Jay D. Wexler

Academic Experience

Boston University School of Law
Professor of Law, September 2007-Present
Associate Professor, July 2001-September 2007

Teaching, have taught, or will teach classes in administrative law, environmental law, the first amendment, law and religion, natural resources law, and U.S. law for foreign students; have received average student evaluations of 4.7 (out of 5) over past five years.

Serving or Served on the Career, Planning, Placement, and Clerkship Committee (chairing), Awards Committee (chairing), Admissions Committee, Public Interest Committee, 2007 Conference Committee, Public Interest Alumni Loan Payment Committee, and J.D. Program Committee. Served as faculty advisor for the Moot Court Program between 2002 and 2007.

Reviewed law and religion manuscripts and proposals for Oxford University Press, Aspen Press, the Journal of Law and Religion, and the Radical History Review.

Fulbright Scholar, Jagiellonian University, Krakow, Poland. February-July 2008
Will teach a course in U.S. church-state law.

Visiting Professor, Institut de droit comparé Edouard Lambert, Lyon, France. January-February 2008
Will teach U.S. constitutional law as part of American Law Program.

Professional Presentations and Activities

Conference Presentation, "Justice Ginsburg’s Footnotes," Symposium on Jurisprudence of Justice Ruth Bader Ginsburg, New England School of Law (March 12, 2009).

Panel Moderator, "Religion and Public Life," J. Reuben Clark Law Society's Annual Conference, Harvard Law School (February 13, 2009).

Kickoff Speaker, Darwinfest, University of West Virginia (February 9, 2009).

Symposium Speaker, "Intelligent Design and the Public Schools," Liberty University (February 6, 2009).

Presentation on Judicial Clerkships in the United States to Law Clerks and Justices of the Polish Constitutional Court, Warsaw University, Warsaw, Poland (June 11, 2008).

Panel Presentation on Teaching Religion and Values in the United States, Helsinki Foundation for Human Rights, Warsaw, Poland (June 11, 2008).

Panel Presentation, "Separation of Church and State in the United States: What Does it Mean?" Warsaw University, Warsaw, Poland (May 14, 2008).

Panel Presentation, "What Should We Teach When We Teach About Religion? The Case for a Global Perspective," Conference on "Religion and Rule of Law in Southeast Asia," Hanoi, Vietnam (November 3, 2007).
Conference Presentation, "Justice Ginsburg’s Footnotes," Symposium on Jurisprudence of Justice Ruth Bader Ginsburg, New England School of Law (March 12, 2009).

Panel Moderator, "Religion and Public Life," J. Reuben Clark Law Society's Annual Conference, Harvard Law School (February 13, 2009).

Kickoff Speaker, Darwinfest, University of West Virginia (February 9, 2009).

Symposium Speaker, "Intelligent Design and the Public Schools," Liberty University (February 6, 2009).

Presentation on Judicial Clerkships in the United States to Law Clerks and Justices of the Polish Constitutional Court, Warsaw University, Warsaw, Poland (June 11, 2008).

Panel Presentation on Teaching Religion and Values in the United States, Helsinki Foundation for Human Rights, Warsaw, Poland (June 11, 2008).

Panel Presentation, "Separation of Church and State in the United States: What Does it Mean?" Warsaw University, Warsaw, Poland (May 14, 2008).

Panel Presentation, "What Should We Teach When We Teach About Religion? The Case for a Global Perspective," Conference on "Religion and Rule of Law in Southeast Asia," Hanoi, Vietnam (November 3, 2007).

Panel Moderator, "The Presidency in Perspective," Boston University School of Law Conference, "The Role of the President in the 21^st Century" (October 11, 2007).

Panel Moderator, "The Presidency in Perspective," Boston University School of Law Conference, "The Role of the President in the 21^st Century" (October 11, 2007).

Guest Speaker, National Endowment for the Humanities Summer Seminar 2007: “Religious Diversity and the Common Good,” Boisi Center for Religion and Public Life at Boston College (June 28, 2007).

Moderator, Public Discussion of Elizabeth de la Vega’s U.S. v. George W. Bush et al, Cambridge Forum (May 9, 2007).

Conference Participant, “Beyond the Culture Wars: A Leadership Conference on the Future of Religion in the Public Schools,” First Amendment Center, Vanderbilt University (March 5-6, 2007).

Panel Presentation, “Protecting Religion Through Statute: The Mixed Case of the United States,” Comparative Approaches to Implementing International Standards in Religion Legislation, Conference on Law and Religion in Transitional Societies, Oslo, Norway (December 3, 2006).

Workshop Presentation, “Civic Recreation,” Boston University School of Law Workshop Series (October 28, 2006).

Panel Moderator, “Health and Well-Being,” Boston University School of Law Conference, “Extraordinary Powers in Ordinary Times” (September 30, 2006)

Lunch Speaker, “Judging Intelligent Design: Should the Courts Decide What Counts as Science or Religion?” Boisi Center for Religion and Public Life at Boston College (September 28, 2006).

Conference Participant, Carnegie Foundation Conference, Boisi Center for Religion and Public Life at Boston College (April 21, 2006) (commenting, along with religious studies scholars, on draft papers introducing American Pluralism, Theology, and Church-State Separation to readers in Muslim countries).

Symposium Presentation, “Too Much, Too Little: Religion in the Public Schools,” University of Maryland Journal of Race, Religion, Gender, and Class’s Symposium on “Religion and the Law” (April 11, 2006).

Panel Participant, Frank J. Murray Inn of Court’s Evening Program on Constitutional Issues at the Supreme Court (March 21, 2006).

Symposium Presentation, “Intelligent Design and the ‘Is it Science?’ Question,” University of North Carolina First Amendment Law Review’s Symposium on “Religion in the Public Schools” (February 24, 2006).

Panel Presentation, “Intelligent Design and the First Amendment,” American Association for the Advancement of Science’s 2006 Annual Meeting, Panel on “Science and the State” (February 18, 2006).

Conference Presentation, “The Endorsement Court,” Washington University Journal of Law and Policy’s Conference on “The Rehnquist Court and the First Amendment” (November 18, 2005).

Faculty Workshop Presentation, “Intelligent Design and the First Amendment: A Response,” Boston University School of Law Workshop Series (September 29, 2005).

Debate on the Constitutionality of Intelligent Design with Francis J. Beckwith (Baylor University), Harvard University Federalist Society Event (April 15, 2005).

Faculty Workshop Presentation, “Environmental Law and the Judicial Role,” Washington University, St. Louis (December 7, 2004).

Workshop Presentation, “Environmental Law and the Judicial Role,” Boston University School of Law Workshop Series (November 11, 2004).

Panel Moderator, “Congress and the Lochner Court,” Boston University School of Law’s Lochner Centennial Conference (October 16, 2004).

Panel Respondent, “Religion and Science: Should Schools Teach the Controversy?” PEW Forum on Religion and Public Life and First Amendment Center’s Conference on “Teaching About Religion: Where Do We Go From Here?” (May 22, 2003) (transcript located at http:www.pewforum.org/events/index.php?EventID=48).

Workshop Presentation, “Darwin, Design, and Disestablishment: Teaching About the Evolution Controversy in the Public Schools,” Boston University School of Law Workshop Series (January 16, 2003).

Education

Stanford Law School, J.D., June 1997

Nathan Abbott Scholar for student graduating with highest cumulative GPA (4.08); Order of the Coif; First and Second-Year Honors for highest GPA after the first and second years.

Steven M. Block Civil Liberties Award for best written work relating to issues of personal freedom; Irving J. Hellmann, Jr. Award for best note published in volume 49 of the Stanford Law Review; Hilmer Oehlmann, Jr. Memorial Prize for excellence in legal research and writing.

Semifinalist and best preliminary round brief, Kirkwood Moot Court Competition.

Member and Note Editor, Stanford Law Review; Member and Associate Managing Editor, Stanford Journal of International Law; Vice-President, Kirkwood Moot Court Competition.

University of Chicago Divinity School. M.A., Religious Studies, August 1993
Studied modern religious thought, theological ethics, Buddhism, and Confucianism.

Inter-University Program for Chinese Studies. Taipei, Taiwan, September 1991-June 1992
Studied Chinese language in intensive program, emphasizing speaking and reading.

Harvard University. B.A., Magna Cum Laude, East Asian Studies, June 1991
Studied Chinese history and philosophy, Japanese history, religion, and Western political philosophy. Dean’s list every semester. Wrote senior thesis on Western interpretations of the Chuang Tzu.

University of California at Berkeley. Summer 1990
Studied Chinese language.

Sophia University. Tokyo, Japan, Summer 1989
Studied Japanese religion and art.

Experience

U.S. Department of Justice, Office of Legal Counsel, Washington, D.C.
Attorney-Advisor, August 1999-June 2001
Reviewed pending legislation for constitutionality. Advised Justice Department components and executive agencies, including the Attorney General and the White House Counsel, on constitutional and statutory matters. Wrote legal opinions on issues of administrative and constitutional law. Reviewed Attorney General and executive orders for form and legality. Areas of emphasis included national security, the pardon power, the appointment power, abortion rights, environmental law, federal land management, and separation of powers.

Hon. Ruth Bader Ginsburg, United States Supreme Court, Washington, D.C.
Law Clerk, July 1998-July 1999

Hon. David S. Tatel, D.C. Circuit Court of Appeals, Washington, D.C.
Law Clerk, August 1997-July 1998

Professor Kathleen Sullivan, Stanford, CA
Research Assistant, May 1996-June 1997
Researched and wrote memoranda on First Amendment issues to assist Professor Sullivan with articles, speeches, and the preparation of Gunther & Sullivan, Constitutional Law.

Jenner & Block, Washington, D.C.
Summer Associate, July 1996-August 1996
Researched and wrote memoranda on tort law and insurance law issues. Worked on brief in D.C. Circuit criminal law case.

Williams & Connolly, Washington, D.C.
Summer Associate, June 1996-July 1996
Researched and wrote memoranda on tort law and securities law issues. Researched and drafted several motions in pro bono criminal case.

Professors Marc Franklin & Robert Rabin, Stanford, CA
Research Assistant, March 1995-June 1996
Researched tort law, tort reform policy, and media law issues to assist with preparation of Franklin & Rabin, Cases and Materials on Tort Law and Alternatives.

Hon. Stephen Reinhardt, Ninth Circuit Court of Appeals, Los Angeles, CA
Summer Extern, June 1995-July 1995
Researched and wrote bench memoranda. Discussed upcoming cases with clerks.

Lewis, D’Amato, Brisbois, Bisgaard, Buxbaum & Choy, Xiamen, P.R.C./Hong Kong
Legal Assistant, October 1993-June 1994
Translated legal documents from Chinese into English. Translated between English and Chinese at joint venture negotiations. Wrote memoranda on issues of Chinese law.

Berlitz, Inc., Winnetka, IL
English Teacher, July 1992-December 1992
Taught English as a second language to Japanese and French students.

Self Employed, Taipei, Taiwan
English Teacher, June 1991-June 1992
Taught English as a second language to individual students and classes of students of all ages.

Cambridge Rindge & Latin School, Cambridge, MA
Debate Coach, September 1989-June 1991
Taught competitive debate to fifteen high school students; led team to top fifteen finishes at several national tournaments.

Other

Member of the Illinois Bar since 1999.

Scholarship cited by two federal circuit courts, two federal district courts, and the Vermont Supreme Court.

Quoted in Atlanta Journal Constitution, Boston Globe, Chicago Tribune, Cleveland Plain Dealer, International Herald Tribune, Los Angeles Times, New York Newsday, New York Times, USA Today, and many other media publications.

Appeared on ABC’s Nightline, FOX News Channel’s Fox Report, TVN Morning News Show (Polish national television);National Public Radio’s On Point, Court TV Radio’s Court TV Morning, Boston University Radio’s Here and Now, WPHT Radio in Philadelphia, and WGNU Radio in St. Louis.

Volunteered for John Kerry’s Presidential campaign, Summer 2003.

Enjoy oil painting and writing fiction; have published over thirty short stories and humor pieces in various online and print journals. have published over three-dozen short stories and humor pieces in various online and print journals (full list at www.jaywex.com). Represented by the Francis Goldin Literary Agency.

Publications

"Judicial Minimalism and the Evolution Controversy: Further Thoughts on the 'Is it Science?' Question," St. Thomas Journal of Law & Policy (forthcoming).
The Odd Clauses: Understanding the Constitution Through Ten of its Most Curious Provisions, Beacon Press (forthcoming).
"Justice Ginsburg's Footnotes," in Symposium, New England Law Review (forthcoming).
Holy Hullabaloos: A Road Trip to the Battlegrounds of the Church/State Wars, Beacon Press (2009).
"Religion in Public Schools," in The Chicago Companion to the Child 815, University of Chicago Press (2009).
"Laugh Track II, Still Laughin'!" 117 Yale Law Journal Pocket Part 130 (2007).
"Protecting Religion Through Statute: The Mixed Case of the United States," 5(3) Review of Faith and International Affairs 17 (2007).
"What Should We Teach When We Teach About Religion? The Case for a Global Perspective," in Conference Proceedings: Religion and the Rule of Law in Southeast Asia: Continuing the Discussion, Institute for Global Engagement (2007). [in English and Vietnamese]
"The (Non)Uniqueness of Environmental Law," 74 George Washington Law Review 260 (2006).
"The Endorsement Court," 21 Washington University Journal of Law & Policy 263 (2006).
"From the Classroom to the Courtroom: Intelligent Design and the Constitution," in Not in Our Classrooms: Why Intelligent Design is Wrong for Our Schools 83, Beacon Press (2006).
"Intelligent Design and the First Amendment: A Response," 83 Washington University Law Quarterly 63 (2006).
"Kitzmiller and the 'Is it Science?' Question," 5 First Amendment Law Review 90 (2006).
"Too Much, Too Little: Religion in the Public Schools," 6 University of Maryland Journal of Race, Religion, Gender, and Class 107 (2006).
"Laugh Track," 9 Green Bag 2d 59 (2005).
"The Scopes Trope," review of Larry A. Witham, Where Darwin Meets the Bible: Creationists and Evolutionists in America, Oxford University Press, 93 Georgetown Law Journal 1693 (2005).
"Parks as Gyms? Recreational Paradigms and Public Health in the National Parks," 30 American Journal of Law and Medicine 155 (2004).
"Darwin, Design, and Disestablishment: Teaching the Evolution Controversy in Public Schools," 56 Vanderbilt Law Review 749 (2003).
"Framing the Public Square," review of Stephen L. Carter, God's Name in Vain: The Wrongs and Rights of Religion in Politics, Basic Books (2000), 91 Georgetown Law Journal 183 (2002).
"Preparing for the Clothed Public Square: Teaching About Religion, Civic Education, and the Constitution," 43 William and Mary Law Review 1159 (2002).
"Defending the Middle Way: Intermediate Scrutiny as Judicial Minimalism," 66 George Washington Law Review 298 (1998).
"Cleaning the Mess?" 49 Stanford Law Review 667 (1997). [Book Note]
"Of Pandas, People, and the First Amendment: The Constitutionality of Teaching Intelligent Design in the Public Schools," 49 Stanford Law Review 439 (1997). [Note]
"Risk in the Balance," review of Risk Versus Risk: Tradeoffs in Protecting Health and the Environment, J. D. Graham & J. B. Wiener, eds., Harvard University Press (1995), 30 Connecticut Law Review 225 (1997).
Book Review, Edward Tenner, Why Things Bite Back: Technology and the Revenge of Unintended Consequences, Vintage (1997), 16 Stanford Environmental Law Journal 334 (1997).