Werhan CV 2019.pdf Keith Werhan
- Ashton Phelps Chair of Constitutional Law Emeritus
- kwerhan@tulane.edu
- Weinmann Hall, Room 359-F
- 504.862.8796
Education
- BBA, magna cum laude, 1972, University of Notre Dame
- JD, 1975, George Washington University
Biography
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.
Selected Publications
“America’s Aristotelian Constitution,” In Progress.
“Regulatory Federalism, Shaken Not Stirred,” 29 Journal of Law & Politics 151-87 (2013)
(published by the University of Virginia School of Law).
“Popular Constitutionalism, Ancient and Modern,” 46 UC Davis Law Review 65-131 (2012).
“The Classical Athenian Ancestry of American Freedom of Speech,” 2008 Supreme Court Review 293-347.
“Rethinking Freedom of the Press After 9/11,” 82 Tulane Law Review 1561-1605 (2008), reprinted in The First Amendment Law Handbook, 2008-2009, pp. 67-109 (Rodney A. Smolla, ed., Thomson Reuters West, 2008).
“Navigating the New Neutrality: School Vouchers, the Pledge, and the Limits of a Purposive Establishment Clause,” 41 Brandeis L.J. 603-29 (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 897-917 (Fall 2001). (This article was an invited submission for a special issue, “Culture and the Law.” The South Atlantic Quarterly is a literary journal published by Duke University Press.)
“Checking Congress and Balancing Federalism: A Lesson From Separation-of-Powers Jurisprudence,” 57 Wash. & Lee L. Rev. 1213-84 (2000).
“Normalizing the Separation of Powers,” 70 Tul. L. Rev. 2681-717 (1996).
“Delegalizing Administrative Law,” 1996 U. Ill. L. Rev. 423-66 (1996). This article was quoted by the High Court of Australia in support of its decision to reject the Chevron doctrine in Australian administrative law. (Enfield City v. Devt Assess CMMN, 199 CLR 135, [2000] HCA 5.)
“The Liberalization of Freedom of Speech on a Conservative Court,” 80 Iowa L. Rev. 51-100 (1994).
“The Neoclassical Revival in Administrative Law,” 44 Admin. L. Rev. 567-627 (1992), reprinted in Thomas O. Sargentich, ed., Administrative Law Anthology 383-92 (Anderson Publishing Co., 1994).
“Federalism and Separation of Powers on a ‘Conservative’ Court: Currents and Cross-Currents From Justices O’Connor and Scalia,” 64 Tul. L. Rev. 1443-76 (1990) (with M. David Gelfand).
“Toward an Eclectic Approach to Separation of Powers: Morrison v. Olson Examined,” 16 Hast. Const. L. Q. 393-451 (1989).
“The O'Briening of Free Speech Methodology,” 19 Ariz. St. L. J. 635-79 (1987).
“Pullman Abstention after Pennhurst: A Comment on Judicial Federalism,” 27 Wm. & Mary L. Rev. 449-506 (1986).
“The Supreme Court’s Public Forum Doctrine and the Return of Formalism,” 7 Cardozo L. Rev. 335-437 (1986).
“The Sovereignty of Indian Tribes: A Reaffirmation and Strengthening in the 1970s,” 54 Notre Dame L. Rev. 5-25 (1978).
“A Federal Cause of Action Against a Municipality for the Fourth Amendment Violations by its Agents,” 42 Geo. Wash. L. Rev. 850-68 (1974) (co-author).
“Restrictions on the Rights to Resign: Can a Member's Freedom to "Escape the Union Rule" Be Overcome by Union Boilerplate?,” 42 Geo. Wash. L. Rev. 397-426 (1974) (co-author).
Books
Principles of Administrative Law, Thomson/Reuters, West Academic Publishing, 2nd edition, 2014. ?
Principles of Administrative Law, Thomson/West, 2007. ?
Freedom of Speech, Praeger Press, 2004. ?