Patrick McKinley Brennan
Professor of Law
John F. Scarpa Chair in Catholic Legal Studies
Biography
Patrick McKinley Brennan came to Villanova in 2004 as the inaugural holder of the John F. Scarpa Chair in Catholic Legal Studies and later also served as associate dean for academic affairs. Previously, he was professor of law and vice dean at the Sandra Day O’Connor College of Law, Arizona State University, where he taught for eight years.
Brennan has published five books: Christian Legal Thought: Materials and Cases (Foundation Press, 2017) (with Brewbaker), By Nature Equal: The Anatomy of a Western Insight (Princeton University Press, 1999) (with Coons); Civilizing Authority: Society, State, and Church (Lexington, 2007); The Vocation of the Child (Eerdmans, 2008); Legal Affinities: Explorations in the Legal Form of Thought (Carolina Academic Press, 2014) (with Powell and Sammons).
Brennan has also published more than eighty articles, essays, and book chapters, some of which have appeared in Michigan Law Review, University of Pennsylvania Law Review, Boston College Law Review, Notre Dame Law Review, Emory Law Journal, Law and Philosophy, Review of Metaphysics, Journal of Law and Religion, and American Journal of Jurisprudence.
Brennan’s scholarship currently focuses on common-good constitutionalism, equality, political friendship, and forgiveness.
Brennan has regularly taught constitutional law, administrative law, federal courts, criminal law, and a wide range of courses in jurisprudence, law and religion, Christian legal thought, and political theory.
At Villanova, Brennan organizes the annual "John F. Scarpa Conference on Law, Politics and Culture." The dozens of distinguished speakers at the annual conference have included Justice Antonin Scalia, Judge John T. Noonan Jr., Judge Stephanos Bibas, Martha Nussbaum, Joseph Vining, Jeremy Waldron, Geoff Stone, Lee Bollinger, Roderick Hills, Jane Schacter, Paul Kahn, Kristin Hickman, John Manning, Gillian Metzger, Adrian Vermeule, H. Jefferson Powell, Henry Paul Monaghan, James Gordley, Kathryn Tanner, William Eskridge, John Finnis, Peter Steinfels, Nomi Stolzenberg, Candace Vogler, Irene Joe, Cecelia Klingele and Matthew B. Crawford. Among the ecclesiastical dignitaries who have spoken at the conference are William Cardinal Levada, Avery Cardinal Dulles, S.J. and Archbishop Charles J. Chaput, OFM, Cap.
In 2014, Brennan was awarded the degree D. Litt. (honoris causa) by the Dominican School of Philosophy and Theology (Berkeley), where he serves as a fellow. Brennan has served as an elected member of the editorial board of the American Journal of Jurisprudence and as an elected member of the executive council of the American Catholic Philosophical Association.
Brennan majored in philosophy at Yale, earned an M.A. in philosophy at the University of Toronto, and then graduated Berkeley Law, where he was elected to the Order of the Coif. Following law school, Brennan clerked for the Honorable John T. Noonan Jr., on the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, after which he was associated with major law firms in San Francisco and Washington, DC. He is a native of California.
Practice Experience
- Professor of Law, Sandra Day O’Connor College of Law at Arizona State University.
- Associate Dean for Faculty Affairs and Research, Sandra Day O’Connor College of Law at Arizona State University.
- Vice Dean, Sandra Day O’Connor College of Law at Arizona State University.
- Judicial Clerk for Honorable John T. Noonan, Jr., on the U.S. Court of Appeals for the Ninth Circuit, in San Francisco.
Recent Publications
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"Can Laws and Rights Teach? John Witte on the Uses of the Law", Book Chapter, Emory University, August 2024
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"Can Rights Teach? John Witte and 'The Uses of the Law'", Book Chapter, Brill, April (2nd Quarter/Spring) 2024
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"The Forgiveness of Love in Charity: Getting Conversationally Opened Up", Book Chapter, Routledge, April (2nd Quarter/Spring) 2023
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Punishment Among Friends: Charity-love as the First and Universal Criterion of Criminal Justice Reform, Book Chapter, Scholarly, New , February 2022
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John Noonan on the Development of Doctrine and Capital Punishment: A Cautionary Tribute from the Time of Pope Francis, Article, Academic Journal2020
Recent Presentations
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'18th Annual John F Scarpa Conference', “A Response to Matthew Crawford on the Creeping Antihumanism in Culture and Law", Villanova Law, Villanova University. February 2024
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'16th Annual John F Scarpa Conference on Law, Politics, and Culture', "When All Human Conflict Becomes Theological", VLS, VLS. May 2022
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'Catholic Perspectives on Criminal Justice Reform', "Punishment among Friends", University of Wisconsin, Center for Study of Liberal Democracy, and Catholic Criminal Justice Reform Network, University of Wisconsin, Madicon. February 2022
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'15th Annual John F Scarpa Conference on Law, Politics, and Culture', "The Place of the Supernatural in the Public Life of Our Catholic President", Villanova Law, Villanova remote conference. April 2021
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'14th Annual John F Scarpa Conference on Law, Politics, and Culture', "Theologically Overcoming 'Accommodation' as a Way of Living Politically and Legally", Villanova Law, Villanova Law. September 2019
Office: Rm 224, John F. Scarpa
Phone: 610-519-7073
Fax: 610-519-6837
Courses and Seminars
- Administrative Law
- Christian Legal Thought
- Constitutional Law
- Criminal Law
- Jurisprudence
- Justice and Rights
- Law, Politics, and Human Nature: The Teachings of Modern Christianity
Education
- Berkeley Law (Boalt Hall), U.C. Berkeley, JD
- University of Toronto, MA
- Yale College, BA in philosophy with honors and distinction