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Keith Werhan

Ashton Phelps Chair of Constitutional Law
BBA, magna cum laude, 1972, University of Notre Dame; JD, 1975, George Washington University

E-mail:  kwerhan@tulane.edu
Telephone: 504.862.8796
Office:  Weinmann Hall, Room 359-F


Keith Werhan specializes in constitutional law, particularly the First Amendment, and in administrative law. His courses have long been popular with students. Graduating classes chose him to receive the Felix Frankfurter Distinguished Teaching Award, Tulane Law School’s highest teaching honor, in 1995, 2006 and 2012. He also was Professor of the Year in 1982-83 at Western New England College of Law.

Early in his career, Werhan practiced at Winston & Strawn in Washington, D.C., then handled civil litigation at the U.S. Justice Department for four years. He joined Tulane Law School in 1989 and served as Vice Dean in 1995-98.
Werhan has written about administrative law, federal jurisdiction and the Constitution, including the speech and religion clauses. His most recent article, “Regulatory federalism, shaken not stirred,” analyzes the U.S. Supreme Court’s 2013 rulings on Arizona’s immigration restrictions and on the Affordable Care Act.

Werhan is the author of Freedom of Speech (Praeger Press, 2004) and Principles of Administrative Law (Thomson/West 2007). His latest book, comparing the U.S. Constitution and classical Athenian democracy, is under contract with Oxford University Press.

Professor Werhan's CV

Fall 2016 - Federal Courts
Spring 2017 - Administrative Law

View publications by clicking the categories.
Articles Book Review Books


"Popular Constitutionalism, Ancient and Modern," 46 UC Davis Law Review ___(forthcoming, 2012)

"Separation of Powers," in The Oxford International Encyclopedia of Legal History, v. 5, pp. 215-21, Stanley N. Katz, editor-in-chief (Oxford University Press, 2009)

Rethinking Freedom of the Press After 9/11, 82 Tulane L. Rev. 1561 (2008).  Reprinted in THE FIRST AMENDMENT LAW HANDBOOK, 2008-09, pp. 67-109 (Rodney A. Smolla, ed., Thomson Reuters West, 2008).

The Classical Athenian Ancestry of American Freedom of Speech, 2008 SUPREME COURT REVIEW 293-347.
Athens and America: Constitution Making as an Act of Democratic Justice, in Justice in Particular: Festschrift in Honour of Professor P.J. Kozyris, pp. 521-54, Ant. N. Sakkoulas Publishers, Athens, 2007.
Navigating the New Neutrality:  School Vouchers, the Pledge, and the Limits of a Purposive Establishment Clause, 41 BRANDEIS L. J. 603 (2003) [This article was an invited submission for a First Amendment Discussion Forum, co-sponsored by Vanderbilt University, Washington and Lee University, and the University of Louisville.  All papers submitted for the Forum were published collectively in the Brandeis Law Journal.]
The Tie That Binds: Constitutional Law and Culture, Obscenity and Child Pornography, 100 SOUTH ATLANTIC QUARTERLY 895 (2001) (THE SOUTH ATLANTIC QUARTERLY is a journal published by Duke University Press. This article appears as a part of a symposium on Law and Culture.) (2001)
Checking Congress and Balancing Federalism: A Lesson from Separation-of-Powers Jurisprudence, 57 WASH. & LEE. L. REV. 1213 (2000)
Delegalizing Administrative Law, 1996 U. ILL. L. REV. 423 (1996)
Normalizing the Separation of Powers, 70 TUL. L. REV. 2681 (1996)
The Liberalization of Freedom of Speech on a Conservative Court, 80 IOWA L. REV. 51 (1994)
The Neoclassical Revival in Administrative Law, 44 ADMIN. L. REV. 567 (1992); reprinted in AN ADMINISTRATIVE LAW ANTHOLOGY (Tom Sargentich ed., Anderson Publishing 1994) (edited version)
Federalism and Separation of Powers on a "Conservative” Court: Currents and Cross Currents from Justices O'Connor and Scalia (with M. D. Gelfand), 64 TUL. L. REV. 1443 (1990)
Toward an Eclectic Approach to Separation of Powers: Morrison v. Olson Considered, 16 HASTINGS CONST. L. Q. 393 (1989)
The O'Briening of Free Speech Methodology, 19 ARIZ. ST. L.J. 635 (1987)
Pullman Abstention after Pennhurst: A Comment on Judicial Federalism, 27 WM. & MARY L. REV. 449 (1986)
The Supreme Court's Public Forum Doctrine and the Return of Formalism, 7 CARDOZO L. REV. 335 (1986)
The Sovereignty of Indian Tribes: A Reaffirmation and Strengthening in the 1970's, 54 NOTRE DAME L. REV. 5 (1978)

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