John Oldham McGinnis is an American legal scholar at the Northwestern University Pritzker School of Law and author of over 90 academic and popular articles and essays. His popular writings have been published in The Wall Street Journal , National Review , and Policy Review .
McGinnis teaches and writes on constitutional and international law. In constitutional law, he has focused especially on majority and supermajority rules. In international law, he has focused on the question of the proper role of international law in United States law.
McGinnis graduated from the Phillips Exeter Academy in 1975, and earned a B.A. from Harvard University in 1978, an M.A. from Balliol College, Oxford University in 1980, and a J.D. magna cum laude from Harvard in 1983. In 1997 he received the Paul M. Bator Award, which is awarded annually by the Federalist Society to an "outstanding legal scholar" under forty. McGinnis worked in the Office of Legal Counsel, Department of Justice from 1985 to 1991. He has given 10 testimonies before congress. McGinnis was also a litigation associate at the prestigious Sullivan & Cromwell, and a clerk on the United States Court of Appeals for the District of Columbia.
McGinnis's government posts are currently as a member of the National Advisory Committee for the North American Agreement on Labor Cooperation, and as a roster member of the United States Panelists for Resolution of World Trade Organization Disputes. He is a member of the conservative Federalist Society.
McGinnis is a co-author of a law review article stating that the majority of law school faculty members donate more to Democrats than to Republicans. [1] He uses this to attack the "viewpoint diversity" justification that the U.S. Supreme Court used to permit law schools to give racial minorities an advantage in their admissions processes. His argument is that law schools are not, and probably should not be, committed to political viewpoint diversity in the hiring process (implying that they should not use affirmative action-like techniques in recruiting and admitting students).
McGinnis has published several books. In Accelerating Democracy: Transforming Governance Through Technology (Princeton University Press, 2013) he argues that rapidly changing information technology can improve policy. In Originalism and the Good Constitution (Harvard University Press, 2013) he and Mike Rappaport contend that interpreting the Constitution according to its original meaning continues to have beneficial consequences today.
The Federalist Society for Law and Public Policy Studies (FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution. Headquartered in Washington, D.C., it has chapters at more than 200 law schools and features student, lawyer, and faculty divisions; the lawyers division comprises more than 70,000 practicing attorneys in ninety cities. Through speaking events, lectures, and other activities, it provides a forum for legal experts of opposing views to interact with members of the legal profession, the judiciary, and the legal academy. It is one of the most influential legal organizations in the United States.
The University of Chicago Law School is the law school of the University of Chicago, a private research university in Chicago, Illinois. It employs more than 180 full-time and part-time faculty and hosts more than 600 students in its Juris Doctor program, while also offering the Master of Laws, Master of Studies in Law and Doctor of Juridical Science degrees in law. The law school has the third highest percentage of recent graduates clerking for federal judges after Stanford Law School and Yale Law School.
Laurence Henry Tribe is an American legal scholar who is a University Professor Emeritus at Harvard University. He previously served as the Carl M. Loeb University Professor at Harvard Law School.
John Hart Ely was an American legal scholar. He was a professor of law at Yale Law School from 1968 to 1973, Harvard Law School from 1973 to 1982, Stanford Law School from 1982 to 1996, and at the University of Miami Law School from 1996 until his death. From 1982 until 1987, he was the 9th dean of Stanford Law School.
Charles Anthony Fried is an American jurist and lawyer. He served as United States Solicitor General under President Ronald Reagan from 1985 to 1989. He is a retired professor at Harvard Law School and has been a visiting professor at Columbia Law School. He also serves on the board of the nonpartisan group, the Campaign Legal Center.
The American Constitution Society (ACS) is a progressive legal organization. ACS was created as a counterweight to, and is modeled after, the Federalist Society, and is often described as its progressive counterpart.
Charles J. "Chuck" Cooper is an appellate attorney and litigator in Washington, D.C., where he is a founding member and chairman of the law firm Cooper & Kirk, PLLC. He was named by The National Law Journal as one of the 10 best civil litigators in Washington. The New York Times described him as "one of Washington’s best-known lawyers." He has represented prominent American political figures, including Attorney General Jeff Sessions, in response to the alleged Russian interference in the 2016 United States elections; Attorney General John Ashcroft; and former National Security Adviser and United States Ambassador to the United Nations John Bolton.
Mark Victor Tushnet is an American legal scholar. He specializes in constitutional law and theory, including comparative constitutional law, and is currently the William Nelson Cromwell Professor of Law at Harvard Law School. Tushnet is identified with the critical legal studies movement.
The unitary executive theory is a normative theory of United States constitutional law which holds that the President of the United States possesses the power to control the entire federal executive branch. The doctrine is rooted in Article Two of the United States Constitution, which vests "the executive Power" of the United States in the President. Although that general principle is widely accepted among legal scholars, there is disagreement about the strength and scope of the doctrine. In 2008, Steven Calabresi and Christopher Yoo described the unitary executive theory as ensuring "the federal government will execute the law in a consistent manner and in accordance with the president’s wishes." This stands in contrast to other scholarly literature, such as MacKenzie in 2008 and Crouch, Rozell, and Sollenberger in 2020, that stresses the fact that federal employees have to faithfully execute the laws enacted according to the process prescribed in the U.S. Constitution.
Bruce P. Frohnen is a Professor of Law at Ohio Northern University College of Law, where he teaches courses in Public and Constitutional Law, Jurisprudence, and Legal Profession.
Hadley P. Arkes is an American political scientist and the Edward N. Ney Professor of Jurisprudence and American Institutions emeritus at Amherst College, where he has taught since 1966. He is currently the founder and director of the James Wilson Institute on Natural Rights & the American Founding in Washington, D.C.
William Michael Treanor is an American attorney and legal scholar. He is the dean of Georgetown University Law Center, the former dean of Fordham University School of Law, and an expert on constitutional law, having twice been cited in Supreme Court opinions. He continues to teach as a professor. Treanor held several high-profile government positions and he is an advocate of civil service. His teaching and work evidence Treanor's commitment to his philosophy of a complete legal education: "Intellectual excellence, the craft of lawyering, and dedication to public service."
Paul Finkelman is an American legal historian. He is the author or editor of more than 50 books on American legal and constitutional history, slavery, general American history and baseball. In addition, he has authored more than 200 scholarly articles on these and many other subjects. From 2017 - 2022, Finkelman served as the President and Chancellor of Gratz College, Melrose Park, Pennsylvania.
Nicholas Quinn Rosenkranz is an American constitutional law scholar, professor, and Broadway producer. He writes and teaches in the fields of constitutional law, statutory interpretation, and federal jurisdiction. He is the son of billionaire investor and philanthropist Robert Rosenkranz.
David D. Cole is the National Legal Director of the American Civil Liberties Union (ACLU). Before joining the ACLU in July 2016, Cole was the Hon. George J. Mitchell Professor in Law and Public Policy at the Georgetown University Law Center from March 2014 through December 2016. He has published in various legal fields including constitutional law, national security, criminal justice, civil rights, and law and literature. Cole has litigated several significant First Amendment cases in the Supreme Court of the United States, as well a number of influential cases concerning civil rights and national security. He is also a legal correspondent to several mainstream media outlets and publications.
Steven Gow Calabresi is an American legal scholar and the Clayton J. and Henry R. Barber Professor of Law at Northwestern University. He is the co-chairman of the Federalist Society. He is the nephew of Guido Calabresi, a U.S. Appellate judge and former dean of the Yale Law School.
Paul Brest is an American scholar of constitutional law, a former president of the William and Flora Hewlett Foundation, and a former dean of Stanford Law School. He is an influential theorist on the role of non-profit organizations in society, and is widely credited with coining the name originalism to describe a particular approach to interpreting the United States Constitution.
Michael J. Gerhardt is the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law in Chapel Hill. He is also the director of the Center on Law and Government at the University of North Carolina at Chapel Hill and is an expert on constitutional law, separation of powers, and the legislative process. He is a Scholar in Residence at the National Constitution Center and visiting scholar at the University of Pennsylvania Law School. On December 2, 2019, it was announced that Gerhardt would testify before the House Judiciary Committee regarding the constitutional grounds for presidential impeachment in the impeachment inquiry against Donald Trump.
William Patrick Baude is an American legal scholar. He currently serves as a professor of law at the University of Chicago Law School and is the director of its Constitutional Law Institute. He is a scholar of constitutional law and originalism.
Ganesh Sitaraman is an American legal scholar. He is a professor of law at Vanderbilt University, where he has also been a Chancellor Faculty Fellow and the director of the Program in Law and Government. He studies constitutional and foreign relations law.
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