Professor of Law
John and Frances Angelos Law Center, Room 1014
Media Contact: Christine Stutz
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 (formerly Kimberly N. Brown) 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 is also an On-Air and Off-Air Legal Expert, Analyst and Commentator for CBS News. She is a Contributor for BBC World News and BBC World News America on PBS, an Op-Ed Contributor for The Bulwark, and an Opinion Contributor for The Hill. She has regularly appeared as a guest legal analyst on various media outlets regarding Robert Mueller's probe on Russian influence in the 2016 presidential election and other issues regarding the structural Constitution and the Trump Administration, including CNN, MSNBC, NPR’s Morning Edition, PBS NewsHour, and Fox News. Her articles have also appeared in The Baltimore Sun, The Los Angeles Times, and NBC News Think. She is regularly interviewed and cited by prominent print journalists on a range of newsworthy legal issues.
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.
Professor Wehle is also an Advisor to the nonpartisan nonprofit, Protect Democracy.
How to Read the Constitution -- and Why (Harper Collins June 2019).
What you Need To Know About the Right to Vote -- and Why (forthcoming Harper Collins June (2020).
The Outsourced Constitution: How Government Power in Private Hands Erodes American Democracy (forthcoming Cambridge University Press).
Articles and Essays
Kimberly Wehle, Forward, 9 Leg. & Policy Brief 2 (Spring 2020).
"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).