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

38

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Scholarly Papers (38)

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1.

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 California, Davis - School of Law and University of California, Davis - School of Law
Downloads 234 (274,582)

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2.

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 215 (297,793)
Citation 1

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3.

Locating Free-Exercise Most-Favored-Nation-Status (MFN) Reasoning in Constitutional Context

Forthcoming, 2022 Loyola University of Chicago Law Journal, University of Illinois College of Law Legal Studies Research Paper No. 22-16
Number of pages: 44 Posted: 12 Apr 2022 Last Revised: 16 May 2023
Alan E. Brownstein and Vikram D. Amar
University of California, Davis - School of Law and University of California, Davis - School of Law
Downloads 172 (365,466)
Citation 2

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4.

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 172 (365,466)

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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

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 168 (373,033)
Citation 1

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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 156 (397,546)

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7.

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 149 (412,980)

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

8.

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 147 (417,420)

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endorsement test, legislative prayer, coercion test

9.

Giving Our Better Angels a Chance: A Dialogue on Religious Liberty and Equality

Journal of Appellate Practice and Process, volume 21, issue 2 (forthcoming), U of St. Thomas (Minnesota) Legal Studies Research Paper No. 21-03
Number of pages: 32 Posted: 22 Jan 2021
Alan E. Brownstein and Thomas C. Berg
University of California, Davis - School of Law and University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 137 (441,461)

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Religious liberty, Religious freedom, Free exercise of religion, Religious equality, Church-state relations, Establishment Clause, Polarization, Religious minorities, Discrimination against religion, Targeting of religion, LGBTQ equality, Religious exemptions, Religious conservatives, Religious nonp

10.

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 California, Davis - School of Law and University of California, Davis - School of Law
Downloads 120 (489,962)
Citation 1

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11.

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 California, Davis - School of Law and University of California, Davis - School of Law
Downloads 106 (537,407)

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12.

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 101 (556,476)

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

13.

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 100 (560,324)

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14.

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 California, Davis - School of Law and University of California, Davis - School of Law
Downloads 100 (560,324)

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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 California, Davis - School of Law and University of California, Davis - School of Law
Downloads 97 (571,715)

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16.

Protecting Religious Liberty: The False Messiahs of Free Speech Doctrine and Formal Neutrality

18 The Journal of Law & Politics 119
Number of pages: 60 Posted: 15 Oct 2020
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 94 (583,343)

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17.

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 85 (620,480)

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18.

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: 39 Posted: 25 Oct 2010 Last Revised: 13 Dec 2021
Vikram D. Amar and Alan E. Brownstein
University of California, Davis - School of Law and University of California, Davis - School of Law
Downloads 82 (633,623)

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19.

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 74 (671,087)

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20.

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 California, Davis - School of Law and University of California, Davis - School of Law
Downloads 64 (724,421)

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21.

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: 07 Mar 2022
Vikram D. Amar and Alan E. Brownstein
University of California, Davis - School of Law and University of California, Davis - School of Law
Downloads 61 (741,952)

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22.

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 California, Davis - School of Law and University of California, Davis - School of Law
Downloads 59 (754,258)

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23.

The Reasons Why Originalism Provides a Weak Foundation for Interpreting Constitutional Provisions Relating to Religion

Cardoza L. Rev. De Novo 196
Number of pages: 23 Posted: 15 Oct 2020
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 56 (773,442)

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24.

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 52 (800,877)

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25.

How Rights Are Infringed: The Role of Undue Burden Analysis in Constitutional Doctrine

45 Hastings Law Journal 867
Number of pages: 95 Posted: 15 Oct 2020
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 43 (870,595)

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26.

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 39 (905,840)

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religious liberty, equality

27.

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 California, Davis - School of Law and University of California, Davis - School of Law
Downloads 39 (905,840)

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28.

Alternative Maps for Navigating the First Amendment Maze - A Review of 'THE FIRST AMENDMENT'

16 Constitutional Commentary 101
Number of pages: 48 Posted: 15 Oct 2020
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 34 (953,387)

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29.

Regulating Hate Speech at Public Universities: Are First Amendment Values Functionally Incompatible with Equal Protection Principles?

39 Buffalo Law Review 1
Number of pages: 53 Posted: 15 Oct 2020
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 33 (963,393)

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30.

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 California, Davis - School of Law and University of California, Davis - School of Law
Downloads 33 (963,393)

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31.

Justifying Free Exercise Rights

University of St. Thomas Law Journal 504
Number of pages: 46 Posted: 15 Oct 2020
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 29 (1,005,525)

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32.

Harmonizing the Heavenly and Earthly Spheres: The Fragmentation and Synthesis of Religion, Equality, and Speech in the Constitution

51 Ohio State Law Journal 89
Number of pages: 87 Posted: 15 Oct 2020
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 28 (1,016,604)

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33.

Hate Speech at Public Universities: The Search for an Enforcement Model

37 Wayne State Law Review 1451
Number of pages: 19 Posted: 15 Oct 2020
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 28 (1,016,604)

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34.

Rules of Engagement for Cultural Wars: Regulating Conduct, Unprotected Speech, and Protected Expression in Anti-Abortion Protests

29 U.C. Davis Law Review 553 , UC Davis Legal Studies Research Paper Forthcoming
Number of pages: 87 Posted: 15 Oct 2020
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 27 (1,027,903)

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35.

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
Number of pages: 41 Posted: 15 Oct 2020
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 23 (1,075,228)

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36.

Hate Speech and Harassment: The Constitutionality of Campus Codes That Prohibit Racial Insults

3 William & Mary Bill of Rights Journal 179
Number of pages: 40 Posted: 15 Oct 2020
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 22 (1,087,513)

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37.

The Right Not to be John Garvey: A Review of 'What Are Freedom For?', by John H. Garvey

83 Cornell Law Review 767
Number of pages: 54 Posted: 15 Oct 2020
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 15 (1,176,464)

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38.

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
Number of pages: 55 Posted: 14 Oct 2020
Alan E. Brownstein
University of California, Davis - School of Law
Downloads 11 (1,225,576)

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