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Meet the Faculty

Photo of Douglas W. Kmiec, J.D.

Douglas W. Kmiec, J.D.
Professor of Constitutional Law and Caruso Family Chair in Constitutional Law

Office: School of Law (SOL)
E-mail: douglas.kmiec@pepperdine.edu

  • J.D., University of Southern California
  • B.A., Northwestern University

One of America's best known scholars and popular commentators on the law, Professor Douglas W. Kmiec holds the endowed chair in constitutional law at Pepperdine Law School. He came to this position after serving several years as dean and St. Thomas More Professor of Law at The Catholic University of America in Washington, D.C., and for nearly two decades (1980-99), on the law faculty at the University of Notre Dame. As dean at Catholic University, Professor Kmiec greatly increased academic quality and student selectivity at the same time he deepened the school's religious commitment. During his tenure, the law school moved up noticeably in the U.S. News ranking. At Notre Dame, he was director of Notre Dame's Center on Law & Government, and the founder of its Journal of Law, Ethics & Public Policy. Beyond the university setting, Kmiec was nominated by President Reagan and confirmed by the U.S. Senate as Assistant Attorney General Office of Legal Counsel (OLC), U.S. Department of Justice (1988-89). For several years before his presidential appointment (1985-87), he served together with (now Justice) Samuel A. Alito, Jr. as Deputy Assistant Attorney General in OLC.

A wide-ranging writer and engaging speaker, Professor Kmiec writes a syndicated column for the Catholic News Service, and for several years wrote a regular column in the Chicago Tribune. He is also a frequent contributor to the pages of the Los Angeles Times, Wall Street Journal, and other periodicals. He is the co-author (with legal historian Stephen Presser of Northwestern) of three books on the Constitution -- The American Constitutional Order; Individual Rights and the American Constitution and The History, Structure and Philosophy of the American Constitution. Another recent book, Cease-Fire on the Family (Crisis Books/Notre Dame) attracted scholarly and popular acclaim for proposing realistic ways for families to "end the culture war" by renewing personal virtue and civic responsibility within itself. He has also written The Attorney General's Lawyer (Praeger 1992), and several respected legal treatises. In 2008, he authored Can a Catholic Support Him? Asking the Big Question about Barack Obama (Overlook Press/Penguin) which sold out in bookstores around the country and ranked #1 in its category on Amazon during the 2008 presidential campaign.

Professor Kmiec's scholarly research spans legal and non-legal subjects, from the Constitution and the federal system, to land use and the organization of America society. He is a frequent guest on national news programs, such as the Newshour, Meet the Press, CNN, and NPR's All Things Considered and Talk of the Nation, analyzing constitutional questions.

A White House Fellow (1982-83), Professor Kmiec is one of a few individuals who has received the Distinguished Service Award from two cabinet departments -the Department of Justice in 1987 and Housing and Urban Development in 1983. In 1988, he was awarded the Edmund J. Randolph Award by the attorney general. He has lectured on the U.S. Constitution in Asia as a Fulbright Distinguished Scholar.

An honors graduate of Northwestern, Professor Kmiec received his law degree from the University of Southern California, where he served on the Law Review and received the Legion Lex Commencement Prize for Legal Writing. He is a member of the bar of the U.S. Supreme Court and the state bars of Illinois and California.

Courses:
  • MPP 606 Public Policy and the Legal Framework
Academic Interests:
  • Constitutional Law
  • Jurisprudence
  • Law and Morality
Selected Works:
  • Of Judicial Methods and Judicial Integrity: Has Originalism Struck Out?, 35(8) PREVIEW U.S. SUP. CT. CAS. 386 (2008).
  • The 2007 Federalist Society National Lawyers Convention; Corporations: Is the U.S. Legal Regime Undermining American Competitiveness?, Nondiscrimination or Deregulation: A U.S.-E.U. Comparison, 12 TEX. REV. L. & POL. 405 (2008).
  • A Prayer from Barack Obama: That Americans Will Respect the Faith of Many for the Good of Us All, LEGAL TIMES, Mar. 3, 2008, at 44.
  • Yoo's Labour's Lost: Jack Goldsmith's Nine-Month Saga in the Office of Legal Counsel, 31 HARV. J.L. & PUB. POL'Y 795 (2008) (book review).
  • Standing Still -- Did the Roberts Court Narrow, But Not Overrule, Flast to Allow Time to Re-Think Establishment Clause Jurisprudence?, 35 PEPP. L. REV. 509 (2008) (symposium issue).
  • Introduction to the 2006 Templeton Lecture; Eminent Domain Post-Kelo: Hitting Home--The Supreme Court Earns Public Notice Opining on Public Use, 9 U. PA. J. CONST. L. 501 (2007).
  • Our Dollars at War: Congress Can Use the Spending Power to Fix Our Course in Iraq, LEGAL TIMES, Jan. 22, 2007, at 68.
  • Standing to Sue? No: Supreme Court Weighs Taxpayer Challenges Under the Establishment Clause, LEGAL TIMES, Mar. 5, 2007, at 59.
  • On the Senate Grill, Gonzales Defiant: Time to Move On - Senate, Not Prosecutor, L.A. DAILY J., Apr. 20, 2007, at 1.
  • The Abortion Decision, nationally syndicated essay, May 2007.
  • Immigration Reform - A Matter of Faith and Reason, nationally syndicated essay, July 2007.
  • The Silent Shrug - Corporations Still Don't Know How to Deal with Working Women Who Just Might Want to Raise a Family, FORBES, July 2, 2007, at 36.
  • Douglas W. Kmiec & Mary Ann Glendon, The Best Kind of Justices: While the Roberts Court Deserves High Marks this Term, the 2008 Election Still Matters, LEGAL TIMES, July 2, 2007, at 54.
  • Why the 2008 Candidate Should Meet the Human Person, nationally syndicated essay, July 27, 2007.
  • Navigating End-of-Life Decisions - The Ethical Dilemma of Nutrition and Hydration, nationally syndicated essay, Sept. 2007.
  • Mother Teresa and Her Crisis of Faith, nationally syndicated essay, Sept. 2007.
  • Aggressive Interrogation and the Denial of the Human Person, nationally syndicated essay, Oct. 2007.
  • Natural Law Originalism for the Twenty-First Century - A Principle of Judicial Restraint, Not Invention, 40 SUFFOLK U. L. REV. 383 (2007).
  • The Separation of Powers: Hamdan v. Rumsfeld - The Anti-Roberts, 34 PEPP. L. REV. 573 (2007) (symposium issue).
  • Overview of the Term: The Rule of Law and Roberts' Revolution of Restraint, 34 PEPP. L. REV. 495 (2007) (symposium issue).
  • Precedent Rules in the Roberts Court, CAL. LAW., Sept. 2007, at 15.
  • Law School Accreditation: Responsible Regulations or Barrier to Entry?, 11 TEX. REV. L. & POL. 377 (2007).
  • An Attorney General Who Says No: Let's Hope That Michael Mukasey Will Disagree When Bush or Congress Goes Wrong, LEGAL TIMES, Oct. 22, 2007, at 62.
  • United Against Al Qaeda, LEGAL TIMES, March 13, 2006, at 54.
  • Suicides Change Nothing, USA TODAY, Jun. 13, 2006, at 12A.
  • Who Rules the High Court?; In Kennedy's Swing Vote vs. Roberts' Consensus-Building, the Chief Justice Holds Sway, L.A. Times, Jul 8, 2006, at B15.
  • America, the Cross and Religious Expression, TIDINGS MAG., Jul. 21, 2006.
  • With Reservations: Despite ABA Report on Signing Statements, the President Should Not Enforce an Invalid Law, LEGAL TIMES, July 31, 2006, at 58.
  • Young Mr. Rehnquist's Theory of Moral Rights - Mostly Observed, 58 STAN. L. REV. 1827 (2006).
  • Our Enemies Aren't Soldiers, LEGAL TIMES, Sept. 11, 2006, at 67.
  • Civil Liberties and Civility--The Chief Justice's Rookie Year, 34(8) PREVIEW U.S. SUP. CT. CAS. 445.
  • Two Scholars View the Hearing: Judge True to His Record Amid Democratic Potshots at Hearing (U.S. Supreme Court Judicial Candidate Samuel A. Alito Jr.), L.A. DAILY J., Jan. 12, 2006, at 1.
  • Unanimously Pretty Good (US Supreme Court's 2006 term under Chief Justice John Roberts), CAL. LAW., Aug. 2006, at 19.
  • The Procreative Argument for Proscribing Same-Sex Marriage, 32 HASTINGS CONST. L.Q. 653 (2005).
  • How to Replace O'Connor: Tough Cases Ahead Call for a Justice Who's No Activist But Won't Invite Nuclear War, LEGAL TIMES, July 11, 2005, at 54.
  • Interpreting the Bible & the Constitution, 55 CHRISTIANITY & LITERATURE 130 (2005).
  • Douglas W. Kmiec & Katherine Kmiec Turner, Property Lost: The Takings Clause in the 2004 Term, 2004-05 PREVIEW U.S. SUP. CT. CAS. 451 (2005).
  • Enumerated Powers and Unenumerated Rights; Gonzales v. Raich: Wickard v. Filburn Displaced, 2004-2005 CATO SUP. CT. REV. 71 (2005).
  • Douglas W. Kmiec & Katherine Kmiec Turner, Is Private Economic Development Condemnation an Abuse of the "Despotic Power", 2004-05 PREVIEW U.S. SUP. CT. CAS. 274 (2005).
  • Abandoning Common Sense, The Supremes, CAL. LAW., Sept. 2005, at 21.
  • Eloquence, Erudition of Nominee Make Listening to Him a Pleasure, L.A. DAILY J., Sept. 15, 2005, at 1.
  • The Human Nature of Freedom and Identity--We Hold More Than Random Thoughts, 29 HARV. J.L. & PUB. POL'Y 33 (2005).
  • Observing the Separation of Powers: The President's War Power Necessarily Remains "The Power to Wage War Successfully", 53 DRAKE L. REV. 851 (2005).
  • Adjourn Hearing - Approve Him Immediately, L.A. DAILY J., Sept. 14, 2005, at 1.
  • The First Amendment in Wartime, 2003-04 PREVIEW U.S. SUP. CT. CAS. 491 (2004).
  • What Rights Are Owed "Enemy Combatants" in America's War on Terror?, 2003-04 PREVIEW U.S. SUP. CT. CAS. 397 (2004).
  • The Supreme Court's War Term, CAL. LAW., Sept. 2004, at 16.
  • Is a State's Refusal to Fund Religiously Based Higher Education Neutral ... Or Hostile?, 2002-03 PREVIEW U.S. SUP. CT. CAS. 130 (2003).
  • Credit Act Changes Don't Add Up: Unlawful Takings Issues in Proposed Amendments Could Cause Substantial Liability for America, L.A. DAILY J., Oct. 16, 2003, at 6.
  • Introduction to Symposium on the Life and Work of Justice Byron R. White, 52 CATH. U. L. REV. 877 (2003) (symposium issue).
  • Oh God! Can I Say That in Public?, 17 NOTRE DAME J.L. ETHICS & PUB. POL'Y 307 (2003) (symposium issue).
  • The Supreme Court in Times of Hot and Cold War: Learning from the Sounds of Silence for a War on Terrorism, 28 J. SUP. CT HISTORY 270 (2003).
  • Douglas W. Kmiec & Elliot Mincberg, The Role of the Senate in Judicial Confirmations, 7 TEX. REV. L. & POL. 235 (2003).
  • Retreating, not Retiring (US Supreme Court Justices), CAL. LAW., Sept. 2003, at 15.
  • Justice Scalia & Capital Sentencing, FIRST THINGS, Oct. 2002, at 8.
  • Ashcroft Attacks Miss True Threat to Our Liberty, LEGAL TIMES, Sept. 9, 2002, at 51.
  • U.S. Supreme Court Wrap-up (Supreme Court's term of 2001-2002), CAL. LAW., Sept. 2002, at 17.
  • Finally - School Vouchers, CAL. LAW., Mar. 2002, at 15.
  • Confusing Freedom with License - Licenses Terrorism, Not Freedom, THE RESPONSIVE COMMUNITY, Winter 2001/02, at 56.
  • Douglas W. Kmiec & Jesse H. Choper, Choose Your School (financing for church schools), LEGAL TIMES, Feb. 11, 2002, at 42.
  • Can a Religious Viewpoint Be Distinguished from Religious Worship?, 2000-01 PREVIEW U.S. SUP. CT. CAS. 228 (2001).
  • Are Post-Enactment Purchasers of Regulated Land Without Remedy for Regulatory Takings?, 2000-01 PREVIEW U.S. SUP. CT. CAS. 244 (2001).
  • The Nondelegation Doctrine Lives-Or Does It?, 2000-01 PREVIEW U.S. SUP. CT. CAS. 96 (2001).
  • The Many Faces of Equal Treatment, 2000-01 PREVIEW U.S. SUP. CT. CAS. 428 (2001).
  • The Term in Review (U.S. Supreme Court's 2000-2001 term), CAL. LAW., Sept. 2001, at 23.
  • Professor Douglas W. Kmiec's Response (to article by Laurence Tribe in this issue), 28 PEPP. L. REV. 667 (2001).
  • Faith-based Dean; The New Head of Catholic's Law School Discusses His Unique Mission, LEGAL TIMES, Sept. 3, 2001, at 31.
  • Good News for Religion (Good News Club v. Milford Central School; State Aid to Religious Schools), CAL. LAW., May 2001, at 25.
  • Clearing the Air (Clean Air Act Cases in Supreme Court), CAL. LAW., Feb. 2001, at 25.
  • Rediscovering a Principled Commerce Power (The Supreme Court's Most Extraordinary Term,1999-2000), 28 PEPP. L. REV. 547 (2001).
  • Our Unchanged Convictions; Life, Liberty, and the Pursuit of Good Over Evil, LEGAL TIMES, Dec. 24, 2001, at 51.
  • Voluntariness is the Touchstone for Admitting Evidence, L.A. DAILY J., Jan. 10, 2000, at 6.
  • Does Nebraska's Ban on Partial-Birth Abortion Place an Undue Burden on the Right to an Abortion?, 1999-2000 PREVIEW U.S. SUP. CT. CAS. 381 (2000).
  • May States Express Their Moral Standards by Choosing the Nations With Which They Trade?, 1999-2000 PREVIEW U.S. SUP. CT. CAS. 298 (2000).
  • The Court's Extraordinary Review of Association, Speech, and Religion Rights, 1999-2000 PREVIEW U.S. SUP. CT. CAS. 428 (2000).
  • Free Speech, Religion, and the Gridiron: The Supreme Court Tackles School Prayer, 1999-2000 PREVIEW U.S. SUP. CT. CAS. 324 (2000).
  • U.S. Supreme Court Undermines Parental Rights in Troxel (Troxel v. Granville), L.A. DAILY J., June 29, 2000, at 6.
  • Hitting the Highlights (U.S. Supreme Court 2000 Term), CAL. LAW., Sept. 2000, at 35.
  • Mitchell v. Helms -- School Choice & The End of Discrimination Against Religion, FIRST THINGS, Fall 2000.
  • CAN A CATHOLIC SUPPORT HIM? ASKING THE BIG QUESTION ABOUT BARACK OBAMA (Overlook 2008).
  • Same-sex Marriage and the Coming Anti-Discrimination Campaigns Against Religion, in SAME-SEX MARRIAGE AND RELIGIOUS LIBERTY: EMERGING CONFLICTS (2008).
  • THE AMERICAN CONSTITUTIONAL ORDER (LexisNexis, 2d edition 2004 & 2007 Supp.).
  • Douglas W. Kmiec, Stephen B. Presser & John C. Eastman, THE HISTORY, PHILOSOPHY AND STRUCTURE OF THE AMERICAN CONSTITUTION (LexisNexis, 2d edition 2004 & 2006 Supp.).
  • Douglas W. Kmiec, Stephen B. Presser & John C. Eastman, INDIVIDUAL RIGHTS AND THE AMERICAN CONSTITUTION (LexisNexis, 2d edition 2004 & 2006 Supp.).
  • ZONING AND PLANNING DESKBOOK (West, 2d ed., 2001- 2006 Supp.).
  • Marriage and Family, in NEVER A MATTER OF INDIFFERENCE: SUSTAINING VIRTUE IN A FREE REPUBLIC (Peter Berkowitz ed., Hoover Institution Press 2003).
  • The Rule of Law & the President's Executive Order Practice, in THE RULE OF LAW IN THE WAKE OF CLINTON (CATO Press 2000).