Rachel Elise Barkow (
née
The birth name is the name of the person given upon their birth. The term may be applied to the surname, the given name or to the entire name. Where births are required to be officially registered, the entire name entered onto a births registe ...
Selinfreund; born 1971) is an American professor of law at the
New York University School of Law
The New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City.
Established in 1835, it was the first law school established in New York City and is the oldest survivin ...
. She is also faculty director of the
Center on the Administration of Criminal Law. Her scholarship focuses on
administrative and
criminal law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
, 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.
In the fall of 2008, she served as the Beneficial Visiting Professor of Law at Harvard Law School.
In 2025, Barkow released a book titled ''Justice Abandoned'' which highlights six
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
decisions that paved the way for
mass incarceration in the United States.
Education and clerkships
In 1993, Barkow graduated from
Northwestern University
Northwestern University (NU) is a Private university, private research university in Evanston, Illinois, United States. Established in 1851 to serve the historic Northwest Territory, it is the oldest University charter, chartered university in ...
with a
Bachelor of Arts
A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
in
history
History is the systematic study of the past, focusing primarily on the Human history, human past. As an academic discipline, it analyses and interprets evidence to construct narratives about what happened and explain why it happened. Some t ...
and
psychology
Psychology is the scientific study of mind and behavior. Its subject matter includes the behavior of humans and nonhumans, both consciousness, conscious and Unconscious mind, unconscious phenomena, and mental processes such as thoughts, feel ...
and was inducted as a member of
Phi Beta Kappa
The Phi Beta Kappa Society () is the oldest academic honor society in the United States. It was founded in 1776 at the College of William & Mary in Virginia. Phi Beta Kappa aims to promote and advocate excellence in the liberal arts and sciences, ...
. In 1996, she graduated magna cum laude from
Harvard Law School
Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
. 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
The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of ...
''.
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
Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual an ...
at the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
, 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.
Legal career
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
Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...
.
She has published more than 40 articles, essays, and book chapters, and her work has appeared in the country's top law reviews.
She has contributed editorials to publications such as the ''
New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'', ''
Washington Post
''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'', ''
Huffington Post
''HuffPost'' (''The Huffington Post'' until 2017, itself often abbreviated as ''HPo'') is an American progressive news website, with localized and international editions. The site offers news, satire, blogs, and original content, and covers ...
'', and the ''
Boston Herald
The ''Boston Herald'' is an American conservative daily newspaper whose primary market is Boston, Massachusetts, and its surrounding area. It was founded in 1846 and is one of the oldest daily newspapers in the United States. It has been awarde ...
''.
Public service
She was a member of the Manhattan District Attorney's Office's Conviction Integrity Policy Advisory Panel from 2010–2021. She has testified before the United States House of Representatives Subcommittee Crime, Terrorism, and Homeland Security on Clemency,; before the Subcommittee on Commerce, Trade, and Consumer Protection regarding the proposed Consumer Financial Protection Agency,; before the Subcommittee on the Constitution, Civil Rights, and Civil Liberties,; 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''.
On April 15, 2013, President Obama nominated Barkow to serve as a Commissioner on the U.S. Sentencing Commission. According to her NYU Law biography, Barkow served as a Commissioner on the U.S. Sentencing Commission from June 2013 until January 2019, although the U.S. Sentencing Commission website says that she ended her appointment in 2018.
Honors and awards
She was elected to the American Academy of Arts and Sciences in 2019.
Selected publications
*
*
*
*
*
See also
*
List of law clerks of the Supreme Court of the United States (Seat 9)
References
External links
Profile at New York University
{{DEFAULTSORT:Barkow, Rachel
1971 births
Living people
American women academics
Harvard Law School alumni
Law clerks of the Supreme Court of the United States
Members of the United States Sentencing Commission
New York University faculty
New York University School of Law faculty
Northwestern University alumni
American women legal scholars
American legal scholars
21st-century American women