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Barry P. McDonald

Professor of Law
Caruso School of Law

Biography

Professor McDonald teaches courses in constitutional Law, First Amendment law, comparative constitutional law, intellectual property law and contracts law. He is a recognized expert on constitutional law and the U.S. Supreme Court, and is frequently interviewed or writes in such major media outlets as The New York Times, The Washington Post, The CBS Evening News, CNN, Fox News, National Public Radio, and The Los Angeles Times. He is also a recognized scholar in the area of constitutional law and First Amendment law. Since joining the Pepperdine faculty in 2000, he has published numerous articles and essays 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. 

At Northwestern Law, Professor McDonald received the Order of the Coif, the Arlyn Miner Legal Writing Award, and was an associate editor of the Northwestern Law Review. After graduation, he clerked for the Chief Justice of the United States, William H. Rehnquist, during the 1989-90 Term of the Supreme Court, and before that the Honorable James K. Logan of the U.S. Court of Appeals for the Tenth Circuit. Following his clerkships, Professor McDonald worked for the U.S. Department of State, the law firm of Gibson, Dunn & Crutcher, and served as general counsel to two different technology companies.

Professor McDonald is currently a member of the Bar of the Supreme Court of the United States, the State Bar of California, the American Bar Association, and the American Association of Law Schools (AALS). He also serves on the Scholarly Research Committee of the Southeastern Association of Law Schools (SEALS), and has served as a SEALS scholarship mentor for junior faculty. Professor McDonald is also a member of the Litigation Advisory Committee of the national board of the Presbyterian Church of the U.S.A. In 2008, he served as the 2008 Chairperson of the Mass Communications Law Section of the AALS, and continues to serve on the section's Executive Committee.

Education

  • J.D., Northwestern University School of Law, 1988, cum laude
  • B.B.A., Loyola University of Chicago, 1981

 

Articles

  • Congress's Mistaken IP Power and our Hybrid Constitutionalism, 114 KY L. J. 91 (2025-26) SSRN HeinOnline
  • SCOTUS's Shadiest Shadow Docket, 56 WAKE FOREST L. REV. 1021 (2021) SSRN HeinOnline

Media Writings and Events

  • Op-Ed, Will the Supreme Court Apply a Double Standard to Abortion and Gun Rights?, The Hill, June 9, 2022
  • Op-Ed, This Is the Shadiest Part of the Supreme Court, N.Y. Times, Nov. 3, 2021
  • Op-Ed, "The Supreme Court Shall Be Expanded and Its Powers Limited," in We the People Have a Few Ideas for the Constitution, N.Y. TIMES, Aug. 4, 2021 
  • Op-Ed, The Abortion Battle is Set to Get Worse, Regardless of Who Replaces RBG, The Hill, Oct. 13, 2020
  • Op-Ed, The 'Troubling Premise' of Quid Pro Quo, NAT'L L.J., Nov. 20, 2019
  • Op-Ed, The Flaws of the Great Justice Stevens, N.Y. TIMES, July 20, 2019
  • Op-Ed, Should the Supreme Court Matter So Much?, N.Y. TIMES, Oct. 11, 2018
  • Don't Let the Government Censor Blueprints for 3-D-Printed Guns, Washington Post, Aug. 5, 2018
  • The 14th Amendment, Kennedy and Kavanaugh: What's Next?, NAT'L L.J., July 19, 2018
  • Actually the Baker in Supreme Court Masterpiece Ruling Lost, It Only Looked Like He Won, USA TODAY, June 8, 2018
  • What the Supreme Court Could Teach the NFL, BOSTON GLOBE, MAY 31, 2018
  • Same-Sex Wedding Cakes: Why Hybrid Rights Paradigm Is Best Way Out of Thicket, NAT'L L. J., JAN. 22, 2018
  • Hillary v. Donald: The Constitution in the Balance, L.A. & S.F. DAILY J., NOV. 4, 2016
  • Are They Supposed to be Politicians in Black Robes?, CNN.COM, OCT. 27, 2016
  • The Candidates and the Constitution, NAT'L CONST. CENTER PODCAST, SEPT. 28, 2016
  • The Case for Judicial Disengagement...Except Where Appropriate, CATO UNBOUND, SEPT. 19, 2016
  • Op-Ed, Eight Justices are Enough, N.Y. TIMES, MAY 26, 2016
  • First Amendment or Jerk?, WE THE INTERNET TV, APR. 18, 2016
  • Speaker, The Landscape of Constitutional Law in Light of the 2012 Elections, Annual conference of the Southeastern Association of Law Schools (Aug. 2013)
  • Panel Moderator, Do Theories of Constitutional Interpretation Matter?, Annual conference of the Southeastern Association of Law Schools (Aug. 2013)
  • Putting Law over Politics on Supreme Court, POLITICO, JULY 10, 2012 (with Douglas W. Kmiec) 
  • Speaker, The First Amendment and Student Speech, University of Missouri-Kansas City School of Law (October 2012)
  • The Supremes: Conservative Consolidation, CAL. LAW., Sept. 2011; L.A. DAILY J., SEPT. 1, 2011
  • Quoted in article: U.S. Supreme Court again rejects most decisions by the U.S. 9th Circuit Court of Appeals, L.A. Times, 2011
  • Guest on Southern California Public Radio's Air Talk: Half-hearted death threats are repugnant but not illegal in Obama case, 2011
  • Speaker re trends and important decisions of the last Term of the Court, Florida Conference of Circuit Judges, Marco Island, FL, 2011
  • Moderator, Panel on Access to Justice and the Roberts Court, SEALS Conference, 2011
  • Listen to the Terminator, L.A. Times, NOV. 17, 2010
  • Commentary: Why the First Amendment Does Not Bar the Tort Actions in the Funeral Protest Case, NAT'L L.J., NOV. 2, 2010
  • The Supremes: Selective Minimalism, CAL. LAW., Sept. 2010; L.A. DAILY J., SEPT. 1, 2010
  • Counseling Terrorists, L.A. DAILY J., JULY 2, 2010
  • Putting Congress Between a Rock and a Hard Place, L.A. DAILY J., APR. 30, 2010
  • Obscenity and Free Speech: Debate with John Stagliano, L.A. Times, JUNE 30, JULY 1-3, 2008

Areas of Expertise

  • U.S. Supreme Court
  • U.S. Constitutional law
  • U.S. Copyright law
  • Contract law

Topics

  • Constitutional Law
  • First Amendment Law
  • Intellectual Property
  • Contracts Law
  • Comparative Constitutional Law