After graduating from Stanford Law School, where he was Senior Article Editor of the Stanford Law Review, Professor Mikhail joined the law firm of Simpson, Thacher & Bartlett. He then served as a judicial clerk to Judge Rosemary Barkett on the U.S. Court of Appeals for the Eleventh Circuit.

Professor Mikhail’s research and teaching are focused on constitutional law, criminal law, torts, human rights, jurisprudence, moral and legal philosophy, legal history, and cognitive science. Before attending law school, he received his Ph.D. in Philosophy from Cornell University and was a Lecturer and Research Affiliate in the Department of Brain and Cognitive Sciences at M.I.T. He is the author of Elements of Moral Cognition: Rawls’ Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2011; paperback edition, 2013). He also has published articles in a wide range of academic journals, including Stanford Law Review, Virginia Law Review, Georgetown Law Journal, Law and History Review, Constitutional Commentary, Jerusalem Review of Legal Studies, Ethics, Trends in Cognitive Sciences, Journal of Experimental Psychology, Cognitive Science,and Psychology of Learning and Motivation.

Professor Mikhail has been a Visiting Scholar at Stanford Law School, a Visiting Junior Scholar at the Peter Wall Institute for Advanced Studies, a Teaching Fellow at the John F. Kennedy School of Government, and a Visiting Professor at the University of Zurich. His research has been featured in The Washington Post, The National Law Journal, Science, Der Spiegel, Boston Review, Prospect Magazine, Discover Magazine, and other popular media. He delivered the Rousseau Lectures at the University of Zurich in 2017, the Seegers Lecture at Valparaiso University in 2018, and a Plenary Lecture at the IVR World Congress in 2019. From 2017 to 2020, he served as Associate Dean for Research and Academic Programs. Previously, he served as Associate Dean for International and Transnational Programs.

Visit Professor Mikhail’s home page.


Forthcoming Works - Journal Articles & Working Papers

Kevin P. Tobia & John Mikhail, Empirical Textualism and Philosophical Textualism, Brook. L. Rev. (forthcoming).

Contributions to Law Reviews and Other Scholarly Journals

John Mikhail, Fixing Implied Constitutional Powers in the Founding Era, 34 Const. Comment. 507-517 (2019) (reviewing Jonathan Gienapp, The Second Creation: Fixing the American Constitution in the Founding Era (2018)).
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John Mikhail, Is the Constitution a Power of Attorney or a Corporate Charter? A Commentary on “A Great Power of Attorney”: Understanding the Fiduciary Constitution by Gary Lawson and Guy Seidman, 17 Geo. J.L. & Pub. Pol’y 407-440 (2019) (reviewing Gary Lawson & Guy Seidman, “A Great Power of Attorney”: Understanding the Fiduciary Constitution (2017)).
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John Mikhail, James Wilson, Early American Land Companies, and the Original Meaning of “Ex Post Facto Laws”, 17 Geo. J.L. & Pub. Pol’y 79-146 (2019).
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U.S. Supreme Court Briefs

Brief of Amicus Curiae 290 Criminal Law and Mental Health Law Professors in Support of Petitioner's Request for Reversal and Remand, Kahler v. Kansas, No. 18-6135 (U.S. June 6, 2019).
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