Kenneth W. Starr

Kenneth W. Starr
Firm: Baylor University School of Law
Address: PO Box 7128
Waco, TX 76798
Phone: (254) 755-0252
Fax: (254) 710-1490
Web site:

Position Bar Admissions Education
Honors Published Works Affiliations
Current Employment Position(s):

Bar Admissions:
Virginia, 1979
District of Columbia, 1979
California, 1973
U.S. Supreme Court, 1989
U.S. Court of Appeals Federal Circuit, 1994
U.S. Court of Appeals District of Columbia Circuit, 1990
U.S. Court of Appeals 2nd Circuit, 1990
U.S. Court of Appeals 4th Circuit, 1994
U.S. Court of Appeals 5th Circuit, 1990
U.S. Court of Appeals 6th Circuit, 2005
U.S. Court of Appeals 8th Circuit, 1995
U.S. Court of Appeals 9th Circuit, 1989
U.S. Court of Appeals 11th Circuit, 1993
U.S. District Court Northern District of California, 2006
Duke University School of Law, Durham, North Carolina, 1973
Honors: Hughes Inn Graduate of the Year
Honors: Order of the Coif
Honors: President of Duke International Law Society
Law Journal: Duke Law Journal, Note & Comment Editor

Brown University, Providence, Rhode Island, 1969

George Washington University, Washington, District of Columbia, 1968

Published Works:
The Supreme Court and Its Shrinking Docket: The Ghost of William Howard Taft, 90 Minn. L. Rev. 1363, 2006

Reflections on Hines v. Davidowitz: The Future of Obstacle Preemption, 33 Pepp. L. Rev. 1, 2005

The Federal Republic and the Challenge to Freedom, 90 Cornell L. Rev. 1639, 2005

Morality, Community, and the Legal Profession, 5 Wyo. L. Rev. 403, 2005

`Divided America' and the American Constitution Tradition, 3 Geo. J.L. & Pub. Pol'y 1, 2005

Christian Service in the Practice of Law, 32 Pepp. L. Rev. 451, 2005

Legislative Restraint in the Confirmation Process, 38 U. Rich. L. Rev. 597, 2004

Shoddy Construction: Kenneth Starr Responds, Legal Affairs, May-June, 2002

2000 J.A. Vickers, Sr. and Robert F. Vickers, Sr. Memorial Lecture, 49 U. Kan. L. Rev. 631, 2001

Keynote Address (Symposium: Legal Education at the Threshold of the New Millenium), 15 St. John's J. Legal Comment, 253, 2001

Reflections on Federalism, 25 Okla. City U. L. Rev. 813, 2001

The Independent Counsel Act (at p. 727), Symposium Summation (at P. 785) (Twenty Five Years After Watergate: The Impact on Legal Ethics and the Investigation of Public Corruption), 51 Hastings L. J. 727, 785, 2000

Forword to Recent Decisions of the United States Court of Appeals for the District of Columbia, 68 Geo. Wash. L. Rev. 579, 2000

Lessons Learned from the Recent Past (Reflections by Kenneth Starr After Having Left Office of Independent Counsel), 8 Geo. Mason L. Rev. 349, 1999

Truth and Truth-Telling, 30 Tex. L. Rev. 901, 1999

The Man from Minnesota: A Remembrance from Things Past, 74 Tex. L. Rev. 223, December, 1995

Rule of Supreme Court Needs a Management Revolt, 3:1 Long TermView, Mass. Sch. L. Andover 47, 1995

Law and Lawyers: The Road to Reform, 63 Fordham L. Review 959, March, 1995

Punitive Damages: Judicial and Legislative Reforms in State Civil Justice Reform, National Legal Center 1994 (co-authored)

Liberty and Equality Under the Religion Clauses of the First Amendment, 1 B.Y.U. L. Rev. 1, 1993

Byron R. White: The Last New Dealer, 103 Yale L.J. 37, 1993

The Supreme Court and the Federal Judicial System, 42 Case W. Res. L. Rev. 1209, 1992

"Overview," in A Plan to Improve America's System of Civil Justice from the President's Council on Competitiveness, 1 National Legal Center, 1992

William Howard Taft: The Chief Justice as Judicial Architect, 60 U. Cin. L. Rev. 963, 1992

The Courts of Appeals and the Future of the Federal Judiciary, 1991 Wis. L. Rev. 1

Liberty and Privacy: Some Modest Reflections, 87 The Public Interest Law Review 1991 (Terry Eastland ed.)

The Supreme Court and the Future of American Constitutional Law, 25:3 Int'l Soc'y of Barristers Q. 351, July, 1990

Perspectives on the Judiciary, 39 Am. U.L. Rev. 480, 1990

The Supreme Court and the Future of the Federal Judiciary, 32 Ariz. L. Rev. 211, 1990

The Supreme Court, the Constitution and the Rule of Law, 73:3 Judicature 159, Oct-Nov, 1989

Rediscovering Economic Liberties, 41 Rutgers L. Rev. 766, 1989

The Judiciary and Foreign Affairs: Reflections on Separation of Powers in the Bicentennial Era, 8-1 Southwestern Legal Foundation: Private Investors Abroad-Problems and Solutions in International Business in 1988, 1989

The Establishment Clause, 41 Okla. L. Rev. 477, 1988

Of Forests and Trees: Structuralism in the Interpretation of Statutes, 56 Geo. Wash. L. Rev. 703, 1988

The Relationship of Church and State: The Views of the Founding Fathers, Sup. Ct. Hist. Soc'y Y.B. 24, 1987

Judicial Review of Administrative Action in a Conservative Era, 39 Admin. L. Rev. 353, 1987

A Tribute to Chief Justice Warren E. Burger, 100 Harv. L. Rev. 971, 1987

Observations About the Use of Legislative History, Duke L.J. 371, 1987

Chief Justice Burger's Contribution to American Jurisprudence, Sup. Ct. Hist. Soc'y Y.B. 18, 1986

The Impetus for Sentencing Reform in the Criminal Justice System, in Crime and Punishment in Modern America, P. McGuigan & J. Pascale ed., 1986

The Shifting Panorama of Attorney's Fees Awards: The Expansion of Fee Recoveries in Federal Court, 28 S. Tex. L.J. 189, 1986

Judicial Review in the Post-Chevron Era, 3 Yale J. on Reg. 283, 1986

The Seamless Web of State and Federal Law, 26 S. Tex. L.J. 175, 1985

Proposed Reform for Federal Habeas Corpus, 1 Duke Law Magazine 10, 1983

Congress and the Conglomerate Merger Phenomenon: The Introduction of Antitrust Proposals to Address Non-Antitrust Concerns (co-authored), 17 Harv. J. on Legis. 209, 1980

Federal Judicial Invalidation as a Remedy for Irregularities in State Elections, 49 N.Y.U., L. Rev. 1092, 1974

Note, Judicial Review-Actions Reviewable, Duke L.J. 115, 276, 1972

The Framework of Anglo-Soviet Commercial Relations: The British Way, 37 Law Contemp., Probs. 448, 1972

First Among Equals: The Supreme Court in American Life, Warner Books, 2002

Juries and Justice, Washington, D.C., National Legal Center, 2000

Uncork the Law, The Wall Street Journal, February 3, 2004

McCain-Feingold Will Wreck American Politics, The Wall Street Journal, August 22, 2003

Classes/Seminars Taught:
Adjunct Professor at New York University School of Law, taught Constitutional Law

Honors and Awards:
Pepperdine University School of Law, Honorary Doctor of Laws Degree

Duke Law Alumni Association Charles S. Murphy Award

Capital University, Honorary Doctor of Laws Degree

Shenandoah University, Honorary Doctor of Laws Degree

U.S. Industrial Council Educational Foundation American Values Award

The John Marshall School of Law, Honorary Doctor of Laws Degree

Attorney General's Award for Distinguished Service

Hampden-Sydney College, Honorary Doctor of Laws Degree

George Washington University Distinguished Alumni Achievement Award

First Place, ABA Judge Edward R. Finch Speech Award Competition, Law Day

Edmund J. Randolph Award for Outstanding Service in the Department of Justice

Phi Delta Phi Outstanding Graduate Award

Professional Associations and Memberships:
Institute of Judicial Administration, 1991 - 1998

Council for Court Excellence, 1994 - 1998

American Bar Association, 1992 - 1998
Board of Editors, American Bar Association Journal

American Bar Association
Ad Hoc Committee on Death Penalty Costs & Impact

American Bar Association, 1981 - 1982
Vice-Chairman, Ad Hoc Committee on Act of State Doctrine

American Bar Association, 1985 - 1987
Chairman, Committee on Preemption, Appellate Judges Conference

American Bar Association, 1988 - 1989
Executive Committee, Appellate Judges Conference

American Bar Association, 1990 - 1992
Governmental Representative, Litigation Section

American Law Institute

American Bar Foundation

American Inns of Court Foundation, 1993 - 2000
Board of Trustees

Supreme Court Historical Society, 1993 - Present
Board of Trustees

American Judicature Society, 1994 - Present
Board of Directors

Task Force of the National Center for Innovation in Corrections, 1981 - 1985

1987 Canadian-American Legal Exchange

Judicial Fellows Commission, 1985 - 1990

Bicentennial of the U.S. Constitution, 1985 - 1989
Member, Judicial Conference Committee

American Inns of Court, 1990 - Present
Master of the Bench

Federal Civil Justice Reform Working Group, 1990 - 1992

National Legal Center for the Public Interest, 1993 - Present
Legal Advisory Council

Washington Legal Foundation, 1993 - Present
Legal Policy Advisory Board

Historical Society of the District of Columbia Circuit, 1993 - Present
Board of Directors

Lawyers Committee of the Shakespeare Theatre, Washington, D.C., 1996 - Present
Executive Council

Institute of United States Studies, University of London, 1994 - 2002
Advisory Board

Shenandoah University (1992-present)
Board of Trustees

The American University, 1992 - 1996
Board of Trustees

Duke University School of Law, 1988 - 1993
Board of Visitors

The Barristers, Duke University School of Law, 1995 - 1996

The Barristers Colleagues, Duke University School of Law, 1996 - 1998

Duke Law Journal
Advisory Committee

Brigham Young University, J. Reuben Clark Law School, 1989 - 1991
Board of Visitors

University of Arizona College of Law, 1990 - 1994
Board of Visitors

Pepperdine University School of Law, 1992 - Present
Board of Visitors

Past Employment Positions:
U.S. Attorney William French Smith, Counselor, 1981 - 1983

United States Court of Appeals, District of Columbia Circuit, Judge, 1983 - 1989

United States, Solicitor General, 1989 - 1993

Honorable David W. Dyer, U.S. Court of Appeals Fifth Circuit, Law Clerk, 1973 - 1974

Honorable Warren E. Burger, Chief Justice, U.S. Supreme Court, Law Clerk, 1975 - 1977

Independent Counsel, 1994 - 1999

Pepperdine University School of Law (Summer 1993, Summer 2002), Visiting Professor

Stamford University College of Law, Canterbury, England, Visiting Professor

Kirkland & Ellis LLP, Partner

Gibson, Dunn & Crutcher, Partner

Birth Information:

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