Wayne McCormack

E. W. Thode Professor of Law

Professor McCormack received a B.A. from Stanford University and a J.D. from the University of Texas, where he graduated Order of the Coif and was associate editor of the Texas Law Review. After graduation he clerked for Judge Walter Ely of the U.S. Court of Appeals for the Ninth Circuit and then taught at the University of Georgia School of Law. He also served as Associate Director of the Association of American Law Schools from 1975-78. Professor McCormack joined the faculty at the University of Utah S.J. Quinney College of Law in 1978 and served as Associate Dean for Academic Affairs from 1978-82, 1984-87, and 1993-94. From 1997-2002 he coordinated the University of Utah's involvement with the 2002 Olympic Winter Games, and that experience led to security planning for major events and interest in international legal issues, including the law related to terrorism.

Professor McCormack teaches constitutional law, counter-terrorism and the international law of crimes, and civil procedure.

Scholarship Highlights

Books and Monographs

Legal Responses to Terrorism (Lexis/Nexis 2d ed. 2008)

Understanding the Law of Terrorism (Lexis/Nexis 2008)

Constitutional Law: Principles and Policy, co-authored with Jerome Barron, Thomas Dienes, & Martin Redish (3d ed. 1987, 4th ed. 1992, 5th ed. 1996, 6th ed. 2002, 7th ed. 2006, with annual supplements, Lexis/Nexis)

Values and Violence, editor (Springer 2008)

Federal Courts (Matthew Bender 1984)

The Bakke Decision: Implications for Higher Education Admissions (ACE and AALS 1978)

Book Chapters

Judiciary, Military, and the Harshness of Violence, in The Culture of Judicial Independence (Shimon Shetreet ed., Koninklijke Brill, forthcoming 2010)

Prosecuting Terrorism - Models for Confronting Organized Violence, in Transnational Perspectives on Prosecutorial Power (Erik Luna & Marianne Wade eds., forthcoming 2010)

Legal Regimes Affecting Migration, co-authored with Tony Angie, in Migration in the 21st Century: Rights, Outcomes, and Policy (Routledge 2010)

Values Implicated in the Struggle with Terrorism: War, Crime, and Prevention, in Values and Violence (Springer 2008)

Recent Articles

The War on the Rule of Law, 101 J. Nat'l Security F. 36 (2010)

Defining Terrorism: Perfection as Enemy of the Possible, co-authored with Jeff Breinholt, International Assessment and Strategy Center (Jan. 17, 2007)

A Simplified Introduction to Legal Argument, 2006 Utah L. Rev. 35

Inchoate Terrorism: Liberalism Meets Fundamentalism, 37 Geo. J. Int'l. L. 1 (2005)

Emergency Powers and Terrorism, 185 Mil. L. Rev. 69 (2005)

Lochner, Liberty, Property and Human Rights, 1 N.Y.U. J. L. & Liberty 432 (2005)

Military Detentions and the Judiciary: al-Qaida, the KKK, and Supra-State Law, 5 San Diego J. Int'l L. 7 (2004)

Patriot, Privacy and Politics, Hous. Law. (Jan/Feb 2004)