Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime
Marc A. Levin is the Chief Policy Counsel for the Council on Criminal Justice (counciloncj.org) and Senior Advisor for Right on Crime.
An attorney and accomplished author on legal and public policy issues, Marc began the Foundation’s criminal justice program in 2005. This work contributed to nationally praised policy changes that have been followed by dramatic declines in crime and incarceration in Texas. Building on this success, in 2010, Levin developed the concept for the Right on Crime initiative, a TPPF project in partnership with Prison Fellowship and the American Conservative Union Foundation. Right on Crime has become the national clearinghouse for conservative criminal justice reforms and has contributed to the adoption of policies in dozens of states that fight crime, support victims, and protect taxpayers.
In 2014, Levin was named one of the “Politico 50” in the magazine’s annual “list of thinkers, doers, and dreamers who really matter in this age of gridlock and dysfunction.”
Marc has testified on criminal justice policy on four occasions before Congress and has testified before legislatures in states including Texas, Nevada, Kansas, Wisconsin, and California. He also has met personally with leaders such as U.S. Presidents, Speakers of the House, and the Justice Commtitee of the United Kingdom Parliament to share his ideas on criminal justice reform. In 2007, he was honored in a resolution unanimously passed by the Texas House of Representatives that stated, “Mr. Levin’s intellect is unparalleled and his research is impeccable.”
Since 2005, Marc has published dozens of policy papers on topics such as sentencing, probation, parole, reentry, and overcriminalization which are available on the TPPF website. Levin’s articles on law and public policy have been featured in publications such as the Wall Street Journal, USA Today, Texas Review of Law & Politics, National Law Journal, New York Daily News, Jerusalem Post, Toronto Star, Atlanta Journal-Constitution, Philadelphia Inquirer, San Francisco Chronicle, Washington Times, Los Angeles Daily Journal, Charlotte Observer, Dallas Morning News, Houston Chronicle, Austin American-Statesman, San Antonio Express-News and Reason Magazine.
In 1999, Marc graduated with honors from the University of Texas with a B.A. in Plan II Honors and Government. In 2002, Marc received his J.D. with honors from the University of Texas School of Law. Marc was a Charles G. Koch Summer Fellow in 1996. He served as a law clerk to Judge Will Garwood on the U.S. Court of Appeals for the Fifth Circuit and Staff Attorney at the Texas Supreme Court.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Founder & President, Due Process Institute
Shana founded the Due Process Institute because, after years of first-hand defense work and criminal legal reform advocacy, she became convinced that the Constitution needed and deserved its own lobbying firm--particularly in the area of procedural due process rights.
With 20 years of project management, lobbying, legal defense, and teaching experience, Shana's goal is to achieve meaningful solutions to as many of these problems, in the shortest amount of time possible, for the betterment of as many people as possible, as well as to prevent any of it from getting worse on her watch.
Chancellor’s Professor of Law, UC Irvine School of Law
Professor Simons is a leading scholar of tort law, criminal law, and law and philosophy and Co-director of the Center for Legal Philosophy. He has served since 2014 as Chief Reporter for the American Law Institute’s Restatement Third of Torts: Intentional Torts to Persons. In January 2019, he was the recipient of the 2019 William L. Prosser Award by the Association of American Law Schools Section on Torts and Compensation Systems, which recognizes “outstanding contributions of law teachers in scholarship, teaching and service” related to tort law and compensation systems.
Professor Simons has published influential scholarship concerning consent, assumption of risk and contributory negligence; the nature and role of mental states in criminal, tort and constitutional law; and negligence as a moral and legal concept. He has also explored such topics as bias crimes, corrective justice, the logic of egalitarian norms, mistake and impossibility in criminal law, and strict criminal liability.
Before joining UC Irvine School of Law, Prof. Simons was Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar in Law at Boston University School of Law. He was a law clerk to U.S. Supreme Court Justice Thurgood Marshall and to Judge James L. Oakes, U.S. Court of Appeals for the Second Circuit. Prof. Simons also worked as an associate at Goodwin, Procter & Hoar in Boston, in the field of civil litigation. He received his J.D. from Michigan Law School, magna cum laude, and graduated from Yale University, summa cum laude, with a B.A. in philosophy.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Senior Counsel, Becket Fund for Religious Liberty
William J. Haun is Senior Counsel at the Becket Fund for Religious Liberty and a Nonresident Fellow at the American Enterprise Institute (AEI). At Becket, Will litigates nationwide in defense of religious liberty for all faith traditions, particularly before the U.S. Supreme Court and in other federal and state appellate courts. His litigation includes being a member of the U.S. Supreme Court team that prevailed 9-0 for Catholic Social Services in Fulton v. City of Philadelphia, arguing before multiple federal appellate courts, federal district courts, and the Supreme Court of Texas. At AEI, Will writes and researches on constitutionalism and self-government’s prerequisites, especially the role of religion in securing and preserving freedom.
Before joining Becket and AEI, Will practiced appellate and antitrust law at two international law firms—Shearman & Sterling and Hunton & Williams. He also served as a law clerk to Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit and Judge Claude Hilton of the U.S. District Court for the Eastern District of Virginia. Will often writes on constitutional law issues, including in the Harvard Journal of Law & Public Policy, the Catholic University Law Review, National Affairs, Law & Liberty, National Review Online, the Wall Street Journal, and the Washington Post. He also speaks on these topics, including at the Catholic University of America, Columbus School of Law, Princeton University, the University of Virginia School of Law, and the University of Chicago Law School. He received his J.D. from the Catholic University of America, cum laude, where he was a published member of the Law Review. He received his B.A. from American University in political science, cum laude. He lives in Maryland with his wife and children, where they enjoy sailing, cheering on their favorite baseball teams, and discovering the great traditions of their Catholic faith.
Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University
In memoriam
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University
In memoriam
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
Senior Fellow, Manhattan Institute's Center for Legal Policy
Marie Gryphon is a Senior Fellow with the Center for Legal Policy. As an attorney in private practice, she worked on ERISA, securities, class action, commercial contract, legal malpractice, and constitutional law cases. She has also been a legal and policy analyst with the Cato Institute, working on issues related to education policy.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Member, Miller & Chevalier Chartered
Timothy P. O'Toole defends individuals and companies in white collar criminal prosecutions, conducts internal corporate investigations, and represents potential witnesses and targets in government investigations. His white collar criminal defense practice includes matters involving the Foreign Corrupt Practices Act, criminal tax, conspiracy, false representations to government agencies, bribery, illegal gratuities, obstruction of justice, and fraud.
Mr. O’Toole also handles complex litigation arising under the Employee Retirement Income Security Act (ERISA). His ERISA practice spans a broad spectrum, including fiduciary litigation, pre-emption matters, and cases arising under Title IV. He has represented plan sponsors in benefits litigation and has particular experience in defending breach of fiduciary duty claims. Mr. O’Toole also currently represents a number of retiree organizations in challenges to the manner in which the Pension Benefit Guaranty Corporation (PBGC) has handled the termination of their pension plans and administered their pension benefits.
Mr. O'Toole is experienced in handling criminal and civil appeals, having presented more than 25 appellate arguments in the state and federal courts, and represented parties and amici curiae before the United States Supreme Court in a Fourth Amendment case (Hudson v. Michigan), cases involving the Sixth Amendment right to confront witnesses (Briscoe v. Virginia; Melendez-Diaz v. Massachusetts; Davis v. Washington; and Hammon v. Indiana), and cases involving federal court jurisdiction (Slack v. McDaniel; Whorton v. Bockting; Muhammad v. Close; and Rumsfeld v. Padilla).
Prior to joining Miller & Chevalier, Mr. O’Toole served as the Chief of the Special Litigation Division of the Public Defender Service for the District of Columbia, where he supervised and handled complex cases in the local and federal courts. He is a former Assistant Federal Public Defender in Las Vegas, Nevada, where he represented people under sentence of death in federal proceedings.
Discussing Attempts to Address Federal Overcriminalization
Marc Levin, John G. Malcolm, Shana O’Toole, Kenneth W. Simons
A recent executive order entitled “Fighting Overcriminalization in Federal Regulations” and two congressional proposals: the...
Morally Innocent, Legally Guilty: The Case for Mens Rea Reform
John G. Malcolm
Note from the Editor: This article discusses the concept of mens rea, argues that too...
Mens Rea
Capitol Hill Chapter Event
Washington, DCTopics
Point/Counterpoint: Criminal Justice Reform and Mens Rea
My good friend Bill Otis has posted his opening statement from a Federalist Society event...
The “Mens Rea” Component Within the Issue of the Over-Federalization of Crime
William J. Haun, John S. Baker
Introduction After decades of hastily passing federal criminal laws, the U.S. House of Representatives, through...
Engage Volume 14, Issue 2
*Online Only Issue ADMINISTRATIVE LAW & REGULATION EPA’s Retrospective Review of Regulations: Will It...
Mens Rea and State Crimes
John S. Baker
The public understanding of what is and is not a crime has eroded over time....
Mens Rea in the Criminal Law: Current Trends
Marie Gryphon
Traditionally, a violation of the criminal law must consist both in “an evildoing hand” and...