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Alan E. Brownstein

Professor of Law, Boochever and Bird Chair for the Study and Teaching of Freedom and Equality

Education

B.A. Political Science and Psychology, Antioch College 1969

J.D., Harvard University 1977

Biography

Alan Brownstein, a nationally recognized Constitutional Law scholar, teaches Constitutional Law, Law and Religion, and Torts at UC Davis School of Law. While the primary focus of his scholarship relates to church-state issues and free exercise and establishment clause doctrine, he has also written extensively on freedom of speech, privacy and autonomy rights, and other constitutional law subjects. His articles have been published in numerous academic journals including the Stanford Law Review, Cornell Law Review, UCLA Law Review and Constitutional Commentary. Brownstein received the UC Davis School of Law's Distinguished Teaching Award in 1995 and the UC Davis Distinguished Scholarly Public Service Award in 2008. He is a member of the American Law Institute.

Professor Brownstein has testified on several occasions before various California Senate Committees on legislation promoting religious liberty and bills that raise Establishment Clause concerns. His assistance is often sought by advocacy groups on issues relating to religious liberty and equality. He is a frequent invited lecturer at academic conferences and regularly participates as a speaker or panelist in law related programs before civic, legal, religious, and educational groups. He is the co-author of dozens of Findlaw columns discussing a range of legal issues.

A graduate of Antioch College and Harvard Law School (where he served as a Case Editor of the Harvard Law Review), Brownstein was an attorney in general litigation and corporate practice with the law firm of Tuttle & Taylor in Los Angeles before joining the UC Davis law faculty. From 1977-78, he clerked for the Honorable Frank M. Coffin, Chief Judge of the U.S. District Court of Appeals for the 1st Circuit in Portland, Maine.

"Most lawyers do not practice constitutional law," Brownstein notes, "but members of the Bar bear a special responsibility for understanding constitutional doctrine and communicating its meaning to non-lawyers. The role that constitutional law plays in our society depends in part on the interplay between courts and the political culture. If judicial decisions are unintelligible to the polity and no group accepts responsibility for explaining the Constitution's evolving meaning to the polity, we undermine part of the foundation of the constitutional scheme of things."

Subject Areas

Constitutional Law, First Amendment, Law And Religion

Selected Career Highlights

  • Global Issues in Freedom of Speech and Religion (with Leslie Jacobs) (West, 2009)
  • The Establishment of Religion Clause: Its Constitutional History and the Contemporary Debate, the first volume of a series of anthologies on the Bill of Rights (Prometheus Books, 2008) (Editor)
  • UC Davis Distinguished Scholarly Public Service Award, 2008
  • Recipient of the Davis Human Relations Commission Thong H. Huynh Community Education and Awareness Award, Oct. 2002, Davis, California
  • "The Hybrid Nature of Political Rights," 50 Stanford Law Review 915 (with Vikram Amar) (1998)
  • Distinguished Teaching Award, 1995
  • "How Rights Are Infringed: The Role of Undue Burden Analysis in Constitutional Doctrine," 45 Hastings L.J. 867 (1994).

Selected Publications

Gays, Jews, and Other Strangers in a Strange Land: The Case for Reciprocal Accommodation of Religious Liberty and the Right of Same-Sex Couples to Marry, 45 University of San Francisco Law Review 389 (2010)

Reviewing Associational Freedom Claims in a Limited Public Forum: An /extension of the distinction Between Debate-Dampening and Debate-Distorting state Action, 38 Hastings Constitutional Law Quarterly 505 (2011) (with Vikram Amar)

The Religion Clauses as Mutually Reinforcing Mandates: Why the Arguments for Rigorously Enforcing the Free Exercise Clause and Establishment Clause Are Stronger when Both Clauses Are Taken Seriously, 32 Cardozo Law Review 1701 (2011)

Continuing the Constitutional Dialogue: A Discussion of Justice Stevens’ Establishment Clause and Free Exercise Jurisprudence, 100 Northwestern University Law Review (2012) (in press)

How Rights Are Infringed: The Role of Undue Burden Analysis in Constitutional Doctrine, 45 Hastings Law Journal 867 (1994)

Constitutional Wish Granting and the Property Rights Genie, 13 Constitutional Commentary 7 (1996)

The Right Not to be John Garvey: A Review of "What Are Freedom For?", by John H. Garvey; 83 Cornell Law Review 767 (1998)

The Hybrid Nature of Political Rights, 50 Stanford Law Review 915 (1998) (with Vikram Amar)

The Takings Clause and the Iranian Claims Settlement, 29 U.C.L.A. Law Review 984 (1982)

What's the Use? A Doctrinal and Policy Critique of the Measurement of Loss of Use Damages, 37 Rutgers Law Review 433 (1985)

Illicit Legislative Motive in the Land Use Regulation Process, 57 University of Cincinnati Law Review 1 (1988)

Harmonizing the Heavenly and Earthly Spheres: The Fragmentation and Synthesis of Religion, Equality, and Speech in the Constitution, 51 Ohio State Law Journal 89 (1990)

Regulating Hate Speech at Public Universities: Are First Amendment Values Functionally Incompatible with Equal Protection Principles?, 39 Buffalo Law Review 1 (1991)

Pruning Pruneyard: Limiting Free Speech Rights Under State Constitutions on the Property of Private Medical Clinics Providing Abortion Services, 24 U.C. Davis Law Review 1073 (1991) (with Stephen Hankins)

Pansamientos sobre el papel del Federalismo en el derecho constitucional de Los Estados Unidos, James Smith (ed.) Derecho Constitucional Comparades Mexico-Estados Unidos 259-270 (1990)

Hate Speech at Public Universities: The Search for an Enforcement Model, 37 Wayne State Law Review 1451 (1991)

La Protección Otorgada Por La Constitución De Los Estados Unidos A Las Creencias Religiosas Y A Los Grupos Religiosas, 41 Revista De La Facultad De Derecho De Mexico 15 (1991)

The Constitutional Morality of Abortion, 33 Boston College L. Rev. 689 (1992) (with Paul Dau)

Hate Speech and Harassment: The Constitutionality of Campus Codes That Prohibit Racial Insults, 3 William & Mary Bill of Rights Journal 179 (1994)

Rules of Engagement for Cultural Wars: Regulating Conduct, Unprotected Speech, and Protected Expression in Anti-Abortion Protests, 29 U.C. Davis Law Review 553 (1996)

Rules of Engagement for Cultural Wars: Regulating Conduct, Unprotected Speech, and Protected Expression in Anti-Abortion Protests - Section II, 29 U.C. Davis Law Review 1163 (1996)

Constitutional Questions About Charitable Choice in WELFARE REFORM AND FAITH-BASED ORGANIZATIONS, 219 (Derek H. Davis & Barry Hankins, eds., 1999)

Alternative Maps for Navigating the First Amendment Maze - A Review of "THE FIRST AMENDMENT", by Daniel Farber; 16 Constitutional Commentary 101 (1999)

State Religious Freedom Protection Acts (RFRA) and Freedom of Speech, 32 UC Davis L. Rev. 605 (1999)

Evaluating School Voucher Programs Through a Liberty, Equality, and Free Speech Matrix: A Reply to Professor Hamilton, 31 University of Connecticut Law Review 871 (1999)

Prayer and Religious Expression at High School Graduations: Constitutional Etiquette in a Pluralistic Society, 5 Nexus: A Journal of Opinion 3 (2000)

Constitutional Questions About Vouchers, 57 New York University Annual Survey of American Law 119 (2000)

Bush v. Gore and Article II - Pressured Makes Dubious Law, March/April 2001 The Federal Lawyer 27 (with Vikram Amar)

A Decent Respect for Religious Liberty and Religious Equality: Justice O'Connor's Interpretation of the Religion Clauses of the First Amendment, 32 McGeorge Law Review 837 (2001)

The Souter Dissent: Correct but Inadequate in CHURCH-STATE RELATIONS IN CRISIS - DEBATING NEUTRALITY, 151 (Stephen V. Monsma, ed., 2002)

Protecting Religious Liberty: The False Messiahs of Free Speech Doctrine and Formal Neutrality, 18 The Journal of Law & Politics 119 (2002)

Reasonable Accommodations Under the ADA - The Supreme Court in Barnett, 5 Green Bag 2d Series 361 (2002) (with Vikram Amar)

Debating Vouchers After Zelman, 5 Government, Law and Policy Journal 6 (2003)

Justifying Free Exercise Rights, 1 University of St. Thomas Law Journal 504 (2004)

Why the Case for Amending the U.S. Constitution to Prohibit or Regulate Gay marriage is 'Not Proved', 32 Hastings Constitutional Law Quarterly 637 (Fall 2004 and Winter 2005) (with Vikram Amar)

Academic Freedom, 9 Green Bag 2d Series 17 (2005) (with Vikram Amar)

THE ESTABLISHMENT OF RELIGION CLAUSE - Its Constitutional History and the Contemporary Debate, (Editor) Prometheus Books (2008)

Religious Freedom, in Global Perspectives on Constitutional Law, (Vikram Amar & Mark Tushnet, eds.) (2009)

The Nonforum as a First Amendment Category: Bringing Order Out of the Chaos of Free Speech Cases Involving School-Sponsored Speech, 42 UC Davis L. Rev. 717 (2009)

Global Issues in Freedom of Speech and Religious Liberty, (2009) (with Leslie Jacobs)

The Constitutionalization of Self-Defense in Tort and Criminal Law, Grammatically-Correct Originalism, and Other Second Amendment Musings, 60 Hastings Law Journal 1205 (2009)

The Reasons Why Originalism Provides a Weak Foundation for Interpreting Constitutional Provisions Relating to Religion, 2009 Cardoza L. Rev. De Novo 196

When Avoiding Federal Questions Shouldn't Evade Federal Review Michigan v. Long Meets and Trumps Ashwander v. TVA, 12 Green Bag 2d 381 (2009) (in press)

Death, Grief, and Freedom of Speech: Does the First Amendment Permit Protection Against Harassment and Commandeering of Funeral Mourners?, 2010 Cardozo Law Review De Novo 368

Gays, Jews, and Other Strangers in a Strange Land: The Case for Reciprocal Accommodation of Religious Liberty and the Right of Same-Sex Couples to Marry, 45 University of San Francisco Law Review ___ (2010) (in press)

Can a Public Law School Constitutionally Require a Christian Student Group Not to Exclude Non-Christians and Gay Persons? The Supreme Court Will Decide, FindLaw's Writ Legal Commentary, April 23, 2010 (with Vikram Amar)

Can the President Expel Non-Disruptive People from a Public Event Based on their Viewpoint? A Tenth Circuit Case Gets It Wrong, FindLaw's Writ Legal Commentary, Feb. 26, 2010 (with Vikram Amar)

Comparing U.S. and UK Courts' Approaches to Racial and Religious Preferences, FindLaw's Writ Legal Commentary, Jan. 15, 2010 (with Vikram Amar)

Is Monitoring Moslem Religious Services Without Particularized Suspicion Constitutional?, FindLaw's Writ Legal Commentary, Dec. 4, 2009 (with Vikram Amar)

The Ninth Circuit Errs in Santa Cruz City Council Protester Case, FindLaw's Writ Legal Commentary, Nov. 20, 2009 (with Vikram Amar)

Court's Cold Shoulder to Damaged Reputations, Sacramento Bee

Prop. 13 Goes to High Court, Sacramento Bee

Nollan v. California Coastal Commission (p.570), Tinker v. Des Moines School District (p. 800), Planned Parenthood v. Casey (p. 593), City of Renton v. Playtime Theatres (p.131), READY REFERENCE: AMERICAN JUSTICE (Kent Raumussen, ed., 1996)

A Valedictorian's Constitutional Mandate, Sacramento Bee

Naming Justices: More Is at Stake Than Roe vs. Wade, Los Angeles Times (with Vikram Amar)

Crane v. Johnson (p.111), Equal Protection Clause and the Free Exercise of Religion (p. 160), RELIGION AND AMERICAN LAW (Paul Finkelman, ed., 2000)

Amicus Curiae Brief, Silo v. CHW Medical Foundation, Supreme Court of California, August 2001 (with Fred Blum, David Lewellyn, and Alan Reinach)

Amicus Curiae Brief, California Charities v. Superior Court, Supreme Court of California, March 2002 (with Fred Blum and Alan Reinach)

Joint Statement of Church-State Scholars on School Vouchers and the Constitution, Pew Forum on Religion and Public Life, Nov. 2002 (with Thomas Berg, Erwin Chemerinsky, John Garvey, Douglas Laycock, Ira Lupu, William Marshall and Robert Tuttle)

The Importance of Looking to Government Motive and Purpose - Why Intent Matters Both in the University of Michigan Affirmative Action Cases, and Iraq War Arguments, Find Law's Writ Legal Commentary, May 2, 2003 (with Vikram Amar)

Why An Important Part of the California Recall Process Is Unconstitutional, According to U.S. Supreme Court Precedent, Find Law's Writ Legal Commentary, July 25, 2003 (with Vikram Amar)

A Mixed Verdict on the California Supreme Court's Decision, FindLaw's Writ Legal Commentary, Aug. 22, 2003 (with Vikram Amar)

The Broader First Amendment Questions Raised by Proposition 54 - the So-Called "Racial Privacy Initiative", FindLaw's Writ Legal Commentary. Oct. 3, 2003 (with Vikram Amar)

Comparing and Contrasting Two Recent Church-State Cases - Before the U.S. and California Supreme Courts, FindLaw's Writ Legal Commentary, Dec. 12, 2003 (with Vikram Amar)

Can States Constitutionally Regulate Video Games, As California is Considering Doing?, FindLaw's Writ Legal Commentary, April 30, 2004 (with Vikram Amar)

Conduct Unbefitting the Congress: The So-Called Pledge Protection Act Passed by the House of Representatives, FindLaw's Writ Legal Commentary, Oct. 01, 2004 (with Vikram Amar)

The Constitutional Doctrine That Won't Change, Even If the Supreme Court Does, FindLaw's Writ Legal Commentary, Nov. 26, 2004 (with Vikram Amar)

How Federalism Doctrine Can Acquire Bipartisan Appeal: The Constitutional Values That Transcend Political Change, FindLaw's Writ Legal Commentary, Dec. 10 2004 (with Vikram Amar)

President Bush's Proposed Same-Sex Marriage Amendment: Part One in a Series on Wise and Unwise Constitutional Amendments, FindLaw's Writ Legal Commentary, Feb. 04, 2005 (with Vikram Amar)

More On President Bush's Proposed Same-Sex Marriage Amendment: Part Two of a Series on Wise and Unwise Constitutional Amendments, FindLaw's Writ Legal Commentary, Feb. 18, 2005 (with Vikram Amar)

The "Charitable Choice" Bill That was Recently Passed by the House and the Issues It Raises, FindLaw's Writ Legal Commentary, April 29, 2005 (with Vikram Amar)

The "Charitable Choice" Bill That was Recently Passed by the House: Why Supreme Court Precedent Renders It Unconstitutional, FindLaw's Writ Legal Commentary, May 13, 2005 (with Vikram Amar)

The "Charitable Choice" Bill That was Recently Passed by the House: Further Commentary on its Constitutional Problems, FindLaw's Writ Legal Commentary, May 27, 2005 (with Vikram Amar)

The "Charitable Choice" Bill That was Recently Passed by the House: The Normative Question of What the Constitution Ought to Require When Such Laws Are Reviewed, FindLaw's Writ Legal Commentary, June 10, 2005 (with Vikram Amar)

Why the President's Defense of Executive Power to Wiretap Without Warrants Can't Succeed in the Strict Constructionist Court He Wants, Find Law's Writ Legal Commentary, FindLaw's Writ Legal Commentary, Feb. 17, 2006 (with Vikram Amar)

A Different Take on the Supreme Court's Recent Decision Concerning Law Schools' First Amendment Rights and Campus military Recruitment, FindLaw's Writ Legal Commentary, March 17, 2006 (with Vikram Amar)

How will the Roberts Court Interpret the Establishment Clause?, FindLaw's Writ Legal Commentary, Oct. 27, 2006 (with Vikram Amar)

The Roberts Clause and the Establishment Clause, Part Two: The Consequences of the Probable Shift from An "Endorsement" to a "Coercion" Test, Find Law's Writ Legal Commentary, (with Vikram Amar)

Religious Freedom Restoration Act, Major Acts of Congress, (Brian Landesberg, Ed.) (with Melissa Rogers) (2004)

Disorder in the Council Room: Does it Violate the First Amendment to Remove a Citizen from a City Council Meeting for Making a Nazi Salute Gesture?, FindLaw's Writ Legal Commentary, April 27 2007 (with Vikram Amar)

Some Larger Constitutional Lessons from the United States Attorney's Firings, FindLaw's Writ Legal Commentary, May 25, 2007 (with Vikram Amar)

The Eleven-Million-Dollar Judgement Against the Westboro Baptist Church for Protesting at a Funeral: Did it Violate the First Amendment?, FindLaw's Writ Legal Commentary, Nove. 23, 2007 (with Vikram Amar)

If Voters See Mitt Romney's Mormonism as a Negative, Are they Violating the Spirit of the Constitution's Ban on Religious Tests?, FindLaws Writ Legal Commentary, Dec. 07, 2007 (with Vikram Amar)

Why a California Court of Appeal Ruling Threatens to Make Home Schooling Illegal, FindLaw's Writ Legal Commentary, March 14, 2008 (with Vikram Amar)

Does Recognition of the Right of Same-Sex Couples to Marry Impose Undue Burdens on People Who Reject Same-Sex Marriage on Account of Religious Convictions? An Evaluation of the Objection to the Massachusetts and California Same-Sex Marriage Decisions, FindLaw's Writ Legal Commentary, July 8, 2008 (with Vikram Amar)

Abortion Protests in Encyclopedia of the Supreme Court of The United States, (2008) (in press)

Religious Exemptions in Encyclopedia of the Supreme Court of The United States, (2008) (in press)

How Should the Law Respond When Health Care Providers' Obligations Conflict with their Religious Beliefs? Two Recent Developments That Illuminate the Issue: Part One, FindLaw's Writ Legal Commentary, September 12, 2008 (with Vikram Amar)

How Should the Law Respond When Health Care Providers' Obligations Conflict with their Religious Beliefs? Two Recent Developments That Illuminate the Issue: Part Two, FindLaw's Writ Legal Commentary, September 12, 2008 (with Vikram Amar)

The Core Issues in the Proposition 8 Case Before the California Supreme Court: Was Proposition 8 a Valid Amendment, or an Invalid Revision, to the California Constitution? And Should the Court - Or Governor Schwarzenegger - Make the Decision?, FindLaw's Writ Legal Commentary, December 5, 2008 (with Vikram Amar)

The California Attorney General's Brief in the California Supreme Court Case Challenging Proposition 8: The Questions it Raised, and Why it Surprised Many Observers, FindLaw's Writ Legal Commentary, January 2, 2009 (with Vikram Amar)

The Navajo Nation Case, Which the Supreme Court May Soon Review, and How it Reveals the Complex Balance Envisioned by the Religious Freedom Restoration Act, FindLaw's Writ Legal Commentary, February 17, 2009 (with Vikram Amar)

If California Passes Its Bill Criminalizing the Hanging of a Noose on Someone Else's Property or Public Property with Intent to Terrorize, Would This Anti-Hate Law Be Constitutional?, FindLaw's Writ Legal Commentary, April 23, 2009 (with Vikram Amar)

Religious Freedom and Gay Marriage Can Coexist, Blowback, Los Angeles Times, May 11, 2009

Finding Common Ground in Same-Sex Marriage Debate, San Francisco Chronicle, May 28, 2009 (with Vikram Amar)

Coexistent Rights Same-Sex Marriage and Religious Liberty, Liberty Magazine, pp 9-12 (May/June 2009)

Discussion of paper, "Gays, Jews, and Other Strangers in a Strange Land: The Case for Reciprocal Accommodation of Religion Liberty and the Right of Same Sex Couples to Marry", Annual Law & Religion Roundtable, June, 2010, Brooklyn Law School, Brooklyn, NY.

Faculty Commencement Address to the Graduating Class of 2010, UC Davis School of Law, May 2010, Davis, CA

Lecture on "Reconciling Conflicting Autonomy Rights: Same-Sex Marriage and Religious Liberty", Americans United for Separation of Church and State, April 2010, Sacramento, CA

Panel Presentation, "Considering the Intersection of Religion and Anti-Discrimination Law in the Context of Same-Sex Marriage", in University of San Francisco Law Review Symposium, "The Future of Same-Sex Marriage", February 2010, San Francisco, CA

Current Developments in Constitutional Law, Federal Bar Association (Sacramento Chapter); May, 1990; May, 1991; July, 1992; July, 1993; July, 1994; July, 1995; July, 1996; July, 1997; August, 1998; July, 1999; July, 2000; July, 2001; July, 2002; July, 2003; July, 2004; August, 2005; August, 2006; July, 2007; August 2008; August 2009; Sacramento, California

Religious Liberty and the Limits of Government Power, Federalist Society, National Lawyers Convention, November, 2009, Washington, D.C.

The Multi-Dimensional Nature of Religion, Faculty Seminar, University College Dublin, October, 2009, Dublin, Ireland

Panel On "Religion Clauses: Charitable Choice, Standing, Acknowledgements of Religious Displays and Free Exercise" in Williamette University College of Law Symposium on "The Future of the First Amendment", October, 2009, Salem, Oregon

Lecture on "The Constitutionalization of Self-Defense in Tort and Criminal Law" in Hastings Law Review Symposium, "The Second Amendment After Heller", Hastings Law School, February, 2009, San Francisco, CA

Panel presentation on "The State of Religious Liberty in the United States" at Conference on "Religious Liberty, Religious Property Disputes, Who Owns the Lord's House," Pepperdine University School of Law, January, 2009, Malibu, CA, Pepperdine University School of Law, January, 2009, Malibu, CA

Lecture on "Retrospective on the State of the Constitution After the 8 Years of the Bush Administration", Adventist Attorneys Association Annual Conference, October, 2008, Berkeley, California

Class on "Theories of Constitutional Adjudication", 2008 Appellate Judicial Attorneys Instititute (A Conference for Staff Attorneys of the California Appellate Courts and Supreme Court), September, 2008, Sacramento, California

Talk on "Religious Liberty", 2008 Religious Liberty Dinner (Sponsored by Liberty Magazine, International Religious Liberty Association, North American Religious Liberty Association), June 2008, Washington, D.C.

Panel on "Recent Constitutional Controversies Over Religious Liberty,", Law and Religion Conference, Princeton University Program in Law and Public Affairs, May, 2008, Princeton, New Jersey

Panel on Religion in the Work Place, State Bar Public Sector Labor and Employment Conference, April, 2008, Sacramento, California.

Lecture on "The Nonforum as a First Amendment Category: Bringing Order out of the Chaos of Free Speech Cases Involving School Sponsored Activities", n UC Davis Law Review Symposium, First Amendment Rights in America's Public Schools, March, 2008, Davis, California

Conference on Religion, Citizenship and Multi-Culturalism, Harvard Law School, February, 2008, Cambridge, Massachusetts

Debate on, "The Original Understanding of the Establishment Clause", Federalist Society, February, 2008, Davis, California

Panel on "What is the First Amendment," in RU OFfended? Why We Defend the Speech We Hate, a First Amendment Symposium, University of California, Davis, February, 2008, Davis, California

Panel on Academic Freedom, American Constitution Society, UC Davis School of Law, October, 2007, Davis, California

Lecture on "Government funding of Religious Institutions and Programs", Adult Education Program, Westminster Presbyterian Church, May, 2007, Sacramento, California

Panel on "The Role of the Synagogue in Social Action", Congregation Bet Haverim, March, 2007, Davis, California

Lecture and Panel on "Church and State: The Shape of Things To Come on the New Court", Union for Reform Judaism Pacific Central West Council 25th Biennial Convention, February, 2007, Santa Clara, California

Panel on Affirmative Action and Proposition 209, Sponsored by the Federalist Society and Black Law Students Association, November, 2006, Davis, California

Debate on The Separation of Church and State - Should the Government Be Permitted to Endorse Religious Beliefs?, (With Eugene Volokh), University of Southern California, USC Spectrum, Sept., 2006, Los Angeles, California

Testimony Before the California Senate Judiciary Committee on SCA 32 - California Mission: Exemption from Constitutional Prohibition of Support of Church by State, (Section 5, Article XVI),August, 2006, Sacramento, California

William Brahms Lecture of Religion and the Law, "Taking Free Exercise Rights Seriously", Case School of Law, March, 2006, Cleveland, Ohio

Taking Free Exercise Rights Seriously, 57 Case Western Reserve Law Review 55 (2006)

Faculty Workshop Presentation, "The Post-O'Connor Court and the Establishment Clause", Case School of Law, March, 2006, Cleveland, Ohio

The Post-O'Connor Court and the Establishment Clause, American Constitution Society, Cleveland Chapter, March, 2006, Cleveland, Ohio

Lecture on "The Religion Clauses of the First Amendment", The Episcopal Church of St. Martin, March, 2006, Davis, California

Panel on "The Separation of Church and State", Anti-Defamation League - Central Pacific Division, November, 2005, Walnut Creek, California

Lecture on "The New Court and the Meaning of the Constitution", Pacific Union Conference Seventh-day Adventist Attorney's Association Annual Conference, November, 2005, Honolulu, Hawaii

Panel on "The Shape of Things to Come," in "Cities in the Middle: The Emerging Debate over Religion in Public Life", The Center For State And Local Government Law, University of California, Hastings College of Law and The Municipal Law Institute, League of California Cities, October, 2005, San Francisco, California

Talk on "Religion and the Supreme Court", Davis Rotary Club, September, 2005, Davis, California

Lecture on "Employment Discrimination in 'Charitable Choice' or 'Faith-Based' Programs", Center for American Progress and American Constitution Society, Washington, D.C., June, 2005

Panel on "The Constitution and the Boy Scouts: Equal Access to Government Land and the First Amendment", The Federalist Society, May, 2005, San Diego, California

Lecture on "Religion and the Schools, Where Do We Stand in 2005" for school superintendents and staff of the greater Sacramento area, Jewish Community Relations Council, May, 2005, Sacramento, California

Lecture via Conference Call on "Church-State Relations", National Legal Affairs Committee and National Church-State Task Force, Anti-Defamation League, December, 2004

Presented a "Perspective," an oral op-ed piece, on the suit to strike the words "under God" from the pledge of allegiance, on KQED, June, 2004, San Francisco, California

Presented remarks on religious liberty at the 40th Anniversary of the Seventh-day Adventist Church-State Council, June, 2004, Los Angeles, California

Lecture on free speech issues relating to the drafting and implementation of a "Controversial Issues Policy" for public schools at a program for school superintendents and staff of the greater Sacramento area, Jewish Community Relations Council, May, 2004, Sacramento, California

Lecture of "50th Anniversary of Brown v. Board of Education", Yolo County Law Day Program, May, 2004, Woodland, California

Panel on "50th Anniversary of Brown v. Board of Education", Federal District Court Program, May, 2004, Sacramento, California

Panel on The Proposed Constitutional Amendment to Prohibit Same-Sex Marriage, UC Davis School of Law, April, 2004, Davis, California

Lecture on recent church-state controversies for The Renaissance Society (an educational organization serving senior citizens), Sacramento State University, April, 2004, Sacramento, California

Lecture on "The Separation of Church and State", Woodside Seventh-day Adventist Church, March, 2004, Sacramento, California

Lecture on "Free Speech at Public Universities" for UC Davis Principles of Community Program, February, 2004, Davis, California

Comments on Professor Richard Garnett's paper, Religious Assimilation and Toleration panel, Integration, Difference and Citizenship, UCLA law Review Symposium Celebrating 50 Years of the UCLA Law Review, January 30, 2004, Los Angeles, California

"The Separation of Church and State", Adult Education Committee Program, St. Marks United Methodist Church, Nov. 2003, Sacramento, California

"SCHOOL PRAYER - Court Decisions from the 1963 Schempp Case to Today", American Constitution Society, McGeorge School of Law, Sept. 2003, Sacramento, California

"Censorship: The implications of governmental, political and self-censorship in the creative arts", Panel presentation, California State Summer School for the Arts, July, 2003, Los Angeles, California

Panel on Church-State Issues in the United States, University of New South Wales, Nov. 2002, Sydney, Australia (with Jesse Choper)

"ZONING GOD - A Panel Discussion about the Religious Land Use and Institutionalized Persons Act;", Congregation Bet Haverim; March, 2002; Davis, California

"Protecting Religious Liberty: The False Messiahs of Free Speech Doctrine and Formal Neutrality; "Beyond Separatism: Church and State Symposium", Journal of Law and Politics, University of Virginia; February, 2002; Charlottesville, Virginia (Paper presented by proxy)

"Perspectives on the USA Patriot Act and the War on Terrorism", School of Law, University of California, Davis; January, 2002; Davis, California

"Shifting the Boundaries Between Public and Private Life: Implications and Consequences for the Conflict Between Liberty and Equality", The Public Law Research Institute Conference on Cities on the Cutting Edge: Privatization: The Legal Implications of the Shifting Boundaries Between Public and Private; Hastings College of the Law; November, 2001; San Francisco, California

"IN GOOD FAITH - A DIALOGUE ON GOVERNMENT FUNDING OF FAITH-BASED SOCIAL SERVICES", Conference by the American Jewish Committee and the Myer and Rosaline Feinstein Center for American Jewish History, Temple University; October, 2001, Washington, D.C. (Audio Presentation)

"Expressive Association or Illegal Discrimination - Boy Scouts of America v. Dale", School of Law, University of California, Davis; October, 2001; Davis, California

Charitable Choice, California Legislative Roundtable; June, 2001; Sacramento, California

Faith-Based Initiatives: Are They Good for the Faith Community?, San Francisco Interfaith Council; June, 2001; San Francisco, California

Written Testimony regarding a proposed revision of the State Dept. Of Education, "Handbook on the Rights and Responsibilities of School Personnel and Students in the Areas of Providing Moral, Civic, and Ethical Education, Teaching about religion, Promoting Responsible Attitudes and Behaviors, and Preventing and Responding to Hate Violence", Spring, 2001, Sacramento, California

Charitable Choice, California Association of NonProfits, April, 2001: Sacramento, California

Charitable Choice and the President's Faith-Based Initiative, California Interfaith Coalition's Legislative Issues Briefing Program sponsored by the California Council of Churches; March, 2001; Sacramento, California

Freedom's Ring Forum - A Program on Religious Liberty Issues from a Constitutional and Statutory Perspective, Public affairs/Religious Liberty Department, Pacific Union Conference of Seventh-day Adventists; November, 2000, Sacramento, California

Faculty-Commencement-Address-To-Law-School-Graduating-Class-Of-2000, University of California, Davis; May, 2000; Davis, California

Charitable Choice Legislation, Jewish Public Affairs Committee of California Mission to Sacramento; May, 2000; May, 2001; Sacramento, California

Testimony regarding SB 1509 and SB 1891 (charitable choice legislation) before the California Senate Health & Human Services Committee, April, 2000, Sacramento, California

The Supreme Court's New Federalism Jurisprudence, Inn of Court Program; February, 2000; Davis, California

Government Funding of Faith-Based Welfare Programs, Congregation Bet Haverim; January, 2000; Davis, California

Martin Luther King Day Address, City of Davis Human Relations Commission Program; January, 2000; Davis, California

"Perspectives on Religious Liberty" and "Faith and the Law: A Jewish Perspective;" Pacific Union Adventist Attorneys Association Fifth Annual Conference ? Integrating Faith and the Law, November, 1999; Monterey, California

Fundamental Rights in the United States Constitution, Constitutional Law Program, Federal Bar Association Convention; September, 1999; Sacramento, California

"Ethics, Religion and Public Education:" California 3Rs: A Project for Finding Common Ground, Summer Institute; July, 1999; Sacramento, California

Testimony regarding SB 38 (Religious Freedom Protection Act limited to land use) before the California Senate Judiciary Committee, May, 1999; Sacramento, California

The Tension Between Freedom of Speech and the Right to a Fair Trial, Yolo County Bar Association Law Day Program; May, 1999; Davis, California

Testimony regarding SB 38 (Religious Freedom Protection Act limited to land use) before the California Senate Local Government Committee, April, 1999; Sacramento, California

Interpreting the Religion Clauses in Terms of Liberty, Equality, and Free Speech Values - A Critical Analysis of 'Neutrality Theory' and Charitable Choice, 13 Notre Dame Journal of Law, Ethics, & Public Policy 101 (1999)

A Critique of 'Neutrality Theory' and Charitable Choice, Law and Religion Section Program, American Association of Law Schools Annual Meeting; January, 1999; New Orleans, Louisiana

Testimony regarding AB 1617 (Religious Freedom Restoration Act) before the California Senate Judiciary Committee, June, 1998; Sacramento, California

Constitutional Contraints on Charitable Choice, Symposium on Welfare Reform and the Churches, Church-State Institute, Baylor University; April, 1998, Waco, Texas

The Role of Religious Institutions in Government Welfare Programs, Colloquium on Law, Religion, and Culture, Cumberland Law School, Samford University; February, 1998, Birmingham, Alabama

The Supreme Court and Religion, Institute of Governmental Affairs, University of California, Davis; November, 1997, Davis, California

Written Testimony regarding AB 1617 (Religious Freedom Restoration Act) submitted to Assembly Judiciary Committee, October, 1997; Los Angeles, California

The Hybrid Nature of Political Rights, Symposium Law and the Political Process, Stanford Law School, Stanford University, October, 1997, Stanford, California

A Review of Recent Supreme Court Cases, Hastings Law School; October, 1997, San Francisco, California

Recent Judicial Decisions Relating to Abortion Rights, American Association of University Women State Convention; April, 1997, Sacramento, California

The Role of the Judiciary in a Democratic Republic, Capitol Discussion Group; January, 1997; Sacramento, California

Religion and the Constitution, Congregation Bet Haverim; December, 1996; Davis, California

Proposition 209 Forum, Women Law Students Association; October, 1996, Davis, California

Protecting Religious Liberty and Equality, Seventh Day Adventist Church - State Council Religious Liberty Conference; September 22, 1996; Sacramento, California

Important Supreme Court Cases of the Previous Term, Milton L. Schwartz American Inn of Court; September 11, 1996; Sacramento, California

Prayer in the Public Schools, Sacramento Area League of Associated Muslims (SALAM); April 1, 1996; Sacramento, California

The Costs of Affirmative Action, Affirmative Action Coalition Brown-Bag Series; March 19, 1996; Davis, California

Rules of Engagement for Cultural Wars: Regulating Conduct, Unprotected Speech, and Protected Expression in Anti-Abortion Protests, U.C. Davis Law Review Symposium -Developments in Free Speech Doctrine: Charting the Nexus Between Speech and Religion, Abortion, and Equality; February 16, 1996; Davis, California

Affirmative Action: A Just Cause, Congregation Bet Haverim; January 14, 1996; Davis, California

Faculty Commencement Address to Law School Graduating Class of 1995, Faculty Commencement Address to Law School Graduating Class of 1995

Regulating the Abortion Conflict: Reconciling Speech and Choice, University of California, Davis; May 1995; Davis, California

Prayer and Religion in the Public Schools, Capitol Discussion Group; April, 1995; Sacramento, California

How Rights are Infringed: The Rule of Undue Burden Analysis in Constitutional Doctrine, Hastings Law Review Symposium - When is a Line as Long as a Rock is Heavy?: Reconciling Public Values and Individual Rights in Constitutional Adjudication; February 26, 1994, San Francisco, California

Seminar on Comparative American and Canadian Constitutional Law, Spring, 1993; Dalhousie University School of Law; Halifax, Nova Scotia, Canada

Is Regulating Hate Speech at Public Universities Constitutional -- and Should It Be?, Symposium on the Bicentennial of the Bill of Rights; Ohio State University; October, 1991; Columbus, Ohio

The Protection Provided Religious Beliefs and Religious Groups by the United States Constitution, Institudo de Investigaciones Juridicas, Universidad de Guadalajara; May, 1991; Guadalajara, Mexico

Censorship of the Arts, Capitol Discussion Group; September, 1990; Sacramento, California

The Regulation of Hate Speech on University Campuses, University of California, Davis; March, 1990; Davis, California

Reflections on the Role of Federalism in United States Constitutional Law, Conference on Comparative Constitutional Law: Mexico and the United States; Instituto de Investigaciones Juridicas de la Universidad Nacional Autonoma de Mexico; June, 1988; Mexico City, Mexico

Faculty Commencement Address to Law School Graduating Class of 1988, University of California, Davis; May 1988; Davis, California

Supreme Court Decisions: The Future of Choice, University of California, Davis; Women's Resources and Research Center; November, 1987; Davis, California

Recent Trends in 'Takings Clause' Decisions, Institute of Governmental Affairs Public Policy Forum; University of California, Davis; November, 1987; Davis, California