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.
Director of Research, American Economic Liberties Project
Matt Stoller is a public intellectual who writes about the American anti-monopoly
tradition. He is the author of the Simon and Schuster book Goliath: The Hundred Year
War Between Monopoly Power and Democracy. Stoller is the Director of Research at
the American Economic Liberties Project. He publishes an email newsletter called BIG.
Stoller is a former policy advisor to the Senate Budget Committee, and worked in the House of Representatives on the Dodd–Frank Wall Street Reform Act.
He has lectured on competition policy and media at Columbia University, Harvard Law, Duke Law, Bertelsmann Foundation, Vrije Universiteit Brussel, West Point and the National Communications Commission of Taiwan. His writing has appeared in the Washington Post, the New York Times, Fast Company, Foreign Policy, the Guardian, Vice, The American Conservative, and the Baffler.
He has also produced for MSNBC and starred in a short-lived television show on FX called Brand X with Russell Brand.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Of Counsel, Shook Hardy & Bacon LLP
Chris’ public policy work focuses on tort law and civil justice system reform. His work is generally divided among legislative efforts, appellate litigation, and liability counseling. Chris has drafted model legislation to be introduced on the state and federal level, testified on numerous legislative initiatives, and authored amicus briefs to state supreme courts and federal appellate courts, including the U.S. Supreme Court. He also serves as an adviser to various business groups and trade associations interested in tort liability issues and civil justice system reform.
In addition, Chris is an elected member of the American Law Institute (ALI), and has assisted in the development of a variety of ALI projects implicating liability law. He has also been a recurrent guest lecturer at the U.S. Department of Justice and Wake Forest University School of Law, as well as a speaker at numerous legal conferences and industry group meetings, on issues related to tort law. Chris has additionally produced significant scholarship in the area of liability law. He has authored more than 50 legal publications on a wide range of liability issues, including articles in the Harvard Journal of Law & Public Policy, UPenn Journal of Business Law, and Duke Journal of Constitutional Law & Public Policy, and has served as a contributor to tort casebooks.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Staff Attorney, Shook Hardy & Bacon
Sarah works with Shook Hardy & Bacon’s Public Policy Group, whose aim is to improve civil litigation through judicial education, communications and legal scholarship; she also is a member of the Litigation practice group. Since joining the firm, she also has worked on construction industry-related arbitrations.
Before joining Shook, Sarah worked on litigation and administrative appeals for the Civil Beat Law Center in Hawaii, which provides advice and representation to the public and the media to achieve transparency in government. During law school, Sarah was senior research assistant to Andrew F. Popper during his work on the third edition of Administrative Law: A Contemporary Approach.
Open Minds: Who is Exercising Private Power and What Do They Control? Part 2
Joshua Kleinfeld, Matt Stoller
In the second part of this interview, Matt and Prof. Kleinfeld discuss the roots of...
2018 Civil Justice Update
Mark A. Behrens, Christopher Appel
Note from the Editor: The Federalist Society takes seriously its responsibility as a non-partisan institution...
2017 Civil Justice Update
Mark A. Behrens, Sarah Goggans
This paper reviews key civil justice issues and reforms in 2017. Part I focuses on...