Will Skillman Fellow in Education, Center for Education Policy, The Heritage Foundation
Jonathan Butcher is the Will Skillman Fellow in Education at The Heritage Foundation. He is the author of Splintered: Critical Race Theory and the Progressive War on Truth (Bombardier Books, April 2022). He co-edited and wrote chapters in The Critical Classroom (The Heritage Foundation, 2022), discussing the racial prejudice that comes from the application of critical race theory in K-12 schools. In 2021, South Carolina Gov. Henry McMaster nominated Jonathan to serve on the board of the South Carolina Public Charter School District, a statewide charter school authorizer. He has researched and testified on education policy around the U.S.
Jonathan co-edited and wrote chapters in the book The Not-So-Great Society, which provides conservative solutions to the problems created by the ever-expanding federal footprint in preschool, K-12, and higher education.
In 2018 the Federal Commission on School Safety cited comments from his testimony in the commission’s final report. He has appeared on local and national TV outlets, including C-SPAN, Fox News, and HBO’s Vice News Tonight, and he has been a guest on many radio programs. His commentary has appeared nationally in places such as the Wall Street Journal, Education Week, National Review Online, Newsweek.com, and Forbes.com, along with newspapers around the country.
In 2017 he was a co-recipient of the State Policy Network’s Bob Williams Award for Most Influential Research for a proposal to protect free speech on campus, alongside Stanley Kurtz of the Ethics and Public Policy Center and Jim Manley of the Goldwater Institute.
Jonathan previously served as the education director at the Goldwater Institute, where he remains a senior fellow. He was a member of the Arizona Department of Education’s first Steering Committee for Empowerment Scholarship Accounts, the nation’s first education savings account program. He is also a Senior Fellow with The Beacon Center of Tennessee, a nonpartisan research organization, and a contributing scholar for the Georgia Center for Opportunity.
Prior to joining Goldwater, Jonathan was the director of accountability for the South Carolina Public Charter School District. Jonathan previously studied education policy at the Department of Education Reform at the University of Arkansas and worked with the School Choice Demonstration Project, the research team that evaluated voucher programs in Washington, D.C. and Milwaukee, Wisc.
Jonathan holds a B.A. in English from Furman University and an M.A. in economics from the University of Arkansas.
Vice President for Litigation & General Counsel, Goldwater Institute
Jon Riches is the Vice President for Litigation for the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation and General Counsel for the Institute. He litigates in federal and state trial and appellate courts in the areas of economic liberty, regulatory reform, free speech, taxpayer protections, public labor issues, government transparency, and school choice, among others.
Jon has developed and authored several pieces of legislation, including the landmark Right to Earn a Living Act, which provides some of the greatest protections in the country to job-seekers and entrepreneurs facing arbitrary licensing regulations. He also developed legislation eliminating deference to administrative agencies in Arizona—a first-of-its-kind regulatory reform that can serve as a model for the rest of the country.
His work at the Institute has been covered by national media, including the Wall Street Journal, New York Times, CBS This Morning, Bloomberg News, and Politico. Jon is also a member of the Federalist Society’s Regulatory Transparency Project: State and Local Working Group.
Prior to joining the Goldwater Institute, Jon served on active duty in the U.S. Navy Judge Advocate General’s (JAG) Corps. While on active duty, Jon represented hundreds of clients, litigated dozens of court-martial cases, and advised commanders on a vast array of legal issues.
He previously clerked for Sen. Jon Kyl on the U.S. Senate Judiciary Committee, worked for the Rules Committee in the Arizona State Senate, and clerked in the Office of Counsel to the President at the White House. Jon received his B.A. from Boston College, where he graduated magna cum laude and Phi Beta Kappa. He earned his J.D. from the University of Arizona, James E. Rogers College of Law.
Jon served as a presidentially appointed Panel Member on the Federal Service Impasses Panel. He is an officer in the U.S. Navy Reserve and an Adjunct Professor at Arizona State University School of Law. Jon is a native of Phoenix.
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
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Senior Fellow, The Civitas Institute, University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
Explainer Episode 60 - Bias Response Teams, American College Campuses, and Free Speech
Jonathan Butcher, Jonathan Riches
What are bias response teams (BRTs)? What role do they play on American college campuses?...
Open Minds: Applying Libertarian Convictions in The Real World
Joshua Kleinfeld, Randy E. Barnett
Prof. Randy Barnett joins Prof. Joshua Kleinfeld to discuss how his life experiences have informed his libertarian...
Panel II: Views on Legal Education
1984 National Student Symposium
Cambridge, MA