Randy J. Kozel

Associate Dean for Faculty Development
Diane and M.O. Miller II Research Professor of Law

Office: 2118 Eck Hall of Law
Phone: 574.631.2727
Fax: 574.631.8078
Email: rkozel@nd.edu
Staff Assistant: Gloria Krull
CV: View
SSRN: View

Randy Kozel joined the Law School faculty in 2011. He was named the Distinguished Teacher of the Year by the Class of 2014. He also directs the Notre Dame Program on Constitutional Structure.

Kozel teaches and researches in fields including constitutional law, federal courts, information privacy, and contract law, with a particular focus on the role of precedent in legal decision making. His recent scholarship exploring the connection between precedent and interpretive philosophy has been published or is forthcoming in journals including the Northwestern University Law Review, the Michigan Law Review, the California Law Review, the Vanderbilt Law Review, and the Texas Law Review. His book, entitled Settled Versus Right: A Theory of Precedent, makes the case for using precedent to bridge interpretive disagreements.

Kozel received his J.D., magna cum laude, from Harvard Law School, where he was the Articles Committee Chair of the Harvard Law Review. He served as a law clerk for U.S. Supreme Court Justice Anthony M. Kennedy and for Judge Alex Kozinski at the U.S. Court of Appeals for the 9th Circuit. He has also practiced as a litigator with a large law firm and as Special Counsel to the General Counsel at General Electric Company.

Courses Taught

Freedom of Speech
Legal Change Seminar
Information Privacy Law



Settled Versus Right: A Theory of Precedent (Cambridge University Press 2017)

Selected Articles, Essays, and Reviews

Statutory Precedents, Administrative Deference, and the Continuity of Law, 97 Texas Law Review (forthcoming 2019)

Precedent and Constitutional Structure, 112 Northwestern University Law Review 789 (2018)

Precedent and Speech, 115 Michigan Law Review 439 (2017)

Discretionary Dockets, 31 Constitutional Commentary 221 (2016) (with Jeff Pojanowski)

Stare Decisis in the Second-Best World, 103 California Law Review 1139 (2015)

Original Meaning and the Precedent Fallback, 68 Vanderbilt Law Review 105 (2015)

The Scope of Precedent, 113 Michigan Law Review 179 (2014)

Institutional Autonomy and Constitutional Structure, 112 Michigan Law Review 957 (2014)

Settled Versus Right: Constitutional Method and the Path of Precedent, 91 Texas Law Review 1843 (2013). Republished as abridged in Precedent on the U.S. Supreme Court: Theory and Practice (Christopher J. Peters, ed.) (2014)

The Rule of Law and the Perils of Precedent, 111 Michigan Law Review First Impressions 37 (2013)

Precedent and Reliance, 62 Emory Law Journal 1459 (2013)

Free Speech and Parity: A Theory of Public Employee Rights, 53 William & Mary Law Review 1985 (2012)

Administrative Change, 59 UCLA Law Review 112 (2011) (with Jeff Pojanowski)

Stare Decisis as Judicial Doctrine, 67 Washington & Lee Law Review 411 (2010)

Reconceptualizing Public Employee Speech, 99 Northwestern University Law Review 1007 (2005)

Solving the Nuisance-Value Settlement Problem: Mandatory Summary Judgment, 90 Virginia Law Review 1849 (2004) (with David Rosenberg)

Areas of Expertise

  • Constitutional Law
  • Constitutional Theory
  • Contracts
  • Federal Courts
  • Free Speech & Expressive Association
  • Judicial Process
  • Precedent & Legal Change
  • Stare Decisis
  • Supreme Court of the United States