Segal Family Professor of Regulatory Law and Policy, New York University School of Law
Rachel Barkow is the Segal Family Professor of Regulatory Law and Policy and the Faculty Director of the Center on the Administration of Criminal Law at NYU. In June of 2013, the Senate confirmed her as a Member of the United States Sentencing Commission. Since 2010, she has also been a member of the Manhattan District Attorney's Office Conviction Integrity Policy Advisory Panel.
Professor Barkow teaches courses in criminal law, administrative law, and constitutional law. In 2013, she was the recipient of the NYU Distinguished Teaching Award. The Law School awarded her its Podell Distinguished Teaching Award in 2007.
Her scholarship focuses on criminal law, and she is especially interested in applying the lessons and theory of administrative and constitutional law to the administration of criminal justice. She has written more than 20 articles that span a range of topics. She has written several articles on sentencing, including the relationship between modern sentencing laws and the constitutional role of the criminal jury; federalism and the politics of sentencing; the role of cost-benefit and risk tradeoff analysis in sentencing policy; what institutional model works for designing agencies that regulate criminal punishment; the political factors that lead to guideline and commission formation; and the flawed bifurcation between capital and noncapital constitutional sentencing jurisprudence. Professor Barkow has also explored in numerous articles the role of prosecutors in the criminal justice system. For example, she has analyzed how the lessons of institutional design from administrative law could improve the way prosecutors' offices are structured; she has looked to organizational guidelines and compliance programs as a model for prosecutorial oversight; and she has considered the increasing role of prosecutors as regulators through the conditions they place on corporations. Professor Barkow has also explored larger structural questions of how criminal justice is administered in the United States. In a series of major articles, she has explored the relationship between separation of powers and the criminal law and the relationship between federalism and the criminal law. Professor Barkow has also considered the role of mercy and clemency in criminal justice, paying particular attention to the relationship between administrative law's dominance and the increasing reluctance of scholars and experts to accept pockets of unreviewable discretion in criminal law.
Barkow has been invited to present her work in various settings. In the summer of 2009, Barkow testified before the House of Representatives Subcommittee on Commerce, Trade, and Consumer Protection regarding the institutional design of the proposed Consumer Financial Protection Agency. Barkow testified before the United States Sentencing Commission at a 2009 regional hearing on the 25th Anniversary of the Sentencing Reform Act. In the summer of 2004, Barkow testified before the Senate Judiciary Committee at a hearing on the future of the Federal Sentencing Guidelines. She has also presented her work on sentencing to the National Association of Sentencing Commissions Conference, the Federal Judicial Center's National Sentencing Policy Institute, and the Judicial Conference of the Courts of Appeals for the First and Seventh Circuits. In addition, Barkow has presented papers at numerous law schools.
After graduating from Northwestern University (B.A. 1993), Barkow attended Harvard Law School (J.D. 1996), where she won the Sears Prize, which is awarded annually to two students with the top overall grade averages in the first-year class. Barkow served as a law clerk to Judge Laurence H. Silberman on the District of Columbia Circuit, and Justice Antonin Scalia on the U.S. Supreme Court. Barkow was an associate at Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, in Washington, D.C., from 1998-2002, where she focused on telecommunications and administrative law issues in proceedings before the FCC, state regulatory agencies, and federal and state courts. She took a leave from the firm in 2001 to serve as the John M. Olin Fellow in Law at Georgetown University Law Center.
Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Senior Legal Fellow, the Meese Institute for the Rule of Law, Advancing American Freedom
Paul J. Larkin is a Senior Legal Fellow in the Meese Institute for the Rule of Law at Advancing American Freedom. Paul has held various positions in the federal and state governments throughout his career, such as being an attorney in the Organized Crime and Racketeering Section of the Criminal Division at the U.S. Department of Justice, an Assistant to the Solicitor General in the Office of the Solicitor General at the U.S. Department of Justice, Special Agent-in-Charge and Acting Director of the Criminal Investigation Division at the Environmental Protection Agency, and a member of the Parole Abolition and Sentencing Reform Commission and of the Juvenile Justice Reform Commission in the Office of Virginia Governor George Allen.
He has also worked at Verizon Communications and two law firms in Washington, D.C. His current research is principally in the fields of drug policy, criminal justice policy, and administrative law and policy. He has published numerous articles in law and public policy journals, both in print and online.
Justice, Michigan Supreme Court
Stephen Markman was appointed Justice of the Michigan Supreme Court on October 1, 1999. He served as the Chief Justice from 2017-2019. Before his appointment, he served as Judge on the Michigan Court of Appeals from 1995-1999. Prior to this, he practiced law with the firm of Miller, Canfield, Paddock & Stone in Detroit.
From 1989-1993, Justice Markman served as United States Attorney, or federal prosecutor, in Michigan, after having been nominated by President George H. W. Bush and confirmed by the United States Senate. From 1985-1989, he served as Assistant Attorney General of the United States, after having been nominated by President Ronald Reagan and confirmed by the United States Senate. In that position, he headed the Department of Justice’s Office of Legal Policy, which served as the principal policy development office within the Department, and which coordinated the federal judicial selection process. Prior to this, he served for seven years as Chief Counsel of the United States Senate Subcommittee on the Constitution, and as Deputy Chief Counsel of the United States Senate Judiciary Committee.
Justice Markman has authored articles for such publications as the University of Michigan Journal of Law Reform, the Detroit College of Law Review, the Stanford Law Review, the University of Chicago Law Review, the American Criminal Justice Law Review, the Barrister’s Law Journal, the Harvard Journal of Law & Public Policy, and the American University Law Review. He has also served as a contributing editor of National Review magazine, and has authored chapters in such books as “In the Name of Justice: The Aims of the Criminal Law,” “Still the Law of the Land,” and “Originalism: A Quarter Century of Debate.”
Justice Markman has taught constitutional law at Hillsdale College since 1993. He has served on the Board of Directors of the Western Michigan University Thomas M. Cooley Law School. He traveled to Ukraine on two occasions on behalf of the State Department, to provide assistance in the development of that nation’s post-Soviet constitution. He is a Fellow of the Michigan Bar Foundation, a Master of the Bench of the Inns of Court, and a member of the One Hundred Club. He has spoken before hundreds of youth, civic, charitable, and legal groups throughout Michigan and nationally, and has coached Little League baseball and basketball. He lives with his wife Mary Kathleen in Mason, and has two sons, James and Charles.
Justice Markman was re-elected to the Supreme Court in 2000, 2004, and 2012. His present term expires January 1, 2021.
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Segal Family Professor of Regulatory Law and Policy, New York University School of Law
Rachel Barkow is the Segal Family Professor of Regulatory Law and Policy and the Faculty Director of the Center on the Administration of Criminal Law at NYU. In June of 2013, the Senate confirmed her as a Member of the United States Sentencing Commission. Since 2010, she has also been a member of the Manhattan District Attorney's Office Conviction Integrity Policy Advisory Panel.
Professor Barkow teaches courses in criminal law, administrative law, and constitutional law. In 2013, she was the recipient of the NYU Distinguished Teaching Award. The Law School awarded her its Podell Distinguished Teaching Award in 2007.
Her scholarship focuses on criminal law, and she is especially interested in applying the lessons and theory of administrative and constitutional law to the administration of criminal justice. She has written more than 20 articles that span a range of topics. She has written several articles on sentencing, including the relationship between modern sentencing laws and the constitutional role of the criminal jury; federalism and the politics of sentencing; the role of cost-benefit and risk tradeoff analysis in sentencing policy; what institutional model works for designing agencies that regulate criminal punishment; the political factors that lead to guideline and commission formation; and the flawed bifurcation between capital and noncapital constitutional sentencing jurisprudence. Professor Barkow has also explored in numerous articles the role of prosecutors in the criminal justice system. For example, she has analyzed how the lessons of institutional design from administrative law could improve the way prosecutors' offices are structured; she has looked to organizational guidelines and compliance programs as a model for prosecutorial oversight; and she has considered the increasing role of prosecutors as regulators through the conditions they place on corporations. Professor Barkow has also explored larger structural questions of how criminal justice is administered in the United States. In a series of major articles, she has explored the relationship between separation of powers and the criminal law and the relationship between federalism and the criminal law. Professor Barkow has also considered the role of mercy and clemency in criminal justice, paying particular attention to the relationship between administrative law's dominance and the increasing reluctance of scholars and experts to accept pockets of unreviewable discretion in criminal law.
Barkow has been invited to present her work in various settings. In the summer of 2009, Barkow testified before the House of Representatives Subcommittee on Commerce, Trade, and Consumer Protection regarding the institutional design of the proposed Consumer Financial Protection Agency. Barkow testified before the United States Sentencing Commission at a 2009 regional hearing on the 25th Anniversary of the Sentencing Reform Act. In the summer of 2004, Barkow testified before the Senate Judiciary Committee at a hearing on the future of the Federal Sentencing Guidelines. She has also presented her work on sentencing to the National Association of Sentencing Commissions Conference, the Federal Judicial Center's National Sentencing Policy Institute, and the Judicial Conference of the Courts of Appeals for the First and Seventh Circuits. In addition, Barkow has presented papers at numerous law schools.
After graduating from Northwestern University (B.A. 1993), Barkow attended Harvard Law School (J.D. 1996), where she won the Sears Prize, which is awarded annually to two students with the top overall grade averages in the first-year class. Barkow served as a law clerk to Judge Laurence H. Silberman on the District of Columbia Circuit, and Justice Antonin Scalia on the U.S. Supreme Court. Barkow was an associate at Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, in Washington, D.C., from 1998-2002, where she focused on telecommunications and administrative law issues in proceedings before the FCC, state regulatory agencies, and federal and state courts. She took a leave from the firm in 2001 to serve as the John M. Olin Fellow in Law at Georgetown University Law Center.
Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Senior Legal Fellow, the Meese Institute for the Rule of Law, Advancing American Freedom
Paul J. Larkin is a Senior Legal Fellow in the Meese Institute for the Rule of Law at Advancing American Freedom. Paul has held various positions in the federal and state governments throughout his career, such as being an attorney in the Organized Crime and Racketeering Section of the Criminal Division at the U.S. Department of Justice, an Assistant to the Solicitor General in the Office of the Solicitor General at the U.S. Department of Justice, Special Agent-in-Charge and Acting Director of the Criminal Investigation Division at the Environmental Protection Agency, and a member of the Parole Abolition and Sentencing Reform Commission and of the Juvenile Justice Reform Commission in the Office of Virginia Governor George Allen.
He has also worked at Verizon Communications and two law firms in Washington, D.C. His current research is principally in the fields of drug policy, criminal justice policy, and administrative law and policy. He has published numerous articles in law and public policy journals, both in print and online.
Justice, Michigan Supreme Court
Stephen Markman was appointed Justice of the Michigan Supreme Court on October 1, 1999. He served as the Chief Justice from 2017-2019. Before his appointment, he served as Judge on the Michigan Court of Appeals from 1995-1999. Prior to this, he practiced law with the firm of Miller, Canfield, Paddock & Stone in Detroit.
From 1989-1993, Justice Markman served as United States Attorney, or federal prosecutor, in Michigan, after having been nominated by President George H. W. Bush and confirmed by the United States Senate. From 1985-1989, he served as Assistant Attorney General of the United States, after having been nominated by President Ronald Reagan and confirmed by the United States Senate. In that position, he headed the Department of Justice’s Office of Legal Policy, which served as the principal policy development office within the Department, and which coordinated the federal judicial selection process. Prior to this, he served for seven years as Chief Counsel of the United States Senate Subcommittee on the Constitution, and as Deputy Chief Counsel of the United States Senate Judiciary Committee.
Justice Markman has authored articles for such publications as the University of Michigan Journal of Law Reform, the Detroit College of Law Review, the Stanford Law Review, the University of Chicago Law Review, the American Criminal Justice Law Review, the Barrister’s Law Journal, the Harvard Journal of Law & Public Policy, and the American University Law Review. He has also served as a contributing editor of National Review magazine, and has authored chapters in such books as “In the Name of Justice: The Aims of the Criminal Law,” “Still the Law of the Land,” and “Originalism: A Quarter Century of Debate.”
Justice Markman has taught constitutional law at Hillsdale College since 1993. He has served on the Board of Directors of the Western Michigan University Thomas M. Cooley Law School. He traveled to Ukraine on two occasions on behalf of the State Department, to provide assistance in the development of that nation’s post-Soviet constitution. He is a Fellow of the Michigan Bar Foundation, a Master of the Bench of the Inns of Court, and a member of the One Hundred Club. He has spoken before hundreds of youth, civic, charitable, and legal groups throughout Michigan and nationally, and has coached Little League baseball and basketball. He lives with his wife Mary Kathleen in Mason, and has two sons, James and Charles.
Justice Markman was re-elected to the Supreme Court in 2000, 2004, and 2012. His present term expires January 1, 2021.
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Segal Family Professor of Regulatory Law and Policy, New York University School of Law
Rachel Barkow is the Segal Family Professor of Regulatory Law and Policy and the Faculty Director of the Center on the Administration of Criminal Law at NYU. In June of 2013, the Senate confirmed her as a Member of the United States Sentencing Commission. Since 2010, she has also been a member of the Manhattan District Attorney's Office Conviction Integrity Policy Advisory Panel.
Professor Barkow teaches courses in criminal law, administrative law, and constitutional law. In 2013, she was the recipient of the NYU Distinguished Teaching Award. The Law School awarded her its Podell Distinguished Teaching Award in 2007.
Her scholarship focuses on criminal law, and she is especially interested in applying the lessons and theory of administrative and constitutional law to the administration of criminal justice. She has written more than 20 articles that span a range of topics. She has written several articles on sentencing, including the relationship between modern sentencing laws and the constitutional role of the criminal jury; federalism and the politics of sentencing; the role of cost-benefit and risk tradeoff analysis in sentencing policy; what institutional model works for designing agencies that regulate criminal punishment; the political factors that lead to guideline and commission formation; and the flawed bifurcation between capital and noncapital constitutional sentencing jurisprudence. Professor Barkow has also explored in numerous articles the role of prosecutors in the criminal justice system. For example, she has analyzed how the lessons of institutional design from administrative law could improve the way prosecutors' offices are structured; she has looked to organizational guidelines and compliance programs as a model for prosecutorial oversight; and she has considered the increasing role of prosecutors as regulators through the conditions they place on corporations. Professor Barkow has also explored larger structural questions of how criminal justice is administered in the United States. In a series of major articles, she has explored the relationship between separation of powers and the criminal law and the relationship between federalism and the criminal law. Professor Barkow has also considered the role of mercy and clemency in criminal justice, paying particular attention to the relationship between administrative law's dominance and the increasing reluctance of scholars and experts to accept pockets of unreviewable discretion in criminal law.
Barkow has been invited to present her work in various settings. In the summer of 2009, Barkow testified before the House of Representatives Subcommittee on Commerce, Trade, and Consumer Protection regarding the institutional design of the proposed Consumer Financial Protection Agency. Barkow testified before the United States Sentencing Commission at a 2009 regional hearing on the 25th Anniversary of the Sentencing Reform Act. In the summer of 2004, Barkow testified before the Senate Judiciary Committee at a hearing on the future of the Federal Sentencing Guidelines. She has also presented her work on sentencing to the National Association of Sentencing Commissions Conference, the Federal Judicial Center's National Sentencing Policy Institute, and the Judicial Conference of the Courts of Appeals for the First and Seventh Circuits. In addition, Barkow has presented papers at numerous law schools.
After graduating from Northwestern University (B.A. 1993), Barkow attended Harvard Law School (J.D. 1996), where she won the Sears Prize, which is awarded annually to two students with the top overall grade averages in the first-year class. Barkow served as a law clerk to Judge Laurence H. Silberman on the District of Columbia Circuit, and Justice Antonin Scalia on the U.S. Supreme Court. Barkow was an associate at Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, in Washington, D.C., from 1998-2002, where she focused on telecommunications and administrative law issues in proceedings before the FCC, state regulatory agencies, and federal and state courts. She took a leave from the firm in 2001 to serve as the John M. Olin Fellow in Law at Georgetown University Law Center.
Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Senior Legal Fellow, the Meese Institute for the Rule of Law, Advancing American Freedom
Paul J. Larkin is a Senior Legal Fellow in the Meese Institute for the Rule of Law at Advancing American Freedom. Paul has held various positions in the federal and state governments throughout his career, such as being an attorney in the Organized Crime and Racketeering Section of the Criminal Division at the U.S. Department of Justice, an Assistant to the Solicitor General in the Office of the Solicitor General at the U.S. Department of Justice, Special Agent-in-Charge and Acting Director of the Criminal Investigation Division at the Environmental Protection Agency, and a member of the Parole Abolition and Sentencing Reform Commission and of the Juvenile Justice Reform Commission in the Office of Virginia Governor George Allen.
He has also worked at Verizon Communications and two law firms in Washington, D.C. His current research is principally in the fields of drug policy, criminal justice policy, and administrative law and policy. He has published numerous articles in law and public policy journals, both in print and online.
Justice, Michigan Supreme Court
Stephen Markman was appointed Justice of the Michigan Supreme Court on October 1, 1999. He served as the Chief Justice from 2017-2019. Before his appointment, he served as Judge on the Michigan Court of Appeals from 1995-1999. Prior to this, he practiced law with the firm of Miller, Canfield, Paddock & Stone in Detroit.
From 1989-1993, Justice Markman served as United States Attorney, or federal prosecutor, in Michigan, after having been nominated by President George H. W. Bush and confirmed by the United States Senate. From 1985-1989, he served as Assistant Attorney General of the United States, after having been nominated by President Ronald Reagan and confirmed by the United States Senate. In that position, he headed the Department of Justice’s Office of Legal Policy, which served as the principal policy development office within the Department, and which coordinated the federal judicial selection process. Prior to this, he served for seven years as Chief Counsel of the United States Senate Subcommittee on the Constitution, and as Deputy Chief Counsel of the United States Senate Judiciary Committee.
Justice Markman has authored articles for such publications as the University of Michigan Journal of Law Reform, the Detroit College of Law Review, the Stanford Law Review, the University of Chicago Law Review, the American Criminal Justice Law Review, the Barrister’s Law Journal, the Harvard Journal of Law & Public Policy, and the American University Law Review. He has also served as a contributing editor of National Review magazine, and has authored chapters in such books as “In the Name of Justice: The Aims of the Criminal Law,” “Still the Law of the Land,” and “Originalism: A Quarter Century of Debate.”
Justice Markman has taught constitutional law at Hillsdale College since 1993. He has served on the Board of Directors of the Western Michigan University Thomas M. Cooley Law School. He traveled to Ukraine on two occasions on behalf of the State Department, to provide assistance in the development of that nation’s post-Soviet constitution. He is a Fellow of the Michigan Bar Foundation, a Master of the Bench of the Inns of Court, and a member of the One Hundred Club. He has spoken before hundreds of youth, civic, charitable, and legal groups throughout Michigan and nationally, and has coached Little League baseball and basketball. He lives with his wife Mary Kathleen in Mason, and has two sons, James and Charles.
Justice Markman was re-elected to the Supreme Court in 2000, 2004, and 2012. His present term expires January 1, 2021.
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Criminal Law: Justice Scalia and the Criminal Law
Rachel Barkow, Stephanos Bibas, Orin S. Kerr, Paul James Larkin, Steve J. Markman, David R. Stras
Justice Scalia's originalism had an important impact on our nation's criminal law. While sometimes overlooked,...
Criminal Law: Justice Scalia and the Criminal Law
Rachel Barkow, Stephanos Bibas, Orin S. Kerr, Paul James Larkin, Steve J. Markman, David R. Stras
Justice Scalia's originalism had an important impact on our nation's criminal law. While sometimes overlooked,...
Criminal Law: Justice Scalia and the Criminal Law
2016 National Lawyers Convention
Washington, DC