Faculty | Faculty & Research | School of Law | Pepperdine University


Photo of Barry P. McDonald, J.D.

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, Illinois Law Review, Northwestern University Law Review, Notre Dame Law Review, Ohio State Law Journal and Washington & Lee Law Review. His current projects include a book on the U.S. Constitution entitled Our Dangerous Written Constitution.

Professor McDonald graduated with honors from the Northwestern University School of Law. In law school, Professor McDonald received the Order of the Coif, the Arlyn Miner Legal Writing Award, and was 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. 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.



All | Books | Book Chapters | Articles | Forthcoming | Popular Press

Forthcoming Books

  • Forthcoming Articles

  • Barry P. McDonald, Democracy's Religion: Religious Liberty in the Rehnquist Court and into the Roberts Court, U. IIL. L. REV. SSRN
  • Articles

  • 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) HeinOnline
  • Barry 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) HeinOnline
  • Barry 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 HeinOnline
  • Barry P. McDonald, Getting Beyond Religion as Science: "Unstifling" Worldview Formation in American Public Education, 66 WASH. & LEE L. REV. 587 (2009) SSRN HeinOnline
  • Barry 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) HeinOnline
  • Barry P. McDonald, Campaign Finance Regulation and the Marketplace of Emotions, 36 PEPP. L. REV. 395 (2009) (symposium issue) SSRN HeinOnline
  • Barry 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 HeinOnline
  • Barry P. McDonald, Speech and Distrust: Rethinking the Content Approach to Protecting the Freedom of Expression, 81 NOTRE DAME L. REV. 1347 (2006) SSRN HeinOnline
  • Barry 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 HeinOnline
  • Barry 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
  • Popular Press

  • 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.

  • (Minimize Publications)