Brenner M. Fissell

Professor of Law

Biography

Brenner M. Fissell is professor of law (with tenure) at Villanova Law. For the 2024-2025 academic year, he is also the Class of 1964 fellow at the United States Naval Academy's Stockdale Center for Ethical Leadership, as well as the chair of faculty appointments at Villanova Law.

Fissell's research focuses on the political theory of criminal law, especially as it relates to the criminal law of local governments and the misdemeanor criminal legal system. A secondary research interest is military criminal law. Fissell's scholarship has appeared in general law reviews such as the Minnesota Law Review, as well as peer-reviewed journals such as Legal Theory.

Fissell is co-editor of Criminal Law & Criminal Justice Books – the only journal devoted to publishing book reviews of recent monographs in criminal law – and co-convener of the NYC Criminal Law Colloquium (the Markelloquium!).

Fissell's primary practice experience is in military justice. He first entered the legal academy in 2018 from the U.S. Dept. of Defense, where he was appellate defense counsel at the Guantanamo Bay Military Commissions. In this capacity, he served as a consultant on legal strategy and appellate issues to the defense teams representing detainees charged with war crimes. Prior to that he served as a law clerk to Chief Judge Scott Stucky of the U.S. Court of Appeals for the Armed Forces—the nation's highest military court. Fissell remains active in reform efforts and pro bono consultation relating to the military justice system. He is Vice-President of the National Institute for Military Justice, a learned society dedicated to the fair administration of justice in the armed forces and improved public understanding of military justice. Fissell continues to actively represent military service members in military and federal courts. 

Practice Experience

• Of Counsel, Cave & Freeburg, A Global Military Law Practice (current)
• Appellate Defense Counsel, Office of the Chief Defense Counsel, Guantanamo Bay Military Commissions, U.S. Dept. of Defense (2017-2018)
• Associate, Paul Hastings LLP (2015-2017)
• Law Clerk, Chief Judge Scott Stucky, U.S. Court of Appeals for the Armed Forces (2014-2015)
• Law Clerk, Judge Jerome Farris, U.S. Court of Appeals for the Ninth Circuit (2013-2014)

Recent Publications