Professor of Law, Northwestern University Pritzker School of Law
Biography
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 Fellow and Director of Constitutional Studies, Manhattan Institute
Biography
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
Biography
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
Professor of Law, University of Arizona James E. Rogers College of Law
Speaker Information
Adam Gustafson
Senior Counsel for Environmental and Regulatory Affairs, Boeing
Biography
Adam Gustafson is a Senior Counsel for Environmental and Regulatory Affairs at Boeing.
Prior to joining Boeing, he served as Deputy General Counsel at the Environmental Protection Agency. Prior to that, he was a partner at Boyden Gray & Associates, where he represented States, federal judges, environmental groups, biofuel producers, agricultural interests, and public policy organizations, on such issues as the constitutional separation of powers, the First Amendment, automotive regulations, environmental computer models, healthcare regulation, and judicial deference to federal agencies.
Mr. Gustafson received his J.D. in 2009 from Yale Law School, where he was an editor of the Yale Law Journal, a managing editor of the Yale Journal of Law & the Humanities, and an executive editor of the symposium issue of the Harvard Journal of Law & Public Policy.
Mr. Gustafson served as a Vice President of the Yale Law School Federalist Society. He was a Coker Fellow, and his legal writing won the Joseph A. Chubb Competition Prize and the Edward D. Robbins Memorial Prize.
Mr. Gustafson graduated with high distinction in 2005 from the University of Virginia, where he was an Echols Scholar, a member of the Raven Society, a member of the rowing team, and a Lawn resident.
Before joining Boyden Gray & Associates, Mr. Gustafson was an associate at Cooper & Kirk, where he specialized in appellate litigation. Mr. Gustafson served as a law clerk to Judge Richard R. Clifton of the U.S. Court of Appeals for the Ninth Circuit, and to Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit.
David Berger Professor for the Administration of Justice, University of Pennsylvania Carey Law School
Biography
Kermit Roosevelt works in a diverse range of fields, focusing on constitutional law and conflict of laws. He has published scholarly books in both fields.
Conflict of Laws (Foundation Press, 2010) offers an accessible analytical overview of conflicts. TheMyth of Judicial Activism: Making Sense of Supreme Court Decisions (Yale, 2006) sets out standards by which citizens can determine whether the Supreme Court is abusing its authority to interpret the Constitution.
He has published articles in the Virginia Law Review, Michigan Law Review, and Columbia Law Review, among others.
He is also the author of two novels, In the Shadow of the Law (Farrar, Straus & Giroux, 2005) and Allegiance (Regan Arts, 2015).
In 2014, he was selected by the American Law Institute as the Reporter for the Third Restatement of Conflict of Laws.
Assistant Professor, Legal Studies & Business Ethics, The University of Pennsylvania Wharton School
Biography
Amanda Shanor is an Assistant Professor at the University of Pennsylvania Wharton School, where her scholarship focuses on constitutional and administrative law, and in particular the First Amendment.
Shanor is a graduate of Yale Law School and Yale College, and a PhD candidate in law at Yale University. She served as a law clerk to Judges Cornelia T.L. Pillard and Judith W. Rogers on the D.C. Circuit, and Judge Robert W. Sweet in the Southern District of New York. She has taught at both Yale and Georgetown law schools and has published in the New York University Law Review, the Harvard Law Review Forum, and the Yale Law Journal Forum, among others. She is a contributor to Take Care and the co-author of a textbook on counterterrorism law.
Prior to joining the academy, Amanda worked in the National Legal Department of the American Civil Liberties Union on the organization’s Supreme Court litigation, including Masterpiece Cakeshop. Previously, she litigated a number of constitutional and national security cases with Professor David Cole, including Humanitarian Law Project v. Holder, while a fellow at Georgetown.
General Counsel, University of Kentucky & Former Solicitor General of Virginia, University of Kentucky
Biography
William E. Thro, the General Counsel of the University of Kentucky, is an accomplished university attorney, appellate advocate, and legal scholar.
As the Chief Legal Officer for the University of Kentucky, he provides proactive strategic advice on critical legal and policy issues confronting a public flagship land grant research university with an integrated academic medical center and a high profile athletics program. Before assuming his present position in 2012, he spent more than twenty years representing public universities including eight years as the first in-house counsel at Christopher Newport University.
As Solicitor General of Virginia for four years, he was responsible for the Virginia State Government’s U.S. Supreme Court litigation (except capital cases) as well as lower court appeals involving the constitutionality of statutes or politically sensitive issues. He argued two cases in the U.S. Supreme Court and numerous cases in the lower appellate courts. He co-authored seven U.S. Court merits briefs, eleven U.S. Supreme Court amicus briefs, and more than fifty briefs at the petition stage. He received two Best Brief Awards from the National Association of Attorneys General.
As a legal scholar, he focuses on constitutional law in educational contexts. He has more than sixty publications in law reviews or peer reviewed journals as well as numerous monographs, book chapters, and encyclopedia entries. In recognition of his scholarly work, he received Stetson University’s Kaplin Award for Excellence in Higher Education Law & Policy Scholarship (2014) and became a Fellow of both the National Education Finance Conference (2012) and the National Association of College and University Attorneys (2007).
He has served as President of the Education Law Association, Chair of the Virginia Bar Association’s Appellate Practice Section, Board Chair for a local Red Cross Chapter, on the Boards of both the National Association of College & University Attorneys and the National Education Finance Academy, and an Elder in the Presbyterian Church (U.S.A.).
A native of Kentucky, he received his undergraduate degree summa cum laude from Hanover College. In addition to receiving the Crowe Citation as the outstanding male in his class, he was the first Hanover student to become a Harry S. Truman Scholar. He earned a graduate degree with honours from the University of Melbourne while attending as a Rotary Foundation International Ambassadorial Scholar. His law degree is from the University of Virginia where he was a published member of the VIRGINIA LAW REVIEW and research assistant to constitutional law professor A.E. Dick Howard. He began his legal career as a judicial clerk to the late Judge Ronald E. Meredith of the U.S. District Court for the Western District of Kentucky in Louisville.
He is married to the Rev. Dr. Julie Urback Thro and has two children in college (Sandra, Will) and one in high school (Noah).
Senior Fellow, Arthur F. Burns Fellow in Financial Policy Studies, American Enterprise Institute
Biography
Peter J. Wallison holds the Arthur F. Burns Chair in Financial Policy Studies and is co-director of AEI’s program on Financial Policy Studies. Prior to joining AEI, he practiced banking, corporate and financial law at Gibson, Dunn & Crutcher in Washington, D.C., and New York. Mr. Wallison has held a number of government positions. From June 1981 to January 1985, he was General Counsel of the United States Treasury Department, where he had a significant role in the development of the Reagan Administration's proposals for deregulation in the financial services industry. During 1986 and 1987, Mr. Wallison was White House counsel to President Ronald Reagan, and between 1972 and 1976, he served first as Special Assistant to New York's Gov. Nelson A. Rockefeller and, subsequently, as counsel to Mr. Rockefeller as vice president of the United States.
Mr. Wallison was admitted to practice before the courts of New York and the District of Columbia, and is retired from practice in New York. He continues to be a member of the District of Columbia Bar Association. He received his undergraduate degree from Harvard College in 1963 and law degree from Harvard Law School in 1966.
Mr. Wallison is the author of Ronald Reagan: The Power of Conviction and the Success of His Presidency, published in December 2002 by Westview Press. On campaign finance, he is the author (with Joel Gora) of Better Parties, Better Government, (AEI Press 2009). On financial or regulatory matters, he is the author of Back From the Brink, a proposal for a private deposit insurance system, and co-author of Nationalizing Mortgage Risk: The Growth of Fannie Mae and Freddie Mac; The GAAP Gap: Corporate Disclosure in the Internet Age; Competitive Equity: A Better Way to Organize Mutual Funds;Bad History, Worse Policy: How a False Narrative about the Financial Crisis Led to the Dodd-Frank Act (AEI Press 2013); and Hidden In Plain Sight: What Caused the World’s Worst Financial Crisis and Why it Could Happen Again (Encounter Books 2015). His most recent book is Judicial Fortitude: The Last Chance to Rein in the Administrative State, published by Encounter Books in October 2018.
He testifies frequently before committees of Congress, and is a frequent contributor to the op-ed pages of the Wall Street Journal and other print and online journals. He has also been a speaker at many conferences on financial services, housing, the causes of the financial crisis, the Dodd-Frank Act, accounting, and corporate governance, and was a member of the Shadow Financial Regulatory Committee between 1995 and 2015. He was a member of the SEC Advisory Committee on Improvements to Financial Reporting (2008), co-Chair of the Pew Financial Reform Task Force (2009), and a member of the congressionally- appointed Financial Crisis Inquiry Commission (2009-2011). In May 2011, for his work in financial policy, Mr. Wallison received an honorary doctorate in Humane Letters from the University of Colorado.
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
Biography
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. 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 J.D. 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 M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former 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. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. 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.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple 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 Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, TheDiane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Patrick is the lead Producer on They Say It Can’t be Done. He previously produced the award-winning feature length documentary Of Dogs and Men. He is co-creator and producer on an animated comedy web series based on the NY Times bestselling book series, “The Politically Incorrect Guides,” also to be released Fall 2019. Through his work with corporate partners, Patrick has produced more than 300 animated, documentary, virtual reality and narrative projects. He holds a B.A. from Emory University in Creative Writing and Philosophy