Brenner M. Fissell

Professor of Law

Biography

Brenner M. Fissell is professor of law (with tenure) at Villanova Law. He is concurrently distinguished senior fellow at the University of Pennsylvania's Center for Ethics & the Rule of Law. At Villanova University, he is chair of the University-wide Faculty Rights & Responsibilities Committee, serving as one of the University's four primary leaders in faculty governance. 

Fissell's research focuses on criminal law, especially as it relates to the criminal law of local governments, as well as national security & military law. Fissell's scholarship has appeared in general law reviews such as the Vanderbilt Law Review and the Minnesota Law Review, as well as peer-reviewed journals such as Legal Theory. Fissell is co-convener of the long-running NYC Criminal Law Colloquium (the Markelloquium!).

Fissell's primary practice experience is in military justice. He first entered the legal academy from the U.S. Dept. of Defense, where he was appellate defense counsel at the Guantanamo Bay Military Commissions. 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, and regularly advises members of the Senate Armed Services Committee on proposed military legislation. 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 servicemembers in military and federal courts. Recent litigation victories include Hansen v. United States, 2026 WL 2198984 (D.D.C. 2026) and Garcia v. Kendall, 2024 WL 5107231 (D. Md. 2024).

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