Professor of Law
John and Frances Angelos Law Center, Room 509
Administrative Assistant: Deborah Pinkham
John and Frances Angelos Law Center, Room 518
J.D., cum laude, University of Michigan Law School
B.A., magna cum laude, Cornell University
Areas of Expertise
Kimberly Wehle joined the law school after several years of teaching as an Associate Professor at the University of Oklahoma College of Law and a Visiting Professor at the George Washington University Law School. She teaches and writes in the areas of administrative law, federal courts and civil procedure. She is particularly interested in separation of powers questions, as well as in the constitutional implications of structural and technological innovations in modern government.
Professor Wehle's recent scholarship addresses the constitutional relationship of independent agencies and private contractors to the enumerated branches of government. Her articles have appeared in the Notre Dame Law Review, the Indiana Law Journal and the North Carolina Law Review, among others, and her work is cited in a leading federal courts casebook.
Professor Wehle was an editor of the Michigan Law Review and clerked for the Hon. Charles R. Richey of the United States District Court for the District of Columbia. She went on to practice for more than a decade, first at the Federal Trade Commission and subsequently as an Associate Independent Counsel in the Office of Independent Counsel Kenneth W. Starr, and as an Assistant U.S. Attorney in the Civil Division of the Office of the United States Attorney in Washington, D.C. Immediately before entering the teaching profession, she was of counsel in the litigation group of the D.C. tax boutique Caplin & Drysdale, where her work focused on asbestos creditors' rights and campaign and election law litigation. She has practiced before the United States Supreme Court and argued several cases in the United States Court of Appeals for the D.C. Circuit.
The Outsourced Constitution: How Big Data Surveillance and Privatized Government Erode Democracy (forthcoming Cambridge University Press).
Articles and Essays
"Defining Lawmaking Power," 51 Wake Forest Law Review 811 (2016).
"Public Laws and Private Lawmakers," 93 Washington University Law Review 615 (2016).
"Outsourcing, Data Insourcing, and the Irrelevant Constitution," 49 Georgia Law Review 607 (2015).
"Anonymity, Faceprints, and the Constitution," 21 George Mason Law Review 409 (2014).
"'We The People," Constitutional Accountability, and Outsourcing Government," 88 Indiana Law Journal 1347 (2013).
"Government by Contract and the Structural Constitution," 87 Notre Dame Law Review 491 (2011).
"Presidential Control of the Elite 'Non-Agency,'" 88 North Carolina Law Review 71 (December 2009).
"Justiciable Generalized Grievances," 68 Maryland Law Review 1 (Fall 2008).
"What's Left Standing? FECA Citizen Suits and the Battle for Judicial Review," 55 Kansas Law Review 677 (April 2007).