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Keith Werhan - Tulane University. New Orleans, LA, US

Keith Werhan

Professor Emeritus | Tulane University School of Law


Keith Werhan specializes in constitutional law, particularly the First Amendment, and in administrative law.




Keith Werhan Publication Keith Werhan Publication



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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 from 1995 to 1998.

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.

Areas of Expertise (6)

Federal Courts


First Amendment Law

Constitutional Law

Free Speech

Administrative Law

Accomplishments (2)

President’s Award for Excellence in Teaching


Felix Frankfurter Distinguished Teaching Award, Tulane Law School

2012, 2006, 1995

Education (2)

George Washington University: J.D. 1975

University of Notre Dame: B.B.A. 1972

Media Appearances (3)

Kavanaugh hearing: What we can expect



Keith Werhan, who specializes in Constitutional Law at Tulane says despite what lawmakers are leading the public to believe, there's really no rush to get Kavanaugh through. "The court's term begins the first Monday in October. So, it's coming up. But, it's not a great hardship for the court to be short-handed by one for a short period of time. After all, the Republicans held Justice Scalia's seat open for over a year when they denied Merrick Garland consideration," Werhan said...

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Kenner’s Nike ban draws sharp criticism from Congressman Richmond

FOX 8 Live  


Tulane Law Professor Keith Werhan said the mayor’s directive would likely not hold in court. "To the extent the mayor would seek to terminate contracts, or end contracts that seems clearly barred by the Supreme Court decision,” he said...

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NOLA native, Amy Coney Barrett, one of President Trump's SCOTUS contenders



New Orleans native Amy Coney Barrett appears to be the only woman President Donald Trump is considering. Barrett graduated from St. Mary's Dominican High School in 1990. A recent United States Circuit Judge, the 46-year-old is considered socially conservative. Though, she has denied that she would, opponents fear her Roman Catholic background would push her to overturn Roe v. Wade if given the opportunity. Eyewitness News asked Tulane Law professor Keith Werhan about the role faith plays in a judge's decision. “That’s part of the physiological make-up of a judge,” said Werhan. “That’s part of who they are. That's part of what they bring to a decision but it’s not the only thing.”...

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Articles (1)

The Classical Athenian Ancestry of American Freedom of Speech

The Supreme Court Review

Keith Werhan


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