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Biography:
Professor Werhan joined the faculty in 1989 from Western New England School of Law, where he had taught since 1982. In 1988-89, he taught at Tulane as a visiting faculty member. Previously, he was an attorney in the Civil Division of the US Department of Justice and practiced law at Winston and Strawn, Washington, DC. Professor Werhan is the author of Freedom of Speech (Praeger Press, 2004) and of Principles of Administrative Law (Thomson/West 2007). He has written articles on administrative law, federal jurisdiction, and constitutional law, including the speech and religion clauses of the First Amendment. His teaching is in the areas of administrative law and constitutional law. The Tulane Law graduating classes of 2006 and 2012 selected Professor Werhan as the recipient of the Felix Frankfurter Distinguished Teaching Award. He served as Vice Dean of the Law School from 1995 to 1998.
Courses:
Fall 2012 - Constitutional Law: Freedom of Speech & Press; Federal Courts
Spring 2013 - Constitutional Law I; Administrative Law
Other courses - Constitution & Religion Seminar; Constitutional Law: Freedom of Religion
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Articles
"Popular Constitutionalism, Ancient and Modern," 46 UC Davis Law Review ___(forthcoming, 2012)
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| "Separation of Powers," in The Oxford International Encyclopedia of Legal History, v. 5, pp. 215-21, Stanley N. Katz, editor-in-chief (Oxford University Press, 2009) |
Rethinking Freedom of the Press After 9/11, 82 Tulane L. Rev. 1561 (2008). Reprinted in THE FIRST AMENDMENT LAW HANDBOOK, 2008-09, pp. 67-109 (Rodney A. Smolla, ed., Thomson Reuters West, 2008). |
| The Classical Athenian Ancestry of American Freedom of Speech, 2008 SUPREME COURT REVIEW 293-347. |
| Athens and America: Constitution Making as an Act of Democratic Justice, in Justice in Particular: Festschrift in Honour of Professor P.J. Kozyris, pp. 521-54, Ant. N. Sakkoulas Publishers, Athens, 2007. |
| Navigating the New Neutrality: School Vouchers, the Pledge, and the Limits of a Purposive Establishment Clause, 41 BRANDEIS L. J. 603 (2003) [This article was an invited submission for a First Amendment Discussion Forum, co-sponsored by Vanderbilt University, Washington and Lee University, and the University of Louisville. All papers submitted for the Forum were published collectively in the Brandeis Law Journal.] |
| The Tie That Binds: Constitutional Law and Culture, Obscenity and Child Pornography, 100 SOUTH ATLANTIC QUARTERLY 895 (2001) (THE SOUTH ATLANTIC QUARTERLY is a journal published by Duke University Press. This article appears as a part of a symposium on Law and Culture.) (2001) |
| Checking Congress and Balancing Federalism: A Lesson from Separation-of-Powers Jurisprudence, 57 WASH. & LEE. L. REV. 1213 (2000) |
| Delegalizing Administrative Law, 1996 U. ILL. L. REV. 423 (1996) |
| Normalizing the Separation of Powers, 70 TUL. L. REV. 2681 (1996) |
| The Liberalization of Freedom of Speech on a Conservative Court, 80 IOWA L. REV. 51 (1994) |
| The Neoclassical Revival in Administrative Law, 44 ADMIN. L. REV. 567 (1992); reprinted in AN ADMINISTRATIVE LAW ANTHOLOGY (Tom Sargentich ed., Anderson Publishing 1994) (edited version) |
| Federalism and Separation of Powers on a "Conservative” Court: Currents and Cross Currents from Justices O'Connor and Scalia (with M. D. Gelfand), 64 TUL. L. REV. 1443 (1990) |
| Toward an Eclectic Approach to Separation of Powers: Morrison v. Olson Considered, 16 HASTINGS CONST. L. Q. 393 (1989) |
| The O'Briening of Free Speech Methodology, 19 ARIZ. ST. L.J. 635 (1987) |
| Pullman Abstention after Pennhurst: A Comment on Judicial Federalism, 27 WM. & MARY L. REV. 449 (1986) |
| The Supreme Court's Public Forum Doctrine and the Return of Formalism, 7 CARDOZO L. REV. 335 (1986) |
| The Sovereignty of Indian Tribes: A Reaffirmation and Strengthening in the 1970's, 54 NOTRE DAME L. REV. 5 (1978) |
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