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.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center; Faculty Director, Georgetown Center for the Constitution
Randy E. Barnett is the Patrick Hotung Professor of Constitutional Law at the Georgetown University Law Center and is the Faculty Director of the Georgetown Center for the Constitution. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States’ Attorney’s Office in Chicago. A recipient of a Guggenheim Fellowship in Constitutional Studies and the Bradley Prize, Professor Barnett has been a visiting professor at Penn, Northwestern and Harvard Law School.
Professor Barnett’s publications includes thirteen books, more than one hundred articles and reviews, as well as numerous op-eds. His most recent book is Felony Review: Tales of True Crime and Corruption in Chicago (2026). His other books on the Constitution include: A Life for Liberty: The Making of an American Originalist (2024); The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021) (with Evan Bernick); An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know (2019) (with Josh Blackman); Restoring the Lost Constitution: The Presumption of Liberty (2nd ed. 2013); Our Republican Constitution: Securing the Liberty and Sovereignty of We the People (2016); and Constitutional Law: Cases in Context (5th ed. forthcoming 2027) (with Josh Blackman). His books on contracts are The Oxford Introductions to U.S. Law: Contracts (2010) and Contracts: Cases and Doctrine (7th ed. 2021) (with Nate Oman). And he is the author of The Structure of Liberty: Justice and the Rule of Law (2nd ed. 2014).
In 2004, he argued the medical marijuana case of Gonzalez v. Raich before the U.S. Supreme Court. In 2012, he was one of the lawyers representing the National Federation of Independent Business in its constitutional challenge to the Affordable Care Act in NFIB v. Sebelius. He’s appeared in numerous documentaries and portrayed a prosecutor in the 2010 science-fiction feature film, InAlienable: The Movie. On X he is @RandyEBarnett
Professor of Law, University of Notre Dame Law School
Gerard V. Bradley is Professor of Law at the University of Notre Dame, where he teaches Legal Ethics and Constitutional Law. At Notre Dame he directs (with John Finnis) the Natural Law Institute and co-edits The American Journal of Jurisprudence, an international forum for legal philosophy. Bradley has been a Visiting Fellow at the Hoover Institution of Stanford University, and a Senior Fellow of the Witherspoon Institute, in Princeton, New Jersey. He served for many years as President of the Fellowship of Catholic Scholars.
Bradley received his B.A and J.D. degrees from Cornell University, graduating Summa cum laude from the law school in 1980. After serving in the Trial Division of the Manhattan District Attorney’s Office he joined the law faculty at the University of Illinois. He moved to Notre Dame in 1992. Bradley has published over one hundred scholarly articles and reviews. His most recent books are an edited collection of essays titled, Challenges to Religious Liberty in the Twenty-First Century (published by Cambridge University Press in 2012), Essays on Law, Religion, and Morality and Unquiet Americans: U.S. Catholics and the Common Good (both to be published in 2014.) He is currently working on a book about regulating obscenity in the Internet Age.
Felix Frankfurter Professor of Law and Director, Julis-Rabinowitz Program on Jewish and Israeli Law, Harvard Law School
Noah Feldman specializes in constitutional studies, with a particular emphasis on the relationship between law and religion, free speech, constitutional design, and the history of legal theory. Felix Frankfurter Professor of Law at Harvard Law School, he is also a Senior Fellow of the Society of Fellows at Harvard. In 2003 he served as senior constitutional advisor to the Coalition Provisional Authority in Iraq, and subsequently advised members of the Iraqi Governing Council on the drafting of the Transitional Administrative Law or interim constitution. He received his A.B. summa cum laude in Near Eastern Languages and Civilizations from Harvard University in 1992. Selected as a Rhodes Scholar, he earned a D.Phil. in Oriental Studies from Oxford University in 1994. From 1999 to 2002, he was a Junior Fellow of the Society of Fellows at Harvard. Before that he served as a law clerk to Justice David H. Souter of the U.S. Supreme Court (1998 to 1999) and to Chief Judge Harry T. Edwards of the U.S. Court of Appeals for the D.C. Circuit (1997 to 1998). He received his J.D. from Yale Law School in 1997, serving as Book Reviews Editor of the Yale Law Journal. He’s the author of eight books: The Three Lives of James Madison: Genius, Partisan, President (Random House, 2017); Cool War: The Future of Global Competition (Random House, 2013); Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices (Twelve Publishing, 2010); The Fall and Rise of the Islamic State (Princeton University Press, 2008); Divided By God: America's Church-State Problem and What We Should Do About It (Farrar, Straus & Giroux 2005); What We Owe Iraq: War and the Ethics of Nation building (Princeton University Press 2004); and After Jihad: America and the Struggle for Islamic Democracy (Farrar, Straus & Giroux 2003. He also co-authored two textbooks with Kathleen Sullivan: Constitutional Law, Twentieth Edition (Foundation Press, Fall 2019) and First Amendment (Foundation Press, 2016).
Beneficial Professor of Law, Harvard Law School
Educated at Princeton, Oxford and Columbia Law School, Charles Fried, the Beneficial Professor of Law, has been teaching at Harvard Law School since 1961. He was Solicitor General of the United States, 1985-89, and an Associate Justice of the Supreme Judicial Court of Massachusetts, 1995-99. His scholarly and teaching interests have been moved by the connection between normative theory and the concrete institutions of public and private law. During his career at Harvard he has taught Criminal Law, Commercial Law, Roman Law, Torts, Contracts, Labor Law, Constitutional Law and Federal Courts, Appellate and Supreme Court Advocacy. The author of many books and articles, his Anatomy of Values (1970), Right and Wrong (1978), and Modern Liberty (2006) develop themes in moral and political philosophy with applications to law. Contract as Promise (1980), Making Tort Law (2003, with David Rosenberg) and Saying What the Law Is: The Constitution in the Supreme Court (2004) are fundamental inquiries into broad legal institutions. Order & Law: Arguing the Reagan Revolution (1991) discusses major themes developed in Fried's time as Solicitor General. In recent years Fried has taught Constitutional Law and Contracts. During his time as a teacher he has also argued a number of major cases in state and federal courts, most notably Daubert v. Merrell Dow Pharmaceuticals, in which the Supreme Court established the standards for the use of expert and scientific evidence in federal courts.
Open Minds: Prof. Randy Barnett & Prof. Joshua Kleinfeld Part III
Joshua Kleinfeld, Randy E. Barnett
In Part Three of Open Minds with Prof. Randy Barnett and Prof. Joshua Kleinfeld, Prof....
Law & Morality