United States Department of Labor. In that role, he advised the Secretary and Deputy Secretary on a wide range of matters and led teams on important regulatory and other projects for the Office of the Secretary, including matters concerning environmental, social, and governance investing, proxy voting, the U.S.-Mexico-Canada Agreement, independent contractor status, apprenticeships, religious accommodation, evidentiary standards and procedures for non-discrimination enforcement actions, and the coronavirus pandemic. He also was responsible for coordination with several other executive branch agencies.
In addition to his work in court, Andrew regularly authors comment letters submitted to federal agencies, including the Department of Labor, the Federal Trade Commission, and the Federal Communications Commission. He also has written position statements submitted to the National Labor Relations Board and the Equal Employment Opportunity Commission, provided extensive advice on federal and state vaccine-related rules and litigation, labor relations, anti-discrimination and anti-retaliation matters, and ERISA issues, and represented clients in agency investigations and audits.
Before joining Gibson Dunn, Andrew clerked for U.S. Supreme Court Justice Anthony M. Kennedy and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit.
He received his law degree from the University of Virginia School of Law, where he was a member of the Order of the Coif and served as Articles Development Editor of the Virginia Law Review. He received an M. Phil. in Historical Studies from the University of Cambridge and was graduated magna cum laude with an A.B. in History from Princeton University.
Andrew is a member of the Virginia bar, and he is admitted to practice before the U.S. Supreme Court, U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Eleventh, and D.C. Circuits, the U.S. District Court for the District of Columbia, the Supreme Court of Virginia, and the District of Columbia Court of Appeals
Partner, Gibson, Dunn & Crutcher LLP
Judd Littleton is a versatile, creative appellate lawyer with considerable experience representing clients in their most consequential cases at every level of the judiciary, from developing and implementing legal strategy in the district court through appeals before the U.S. Supreme Court and federal and state appellate courts nationwide. He has built a remarkable record of successful challenges to federal agency action under the Administrative Procedure Act, and excels at handling complex, bet-the-company matters in the areas of appellate litigation, administrative law, and regulatory enforcement. Judd also regularly advises clients on strategic legal issues that precede litigation, including issues related to new laws and regulations and government investigations.
Judd obtained substantial government experience before going into private practice. After serving as a Bristow Fellow in the Office of the Solicitor General, where he worked on numerous cases before the U.S. Supreme Court and federal courts of appeals, Judd litigated cases involving a range of high-profile constitutional and statutory challenges to federal government actions in the Civil Division of the U.S. Department of Justice. For his work in that role, he received the Attorney General’s Distinguished Service Award, the Department’s second-highest award for employee performance. Judd clerked for Chief Justice John G. Roberts, Jr. of the U.S. Supreme Court and for Judge A. Raymond Randolph of the U.S. Court of Appeals for the D.C. Circuit.
Judd is a member of the Edward Coke Appellate Inn of Court and the Supreme Court Historical Society. He has been recognized multiple times by Lawdragon as a “Leading Litigator in America” in Appellate and Supreme Court practice and was named a National Law Journal “D.C. Rising Star” in 2019. A frequent speaker on Supreme Court and appellate advocacy, he has also served on Law360’s Appellate Editorial Advisory Board since 2023.
Partner, Faegre Drinker Biddle & Reath LLP
Brian J. Paul is an appellate lawyer and leads law teams in high-stakes commercial litigation. He has briefed and argued everything from weighty abstract constitutional issues to dollars-and-cents business issues and everything in-between, both on appeal and in trial courts around the country. A member of the American Law Institute, recent past-president of the Seventh Circuit Bar Association and top-tier ranked Chambers appellate lawyer, Brian had one client say about him: “Brian is one of the most respected and skilled appellate lawyers, not only in Indianapolis but across the country. He is trusted to deliver timely guidance on complex issues.” Another said: “He is excellent. I enjoyed working with him. He is able to put things into layman’s terms and explains things really well. His written and oral advocacy are short, crisp and to the point.”
Clients hire Brian to digest the complex, and make the complex simple and compelling for busy, generalist judges. In his writing, he strives to cut through jargon and legalese, and distill things down to what’s important. In his oral advocacy, by intense preparation, he strives to be the advocate whom judges trust for the right answers. In the dozens of cases he has argued, Brian has helped clients win on both sides of the “v.” His recent representations include:
Associate, Faegre Drinker
Melinda Hudson represents clients in a broad range of litigation, dispute resolution and regulatory matters. For state and federal trial and appellate courts, she has drafted motions and briefs on threshold issues of justiciability, the merits of federal and state constitutional and statutory claims, and other legal issues. Melinda’s experience also includes taking depositions of plaintiffs and other witnesses, working with expert witnesses, and presenting oral argument to state and federal courts of appeals.
Before joining Faegre Drinker, Melinda served as a deputy attorney general in the Solicitor General Division in the Office of the Indiana Attorney General. She represented the State of Indiana and its officers and agencies in courts including the Indiana Supreme Court, U.S. Court of Appeals for the Seventh Circuit and the Supreme Court of the United States. She drafted critical motions, appellate briefs, and amici curiae briefs led by Indiana and joined by dozens of other states. Melinda also argued as lead counsel in appellate cases before the Seventh Circuit and Indiana Court of Appeals, and prepared the solicitor general of Indiana for oral arguments in state and federal courts, including the U.S. Supreme Court.
Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
Zack is a Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Open Minds with Prof. Julia Mahoney and Prof. Joshua Kleinfeld - Part II
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In Part 2, Professor Julia Mahoney joins Professor Joshua Kleinfeld to discuss freedom of thought...
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On August 20, 2024, the U.S. District Court for the Northern District of Texas struck...
Courthouse Steps Decision: Ryan LLC v. Federal Trade Commission
Asheesh Agarwal, Andrew G. I. Kilberg, Judson O. Littleton
On August 20, 2024, the U.S. District Court for the Northern District of Texas struck...
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