Todd C. Peppers

Biography

Todd C. Peppers concentrates his practice on general civil litigation with an emphasis on complex litigation, product liability, and toxic tort. Peppers participates in all phases of the defense of litigation matters, from initial discovery through dispositive motions, expert discovery, and trial.  After graduating from law school, Peppers clerked for the Honorable Thomas M. Shanahan (D. Neb.) and the Honorable Glen E. Conrad (W.D. Va.). He subsequently earned his Ph.D. in Political Science from Emory University in Atlanta, Georgia. Peppers worked as an associate and of counsel at Hawkins and Parnell from 1999 to 2006 before returning to the firm in April of 2025. From 2011 to 2025, Peppers was a visiting professor of law at the Washington and Lee School of Law, where he taught Administrative Law, Constitutional Law, Civil Litigation Practicum, and Torts. He also held the Fowler Chair in Public Affairs at Roanoke College. 

Services

Education

  • Emory University  (Ph.D, 2003)
  • University of Virginia School of Law  (J.D., 1994)
    • Virginia Law Weekly
  • Washington and Lee University  (B.A., summa cum laude, 1990)
    • Phi Beta Kappa
    • Omicron Delta Kappa

Bar Admissions

  • Virginia

Courts

  • U.S. District Court for the Western District of Virginia

Professional Affiliations

  • Supreme Court Historical Society
  • Journal of Supreme Court History
    • Editorial Board

Charitable & Civic Involvement

  • Board of Directors, Virginians for Alternatives to the Death Penalty

Presentations

  • Panelist, "Holmes." Revolutionary Spaces, Boston, March 17, 2025.
  • Speaker, “Crossing the River Styx.”  Library of Virginia, September 14, 2023.
  • Speaker, “Supreme Court Preview.” Roanoke Bar Association, September 12, 2023.
  • Panelist, “Crossing the River Styx: The Memoir of a Death Row Chaplain.” American University, Washington College of Law, March 23, 2023.
  • Panelist, Federalist Society’s “SCOTUS Review Series.” Washington & Lee School of Law, October 27, 2022.
  • Moderator, “Conversations with Four Former Death Row Inmates.” Revoking Irrevocable Punishment Symposium. Washington & Lee School of Law, February 10, 2022.
  • Speaker, “NOKELive: Of Courtiers and Princes.” Roanoke College, March 3, 2021.
  • Panelist, “What Happened at the Capitol? Religion, Social Movements and Free Speech.”  Roanoke College, March 2, 2021.
  • Panelist, “Supreme Court Reform.” Washington & Lee School of Law, February 9, 2021.
  • Speaker, “Holmes.” Roanoke Bar Association, February 9, 2021.
  • Panelist, “Notorious: The Legacy of RBG.” Washington & Lee School of Law, October 16, 2020.
  • Speaker, Annual Meeting of the Capitol Page Alumni Association, October 16, 2020.
  • Panelist, “Supreme Court Review.” Washington & Lee School of Law, September 10, 2020.
  • Panelist, “Supreme Court Review.” Washington & Lee School of Law, September 2019.
  • Lecturer, “Requiem for a Courageous Fool: A Discussion of the Life and Work of Marie Deans.”  Roanoke Bar Association, February 12, 2019.
  • Lecturer, “Requiem for a Courageous Fool: A Discussion of the Life and Work of Marie Deans.” Fintel Library, Roanoke College, March 29, 2018.
  • Lecturer, “A Courageous Fool: Marie Deans and Her Struggle against the Death Penalty.”  Washington & Lee School of Law, November 1, 2017.
  • Panelist, “Supreme Court Review.” Washington & Lee School of Law, September 21, 2017.
  • Lecturer, “A Courageous Fool: Marie Deans and Her Struggle against the Death Penalty.”  The Potter’s House, September 9, 2017.
  • Faculty Sponsor and Moderator, “From Conviction to Clemency. Commonwealth of Virginia v. Giarratano: A Case Study in the Modern Death Penalty.” Washington & Lee School of Law, February 5-6, 2016.
  • Panelist, “Power in the Law: Who Will Follow a Strong Woman?” Lara D. Gass Symposium on Women in the Law, Washington & Lee School of Law, October 31, 2015.
  • Lecturer, “The Life and Death of Douglas Christopher Thomas.” Radford University, October 20, 2015.
  • Panelist, “Supreme Court Review.” Washington & Lee School of Law, September 28, 2015.
  • Co-sponsor and organizer, “Judicial Assistants or Junior Justices: The Hiring, Utilization, and Influence of Law Clerks.” Marquette University Law School Symposium, April 11-12, 2014.
  • Moderator, “Using Simulation-Based Courses to Teach Law Students.” Annual Meeting of the Southeastern Association of Law Schools, August 2013.
  • Panelist, “A Supreme Court Book Forum.” The Supreme Court Institute, Georgetown Law Center, October 22, 2012.
  • Panelist, “Supreme Court Review.” Washington & Lee School of Law, September 17, 2012.
  • Moderator, “Social Science and the Law.” Annual Meeting of the Southeastern Association of Law Schools, July 2012.
  • Panelist, “Courtwatchers: Eyewitness Accounts in Supreme Court History.” D.C. Area Legal History Roundtable, George Mason Law School, October 14, 2011.
  • Panelist, “Teaching Empirical Methods to Law Students.”  Annual Meeting of the Southeastern Association of Law Schools, August 2011. 
  • Lecturer, “The Death Penalty in Modern America.” Stetson University, October 18, 2010.
  • Panelist, “New Empirical and Theoretical Work on Judging and the Judicial Process.”  Annual Meeting of the Southeastern Association of Law Schools, August 2010.
  • Invited Participant, National Law Journal Online Panel on the Retirement of Associate Supreme Court Justice John Paul Stevens.  April 2010.
  • Lecture, “Supreme Court Law Clerks.” Meeting of the Roanoke Bar Association, Roanoke, Virginia.
  • Panelist, “The Past, Present, and Future of Law Clerks.” Annual Meeting of the Southeastern Association of Law Schools, August 2007.
  • Panelist, “Authors’ Meet Critics Roundtable on Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk and Sorcerers’ Apprentices: 100 Years of Law Clerks at the United States Supreme Court.” Annual Meeting of the Southern Political Science Association, January 2007.

Publications

Books and Edited Volumes of Essays:

  • "The Slow Death of the Death Penalty: Toward a Postmortem." NYU Press (June 2025) (with Mary Atwell and Jamie Almallen).
  • "Crossing the River Styx: Memoir of a Death Row Chaplain." University of Virginia Press (March 2023) (with Russ Ford and Charles Peppers).
  • Edited volume: "Of Courtiers and Princes: Stories of Lower Court Clerks and Their Judges." University of Virginia Press (February 2021).
  • "A Courageous Fool: Marie Deans and Her Fight against the Death Penalty." Vanderbilt University Press (July 2017) (with Margaret Anderson).
  • Edited volume: "Of Courtiers & Kings: More Stories of Supreme Court Law Clerks and Their Justices." University of Virginia Press (December 2015) (with Clare Cushman).
  • Edited volume: "In Chambers: Stories of Supreme Court Law Clerks and Their Justices." University of Virginia Press (February 2012) (with Artemus Ward).
  • "Anatomy of an Execution: The Life and Death of Douglas Christopher Thomas." Northeastern University Press (November 2009) (with Laura Anderson).
  • "Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk." Stanford University Press (April 2006).
  • Edited volume: "Of Courtiers and Princes: Stories of Lower Court Clerks and Their Judges." University of Virginia Press (February 2021).

Book Chapters:

  • “Family Traditions: Parents and Children Who Have Clerked at the Court.” Of Courtiers and Kings: More Stories of Supreme Court Law Clerks and Their Justices. University of Virginia Press (December 2015).
  • “Of Cert. Petitions and LBJ: Clerking for Justice Abe Fortas.” Of Courtiers and Kings: More Stories of Supreme Court Law Clerks and Their Justices. University of Virginia Press (December 2015) (with Chad Oldfather and Bridget Tainer-Parkins).
  • “Summer Vacation with Will and Misch: Chief Justice William Howard Taft and his Law Clerks.” Of Courtiers and Kings: More Stories of Supreme Court Law Clerks and Their Justices. University of Virginia Press (December 2015).
  • “The Modern Clerkship:  Justice Ruth Bader Ginsburg and Her Law Clerks.” In Chambers: Stories of Supreme Court Law Clerks and Their Justices University of Virginia Press (February 2012).
  • “Half-Clerk, Half-Son: Justice Felix Frankfurter and His Law Clerks.” In Chambers: Stories of Supreme Court Law Clerks and Their Justices University of Virginia Press (February 2012) (with Beth See Driver).
  • Law Reviews and Legal Journals:
  • “Supplementing the Record: The Life and Career of Judge Edmund L. Palmieri.” The Federal Lawyer (forthcoming, 2024). With Bridget Tainer-Parkins.
  • “Thoughts on Law Clerk Diversity and Influence.” Harvard Law Review Vol. 137, no. 99 (December 2023): 109-132.               
  • “Being in the Room Where it Happened: Celebrating Virginia’s First Female Law Clerks.” Washington and Lee Journal of Civil Rights and Social Justice Vol. 29, No. 4 (Spring 2023): 41-66 (with Anne Rodgers).
  • “From Natchitoches to Nuremberg: The Life of Legal Pioneer Lyria Dickason.” Loyola Law Review: The Forum (April 2023).
  • “Gertrude Jenkins, Unplugged.” The Green Bag 2d. Vol. 25 (Spring 2022): 231-239.
  • “Remembering Judge Conrad.” Roanoke Bar Review (September 2021).
  • “What We Should Learn from the Death of Virginia’s Death Penalty.” Roanoke Bar Review (June 2021).
  • “Cancelling Justice? The Case of James Clark McReynolds.” Richmond Public Interest Law Review Vol. 24, No. 2 (May 2021): 59-78.
  • “The Commonwealth of Virginia v. Joseph Michael Giarratano: A Cautionary Tale.”  Washington & Lee Law Review Vol. 73, No. 3 (2016): 1119-1126.
  • “Truthiness and the Marble Palace.” Emory Law Journal Online, Vol. 65 (2016) (with Chad Oldfather).
  • “Judicial Assistants or Junior Judges: The Hiring, Utilization, and Influence of Law Clerks.”  Marquette Law Review Vol. 98, No. 1 (2014): 1-12 (with Chad M. Oldfather).
  • “Surgeons or Scribes? The Role of United States Court of Appeals Law Clerks in ‘Appellate Triage.’” Marquette Law Review Vol. 98, No. 1(2014): 313-332   (with Micheal W. Giles, and Bridget Tainer-Parkins).
  • “Of Potted Plants and Political Images: The Supreme Court and the State of the Union Address.” Kansas Journal of Law and Public Policy Vol. XXII, No. 1 (2012): 49-81 (with Micheal W. Giles).
  • “Of Leakers and Legal Briefers: The Modern Supreme Court Law Clerk.” 
  • Charleston Law Review Vol. VII (2012): 95-109.
  • “Random Chance or Loaded Dice? Looking for the Hidden Politics of Judicial Designation.”   University of New Hampshire Law Review Vol. 10, No. 1 (March 2012): 69-96 (with Katherine O’Harra Vigilante and Christopher Zorn).
  • “Till Death Do Us Part: Chief Justices and the United States Supreme Court.” Marquette Law Review Vol. 95, No. 2 (Winter 2011): 709-733 (with Chad M. Oldfather). 
  • “‘Did You Hear the One About Chief Justice Burger and the Itinerant Litigant?" Behind-the-Scenes Humor at the Supreme Court.” The Green Bag 2d. Vol. 15, No. 1 (Autumn 2011): 25-40.
  • “The Supreme Court and the Curse of the Gypsy: The Tragic Tale of Clarence Melville York.” The Green Bag 2d. Vol. 13, No. 2 (Winter 2010): 173-186.
  • “Law Clerk Influence on Supreme Court Decision Making.” DePaul Law Review Vol. 58, No. 1 (2008): 51-77 (with Christopher Zorn).
  • “Inside Judicial Chambers: How Federal District Court Judges Select and Use Their Law Clerks.” Albany Law Review Vol. 71, No. 2 (2008): 623-645 (with Micheal W. Giles and Bridget Tainer-Parkins).
  • “Undue Influence?  Ideology and Supreme Court Law Clerks.”  JURIST: Legal News & Research.  March 3, 2006.

History Journals:

  • “Building Consensus and Changing the Court: Warren Burger and the Supreme Court Bench.” Journal of Supreme Court History, Volume 51, Number 1, 2026, pp. 101-107 (Article)
  • “The Chief Justice and the Page: Earl Warren, Charles Bush, and the Promise of Brown v. Board of Education.” Journal of Supreme Court History Vol. 47, No. 1 (March 2022): 27-43.
  • “Arthur A. Thomas: A Hero of a Valet.” Journal of Supreme Court History Vol. 46, No. 3 (November 2021): 271-279.
  • “‘Destructive to Judicial Dignity:’ The Poetry of Melville Weston Fuller.” Journal of Supreme Court History Vol. 46, No. 2 (July 2021): 148-161 (with Mary Hill).
  • “Deborah Gelin: Supreme Court Pioneer.” Supreme Court Historical Society Quarterly (March 2021).
  • “A Secretary’s Absence for a Law School Exam.” Green Bag Almanac & Reader (Winter 2020): 156-166.
  • “Melville Weston Fuller and the Great Mustache Debate of 1888.” Journal of Supreme Court History Vol. 45, No. 2 (July 2020): 140-150.
  • "Mourning the Magnificent Yankee: The Funeral of Oliver Wendell Holmes, Jr." 41/42 Sup. Ct. Hist. Soc'y Q. No. 4 & 1 at 4 (2019).
  • Social Science Journals:
  • “Policy Making Under Constraint: Decision Modes in the U.S. Court of Appeals.” Justice System Journal Vol. 36, No. 2 (2015): 95-118 (with Micheal W. Giles and Joshua Strayhorn).
  • “The Etiology of the Occurrence of En Banc Review in the U.S. Court of Appeals.”  American Journal of Political Science 51 (July 2007): 449-463 (with Micheal W. Giles, Virginia A. Hettinger, Christopher Zorn).
  • “Research Note: Picking Federal Judges: A Note on Policy and Partisan Selection Agendas.” Political Research Quarterly 54 (September 2001): 623-641 (with Micheal W. Giles and Virginia A. Hettinger).
  • Multi Media:
  • "Chief Justice Burger on Cameras in the Courtroom." Supreme Court Historical Society's SCOTUS Scoops. February 27, 2025.
  • “Efficient and Humane: Chief Justice Warren Burger Reconsiders the Bar Admissions and Reading Opinions from the Bench.” Supreme Court Historical Society’s SCOTUS Scoops. October 2023. With Tim Flanigan.
  • “Justice Hugo L. Black, His Chambers Staff, and the Ku Klux Klan Controversy of 1937.” Supreme Court Historical Society’s SCOTUS Scoops. April 2021.
  • “The Chief Justice and ‘Big Steve.’” Supreme Court Historical Society’s SCOTUS Scoops. February 2021.