H. Jefferson Powell

Professor of Law

Constitutional LawConstitutional HistoryFirst Amendment

H. Jefferson Powell has been on the Duke Law faculty since 1989 and is a distinguished scholar of constitutional law, history, and ethics. He served in the U.S. Department of Justice from 1993 to 2000, including as principal deputy solicitor general in 1996, and again in 2011-2012. He holds degrees from the University of Wales, Duke University (M.A. and Ph.D.), and Yale University (M.Div. and J.D.), and received Duke's Scholar/Teacher Award in 2002. He became the first director of Duke's First Amendment Clinic.

Teaching Style

Professor Powell is a deeply learned scholar who brings historical depth and ethical rigor to the Socratic classroom. His teaching integrates constitutional doctrine with historical and philosophical inquiry, pushing students to understand the moral dimensions of constitutional decision-making. He is known for probing, thoughtful questions that challenge students to think beyond mechanical rule application. His experience as principal deputy solicitor general informs his practical insights.

Cold Call Tips

  1. 1Read the historical context of constitutional provisions as carefully as the case law
  2. 2Be prepared to discuss the ethical dimensions of constitutional arguments and judicial decisions
  3. 3Understand the evolution of executive power doctrine from the founding era to the present
  4. 4For First Amendment discussions, know both the doctrinal tests and their historical origins

Areas of Expertise

Constitutional HistoryExecutive PowerFirst AmendmentConstitutional EthicsAmerican Legal History

Education

  • J.D., Yale University
  • M.Div., Yale University
  • Ph.D., Duke University
  • B.A., University of Wales, St. David's University College

Notable Publications

  • The President's Authority over Foreign Affairs
  • Constitutional Conscience: The Moral Dimension of Judicial Decision

Research Interests

Constitutional History and InterpretationExecutive Branch Constitutional AuthorityMoral Dimensions of Constitutional LawFirst Amendment Theory and PracticeRole of the Constitution in Governance

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