UC Foundation Assistant Professor, U.T. Chattanooga
Stephen & Barbara Friedman Senior Fellow, The Brookings Institution
Robert Kagan is the Stephen & Barbara Friedman Senior Fellow with the Project on International Order and Strategy in the Foreign Policy program at Brookings. He is a contributing columnist at The Washington Post. His new book is The Jungle Grows Back: America and Our Imperiled World (Knopf, 2018). His previous book was The New York Times bestseller, The World America Made (Knopf, 2012).
He is also the author of Return of History and the End of Dreams (Knopf, 2008), Dangerous Nation: America’s Place in the World from its Earliest Days to the Dawn of the 20th Century (Knopf 2006), Of Paradise and Power (Knopf 2003), and A Twilight Struggle: American Power and Nicaragua, 1977-1990 (Free Press, 1996).
For his writings, Politico Magazine named Kagan one of the “Politico 50” in 2016, the “thinkers, doers and visionaries transforming American politics in 2016.” His most recent pieces include “The Twilight of the Liberal World Order” in “Brookings Big Ideas for America” and “Backing into World War III” in Foreign Policy.
He served in the State Department from 1984 to 1988 as a member of the policy planning staff, as principal speechwriter for Secretary of State George P. Shultz, and as deputy for policy in the Bureau of Inter-American Affairs. He is a graduate of Yale University and Harvard University’s Kennedy School of Government and holds a doctorate in American history from American University.
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
Jeremy A. Rabkin is a Professor Emeritus of Law at the Antonin Scalia Law School, George Mason University. Before joining the faculty in June 2007, he was for over two decades a professor in the Department of Government at Cornell University. Professor Rabkin serves on the board of directors of the Center for Individual Rights, a public interest law firm based in Washington, D.C. Previously he was a board member of the U.S. Institute of Peace and the board of academic advisors of the American Enterprise Institute.
Professor Rabkin’s books include Law Without Nations? (Princeton University Press, 2005). He authored “If You Need a Friend, Don’t Call a Cosmopolitan,” a chapter in Varieties of Sovereignty and Citizenship (Sigal R. Ben-Porath & Rogers M. Smith eds., University of Pennsylvania Press, 2012). His articles have appeared in major law reviews and political science journals and his journalistic contributions in a range of magazines and newspapers, including the Washington Post and the Wall Street Journal.
Professor of History and Charles O. Lee and Louise K. Lee Chair in the Western Heritage, Hillsdale College
After reading Litterae Humaniores at Wadham College, Oxford, on a Rhodes Scholarship from 1971-1974, Paul A. Rahe completed a Ph.D. in ancient history at Yale University under the direction of Donald Kagan in 1977. In subsequent years, he taught at Cornell University, Franklin and Marshall College, and the University of Tulsa, where he spent twenty-four years before accepting a position at Hillsdale College, where he is Professor of History and Political Science and holds The Charles O. Lee and Louise K. Lee Chair in the Western Heritage.
Professor Rahe’s entire scholarly career has been focused on studying the origins and evolution of self-government within the West. His range is considerable. His first book, Republics Ancient and Modern: Classical Republicanism and the American Revolution (1992), was 1200 pages in length and surveyed the origins and development of self-government in ancient Greece and Rome, its re-emergence in a new form in the Middle Ages, the transformation it underwent at the hands of the political philosophers of early modernity, and the statesmanship of the American Founding Fathers. Within the first thirteen months of publication, the hardback edition sold out. Thereafter, it reappeared as an alternative selection of the History Book Club. In 1994, it was reissued in a three-volume paperback edition by the University of North Carolina Press, and it remains in print.
In the course of his career, Professor Rahe has published dozens of chapters on related subjects in edited books and scholarly articles in journals such as The American Journal of Philology, Historia, The American Journal of Archaeology, The American Historical Review, The Review of Politics, The American Journal of Business and Professional Ethics, The Journal of the Historical Society, The National Interest, The Woodrow Wilson Quarterly, and History of Political Thought. He spent two years in Istanbul, Turkey in the mid-1980s as a fellow of the Institute of Current World Affairs; he has been awarded research fellowships by the National Endowment for the Humanities and the Earhart Foundation; and he has held research fellowships at the Center for Hellenic Study, the National Humanities Center, the Woodrow Wilson International Center for Scholars in Washington, D. C. , Clare College at Cambridge University, All Souls College at Oxford University, and the American Academy in Berlin; and he has given a host of public lectures at universities in the United States and abroad – most recently at the Hebrew University and at Al-Quds University in Jerusalem, at the Sorbonne in Paris, at the Royal Military Academy at Sandhurst in England and the Free University in Berlin. In 1997-98, he was named to the Templeton Honor Rolls for Education in a Free Society by The John M. Templeton Foundation, and in 2006 the Society for French Historical Studies awarded him the Koren Prize for the Best Article Published in French History the preceding year.
Professor Rahe co-edited Montesquieu’s Science of Politics: Essays on the Spirit of Laws(2001) with David W. Carrithers and Michael A. Mosher, and he edited Machiavelli’s Liberal Republican Legacy (2006). His second book, Against Throne and Altar: Machiavelli and Political Theory under the English Republic, which examines the political thought inspired by the abortive republican experiment that took place in England in the period stretching from 1649 to 1660, was published by Cambridge University Press in April, 2008. His third and fourth books, Montesquieu and the Logic of Liberty: War, Religion, Commerce, Climate, Terrain, Technology, Uneasiness of Mind, the Spirit of Political Vigilance, and the Foundations of the Modern Republic and Soft Despotism, Democracy’s Drift: Montesquieu, Rousseau, and Tocqueville on the Modern Prospect, were published by Yale University Press in 2009. For his fifth book, The Spartan Way of War, which he hopes to have finished by the end of 2010, Professor Rahe has received a contract from Yale University Press.
Harry Kalven, Jr. Professor of Law & Faculty Director, Constitutional Law Institute, University of Chicago Law School
William Baude is a Professor of Law and the Faculty Director of the Constitutional Law Institute at the University of Chicago Law School, where he teaches federal courts, constitutional law, and conflict of laws. His current research interests include different aspects of the Fourteenth Amendment (particularly both Section One and Section Three) and the nature of judicial discretion.
Among his other activities Baude is: the co-editor of two textbooks, The Constitution of the United States and Hart & Wechsler's Federal Courts in the Federal System; an Affiliated Scholar at the Center for the Study of Constitutional Originalism; a founding member of the Academic Freedom Alliance; a member of the American Law Institute; an occasional blogger at The Volokh Conspiracy; and a podcaster on Divided Argument. He also recently served on the Presidential Commission on the Supreme Court of the United States.
Professor Baude received his BS in Mathematics from the University of Chicago and his JD from Yale Law School. He then clerked for then-Judge Michael McConnell on the United States Court of Appeals, and Chief Justice John Roberts on the United States Supreme Court. Before joining the Chicago faculty, he was a fellow at the Stanford Constitutional Law Center, and a lawyer in Washington, DC.
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin Chemerinsky became the 13th Dean of Berkeley Law on July 1, 2017, when he joined the faculty as the Jesse H. Choper Distinguished Professor of Law.
Prior to assuming this position, from 2008-2017, he was the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School of Law, with a joint appointment in Political Science. Before that he was the Alston and Bird Professor of Law and Political Science at Duke University from 2004-2008, and from 1983-2004 was a professor at the University of Southern California Law School, including as the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. He also has taught at DePaul College of Law and UCLA Law School.
He is the author of eleven books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent books are, We the People: A Progressive Reading of the Constitution for the Twenty-First Century (Picador Macmillan) published in November 2018, and two books published by Yale University Press in 2017, Closing the Courthouse Doors: How Your Constitutional Rights Became Unenforceable and Free Speech on Campus (with Howard Gillman).
He also is the author of more than 200 law review articles. He writes a regular column for the Sacramento Bee, monthly columns for the ABA Journal and the Daily Journal, and frequent op-eds in newspapers across the country. He frequently argues appellate cases, including in the United States Supreme Court.
In 2016, he was named a fellow of the American Academy of Arts and Sciences. In 2017, National Jurist magazine again named Dean Chemerinsky as the most influential person in legal education in the United States.
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.
Leitner Family Professor of International Law and Co-Founder & Co-Director of the Center on Asian Americans & the Law, Fordham University School of Law
Thomas H. Lee is the Leitner Family Professor of International Law at Fordham, where he teaches civil procedure, constitutional law, federal courts, international law, and the U.S. law of civil-military relations. His meticulously researched and historically-grounded scholarship has argued that the Eleventh Amendment reflected the classical international law principle that only a sovereign state—not its citizens or subjects— has rights against other sovereign states; that the Alien Tort Statute was a national-security peacekeeping statute, not an international human-rights statute, enacted in 1789 when the United States was a militarily weak state; and that the Natural Born Citizen Clause regarding presidential eligibility reflected natural-law principles of membership by descent as well as domestic birthplace. His current research examines the nature of Article III judicial power and the role of the federal courts in American society.
He is Co-Director of the Center on Asian Americans and the Law, Special Counsel at Hughes Hubbard & Reed, and a Member of the American Law Institute. He was Special Counsel to the General Counsel of the U.S. Department of Defense, a Member of the ICSID Panel of Conciliators, Adviser to the Constitutional Court of Korea, and Visiting Professor at Columbia, Harvard, and the University of Virginia law schools, as well as Faculty Director of International and Graduate Studies at Fordham from 2006 to 2019. Before his academic career, Lee clerked for Judge Michael Boudin of the First Circuit and Justice David Souter of the Supreme Court and served as an active-duty U.S. naval cryptology officer, afloat on submarines and surface combatants and ashore in Korea, Japan, and with the National Security Agency. He holds A.B. (summa cum laude), A.M. (Regional Studies—East Asia), and J.D. degrees from Harvard, where he was Articles Chair of the Harvard Law Review and a Ph.D. candidate (ABD) in Government.
How the Founders’ Natural Law Theory Illuminates the Original Meaning of Free Exercise
Kody Cooper
In Fulton v. City of Philadelphia, the Supreme Court will consider whether Philadelphia’s 2018 policy...
Book Review: The Jungle Grows Back: America and Our Imperiled World
Robert Kagan, Jeremy A. Rabkin, Paul Rahe
So many international developments vie for America’s attention. Dr. Robert Kagan’s book, The Jungle Grows...
Panel: Scholarly Rigor and Intellectual Orthodoxy
William Baude, Erwin Chemerinsky, Joshua Kleinfeld, Thomas Lee
This panel will focus on questions of academic rigor and intellectual orthodoxy in modern American...