Jay Wexler
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Publications
Forthcoming
"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).
2009
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).
2007
"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]
2006
"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).
2005
"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).
2004
"Parks as Gyms? Recreational Paradigms and Public Health in the National Parks," 30 American Journal of Law and Medicine 155 (2004).
2003
"Darwin, Design, and Disestablishment: Teaching the Evolution Controversy in Public Schools," 56 Vanderbilt Law Review 749 (2003).
2002
"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).
1998
"Defending the Middle Way: Intermediate Scrutiny as Judicial Minimalism," 66 George Washington Law Review 298 (1998).
1997
"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).