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Barbara Fried

Barbara H. Fried is an American legal scholar serving as the William W. and Gertrude H. Saunders Professor Emerita of at . Her academic work centers on the intersections of , , and , with particular emphasis on , , property , and political . Fried has authored influential scholarship, including the book The Progressive Assault on Laissez Faire: Robert Hale and the First and Movement, a path-breaking intellectual biography of legal realist Robert Hale published by . She joined Stanford in 1987 after practicing as an associate at the New York firm and has taught courses such as contracts, , modern American legal thought, and seminars on and . A three-time recipient of Stanford Law School's John Bingham Hurlbut Award for Excellence in Teaching, Fried's pedagogical contributions include leading the Legal Studies Workshop. Beyond academia, she co-founded , a Silicon Valley-based donor network that facilitated substantial contributions to Democratic candidates and progressive causes, amassing influence through a roster of over 2,500 donors. Fried is the mother of , the founder of the cryptocurrency exchange , whose 2022 bankruptcy and 2023 conviction for wire fraud and involved the misappropriation of billions in customer funds. Post- collapse, Fried and her husband, fellow Stanford professor , faced lawsuits from the reorganized entity seeking recovery of millions in allegedly ill-gotten gains, including political donations exceeding $100 million directed through family advice and entities like , which received $1 million from . Prosecutors highlighted these contributions as part of a broader scheme using stolen assets for political influence, though Fried has not been criminally charged. These events elevated scrutiny on her role in channeling tech-sector funds toward left-leaning advocacy, amid questions of donor intent and fund origins.

Early Life and Education

Childhood and Family Background

Barbara Fried was raised in . Her mother, Adrienne Fried Block (1921–2009), was a musicologist known for her work on American women composers, including ; she earned a in music from in 1958 while raising two young daughters, followed by an M.A. from Hunter in 1967 and a Ph.D. in musicology from the in 1979. Block's academic career emphasized recovering the contributions of female musicians, as detailed in her 1980 book Amy Beach, Passionate Victorian. Fried's upbringing occurred in this scholarly milieu, though specific details about her father or siblings remain undocumented in public records. The family maintained Jewish cultural ties, consistent with broader ancestral patterns.

Academic Training

Barbara Fried earned an A.B. in English and , magna cum laude, from in 1977. She continued her studies at , obtaining an M.A. in English and in 1980. Fried then pursued at , where she received a J.D. magna cum laude in 1983. This sequence of degrees reflects her initial focus on literary studies before transitioning to , providing the foundational training for her subsequent career at the intersection of legal theory, philosophy, and economics.

Academic Career

Positions at Stanford Law School

Barbara Fried joined the Stanford Law School faculty in 1987 as an assistant professor of , following a brief period as an associate at the firm . In 1993, she was promoted to full professor of and appointed Deane Johnson Faculty Scholar, a position she held until 2003. That year, she received an endowed chair as the William W. and Gertrude H. Saunders Professor of , recognizing her contributions to legal theory, , and related fields at the intersection of , , and . Fried held this professorship for nearly two decades, during which she taught courses on contracts, property, taxation, and ethical theory, and twice served as a visiting at School of Law. She retired from teaching in 2022, transitioning to emerita status, which conferred no regular duties but allowed continued affiliation with the institution. As of her emeritus appointment, Fried remained listed among Stanford Law School's emeriti faculty, maintaining her scholarly profile in areas such as and moral philosophy.

Research Contributions and Philosophical Views

Barbara H. Fried's research primarily explores the intersections of , , and moral philosophy, with a focus on as applied to , property theory, and political obligations. Her work challenges traditional assumptions in these fields, often drawing on historical legal thought to critique contemporary doctrines. For instance, in her 1998 book The Progressive Assault on Laissez Faire: Robert Hale and the First Movement, Fried provides an intellectual biography of Robert Hale, a key figure in early 20th-century , arguing that Hale's analysis anticipated modern by emphasizing the coercive role of property rights in distributional outcomes rather than viewing markets as neutral. This text revives Hale's contributions, portraying not merely as jurisprudential skepticism but as a substantive critique of ideology through economic reasoning. Fried has critiqued foundational moral theories, particularly nonconsequentialist approaches that marginalize under . In her 2019 article "Facing Up to " published in the Journal of Legal Analysis, she traces the historical exclusion of from mainstream moral philosophy since the , attributing it to a preference for deontological principles over empirical evaluation of outcomes, and connects this oversight to legal doctrines in contracts and torts that undervalue future harms. She argues that , exemplified by Hale, better integrates risk by prioritizing causal impacts over abstract rights. Philosophically, Fried advocates moving beyond blame-based frameworks in both and , as outlined in her 2013 Boston Review essay "Beyond Blame," where she contends that an overemphasis on personal responsibility obscures systemic factors in moral and legal accountability, favoring instead outcome-oriented evaluations akin to . In taxation scholarship, Fried has examined proportionality and uniformity as principles of justice. Her 2003 article "Proportionate Taxation as a Fair Division of the Social Surplus: The Strange Career of an Idea" in Economics and Philosophy dissects libertarian defenses of flat taxes, rejecting them as failing to equitably allocate the benefits and burdens of collective goods, and traces the idea's inconsistent application in . She opposes uniform taxation solely on justice grounds, asserting in related works that it ignores differential capacities to contribute to social surplus without compensatory mechanisms. Fried's analyses of , such as in her 2016 SSRN paper "Can Contractualism Be Saved?", question T.M. Scanlon's framework for accommodating utilitarian concerns like , suggesting it struggles with aggregating individual reasons under uncertainty. Overall, her views align with legal 's empirical , prioritizing causal in distributional ethics over formalist or deontological constraints.

Teaching and Retirement

Barbara Fried joined the faculty of in 1987 as a tenure-track professor following a stint as an associate attorney at the firm . She held the position of William W. and Gertrude H. Saunders Professor of , specializing in areas at the intersection of , , and . Throughout her tenure, Fried taught a range of courses including contracts, federal income taxation, legal theory, tax policy, , property, , and modern American legal thought. She regularly offered the Legal Studies Workshop, an interdisciplinary seminar for law students exploring socio-legal topics. In recognition of her instructional contributions, Fried received the John Bingham Hurlbut Award for Excellence in in 2006. Fried retired from teaching in September 2022, a decision she described as long-planned and unrelated to contemporaneous events involving her family. She holds emerita status at .

Political Activism and Donations

Founding of Mind the Gap

Barbara Fried co-founded in mid-2018 alongside Brest, a professor emeritus and former president of the William and Flora Hewlett Foundation, and Graham Gottlieb. The initiative emerged in response to perceived disparities in political spending following the 2010 Citizens United decision, which enabled unlimited super contributions, aiming to mobilize donors previously disengaged from electoral politics. Mind the Gap operates primarily as a donor advisory network rather than a traditional super PAC, providing data-driven recommendations to high-net-worth individuals on targeted contributions to Democratic-aligned candidates, committees, and causes to enhance electoral competitiveness. Fried, leveraging her expertise in legal and ethical frameworks from her Stanford career, emphasized strategic allocation over broad giving, with the group directing funds to races where incremental dollars could sway outcomes. By late 2018, it had assembled a network exceeding 800 donors, facilitating millions in contributions during the midterm cycle. The founding reflected Fried's shift toward applied political engagement, building on her academic focus on to address what she viewed as underinvestment by tech-sector philanthropists in Democratic . While not formally registered as a until later filings, Mind the Gap's super arm (FEC ID C00683649) enabled independent expenditures, though its core function remained advisory to bridge gaps with counterparts.

Personal and Directed Political Contributions

Barbara Fried has made modest personal contributions to Democratic candidates. Federal Election Commission records show she donated $1,000 to , a Democratic congressional candidate in , on August 24, 2017. She also contributed $1,000 to Ted Strickland's Democratic campaign in on June 15, 2016. These direct gifts reflect her support for Democratic causes but are limited in scale compared to her advisory role in larger-scale giving. In her capacity as co-founder of the pro-Democratic donor network , Fried has directed pooled contributions from donors toward strategic Democratic campaigns, focusing on competitive congressional races to influence House control. The group, which she helped establish around 2017, coordinates funding to super PACs and candidates, emphasizing data-driven targeting of winnable seats; for instance, it supported efforts to flip Republican-held districts in the 2018 midterms. Mind the Gap's activities have channeled millions from high-net-worth individuals into Democratic priorities, though exact allocations directed by Fried personally are not publicly itemized due to the network's structure. Fried also advised her son, , on allocating his substantial political donations, which totaled around $40 million ahead of the 2022 midterms, primarily to Democratic-aligned groups and candidates. Emails reviewed in reveal her directing specific transfers, such as a request for $92,000 from Bankman-Fried's associates to fund activities. Journal reporting indicates she, along with family members, guided portions of over $100 million in family-influenced donations to politicians, including recommendations on recipients and tax considerations. FTX bankruptcy filings allege her central role in these decisions, claiming she shaped Bankman-Fried's giving strategy to advance Democratic objectives, though she has denied involvement in any unlawful activities.

Strategic Advising on Campaigns

Barbara Fried provided strategic guidance to Democratic donors and campaigns primarily through her leadership of Mind the Gap, a Silicon Valley-based donor advisory network she founded in 2018. The group, comprising over 2,500 donors, utilized data-driven models from firms like Civis Analytics to recommend contributions that maximized electoral impact, focusing on underfunded races where Democratic victories were feasible but not over-resourced. Mind the Gap emphasized late-cycle, synchronized donations to overwhelm Republican counter-funding, routing over $20 million to Democratic candidates and groups in the 2018 and 2020 cycles. In practice, Fried's advising targeted specific congressional races, such as those of in and in during the 2018 midterms, where the group directed at least $500,000 per candidate, contributing to 10 wins out of 20 targeted seats. The strategy prioritized evidence-based allocation over donor preferences, advising against contributions to heavily favored or hopeless races to avoid inefficiencies. Fried operated the network pro bono from her Stanford position, maintaining its secrecy to evade monitoring and fundraising responses. A notable example of her strategic input occurred in late , when Fried authored a urging donors to allocate 90% of 2020 election funds to the Voter Registration Project (operating as Everybody Votes), a 501(c)(3) , asserting it was 4 to 10 times more cost-effective at generating net Democratic votes than direct campaign donations. The highlighted the 's targeting of demographics likely to favor Democrats while stressing operational secrecy to prevent scrutiny. Consequently, the organization raised $190 million, including $5 million from the Sherwood (linked to ) and $10.4 million from a Soros . Critics, such as the , have contended that this approach effectively funneled partisan benefits through a tax-exempt entity barred from electoral , though the claimed non-partisan operations. Fried also extended advising to family-directed political spending, recommending targets for her son Sam Bankman-Fried's contributions exceeding $100 million to Democratic causes and PACs in 2022, focusing on congressional races and advocacy groups aligned with principles. This included guidance on structuring donations to super PACs and nonprofits, amid later allegations of irregularities. Her involvement drew attention during FTX-related probes, where prosecutors noted Mind the Gap's reliance on potentially unreported funds, though no charges have been filed against her.

Involvement in FTX and Sam Bankman-Fried Controversies

Family Ties and Financial Benefits

Barbara Fried is the mother of , the founder of the cryptocurrency exchange , and is married to , a professor and Sam Bankman-Fried's father. The couple resided in , and both held academic positions at Stanford, where they maintained close involvement in their son's professional endeavors, including providing legal and strategic advice on FTX operations. Fried's philosophical background in utilitarian ethics influenced family discussions on , a framework that underpinned Sam Bankman-Fried's business and philanthropic strategies. In the wake of 's 2022 collapse, the company's estate alleged that Fried and her husband benefited financially from transfers originating from customer funds misused by . Specifically, in 2022, gifted the couple $10 million in cash, which the lawsuit claimed was derived from assets despite the parents' purported awareness of the exchange's precarious finances. Additionally, they received title to a $16.4 million luxury residential property in Old Fort Bay, —near 's headquarters—purchased with $16.4 million transferred from an affiliate account on November 12, 2022, shortly after liquidity issues surfaced. Other alleged perks included stays in $1,200-per-night suites and a paid in a advertisement featuring branding. The September 2023 lawsuit by Digital Markets Ltd. sought to claw back over $100 million in total transfers to the parents, asserting that Fried and Bankman had exploited family influence to extract personal gains while advising on regulatory and tax matters for and Alameda. Fried's role in directing political donations through her organization was cited as evidence of her active participation in channeling -linked funds to Democratic causes, potentially complicating the legitimacy of the transfers. However, in March 2025, dismissed the claims against Fried without prejudice as part of a or strategic decision amid ongoing proceedings, though the retained rights to refile. Fried has maintained that the gifts were legitimate compensation for prior unpaid consulting work provided to her son.

Alleged Role in Obscuring Donations

In September 2023, the bankruptcy estate initiated a civil against Barbara Fried and her husband in federal court, seeking to recover over $26 million in allegedly misappropriated funds, including claims that Fried advised on strategies to obscure the origins of political donations sourced from and customer deposits. The filing asserts that Fried, as Sam Bankman-Fried's primary political advisor, coached him and FTX engineering director Nishad Singh to circumvent disclosure rules by employing straw donors and falsifying contributor identities. A key example cited involves an April 2021 $1 million contribution to Fried's nonprofit political action group, , which originated from Alameda Research funds; the suit alleges Fried directed this to be routed through to mask Bankman-Fried's involvement, emailing: “We’d have a slight preference for that on our end, now that my connection to is publicly known... We don’t want to create the impression that funding MTG is a .” Fried reportedly encouraged similar tactics, such as attributing donations to or Alameda CEO , to evade limits on individual contributions and public scrutiny of Bankman-Fried's role in the 2022 midterm election cycle, where FTX-linked entities funneled over $100 million to Democratic causes. The lawsuit portrays these actions as knowing assistance in breaches, with Fried leveraging her expertise in political —through , which mobilized 2,500 donors for candidates—while ignoring indicators that the funds were illicitly obtained from FTX customers. No criminal charges have resulted from these specific allegations against Fried, who has publicly defended her son amid his separate federal fraud conviction but has not directly addressed the donation-obscuring claims in available statements. The suit remains ongoing as part of FTX's broader efforts. On September 19, 2023, the official liquidators of the bankrupt FTX estate filed a civil lawsuit in the U.S. Bankruptcy Court for the District of Delaware against Barbara Fried and her husband, Joseph Bankman, seeking to recover approximately $26 million in alleged misappropriated funds transferred from FTX and its affiliate Alameda Research. The complaint specifically targeted a $10 million cash gift originating from Alameda funds, provided to the couple in late 2022, and a $16.4 million luxury residential property in the Bahamas conveyed by FTX Trading Ltd., asserting these transfers constituted fraudulent conveyances under bankruptcy law since they occurred when the companies were insolvent and benefited insiders. The suit further alleged that Fried and Bankman leveraged their parental influence over to facilitate these transfers, including discussions documented in correspondence about routing funds through political donations and personal enrichments, though it did not assert direct control over company operations. No criminal charges were filed against Fried in connection with these matters, distinguishing the action as a bankruptcy clawback effort rather than prosecutorial pursuit. In response, on , 2024, Fried and Bankman filed a motion to dismiss the complaint, contending they were not "insiders" under statutes with the ability to direct corporate payments and that the transfers represented legitimate gifts from their son rather than recoverable fraudulent conveyances. Fried separately denied any role in directing FTX political donations to her advocacy group, , stating she lacked knowledge of the funding sources for such contributions. As of October 2025, the case remains unresolved, with FTX's restructuring plan approved in late 2024 enabling continued pursuit of clawbacks amid creditor repayments exceeding initial claims, though specific outcomes for the parents' suit are pending judicial ruling.

Public Defenses and Recent Claims

In November 2022, amid the collapse, Barbara Fried published an essay critiquing the emphasis on personal blame in public discourse, arguing that it has undermined effective responses to systemic issues in , , and beyond. She contended that "the philosophy of personal responsibility has ruined and " by prioritizing fault-finding over solutions, stating, "Fixing problems is costly. But as we have learned from the past 40 years, so is not fixing them. In the long run, most of us stand to gain by changing the discourse from blame-mongering to problem-solving." This perspective implicitly questioned the rush to hold individuals accountable for the crisis, which her son had founded and led. In October 2025, Fried issued a 64-page report defending her son's actions, asserting that maintained solvency "with billions to spare" in excess liquidity prior to its November 2022 downfall. She attributed the exchange's rapid failure to a customer ignited by misinformation campaigns from rivals, notably , rather than internal mismanagement or , and portrayed Bankman-Fried as prioritizing customer recovery by relinquishing control despite the risks. These assertions diverge from the evidence presented in Bankman-Fried's 2023 federal trial, where he was convicted on seven counts of and conspiracy for diverting over $8 billion in customer deposits to his for undisclosed ventures, political donations, and luxury expenditures. Fried has maintained that external narratives, including those amplified during the bankruptcy proceedings, exaggerated her family's involvement in FTX's operations, emphasizing in discussions that observers should not uncritically accept parental accounts without scrutiny. Her defenses align with broader efforts by Bankman-Fried's supporters to challenge the severity of his 25-year imposed in March 2024, which he and his advocates have described as based on a "false " given the near-full of customer funds through distributions.

Personal Life

Marriage and Immediate Family

Barbara Fried has maintained a long-term with , a professor specializing in and , since meeting him in 1988 while both were faculty members at the university. The couple elected not to legally marry, in deference to gay friends and colleagues denied the right to wed prior to the legalization of . Fried and Bankman have two sons: Samuel Benjamin Bankman-Fried (born March 1992), founder of the cryptocurrency exchange , and Gabriel Bankman-Fried, an effective altruist and software developer. The family resided in a modest campus-adjacent home in , emphasizing public schooling and intellectual pursuits over material displays.

Children and Their Careers

Barbara Fried and her husband, , have two sons: Samuel Bankman-Fried and Gabriel Bankman-Fried. Samuel Bankman-Fried graduated from the with degrees in physics and mathematics. After college, he worked as a quantitative trader at Jane Street Group, a firm. In 2017, he founded , a cryptocurrency trading firm, and in 2019 launched , a major that grew rapidly before filing for bankruptcy in November 2022 amid allegations of customer fund misuse. Bankman-Fried was convicted in November 2023 on seven counts including wire fraud and , and sentenced to 25 years in federal prison in March 2024. Gabriel Bankman-Fried, the younger son, graduated from in 2017. He initially worked at , following a path similar to his brother's early career. From 2019 to 2021, he served as a legislative correspondent for U.S. Representative (D-IL), handling constituent correspondence and policy research. In 2020, he co-founded Guarding Against Pandemics, a nonprofit aimed at strengthening global preparedness for biological pandemics through policy and funding initiatives; he resigned from the organization in November 2022 shortly after FTX's collapse.

Published Works

Scholarly Articles and Books

Barbara H. Fried, a professor emerita at , has produced scholarship primarily at the intersection of legal theory, , with a focus on , nonconsequentialist ethics, and the historical development of movements. Her work critiques foundational assumptions in moral and legal philosophy, particularly how nonconsequentialist frameworks handle scarcity and risk, and traces intellectual histories challenging economics. Fried's first major book, The Progressive Assault on Laissez Faire: Robert Hale and the First Movement (Harvard University Press, 1998), examines the contributions of legal realist Robert Hale to early 20th-century critiques of classical . The monograph argues that Hale's analysis of power imbalances in market transactions anticipated modern by integrating with economic reasoning, predating the Chicago School's dominance. It draws on archival sources to highlight Hale's influence on progressive reforms, positioning him as a precursor to postwar . In 2020, Fried published Facing Up to Scarcity: The Logic and Limits of Nonconsequentialist Thought (), a collection of essays refining her critiques of deontological moral theories such as and Rawlsianism. The book contends that these frameworks struggle to reconcile prohibitions on intentional harm with the inevitability of scarcity-driven trade-offs, using examples like the to illustrate logical inconsistencies in nonconsequentialist reasoning. Fried employs first-principles analysis to argue for a more pragmatic integration of consequentialist elements, without fully abandoning deontological intuitions. Among her articles, "Facing Up to Risk" (Journal of Legal Analysis, 2019) extends these themes to risk allocation in tort law and , questioning how nonconsequentialist principles fare against empirical data on and probabilistic harm. Earlier, "Begging the Question with Style: at Thirty Years" (Social Philosophy and Policy, 2005) critiques Robert Nozick's libertarian arguments, asserting that they presuppose contested empirical claims about entitlement without sufficient causal grounding. Fried's scholarship from the and , including pieces on taxation and equity, laid groundwork for her later philosophical turn, emphasizing empirical distributive outcomes over abstract ideals. These works have been cited in debates on moral philosophy and , though Fried has noted limitations in overly stylized hypotheticals like trolley dilemmas for real-world policy.

Short Stories and Other Writings

Barbara Fried began publishing and in the early , alongside her primary career in legal academia. Her short stories, often exploring personal and familial themes, have appeared in literary journals such as Subtropics, Guernica, Bellevue Literary Review, Los Angeles Review, and Word Riot. Several of her works received awards or nominations, including finalist placements and selections in anthologies. Notable short stories include:
  • "The Half-Life of Nat Glickstein", published in (Issue 15, Winter ), selected as a Distinguished Story in 2014.
  • "It Goes Without Saying", published in Bellevue Literary Review ( ), a finalist in the journal's 2013 Contest and a nominee.
  • "After Henry", published in Review ( ), winner of the 2016 LAR Flash Award.
  • "What Remains", included in the Fish Anthology (2017), winner of Fish Publishing's 2017 International Short Memoir Contest.
  • "Really", published in Word Riot.
  • "A Song of Longing" and "Elegy for Daniel", both in (April 15, 2012).
  • "What Makes That a Joke?", published in Communion (Issue 1, 2014).
Fried has also published a handful of poems, including "The Days are Gods", "A Note to ", and "The History of Ideas", available on her personal website. Other works, such as "House of Pies" (semifinalist in New Millennium's 2011 Fiction Contest) and "A Betting Man" (top 25 in Glimmer Train's 2014 Very Short Fiction Contest), remain unpublished in full but earned contest recognition. As of the mid-2010s, she was developing a , though no publication details are available.

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