Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Partner, Torridon Law PLLC
Mike Fragoso is a seasoned legal and policy strategist. Most recently he served as chief counsel to Senate Republican Leader, Mitch McConnell. He has negotiated consequential legislation, managed successful congressional oversight, and prepared individuals for the most contentious Senate hearings.
As chief counsel to Leader McConnell Mike was the Leader’s primary legal advisor and managed the “last mile” of any legislation touching on the Senate Judiciary Committee. He ran the 2024 reauthorization of FISA Section 702 and was involved at the highest levels of the appropriations and budget-reconciliation processes. Mike also repeatedly represented Leader McConnell as counsel of record at the Supreme Court. Leader McConnell said of Mike that he’s “equally at home in the high-minded philosophical discourse of the legal community and the urgent pragmatism of Congressional dealmaking,” and that he “maintains a firm grasp on the realm of the possible” but “knows which screws to twist.” He observed that Mike “is so exceptionally competent that he often produces from his desk the work that would normally require, literally, teams of outside counsel.”
Mike previously was chief counsel for nominations and constitutional law for the Senate Judiciary Committee under Ranking Member Chuck Grassley and Chairman Lindsey Graham. During this time he advised the Senators on two presidential impeachments, ran multiple policy hearings, and managed the confirmation process for over 80 federal judges, including Justice Amy Coney Barrett. Chairman Graham described Mike as “a force of nature.”
During the first Trump administration Mike was deputy assistant attorney general in the Department of Justice’s Office of Legal Policy where he ran the Department’s efforts in support of judicial nominations and prepared over 100 nominees for Senate hearings.
Earlier in his career Mike was legislative director to former Senator Jeff Flake and chief counsel to the Senate Judiciary Committee’s Subcommittee on Privacy, Technology and the Law. There he led the oversight and repeal of the FCC’s broadband-privacy rule and was Senator Flake’s top advisor on the Tax Cuts and Jobs Act of 2017.
He frequently comments on public affairs and his writing has appeared in the Wall Street Journal, National Review, and the Harvard Journal of Law & Public Policy.
Mike also served as a law clerk to Judge Diane Sykes of the U.S. Court of Appeals for the Seventh Circuit.
President and CEO, The Federalist Society
Sheldon Gilbert is the President and CEO of The Federalist Society. Gilbert has been involved in the conservative and libertarian legal movement since law school, and has served in prominent roles at both nonprofit organizations as well as corporate America.
A longtime constitutional litigator, Gilbert has represented clients through amicus and party briefs in nearly a hundred cases at the U.S. Supreme Court, at both the certiorari and merits stages. Most recently, Gilbert served as Senior Lead Counsel for Strategic Initiatives at Walmart, the world’s largest company, where he led teams providing legal advice related to government enforcement, internal investigations, government relations, public relations, and special projects at the center of law and policy.
Before joining Walmart, Gilbert served as Vice President for Content and Development and Senior Fellow for Constitutional Studies at the National Constitution Center, a congressionally chartered non-partisan center for constitutional education and debate, where he led both fundraising and programming efforts. While at the NCC, Gilbert helped ensure that the Center’s programming and exhibits incorporated constitutional perspectives from experts on both the right and the left, including the launch of the Center’s landmark permanent exhibit on the Civil War and the Reconstruction Amendments.
Prior to the National Constitution Center, Gilbert served as the director of the Institute for Justice’s Center for Judicial Engagement (CJE), where he educated the public about the role of the courts and the Constitution, where he frequently hosted discussions and debates on constitutional issues, and often spoke at Federalist Society lawyer and student chapters across the country.
He was also a litigator with the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce, where he represented the U.S. Chamber in over 400 cases in federal and state courts addressing a wide range of legal issues, from free speech to property rights.
Gilbert is a graduate of the George Washington University Law School where he helped found a first-of-its-kind National Religious Freedom Moot Court, which hosted law students from across the country to debate important, emerging religious liberty issues. After graduating from GWU, he also taught as a professorial lecturer at the school.
A graduate of the University of Utah, Gilbert is a child of the Mountain West, where he was born in a coal mining town in Utah and raised in Idaho near the Grand Tetons. Before going to law school, Gilbert’s diverse interests led him to work in a wide range of roles, from software development project management for a nonprofit, to working in his University’s radiobiology research lab, to volunteer service in Rio de Janeiro, Brazil for his church.
Gilbert is married with four children.
Shareholder, D.C. Office Managing Shareholder
Lee is a former Chief Counsel and Staff Director of the Senate Judiciary Committee for then-Chairman Lindsey Graham, Deputy Counsel to Vice President J.D. Vance, and federal prosecutor who serves as Managing Shareholder of Maynard Nexsen’s Washington, D.C. office. He has deep experience in all three branches of the federal government, stand-up courtroom experience, and extensive knowledge of Washington, D.C.
While serving on the Senate Judiciary Committee, Lee played a central role in some of the most consequential legislative, nominations, and oversight efforts in recent years. He led Supreme Court and Attorney General confirmation hearings, guided politically charged negotiations on the First Step Act, police reform, the CARES Act, and the Justice Against Sponsors of Terrorism Act, and oversaw the Committee’s work on the Crossfire Hurricane Investigation. Lee also helped advance the CLOUD Act and major intellectual property legislation, including the Defend Trade Secrets Act, the Music Modernization Act, and the CASE Act. Over his seven-year Senate career, he handled the Committee’s authorization of subpoenas, participated in transcribed interviews, managed public communications campaigns, and prepared witnesses and nominees for high-profile hearings—culminating in his service as a key advisor to Republican Senators during both impeachments of President Donald Trump.
As a federal prosecutor with the U.S. Department of Justice, Lee managed a diverse criminal and civil litigation docket, including first chair of a felony trial, briefing appeals, and arguing in the Fourth Circuit. Lee defended the United States in civil suits under the Administrative Procedure Act (APA) and the Federal Tort Claims Act (FTCA), and also served as the Computer Hacking and Intellectual Property (CHIP) prosecutor for the South Carolina U.S. Attorney's Office. Before joining Maynard Nexsen, Lee served in the White House, where he provided strategic and legal advice to the Office of the Vice President.
Lee earned his law degree at the Vanderbilt University Law School and a Bachelor of Arts in Economics and International Affairs from Florida State University. He clerked for the Honorable Joseph F. Anderson, Jr. on the United States District Court for the District of South Carolina and briefly on the Fourth Circuit when Judge Anderson sat on that court by designation.
Senior Director, Microsoft, Former Staff Director and Chief Counsel, U.S. Senate Committee on the Judiciary
Judge, United States Court of Appeals, Fourth Circuit
Judge Julius “Jay” Richardson serves on the United States Court of Appeals for the Fourth Circuit. Jay grew up in Barnwell, South Carolina. After graduating from Vanderbilt University, Jay moved to Hawaii and worked at a pool-side bar-and-grill. Jay later earned his law degree from the University of Chicago Law School, where he served as Articles Editor for the Law Review and right fielder for the law school’s championship softball team. Following law school, Jay clerked for Judge Richard A. Posner and for Chief Justice William H. Rehnquist. He then practiced with Kellogg Hansen in Washington, DC before returning to South Carolina as an Assistant United States Attorney. Along with prosecuting violent crime, gangs, terrorism, public corruption, civil rights, and narcotics trafficking, he led the prosecution of Dylann Roof, who was convicted and sentenced to death for his racist massacre of nine Black worshippers during a Bible study at Mother Emanuel AME Church in Charleston. He and his wife Macon are blessed with four daughters.
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Partner, Torridon Law PLLC
Mike Fragoso is a seasoned legal and policy strategist. Most recently he served as chief counsel to Senate Republican Leader, Mitch McConnell. He has negotiated consequential legislation, managed successful congressional oversight, and prepared individuals for the most contentious Senate hearings.
As chief counsel to Leader McConnell Mike was the Leader’s primary legal advisor and managed the “last mile” of any legislation touching on the Senate Judiciary Committee. He ran the 2024 reauthorization of FISA Section 702 and was involved at the highest levels of the appropriations and budget-reconciliation processes. Mike also repeatedly represented Leader McConnell as counsel of record at the Supreme Court. Leader McConnell said of Mike that he’s “equally at home in the high-minded philosophical discourse of the legal community and the urgent pragmatism of Congressional dealmaking,” and that he “maintains a firm grasp on the realm of the possible” but “knows which screws to twist.” He observed that Mike “is so exceptionally competent that he often produces from his desk the work that would normally require, literally, teams of outside counsel.”
Mike previously was chief counsel for nominations and constitutional law for the Senate Judiciary Committee under Ranking Member Chuck Grassley and Chairman Lindsey Graham. During this time he advised the Senators on two presidential impeachments, ran multiple policy hearings, and managed the confirmation process for over 80 federal judges, including Justice Amy Coney Barrett. Chairman Graham described Mike as “a force of nature.”
During the first Trump administration Mike was deputy assistant attorney general in the Department of Justice’s Office of Legal Policy where he ran the Department’s efforts in support of judicial nominations and prepared over 100 nominees for Senate hearings.
Earlier in his career Mike was legislative director to former Senator Jeff Flake and chief counsel to the Senate Judiciary Committee’s Subcommittee on Privacy, Technology and the Law. There he led the oversight and repeal of the FCC’s broadband-privacy rule and was Senator Flake’s top advisor on the Tax Cuts and Jobs Act of 2017.
He frequently comments on public affairs and his writing has appeared in the Wall Street Journal, National Review, and the Harvard Journal of Law & Public Policy.
Mike also served as a law clerk to Judge Diane Sykes of the U.S. Court of Appeals for the Seventh Circuit.
President and CEO, The Federalist Society
Sheldon Gilbert is the President and CEO of The Federalist Society. Gilbert has been involved in the conservative and libertarian legal movement since law school, and has served in prominent roles at both nonprofit organizations as well as corporate America.
A longtime constitutional litigator, Gilbert has represented clients through amicus and party briefs in nearly a hundred cases at the U.S. Supreme Court, at both the certiorari and merits stages. Most recently, Gilbert served as Senior Lead Counsel for Strategic Initiatives at Walmart, the world’s largest company, where he led teams providing legal advice related to government enforcement, internal investigations, government relations, public relations, and special projects at the center of law and policy.
Before joining Walmart, Gilbert served as Vice President for Content and Development and Senior Fellow for Constitutional Studies at the National Constitution Center, a congressionally chartered non-partisan center for constitutional education and debate, where he led both fundraising and programming efforts. While at the NCC, Gilbert helped ensure that the Center’s programming and exhibits incorporated constitutional perspectives from experts on both the right and the left, including the launch of the Center’s landmark permanent exhibit on the Civil War and the Reconstruction Amendments.
Prior to the National Constitution Center, Gilbert served as the director of the Institute for Justice’s Center for Judicial Engagement (CJE), where he educated the public about the role of the courts and the Constitution, where he frequently hosted discussions and debates on constitutional issues, and often spoke at Federalist Society lawyer and student chapters across the country.
He was also a litigator with the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce, where he represented the U.S. Chamber in over 400 cases in federal and state courts addressing a wide range of legal issues, from free speech to property rights.
Gilbert is a graduate of the George Washington University Law School where he helped found a first-of-its-kind National Religious Freedom Moot Court, which hosted law students from across the country to debate important, emerging religious liberty issues. After graduating from GWU, he also taught as a professorial lecturer at the school.
A graduate of the University of Utah, Gilbert is a child of the Mountain West, where he was born in a coal mining town in Utah and raised in Idaho near the Grand Tetons. Before going to law school, Gilbert’s diverse interests led him to work in a wide range of roles, from software development project management for a nonprofit, to working in his University’s radiobiology research lab, to volunteer service in Rio de Janeiro, Brazil for his church.
Gilbert is married with four children.
Shareholder, D.C. Office Managing Shareholder
Lee is a former Chief Counsel and Staff Director of the Senate Judiciary Committee for then-Chairman Lindsey Graham, Deputy Counsel to Vice President J.D. Vance, and federal prosecutor who serves as Managing Shareholder of Maynard Nexsen’s Washington, D.C. office. He has deep experience in all three branches of the federal government, stand-up courtroom experience, and extensive knowledge of Washington, D.C.
While serving on the Senate Judiciary Committee, Lee played a central role in some of the most consequential legislative, nominations, and oversight efforts in recent years. He led Supreme Court and Attorney General confirmation hearings, guided politically charged negotiations on the First Step Act, police reform, the CARES Act, and the Justice Against Sponsors of Terrorism Act, and oversaw the Committee’s work on the Crossfire Hurricane Investigation. Lee also helped advance the CLOUD Act and major intellectual property legislation, including the Defend Trade Secrets Act, the Music Modernization Act, and the CASE Act. Over his seven-year Senate career, he handled the Committee’s authorization of subpoenas, participated in transcribed interviews, managed public communications campaigns, and prepared witnesses and nominees for high-profile hearings—culminating in his service as a key advisor to Republican Senators during both impeachments of President Donald Trump.
As a federal prosecutor with the U.S. Department of Justice, Lee managed a diverse criminal and civil litigation docket, including first chair of a felony trial, briefing appeals, and arguing in the Fourth Circuit. Lee defended the United States in civil suits under the Administrative Procedure Act (APA) and the Federal Tort Claims Act (FTCA), and also served as the Computer Hacking and Intellectual Property (CHIP) prosecutor for the South Carolina U.S. Attorney's Office. Before joining Maynard Nexsen, Lee served in the White House, where he provided strategic and legal advice to the Office of the Vice President.
Lee earned his law degree at the Vanderbilt University Law School and a Bachelor of Arts in Economics and International Affairs from Florida State University. He clerked for the Honorable Joseph F. Anderson, Jr. on the United States District Court for the District of South Carolina and briefly on the Fourth Circuit when Judge Anderson sat on that court by designation.
Senior Director, Microsoft, Former Staff Director and Chief Counsel, U.S. Senate Committee on the Judiciary
Judge, United States Court of Appeals, Fourth Circuit
Judge Julius “Jay” Richardson serves on the United States Court of Appeals for the Fourth Circuit. Jay grew up in Barnwell, South Carolina. After graduating from Vanderbilt University, Jay moved to Hawaii and worked at a pool-side bar-and-grill. Jay later earned his law degree from the University of Chicago Law School, where he served as Articles Editor for the Law Review and right fielder for the law school’s championship softball team. Following law school, Jay clerked for Judge Richard A. Posner and for Chief Justice William H. Rehnquist. He then practiced with Kellogg Hansen in Washington, DC before returning to South Carolina as an Assistant United States Attorney. Along with prosecuting violent crime, gangs, terrorism, public corruption, civil rights, and narcotics trafficking, he led the prosecution of Dylann Roof, who was convicted and sentenced to death for his racist massacre of nine Black worshippers during a Bible study at Mother Emanuel AME Church in Charleston. He and his wife Macon are blessed with four daughters.
Executive Director, Committee for Justice
Ashley Baker serves as Executive Director at the Committee for Justice. Her focus areas include the Supreme Court, regulatory policy, antitrust, and judicial nominations. Her writing has appeared in Fox News, USA Today, The Boston Globe, The Hill, RealClearPolitics, The American Spectator, and elsewhere. Ashley is also the founder of the recently-formed Alliance on Antitrust coalition. She has testified before the United States Senate on the topic of antitrust law.
Ashley is an active member of the Federalist Society, where she serves as a member of the Regulatory Transparency Project's Antitrust & Consumer Protection and Cyber & Privacy working groups. As a member of the Republican National Lawyers Association, she has served as a speaker on the Supreme Court and the federal judiciary.
As an expert on the judicial nominations process, Ashley worked closely on the efforts to confirm Justices Neil Gorsuch and Brett Kavanaugh.
Much of Ashley’s work is at the intersection of the courts, regulation, and technology. Ashley also engages in policy analysis and outreach on legislation and regulations related to these issues by writing op-eds, letters to Congress for committee hearings, and regulatory comments.
Associate Attorney, Gibson Dunn
Logan Billman is an associate in the Washington, D.C. office of Gibson Dunn and a member of the firm’s Litigation Department. His practice focuses on antitrust and competition law, including merger investigations and conduct matters before the Federal Trade Commission, the U.S. Department of Justice Antitrust Division, and state attorneys general. Logan represents clients in complex private and government antitrust litigation and has significant experience in FTC merger challenges, including litigating and counseling clients through all phases of agency enforcement proceedings. His practice spans strategic counseling, investigative compliance, and trial advocacy in high-stakes competition matters. Logan received his J.D. from Georgetown University Law Center, magna cum laude and Order of the Coif, where he served as Managing Editor of the Georgetown Journal of Law & Public Policy. During law school, he interned with the U.S. Department of Justice Antitrust Division and the Federal Trade Commission. He earned a B.A. in Economics from American University.
Senior Advisor for Competition and International Affairs, Office of Chairman Andrew N. Ferguson, FTC
Partner and Co-Founder, Simonsen Sussman LLP
Shaoul is a Partner and Co-Founder of Simonsen Sussman LLP and a seasoned antitrust practitioner with extensive experience in private and government practice.
Most recently, Shaoul served as the Associate Director for Litigation in the Bureau of Competition at the Federal Trade Commission. During his tenure, he oversaw the Bureau’s expansive litigation portfolio, focusing on strategic case development and successful outcomes. During his time in the Bureau’s Front Office, Shaoul worked on several high-profile and complex cases including the Kroger-Albertsons merger challenge, which addressed consolidation in the retail grocery sector, and the FTC’s lawsuit to unwind Illumina's acquisition of Grail in the Fifth Circuit, the first successful challenge to a vertical merger in 40 years. Additionally, Shaoul played an instrumental role in the FTC’s landmark monopolization case against Meta.
Apart from his litigation work at FTC, Shaoul played a pivotal role in shaping the FTC and DOJ 2023 Merger Guidelines, which introduced new measures aimed at addressing market consolidation and modernizing merger enforcement standards to reflect contemporary market realities and economics. Shaoul led the efforts to reform the premerger notification process under the Hart-Scott-Rodino (HSR) Act. These reforms, which came into effect in 2025, included significant updates to streamline filing procedures, improve transparency, and strengthen regulatory oversight to ensure compliance with evolving antitrust laws. Shaoul also led the drafting of several amicus briefs filed by the U.S. government in landmark antitrust cases, including the FTC’s amicus brief during the remedy phase of the Epic v. Google case, which was cited favorably by the court.
Shaoul previously served as Attorney Advisor to former FTC Chair Lina Khan. Prior to his roles at the FTC, Shaoul was in private practice and served as a legal fellow at the Institute for Local Self-Reliance. Shaoul holds a J.D. from Fordham University and a B.A. from Bard College Berlin.
Shaoul serves on the board of the American Economic Liberties Project and as a Senior Advisor at Columbia Law School, where he focuses on academic antitrust research, exploring innovative approaches to competition policy, and modern market dynamics.
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
United States Senator, Kentucky
Mitch McConnell is the Senate Majority Leader. Elected to that position unanimously by his Republican colleagues first in 2014 and again in 2016, he is only the second Kentuckian to ever serve as Majority Leader in the U.S. Senate. The first, Senator Alben Barkley, led the Democrats from 1937 to 1949.
Senator McConnell has served, again by the unanimous vote of his colleagues, as the Republican Leader since the 110th Congress. He is the longest-serving Senate Republican Leader in the history of the United States. McConnell previously served in leadership as the Majority Whip in the 108th and 109th Congresses and as chairman of the National Republican Senatorial Committee during the 1998 and 2000 election cycles.
McConnell has been called “the most conservative leader of either party in the history of the Senate.” He has also earned a reputation as a “master tactician” for permanently locking in critical tax relief for working families and small businesses, and putting in place the most significant spending reduction legislation in a generation.
He has received praise from numerous media outlets for his work as Senate Majority Leader, and in 2015 TIME Magazine named McConnell one of the 100 Most Influential People in the World.
First elected to the Senate in 1984, McConnell is Kentucky’s longest-serving senator. He made history that year as the only Republican challenger in the country to defeat an incumbent Democrat and as the first Republican to win a statewide Kentucky race since 1968. On November 4, 2014, he was elected to a record sixth term by receiving broad support across Kentucky, winning 110 of the Commonwealth’s 120 counties.
McConnell graduated with honors from the University of Louisville College of Arts and Sciences, where he served as student body president. He also is a graduate of the University of Kentucky College of Law, where he was elected president of the Student Bar Association.
McConnell worked as an intern on Capitol Hill for Senator John Sherman Cooper before serving as chief legislative assistant to Senator Marlow Cook and as Deputy Assistant Attorney General to President Gerald Ford.
Before his election to the Senate, he served as judge-executive of Jefferson County, Kentucky, from 1978 until he commenced his Senate term on January 3, 1985.
McConnell currently serves as a senior member of the Appropriations, Agriculture and Rules Committees. He is the proud father of three daughters.
McConnell is married to Secretary Elaine L. Chao, the 18th U.S. Secretary of Transportation. Previously, Secretary Chao served for eight years as President George W. Bush’s U.S. Secretary of Labor. She is also a former president of the United Way of America and director of the Peace Corps.
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
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.
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Judge, U.S. District Court, Eastern District of Kentucky
Judge Gregory F. Van Tatenhove has served as a District Court Judge in the Eastern District of Kentucky since his confirmation by the United States Senate on December 21, 2005. Prior to his appointment to the Court, Judge Van Tatenhove served over four years as the United States Attorney for the Eastern District of Kentucky. He has been an adjunct professor at the College of Law since the Spring Semester of 2017, where he teaches Crime and Punishment: Sentencing Policy and Procedure (LAW 902). Judge Van Tatenhove is presently a member of the University of Kentucky College of Law Board of Visitors as well as the Henry Clay Memorial Foundation board. Past service includes a term as President of the Asbury University Alumni Board and Vice-Chair of the Asbury Board of Trustees. He is also a Member of the Kentucky Bar Association Commission on the Future of Law Practice.
Lindsey Graham and the Judiciary: A Senate Legacy
Andrew N. Ferguson, Michael Fragoso, Sheldon Gilbert, Lee Holmes, Katherine Nikas, Julius N. Richardson
Hon. Lindsey Graham (1955-2026) For more than two decades, Senator Lindsey Graham was a consequential...
Lindsey Graham and the Judiciary: A Senate Legacy
Andrew N. Ferguson, Michael Fragoso, Sheldon Gilbert, Lee Holmes, Katherine Nikas, Julius N. Richardson
Hon. Lindsey Graham (1955-2026) For more than two decades, Senator Lindsey Graham was a consequential...
The FTC’s Pre-Merger Notification Rule on Appeal
Ashley Baker, Logan Billman, Maxwell Gottschall, Jana Seidl, Shaoul Sussman
The Federal Trade Commission’s recent overhaul of the Hart-Scott-Rodino Act (HSR) premerger notification rule represents...
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Lina Khan Left a Robinson-Patman Mess for the FTC: How Will the Commissioners Clean It Up?
Nobody likes to lose an election. But in the spirit of facilitating the peaceful transition...
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Free State Foundation Conference: Tune In Today for Excellent Policy Discussions!
The Free State Foundation hosts its 17th Annual Policy Conference today at the National Press...
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ABA Watch: Winter 2025 Edition
ABA Watch provides information about the activities of the American Bar Association and responses to them,...
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Parting Shots: The FTC’s Outgoing Leadership Expands Antitrust Exemptions for Labor Activity to Independent Contractors
Earlier this week, the Federal Trade Commission issued new enforcement guidance on “protected labor activity”...
Opening and Keynote Fireside Chat
2024 Kentucky Conference
Frankfort, KYGeorge Mason University School of Law Summer Alumni Reception
Washington, DCFireside Chat with FTC Commissioner Andrew Ferguson
Central Kentucky Lawyers Chapter
Lexington, KY