Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
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.
Senior Attorney, Institute for Justice
Robert Frommer serves as a senior attorney with the Institute for Justice. He joined the Institute in August 2008 and is currently litigating on behalf of SpeechNow.org, a group challenging the federal campaign finance laws regarding free speech.
Before joining IJ, Robert was an attorney with the Washington, D.C., office of Gibson, Dunn & Crutcher LLP, where he litigated both complex litigation and public-interest matters. He is a former law clerk to Judge Morris Sheppard Arnold of the U.S. Court of Appeals for the Eighth Circuit.
Robert received his law degree magna cum laude from the University of Michigan Law School in 2004, where he was elected to the Order of the Coif and served as both a book review editor for the Michigan Law Review and president of the Federalist Society student chapter. Before going to law school, Robert earned a master's degree in economics from George Mason University.
Adam Griffin is a graduate of the University of North Carolina School of Law. During law school, he served as a research assistant to Professor Stephen E. Sachs and UNC Law Dean Martin Brinkley. After law school, Adam spent two years litigating for liberty at the Institute for Justice as an inaugural Law and Liberty Fellow. He then served as a law clerk to Chief Judge Richard E. Myers in the United States District Court for the Eastern District of North Carolina, and previously worked at Pacific Legal Foundation and the Civil Rights Division of the Department of Justice.
Senior Attorney, Institute for Justice
Robert Frommer serves as a senior attorney with the Institute for Justice. He joined the Institute in August 2008 and is currently litigating on behalf of SpeechNow.org, a group challenging the federal campaign finance laws regarding free speech.
Before joining IJ, Robert was an attorney with the Washington, D.C., office of Gibson, Dunn & Crutcher LLP, where he litigated both complex litigation and public-interest matters. He is a former law clerk to Judge Morris Sheppard Arnold of the U.S. Court of Appeals for the Eighth Circuit.
Robert received his law degree magna cum laude from the University of Michigan Law School in 2004, where he was elected to the Order of the Coif and served as both a book review editor for the Michigan Law Review and president of the Federalist Society student chapter. Before going to law school, Robert earned a master's degree in economics from George Mason University.
Adam Griffin is a graduate of the University of North Carolina School of Law. During law school, he served as a research assistant to Professor Stephen E. Sachs and UNC Law Dean Martin Brinkley. After law school, Adam spent two years litigating for liberty at the Institute for Justice as an inaugural Law and Liberty Fellow. He then served as a law clerk to Chief Judge Richard E. Myers in the United States District Court for the Eastern District of North Carolina, and previously worked at Pacific Legal Foundation and the Civil Rights Division of the Department of Justice.
Amicus Attorney, The Foundation for Individual Rights and Expression
Abby joined FIRE after her tenure at the Becket Fund for Religious Liberty, where she litigated First Amendment student group cases from coast to coast. She also worked at a trial litigation boutique in southern California. Abby has filed briefs on the First Amendment in state and federal court at the trial and appellate court levels, including before the U.S. Supreme Court.
Abby received her B.S. in economics and her B.A. in Chinese language and literature from the University of Pittsburgh, where she graduated summa cum laude. During college, she also spent a year at Tsinghua University as a Boren Fellow. She later received her J.D. from the University of Chicago Law School, where she won the 2018 Hinton Moot Court Competition. After law school, Abby clerked for the Honorable Michael B. Brennan on the Seventh Circuit Court of Appeals in Milwaukee, Wisconsin. She is admitted to practice in New York and California, as well as several federal appellate courts and the U.S. Supreme Court.
Abby lives outside Dallas, Texas, with her husband and family. They enjoy reading together, volunteering with their local church, and continuing to fix their leaky pool.
Partner, Phelps Dunbar LLP
Mike Hurst is a partner with Phelps Dunbar LLP where he optimizes his in-depth knowledge of the court system, investigative and prosecutorial agencies, the regulatory arena, and the public policy realm to help clients facing government investigations, enforcement actions, regulatory matters, general litigation and policy issues. Mike currently serves as the General Counsel of the Republican National Committee and as Chairman of the Mississippi Republican Party. He previously served as the U.S. Attorney for the Southern District of Mississippi from 2017-2021, and with over 20 years of experience before judges, juries and policy makers, handling some of the largest and most high-profile cases in Mississippi, he's known for untangling the most complex legal issues.
As U.S. Attorney, Mike was described as a “hard charger,” leading efforts to combat violent crime, human trafficking and public corruption, among many other issues, throughout Mississippi. He almost tripled prosecutions in the U.S. Attorney’s Office over a three-year period, resulting in the most indictments and federal defendants indicted in a one-year period in Mississippi history. He created innovative and national award-winning crime-fighting solutions, like “Project EJECT,” and he established the first statewide, multilevel and multidisciplinary human trafficking body, the Mississippi Human Trafficking Council, to comprehensively and holistically address this criminal scourge.
During his tenure as U.S. Attorney, Mike oversaw some of the biggest cases in Mississippi history: the largest health care fraud scheme (Wade Walters, et. al.), the largest Ponzi scheme (Lamar Adams), the largest False Claims Act health care fraud settlement (Region 8), and the largest nursing home False Claim Act settlement (Hyperion). In addition, as Chief Federal Law Enforcement Officer for the Southern District, Mike coordinated the largest single-state immigration worksite enforcement operation in our nation’s history, involving hundreds of federal law enforcement agents covering seven different locations operated by multiple companies.
Mike’s no show pony – he’s a work horse. Before his tenure as U.S. Attorney, Mike was an Assistant U.S. Attorney for the Southern District of Mississippi for more than eight years. He handled some of the most difficult and complex cases in that office, dealing with white collar crimes, public corruption and financial fraud, including numerous jury trials before almost every federal judge in the Southern District.
He also has experience in the private sector. He has practiced law in Washington, D.C., and has served as a litigator and general counsel for a conservative nonprofit. He also has extensive experience in public policy, having served as the Legislative Director to a U.S. Congressman and as Counsel to the House Judiciary Committee.
Mike has also testified before both the United States Senate and the U.S. House of Representatives on issues ranging from crime to Presidential pardons. He has worked on all sides of the legal, regulatory, investigative, prosecutorial and policy spectrum. The incredible insight gained from this varied experience enables him to find a path forward for clients, no matter how complicated the case.
Partner, Phelps Dunbar LLP
Mike Hurst is a partner with Phelps Dunbar LLP where he optimizes his in-depth knowledge of the court system, investigative and prosecutorial agencies, the regulatory arena, and the public policy realm to help clients facing government investigations, enforcement actions, regulatory matters, general litigation and policy issues. Mike currently serves as the General Counsel of the Republican National Committee and as Chairman of the Mississippi Republican Party. He previously served as the U.S. Attorney for the Southern District of Mississippi from 2017-2021, and with over 20 years of experience before judges, juries and policy makers, handling some of the largest and most high-profile cases in Mississippi, he's known for untangling the most complex legal issues.
As U.S. Attorney, Mike was described as a “hard charger,” leading efforts to combat violent crime, human trafficking and public corruption, among many other issues, throughout Mississippi. He almost tripled prosecutions in the U.S. Attorney’s Office over a three-year period, resulting in the most indictments and federal defendants indicted in a one-year period in Mississippi history. He created innovative and national award-winning crime-fighting solutions, like “Project EJECT,” and he established the first statewide, multilevel and multidisciplinary human trafficking body, the Mississippi Human Trafficking Council, to comprehensively and holistically address this criminal scourge.
During his tenure as U.S. Attorney, Mike oversaw some of the biggest cases in Mississippi history: the largest health care fraud scheme (Wade Walters, et. al.), the largest Ponzi scheme (Lamar Adams), the largest False Claims Act health care fraud settlement (Region 8), and the largest nursing home False Claim Act settlement (Hyperion). In addition, as Chief Federal Law Enforcement Officer for the Southern District, Mike coordinated the largest single-state immigration worksite enforcement operation in our nation’s history, involving hundreds of federal law enforcement agents covering seven different locations operated by multiple companies.
Mike’s no show pony – he’s a work horse. Before his tenure as U.S. Attorney, Mike was an Assistant U.S. Attorney for the Southern District of Mississippi for more than eight years. He handled some of the most difficult and complex cases in that office, dealing with white collar crimes, public corruption and financial fraud, including numerous jury trials before almost every federal judge in the Southern District.
He also has experience in the private sector. He has practiced law in Washington, D.C., and has served as a litigator and general counsel for a conservative nonprofit. He also has extensive experience in public policy, having served as the Legislative Director to a U.S. Congressman and as Counsel to the House Judiciary Committee.
Mike has also testified before both the United States Senate and the U.S. House of Representatives on issues ranging from crime to Presidential pardons. He has worked on all sides of the legal, regulatory, investigative, prosecutorial and policy spectrum. The incredible insight gained from this varied experience enables him to find a path forward for clients, no matter how complicated the case.
Open Minds with Prof. Eugene Volokh & Prof. Joshua Kleinfeld, Part I
Eugene Volokh, Joshua Kleinfeld
What made Professor Volokh the independent and influential thinker he is today? It began with...
Topics
A Critique of the ‘Congressional Dysfunction’ Critique of the Major Questions Doctrine
In an essay, “A Major Ruling on Major Questions,” published in The Regulatory Review in...
Litigation Update: United States v. Moore-Bush
Robert Frommer, Adam F. Griffin
Is long-term police use of a surveillance camera targeted at a person’s home and curtilage a Fourth Amendment search?
In 2017, ATF agents placed a surveillance camera on a pole across the street from...
Litigation Update: United States v. Moore-Bush
Robert Frommer, Adam F. Griffin
Is long-term police use of a surveillance camera targeted at a person’s home and curtilage a Fourth Amendment search?
In 2017, ATF agents placed a surveillance camera on a pole across the street from...
Topics
Book Review: The Nation That Never Was: Reconstructing America’s Story, by Kermit Roosevelt III
I have never left a bookstore empty-handed. That may seem an idle boast, but it’s...
Topics
In Singh v. Berger, D.C. Circuit Vindicates the Right of Sikhs to Serve as Marines
On December 23, the D.C. Circuit handed a sweeping victory to Jaskirat Singh, Aekash Singh,...
State Court Docket Watch: Young Americans for Liberty v. St. John IV
Abigail Smith
Alabama Supreme Court revives a challenge to campus speech restrictions.
In Young Americans for Liberty at the University of Alabama in Huntsville v. St. John...
Becoming a Revolutionary | Son of Liberty, Man of Law: John Adams & the Boston Massacre Trial
To kick off the all new season of the FedSoc Films Podcast, we spoke with...
Courthouse Steps Oral Argument: Turkiye Halk Bankasi A.S. v. United States
Mike Hurst
On January 17, 2023, the US Supreme Court will hear oral argument in Turkiye Halk...
Courthouse Steps Oral Argument: Turkiye Halk Bankasi A.S. v. United States
Mike Hurst
On January 17, 2023, the US Supreme Court will hear oral argument in Turkiye Halk...