Daniel Epps

Howard and Caroline Cayne Distinguished Professor of Law

Office

Anheuser-Busch Hall
Room 573

Faculty Assistant

Rachel Mance

rmance@wustl.edu

(314) 935-6403

Featured Scholarship


About Daniel Epps

Professor Daniel Epps writes at the intersection of constitutional law and theory, federal courts, and criminal law and procedure. His scholarship has appeared or will appear in the Harvard Law Review, the Yale Law Journal, the Columbia Law Review, the Michigan Law Review, the New York University Law Review, the University of Pennsylvania Law Review, the Southern California Law Review, the Vanderbilt Law Review, the Virginia Law Review, and the American Law & Economics Review. His writing for popular audiences has appeared in The New York Times, The Wall Street Journal, The Washington Post, The Guardian, Vox, The Atlantic, and The Washington Monthly.

As a nationally recognized expert on the U.S. Supreme Court, Professor Epps is regularly quoted in the media. He has particular expertise in Supreme Court reform, where his work is influencing major policy debates. After presidential candidate Mayor Pete Buttigieg endorsed his and Ganesh Sitaraman’s proposal to restructure the Supreme Court, the plan received widespread attention in the popular press. A pioneering legal podcaster, he currently co-hosts Divided Argument with Professor William Baude, a podcast that analyzes the Court’s work. Professor Epps is an experienced Supreme Court litigator, whose notable practice experience includes serving as co-counsel for the defendant in Ocasio v. United States and drafting the successful petition for certiorari and merits briefing in Walden v. Fiore. He also served as a Special Counsel for Senator Sheldon Whitehouse during the Senate confirmation process for then-Judge Amy Coney Barrett.

Professor Epps received his A.B. summa cum laude with highest distinction in philosophy from Duke University and his J.D. magna cum laude from Harvard Law School, where he was Articles Co-Chair of the Harvard Law Review and won the John M. Olin Law & Economics Prize. After law school, he clerked for Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and for Justice Anthony M. Kennedy of the Supreme Court of the United States. He then spent several years as an appellate specialist at King & Spalding LLP in Washington, D.C. While in practice, he also co-taught Supreme Court Decision-making at the University of Virginia School of Law. Immediately prior to joining WashULaw, he was a Climenko Fellow and Lecturer on Law at Harvard Law School.

Education

  • J.D. magna cum laude, Harvard Law School, 2008
  • A.B. summa cum laude (with highest distinction in Philosophy), Duke University, 2004

Courses

  • Constitutional Law
  • Criminal Procedure: Adjudication
  • Criminal Procedure: Investigation
  • Criminal Law
  • Public Law Theory

Areas of Expertise

  • Constitutional Law & Theory
  • Federal Courts
  • Criminal Law & Procedure
  • U.S. Supreme Court

Scholarship

SSRN Author Page

Selected Articles & Essays

Selected Commentary

 

Media

New York Times | Quote | April 28, 2025

CBS News | Quote | July 9, 2025

The Economist | Quote | September 7, 2023

Bloomberg Law | Quote | May 16, 2024

USA Today | Quote | July 11, 2025

The Nation | Podcast Episode | August 1, 2023

The New York Times | Quote | June 15, 2023

Roll Call | Quote | January 20, 2023

The New York Times | Quote | May 12, 2023

Wall Street Journal | Article | August 14, 2024

The New York Times | Quote | November 13, 2023

The New York Times | Quote | July 16, 2025

The New York Times | Quote | July 16, 2025

Bloomberg Law | Quote | January 20, 2023

The Washington Post | Quote | January 19, 2023

CBS News | Quote | September 12, 2025

Our Common Purpose | Working Group Member | October 25, 2023

Washington Monthly | Article | July 30, 2024

Columbia Law Review | Essay | November 8, 2023

We the People | Podcast Episode | September 7, 2023

Divided Argument | Article | May 21, 2025

Legal Dive | Quote | December 20, 2024

Scripps News | Quote | June 27, 2024

Honors & Awards

  • Best Submitted Paper in Constitutional Law, Public Choice, & Political Economy, 2023 American Law & Economics Association Annual Meeting (for The Endgame of Court-Packing)
  • 2023 Harvard/Stanford/Yale Junior Faculty Forum (for The False Promise of Jurisdiction Stripping)
  • Honorable Mention, Scholarly Papers Competition, American Association of Law Schools (2018) (for The Lottery Docket)
  • Finalist, Junior Scholars Paper Competition, Criminal Justice Section, American Association of Law Schools (2016) (for Adversarial Asymmetry in the Criminal Process)
  • Exemplary Legal Writing, The Green Bag Almanac & Reader (2013) (for Brief of Professor Stephen E. Sachs as Amicus Curiae, Atlantic Marine Construction Co. v. U.S. District Court, 134 S. Ct. 568 (2013) (as co-counsel with Jeffrey S. Bucholtz & Stephen E. Sachs))