Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Cary Fields Professor of Law; Co-Director, Center for Law and Religion, St. John's University School of Law
Professor DeGirolami has research interests in law and religion, freedom of speech, constitutional law, tort law, and criminal law. His book, The Tragedy of Religious Freedom, was published by Harvard University Press in 2013. His papers have been or will be published in various law journals including Notre Dame Law Review, Washington University Law Review, Stanford Law and Policy Review, Constitutional Commentary, Legal Theory, Ohio State Journal of Criminal Law, Boston College Law Review, San Diego Law Review, Alabama Law Review, and St. John's Law Review, among others. He has written for The New York Times, The New Republic, The Weekly Standard, First Things, Commonweal, and The Library of Law and Liberty. He is the Cary Fields Professor of Law and the Co-director of the Center for Law and Religion.
Following law school, Professor DeGirolami clerked for Judge William E.Smith of the U.S. District Court for the District of Rhode Island and Judge Jerome Farris of the U.S. Court of Appeals for the Ninth Circuit. His professional experience includes service as an Assistant District Attorney in Cambridge, Massachusetts. Prior to joining the St. John's faculty, he was an Associate-in-Law at Columbia Law School, and Visiting Assistant Professor and Scholar in Residence at Catholic University's Columbus School of Law. He was a Visiting Fellow at Princeton University in 2019, in the Department of Politics’ James Madison Program. He was a Visiting Fellow at Princeton University in 2019, in the Department of Politics' James Madison Program, and a Visiting Professor at Notre Dame Law School in Spring 2020.
At St. John's, he teaches or has taught Constitutional Law, Constitutional Theory, Criminal Law, courses in Law and Religion, Professional Responsibility, and Torts.
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.
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
Associate Professor of Government; Pre-Law Advisor, Patrick Henry College
Professor of Law, Brooklyn Law School
Professor Mulligan teaches Internet law, intellectual property law, and trusts & estates. Her research addresses efforts to adapt intellectual property law for the digital age, the relationship between law and technology, and theories of constitutional interpretation. Recently, she has written about the Internet of Things, robot punishment, and early translations of the Constitution.
While at Brooklyn, Professor Mulligan researched as a visiting scholar at the Georgetown Center for the Constitution and taught as a visiting associate professor at Yale Law School. Previously, she taught at the University of Georgia and was a postdoctoral associate and lecturer in law at the Information Society Project at Yale Law School. Her scholarship has been published in a variety of journals and law reviews, including Georgia Law Review, SMU Law Review, and Constitutional Commentary.
Professor Mulligan earned her bachelor’s degree cum laude and her law degree cum laude from Harvard University, where she worked as a production and article editor for the Harvard Journal of Law & Technology. Before entering academia, she served as a law clerk for Judge Charles F. Lettow of the U.S. Court of Federal Claims.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Cary Fields Professor of Law; Co-Director, Center for Law and Religion, St. John's University School of Law
Professor DeGirolami has research interests in law and religion, freedom of speech, constitutional law, tort law, and criminal law. His book, The Tragedy of Religious Freedom, was published by Harvard University Press in 2013. His papers have been or will be published in various law journals including Notre Dame Law Review, Washington University Law Review, Stanford Law and Policy Review, Constitutional Commentary, Legal Theory, Ohio State Journal of Criminal Law, Boston College Law Review, San Diego Law Review, Alabama Law Review, and St. John's Law Review, among others. He has written for The New York Times, The New Republic, The Weekly Standard, First Things, Commonweal, and The Library of Law and Liberty. He is the Cary Fields Professor of Law and the Co-director of the Center for Law and Religion.
Following law school, Professor DeGirolami clerked for Judge William E.Smith of the U.S. District Court for the District of Rhode Island and Judge Jerome Farris of the U.S. Court of Appeals for the Ninth Circuit. His professional experience includes service as an Assistant District Attorney in Cambridge, Massachusetts. Prior to joining the St. John's faculty, he was an Associate-in-Law at Columbia Law School, and Visiting Assistant Professor and Scholar in Residence at Catholic University's Columbus School of Law. He was a Visiting Fellow at Princeton University in 2019, in the Department of Politics’ James Madison Program. He was a Visiting Fellow at Princeton University in 2019, in the Department of Politics' James Madison Program, and a Visiting Professor at Notre Dame Law School in Spring 2020.
At St. John's, he teaches or has taught Constitutional Law, Constitutional Theory, Criminal Law, courses in Law and Religion, Professional Responsibility, and Torts.
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.
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
Associate Professor of Government; Pre-Law Advisor, Patrick Henry College
Professor of Law, Brooklyn Law School
Professor Mulligan teaches Internet law, intellectual property law, and trusts & estates. Her research addresses efforts to adapt intellectual property law for the digital age, the relationship between law and technology, and theories of constitutional interpretation. Recently, she has written about the Internet of Things, robot punishment, and early translations of the Constitution.
While at Brooklyn, Professor Mulligan researched as a visiting scholar at the Georgetown Center for the Constitution and taught as a visiting associate professor at Yale Law School. Previously, she taught at the University of Georgia and was a postdoctoral associate and lecturer in law at the Information Society Project at Yale Law School. Her scholarship has been published in a variety of journals and law reviews, including Georgia Law Review, SMU Law Review, and Constitutional Commentary.
Professor Mulligan earned her bachelor’s degree cum laude and her law degree cum laude from Harvard University, where she worked as a production and article editor for the Harvard Journal of Law & Technology. Before entering academia, she served as a law clerk for Judge Charles F. Lettow of the U.S. Court of Federal Claims.
Panel: Originalism & Its Discontents
23rd Annual Federalist Society Faculty Conference
Panel: Originalism & Its Discontents
Randy E. Barnett, Marc DeGirolami, Joshua Kleinfeld, John O. McGinnis, Jesse Merriam, Christina M. Mulligan
Originalism & Its Discontents11:00 am - 12:30 pm This panel will discuss some of the...
The Exclusionary Rule & Coerced Confessions