Barry P. McDonald, J.D.
Professor of Law
Office: School of Law (SOL)
- J.D., Northwestern University School of Law, 1988, cum laude
- B.B.A., Loyola University of Chicago, 1981
SSRN Author Page
Professor McDonald teaches courses in constitutional law, First Amendment law, comparative constitutional law and copyright law. He is a recognized expert on constitutional law and the U.S. Supreme Court, and frequently is interviewed or writes in such major
media outlets as The CBS Evening News, Fox News, National Public Radio and The Los Angeles Times. He is also a recognized scholar in the area of constitutional law, and particularly First Amendment law. Since joining the Pepperdine faculty in 2000, he has published several articles on the law governing freedom of expression and religion in such prominent journals as the Emory Law Journal, Northwestern University Law Review, Notre Dame Law Review, Ohio State Law Journal and Washington & Lee Law Review. His current projects include a new constitutional law textbook to be published by West Publishing Co.
Prior to joining the faculty, Professor McDonald worked for the U.S. Department of State, the law firm of Gibson, Dunn & Crutcher, and as general counsel to two different technology companies. He attended Northwestern University School of Law where he graduated with honors, and received the Order of the Coif, the Arlyn Miner Legal Writing Award, and served as an associate editor of the Northwestern Law Review. Upon graduation he clerked for
the Honorable James K. Logan of the U.S. Court of Appeals for the Tenth Circuit, and then served as a law clerk to Chief Justice William H. Rehnquist during the 1989-90 Term of the Supreme Court of the United States. He is currently a member of the U.S. Supreme Court Bar, the State Bar of California, the American Bar Association, and the American Association of Law Schools (AALS). Professor McDonald serves on the Executive Committee of the Mass Communications Law Section of the AAS, and on the Litigation Advisory Committee for the national Presbyterian Church (U.S.A.).
All | Books |
Book Chapters | Articles |
Forthcoming | Popular Press
Barry P. McDonald, THE AMERICAN CONSTITUTION: ORIGINAL UNDERSTANDINGS AND JUDICIAL INTERPRETATION (West, forthcoming 2014) .
Barry P. McDonald, Regulating Student Cyberspeech, 77 MO. L. REV. 727 (2013) SSRN Barry P. McDonald, Censorship and the Media: A Foreward, 25 NOTRE DAME J.L. ETHICS & PUB.POL'Y 1 (2011) HeinOnlineBarry P. McDonald, The Supremes: Conservative Consolidation, CAL. LAW., Sept. 2011; L.A. DAILY J., Sept. 1, 2011 Barry P. McDonald, A Reluctant Apology for Plessy: A Response to Akil Amar, 39 PEPP. L. REV. 91 (2011) (symposium) HeinOnlineBarry P. McDonald, Listen to the Terminator, L.A. Times, Nov. 17, 2010 Barry P. McDonald, Putting Congress Between a Rock and a Hard Place, L.A. DAILY J., Apr. 30, 2010 Barry P. McDonald, The Supremes: Selective Minimalism, CAL. LAW., Sept. 2010; L.A. DAILY J., Sept. 1, 2010 Barry P. McDonald, Commentary: Why the First Amendment Does Not Bar the Tort Actions in the Funeral Protest Case, NAT'L L.J., Nov. 2, 2010 Barry P. McDonald, Counseling Terrorists, L.A. DAILY J., July 2, 2010 Barry P. McDonald, The Emerging Oversimplifications of the Government Speech Doctrine: From Substantive Content to a "Jurisprudence of Labels", 2010 BYU L. REV. 2071 (2010) SSRN HeinOnlineBarry P. McDonald, Getting Beyond Religion as Science: "Unstifling" Worldview Formation in American Public Education, 66 WASH. & LEE L. REV. 587 (2009) SSRN HeinOnlineBarry P. McDonald, Free Speech and Press in the Modern Age: Can 20th Century Theory Bear the Weight of 21st Century Demands?: Introduction, 36 PEPP. L. REV. i (2009) HeinOnlineBarry P. McDonald, Campaign Finance Regulation and the Marketplace of Emotions, 36 PEPP. L. REV. 395 (2009) (symposium issue) SSRN HeinOnlineBarry P. McDonald, Obscenity and Free Speech: Debate with John Stagliano, L.A. Times, June 30, July 1-3, 2008 Barry P. McDonald, If Obscenity Were to Discriminate, 103 NW. U.L. REV. COLLOQUY 72 (2008); 103 NW. U. L. REV. 475 (2009) SSRN HeinOnlineBarry P. McDonald, Speech and Distrust: Rethinking the Content Approach to Protecting the Freedom of Expression, 81 NOTRE DAME L. REV. 1347 (2006) SSRN HeinOnlineBarry P. McDonald, Government Regulation or Other "Abridgements" of Scientific Research: The Proper Scope of Judicial Review Under the First Amendment, 54 EMORY L.J. 979 (2005) SSRN HeinOnlineBarry P. McDonald, The First Amendment and the Free Flow of Information: Towards a Realistic Right to Gather Information in the Information Age, 65 OHIO ST. L.J. 249 (2004) SSRN HeinOnline
Barry P. McDonald, Speaker, The Landscape of Constitutional Law in Light of the 2012 Elections, Annual conference of the Southeastern Association of Law Schools (Aug. 2013). Barry P. McDonald, Panel Moderator, Do Theories of Constitutional Interpretation Matter?, Annual conference of the Southeastern Association of Law Schools (Aug. 2013). Barry P. McDonald & Douglas W. Kmiec, Putting Law over Politics on Supreme Court, POLITICO, July 10, 2012. Barry P. McDonald, Speaker, The First Amendment and Student Speech, University of Missouri-Kansas City School of Law (October 2012). Barry P. McDonald, Quoted in article: U.S. Supreme Court again rejects most decisions by the U.S. 9th Circuit Court of Appeals, LA Times, 2011. Barry P. McDonald, Guest on Southern California Public Radio's Air Talk: Half-hearted death threats are repugnant but not illegal in Obama case, 2011. Barry P. McDonald, Speaker re trends and important decisions of the last Term of the Court, Florida Conference of Circuit Judges, Marco Island, FL, 2011. Barry P. McDonald, Moderator, Panel on Access to Justice and the Roberts Court, SEALS Conference, 2011.