Alan E. Brownstein

University of California, Davis - School of Law

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

Martin Luther King, Jr. Hall

Davis, CA CA 95616-5201

United States

  • University of California, Davis - School of Law

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    • Tel: 530-752-2586
    • Fax: 530-752-4704
SCHOLARLY PAPERS

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Scholarly Papers (23)

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1.

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

University of San Francisco Law Review, No. 45, 2010, UC Davis Legal Studies Research Paper No. 238
Number of pages: 31 Posted: 17 Dec 2010
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 179 (169,273)

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2.

Afterthoughts on Snyder v. Phelps

Cardozo Law Review de novo, p. 43, 2011
Number of pages: 3 Posted: 23 Nov 2011
Vikram D. Amar and Alan E. Brownstein
University of Illinois College of Law and University of California, Davis - School of Law
Downloads 171 (176,271)

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3.

Town of Greece v. Galloway: Constitutional Challenges to State Sponsored Prayers at Local Government Meetings

47 UC Davis Law Review, (2014 Forthcoming) , UC Davis Legal Studies Research Paper No. 365
Number of pages: 26 Posted: 11 Feb 2014
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 137 (212,087)

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endorsement test, legislative prayer, coercion test

4.

The Constitutionalization of Self-Defense in Tort and Criminal Law, Grammatically Correct Originalism, and Other Second Amendment Musings

Hastings Law Review, Vol. 60, 2009, UC Davis Legal Studies Research Paper No. 170
Number of pages: 51 Posted: 17 Apr 2009
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 130 (221,040)

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Second Amendment, Heller, self-defense, prefatory clause, “the right to keep and bear arms”, independent review, negligent storage of firearms

5.

Protecting the Religious Liberty of Religious Institutions

Journal of Contemporary Legal issues, Forthcoming, UC Davis Legal Studies Research Paper No. 326
Number of pages: 53 Posted: 19 Feb 2013
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 119 (236,315)

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Constitutional law, freedom of the church, free exercise of religion, history of religious freedom, religious liberty

6.

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

Cardozo Law Review, Vol. 32, 2011, UC Davis Legal Studies Research Paper No. 255
Number of pages: 31 Posted: 26 Apr 2011
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 111 (248,450)

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7.

The Nonforum as a First Amendment Category: Bringing Order Out of the Chaos of Free Speech Cases Involving School Sponsored Activities

UC Davis Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 141
Number of pages: 116 Posted: 02 Jul 2008
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 87 (292,169)

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Hazelwood v. Kuhlmeier, school sponsored activities, nonforum, legitimate pedagogical concerns, imprimatur of the school, school newspapers

8.

Constitutional Myopia: The Supreme Court's Blindness to Religious Liberty and Religious Equality Values in Town of Greece v. Galloway

Loyola of Los Angeles Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 395
Number of pages: 46 Posted: 14 Sep 2014
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 81 (305,184)

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9.

Death, Grief, and Freedom of Speech: Does the First Amendment Permit Protection Against the Harassment and Commandeering of Funeral Mourners?

Cardozo Law Review de novo, 2010
Number of pages: 12 Posted: 06 Nov 2011
Vikram D. Amar and Alan E. Brownstein
University of Illinois College of Law and University of California, Davis - School of Law
Downloads 70 (331,830)

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10.

Taking Free Exercise Rights Seriously

Case Western Reserve Law Review, Vol. 47, No. 1, Fall 2006, UC Davis Legal Studies Research Paper No. 81
Number of pages: 79 Posted: 21 Sep 2006
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 69 (334,361)

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11.

A Close-Up, Modern Look at First Amendment Academic Freedom Rights of Public College Students and Faculty

Minnesota Law Review, Vol. 101, No. 5, 2017, University of Illinois College of Law Legal Studies Research Paper No. 17-32
Number of pages: 43 Posted: 27 Jul 2017
Vikram D. Amar and Alan E. Brownstein
University of Illinois College of Law and University of California, Davis - School of Law
Downloads 61 (356,435)
Citation 1

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12.

Reviewing Associational Freedom Claims in a Limited Public Forum: An Extension of the Distinction between Debate Dampening and Debate Distorting State Action

Hastings Constitutional Law Quarterly, Vol. 35, p. 505, UC Davis Legal Studies Research Paper No. 234
Number of pages: 46 Posted: 25 Oct 2010 Last Revised: 13 Oct 2011
Vikram D. Amar and Alan E. Brownstein
University of Illinois College of Law and University of California, Davis - School of Law
Downloads 59 (362,414)

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13.

Continuing the Constitutional Dialogue: A Discussion of Justice Stevens’ Establishment Clause and Free Exercise Jurisprudence

Northwestern University Law Review, Vol. 106, 2012, UC Davis Legal Studies Research Paper No. 265
Number of pages: 40 Posted: 17 Aug 2011
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 58 (365,395)

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14.

The Voracious First Amendment: Alvarez and Knox in the Context of 2012 and Beyond

Loyola of Los Angeles Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 320
Number of pages: 65 Posted: 17 Dec 2012
Vikram D. Amar and Alan E. Brownstein
University of Illinois College of Law and University of California, Davis - School of Law
Downloads 52 (384,564)

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15.

Towards a More Explicit, Independent, Consistent and Nuanced Compelled Speech Doctrine

University of Illinois Law Review, Forthcoming, University of Illinois College of Law Legal Studies Research Paper No. 19-14
Number of pages: 38 Posted: 13 Mar 2019 Last Revised: 07 Jun 2019
Vikram D. Amar and Alan E. Brownstein
University of Illinois College of Law and University of California, Davis - School of Law
Downloads 32 (461,469)

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16.

When Avoiding Federal Questions Should not Evade Federal Review: Michigan v. Long Meets, and Trumps, Ashwander v. TVA

UC Davis Legal Studies Research Paper No. 183
Number of pages: 11 Posted: 28 Jul 2009 Last Revised: 04 Sep 2009
Vikram D. Amar and Alan E. Brownstein
University of Illinois College of Law and University of California, Davis - School of Law
Downloads 32 (461,469)

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17.

Academic Freedom

Green Bag 2D, Vol. 9, No. 1, p. 17, Autumn 2005
Number of pages: 7 Posted: 23 Nov 2011
Vikram D. Amar and Alan E. Brownstein
University of Illinois College of Law and University of California, Davis - School of Law
Downloads 31 (466,148)

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18.

Balancing LGBTQIA Rights and Religious Liberties – Commentary on the Ruth Bader Ginsburg Lecture

Thomas Jefferson Law Review, Vol. 41, No. 2, 2019
Number of pages: 18 Posted: 01 Aug 2019
Jocelyn Samuels, Alan E. Brownstein and Maimon Schwarzschild
UCLA School of Law, University of California, Davis - School of Law and University of San Diego School of Law
Downloads 30 (470,911)

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LGBTQ+, religious liberty, religious exemption claims, discrimination, civil rights, equality rights, sexuality, sexual activity, Constitution, First Amendment, Free Exercise Clause, Establishment Clause

19.

The Hybrid Nature of Political Rights

Stanford Law Review, Vol. 50, No. 3, p. 915, February 1998
Number of pages: 101 Posted: 30 Mar 1998 Last Revised: 13 Oct 2011
Vikram D. Amar and Alan E. Brownstein
University of Illinois College of Law and University of California, Davis - School of Law
Downloads 30 (470,911)

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20.

Attempting to Engage in Socially Coherent Dialogue About Religious Liberty and Equality

31 J. Civ. Rts. & Econ. Dev. 71, UC Davis Legal Studies Research Paper
Number of pages: 54 Posted: 31 Jul 2018
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 23 (508,353)

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religious liberty, equality

21.

Why the Case for Amending the U.S. Constitution to Prohibit or Regulate Gay Marriage is 'Not Proved'

Hastings Constitutional Law Quarterly, Vol. 32, No. 1 and 2, Fall 2004, Winter 2005
Number of pages: 9 Posted: 06 Nov 2011
Vikram D. Amar and Alan E. Brownstein
University of Illinois College of Law and University of California, Davis - School of Law
Downloads 17 (543,672)

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22.

Choosing among Non-Negotiated Surrender, Negotiated Protection of Liberty and Equality, or Learning and Earning Empathy

Alan Brownstein, Chapter 2 of Religious Freedom, LGBT Rights and the Propects for Common Ground, (William N. Eskridge & Robin Fretwell Wilson 2018)
Number of pages: 15 Posted: 27 Feb 2019 Last Revised: 21 Mar 2019
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 15 (555,519)

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23.

Reasonable Accommodations Under the ADA: The Supreme Court in Barnett

Green Bag 2d, Vol. 5, No. 4, p. 361, Summer 2002
Number of pages: 6 Posted: 13 Nov 2011
Vikram D. Amar and Alan E. Brownstein
University of Illinois College of Law and University of California, Davis - School of Law
Downloads 13 (567,878)

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