Faculty Experts Guide

Derek Muller, J.D.

Derek Muller, J.D.

Associate Professor of Law

Contact Information

Phone: (310) 506-7058
Blog: Excess of Democracy
School: School of Law
Location: Malibu

Areas of Expertise

  • Election law
  • Federal civil litigation
  • Legal education

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Professor Muller's research and writing focus on election law, particularly federalism and the role of states in the administration of elections. His work has been selected for publication in the Indiana Law Journal, the Arizona State Law Journal, and the Election Law Journal. At Pepperdine, he teaches in the areas of election law, civil procedure, evidence, and complex litigation.

Before joining the Pepperdine faculty in 2011, Professor Muller clerked for the Honorable Raymond W. Gruender on the U. S. Court of Appeals for the Eighth Circuit in St. Louis, Missouri. He then practiced litigation at Kirkland & Ellis LLP in Chicago, where he dealt with white collar criminal defense, commercial contract disputes, derivative shareholder suits and appellate litigation. Professor Muller then served as a visiting assistant professor and Shughart Scholar at the Pennsylvania State University Dickinson School of Law, where he taught Civil Procedure and Federal Courts. He is admitted to practice in the state of Illinois.

Professor Muller in the News

Why Did So Many People Flunk the Bar Exam This Year?, Businessweek.com

Mary Landrieu's residency isn't up to courts, it's up to Congress, The Times-Picayune


J.D., University of Notre Dame
B.A., Hillsdale College


  • Scrutinizing Federal Electoral Qualifications, 90 Ind. L.J. (forthcoming) SSRN
  • The Play in the Joints of the Election Clauses, Election L.J. 310 (2014) (peer reviewed) (solicited) SSRN
  • Judicial Review of Congressional Power Before and After Shelby County v. Holder, 8 Charleston L. Rev. 287 (2013) (solicited) SSRN
  • Disfavored Candidates and the Democracy Canon, 65 Fla. L. Rev. Forum 1 (2013) (solicited) SSRN
  • Invisible Federalism and the Electoral College, 44 Ariz. St. L.J. 1237 (2012) SSRN 
  • More Thoughts on the Compact Clause and the National Popular Vote: A Response to Professor Hendricks, 7 Election L.J. 227 (2008) (peer reviewed) (solicited) SSRN
  • The Compact Clause and the National Popular Vote Interstate Compact, 6 Election L.J. 372 (2007) (peer reviewed) SSRN
  • "As Much Upon Tradtion As Upon Principle": A Critique of the Privilege of Necessity Destruction Under the Fifth Amendment, 82 Notre Dame L. Rev. 481 (2006) HeinOnline

Popular Press

  • Mary Landrieu's Residency Isn't Up to Courts, It's Up to CongressNOLA.com, Sept. 1, 2014.
  • Fix Michigan Election Law, Detroit News, May 19, 2014.