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Rachel Barkow
Born1971 (age 52–53)
NationalityAmerican
Academic background
Alma materHarvard University (JD)
Northwestern University (AB)
Academic work
DisciplineLaw
Sub-disciplineAdministrative law, criminal law
InstitutionsNew York University School of Law
Member of the United States Sentencing Commission
In office
June 2013 – January 2019
Preceded byBeryl A. Howell
Succeeded byJohn Gleeson

Rachel Elise Barkow (née Selinfreund; born 1971)[1] is an American professor of law at the New York University School of Law. She is also faculty director of the Center on the Administration of Criminal Law.[2] Her scholarship focuses on administrative and criminal law, and she is especially interested in applying the lessons and theory of administrative law to the administration of criminal justice. In 2007, Barkow won the Podell Distinguished Teaching Award at NYU.[3] In the fall of 2008, she served as the Beneficial Visiting Professor of Law at Harvard Law School.[3]

Education and clerkships

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In 1993, Barkow graduated from Northwestern University with a Bachelor of Arts in history and psychology and was inducted as a member of Phi Beta Kappa. In 1996, she graduated magna cum laude from Harvard Law School. At Harvard, Barkow won the Sears Prize (awarded to the top two grade point averages in the first year of law school), and served on the Harvard Law Review.[3]

She clerked for Judge Laurence H. Silberman at the U.S. Court of Appeals for the District of Columbia Circuit, and for Justice Antonin Scalia at the U.S. Supreme Court, according to one report serving as the "counter-clerk"—the nickname given to the Democrat he hires to sniff out political biases in his arguments.[4]

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Barkow was an associate at Kellogg, Huber, Hansen, Todd & Evans in Washington, D.C., from 1998–2002, where she focused on telecommunications and administrative law issues in proceedings before the FCC, state regulatory agencies, and federal and state courts. She took a leave from the firm in 2001 to serve as the John M. Olin Fellow in Law at Georgetown University Law Center.[3]

She has published more than 40 articles, essays, and book chapters, and her work has appeared in the country's top law reviews.[3] She has contributed editorials to publications such as the New York Times,[5] Washington Post,[6] Huffington Post,[7] and the Boston Herald.[8]

Public service

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She was a member of the Manhattan District Attorney's Office's Conviction Integrity Policy Advisory Panel from 2010–2021.[9] She has testified before the United States House of Representatives Subcommittee Crime, Terrorism, and Homeland Security on Clemency,;[10] before the Subcommittee on Commerce, Trade, and Consumer Protection regarding the proposed Consumer Financial Protection Agency,;[11] before the Subcommittee on the Constitution, Civil Rights, and Civil Liberties,;[12] and before the United States Senate Judiciary Committee regarding the future of the federal sentencing guidelines in the wake of the Supreme Court's decision in Blakely v. Washington.[13]

On April 15, 2013, President Obama nominated Barkow to serve as a Commissioner on the U.S. Sentencing Commission.[14] According to her NYU Law biography, Barkow served as a Commissioner on the U.S. Sentencing Commission from June 2013 until January 2019,[15] although the U.S. Sentencing Commission website says that she ended her appointment in 2018.[16]

Honors and awards

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She was elected to the American Academy of Arts and Sciences in 2019.[17]

Selected publications

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  • ———; Osler, Mark (2015). "Restructuring Clemency: The Cost of Ignoring Clemency and a Plan for Renewal". University of Chicago Law Review. 82 (1): 1–26. JSTOR 43234686.
  • ——— (2013). "Prosecutorial Administration: Prosecutor Bias and the Department of Justice". Virginia Law Review. 99 (2): 271–342. JSTOR 23528857.
  • ——— (2006). "Separation of Powers and the Criminal Law". Stanford Law Review. 58 (4): 989–1054. JSTOR 40040287.
  • ——— (2005). "Federalism and the Politics of Sentencing". Columbia Law Review. 105 (4): 1276–1314. JSTOR 4099434.
  • ——— (2002). "More Supreme than Court? The Fall of the Political Question Doctrine and the Rise of Judicial Supremacy". Columbia Law Review. 102 (2): 237–336. doi:10.2307/1123824. JSTOR 1123824.

See also

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References

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  1. ^ "Weddings; Rachel Selinfreund, Anthony Barkow". The New York Times. October 3, 1999. Retrieved June 10, 2015.
  2. ^ "Center on the Administration of Criminal Law: Faculty Director". NYU School of Law. Archived from the original on July 2, 2015. Retrieved June 10, 2015.
  3. ^ a b c d e "Faculty, Rachel E. Barkow: Overview". NYU School of Law. Retrieved June 10, 2015.
  4. ^ Schneider-Mayerson, Anna (November 3, 2005). "The Little Supremes". The New York Observer. Archived from the original on October 13, 2008. Retrieved June 10, 2015.
  5. ^ Barkow, Rachel E.; Osler, Mark (July 13, 2021). "Opinion | We Know How to Fix the Clemency Process. So Why Don't We?". The New York Times.
  6. ^ Barkow, Rachel (March 13, 2019). "Prosecutors need to treat police shootings like a threat to public safety". The Washington Post.
  7. ^ "Contributor: Rachel Barkow". Huffington Post. Retrieved June 10, 2015.
  8. ^ Barkow, Rachel E.; Libling, Joshua J. (December 6, 2008). "Sentencing laws needn't drain us". Boston Herald. Archived from the original on July 8, 2011. Retrieved June 10, 2015.
  9. ^ "District Attorney Vance Announces Conviction Integrity Program". Manhattan District Attorney's Office. March 4, 2010. Archived from the original on April 19, 2011. Retrieved April 12, 2010.
  10. ^ "House Judiciary Subcommittee Oversight Hearing on Presidential Clemency Power". C-SPAN. May 19, 2022.
  11. ^ "Statement of Rachel E. Barkow : The Proposed Consumer Financial Protection Agency: Implications for Consumers and the FTC Before the House Subcommittee on Commerce, Trade, and Consumer Protection" (PDF). Committee on Energy and Commerce. July 8, 2009. Archived from the original (PDF) on August 13, 2009. Retrieved March 3, 2020.
  12. ^ "Presidential Clemency and Opportunities for Reform". U.S. House of Representatives Judiciary Committee. February 27, 2020. Archived from the original on November 14, 2020.
  13. ^ "Testimony of Professor Rachel Barkow". Senate Committee on the Judiciary. July 13, 2004. Archived from the original on September 21, 2008. Retrieved December 22, 2008.
  14. ^ "President Obama Announces More Key Administration Posts". whitehouse.gov. April 15, 2013. Retrieved June 10, 2015 – via National Archives.
  15. ^ "Rachel E. Barkow - Biography". NYU School of Law. Retrieved December 13, 2021.
  16. ^ "Former Commissioner Information". United States Sentencing Commission. October 28, 2013. Retrieved December 13, 2021.
  17. ^ "2019 Fellows and International Honorary Members with their affiliations at the time of election". American Academy of Arts and Sciences. Archived from the original on March 2, 2020. Retrieved March 3, 2020.
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