FIRST AMENDMENT RIGHTS IN AMERICA'S PUBLIC SCHOOLS: FROM THE SCHOOLHOUSE GATE TO THE COURTHOUSE STEPS

MARCH 7, 2008

Vikram Amar

Professor of Law

Professor of Law

Vikram Amar is a Professor of Law at the UC Davis School of Law. In 2007, Professor Amar returned to UC Davis, where he taught from 1993 to 1998. During the interval, Professor Amar taught at the UC Hastings College of the Law and the UCLA School of Law. In addition, he has also served as a Visiting Professor at the UC Berkeley School of Law each year since 1995.

Professor Amar received a bachelor's degree in history from the University of California at Berkeley and his J.D. from Yale Law School, where he served as an Articles Editor for the Yale Law Journal. Upon graduating from law school, Professor Amar clerked for Judge William A. Norris of the United States Court of Appeals for the Ninth Circuit, and then for Justice Harry A. Blackmun of the United States Supreme Court. He also worked in private practice for several years at Gibson, Dunn & Crutcher.

Professor Amar writes, teaches, and consults in the public law fields, especially constitutional law, civil procedure, and remedies. He is a co-author, along with William Cohen and Jonathan Varat, of Constitutional Law: Cases and Materials (Foundation Press, 12th ed. 2005), and is a co-author on a number of volumes of the Wright & Miller Federal Practice and Procedure Treatise (West Publishing Co.). He has published in a variety of journals, including the Yale Law Journal, the Stanford Law Review, the Cornell Law Review, Virginia Law Review, Vanderbilt Law Review, California Law Review, and William and Mary Law Review. Professor Amar also authors a bi-weekly column on constitutional matters for findlaw.com (the most frequently visited website devoted to legal issues). He often serves as a commentator on local and national radio and TV, and has written dozens of op-ed pieces for newspapers and magazines.

For more information on Professor Amar, please see:http://www.law.ucdavis.edu/faculty/amar.shtml.

Alan E. Brownstein

Professor of Law

Professor of Law

Alan Brownstein is a Professor of Law at the UC Davis School of Law. He received his B.A. in political science and psychology from Antioch College and his J.D. from Harvard University. After serving as a clerk to the Honorable Frank M. Coffin, Chief Judge, Federal Court of Appeals, First Circuit, he practiced law with the firm of Tuttle & Taylor in Los Angeles.

Professor Brownstein teaches Constitutional Law, Law and Religion, and Torts. 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, and UCLA Law Review. Professor Brownstein is a frequent lecturer at academic conferences and regularly participates as a speaker or panelist in law-related programs before civic, legal, religious, and educational groups.

For more information on Professor Brownstein, please see:http://www.law.ucdavis.edu/faculty/brownstein.shtml.

Erwin Chemerinsky

Professor of Law

Professor of Law

Soon to be the founding dean of the Donald Bren School of Law at UC Irvine, Erwin Chemerinsky joined the Duke faculty in 2004 after twenty-one years at the University of Southern California Law School. He has also taught at DePaul College of Law and practiced law as a trial attorney for the United States Department of Justice and at Dobrovir, Oakes & Gebhardt in Washington, D.C. He earned his B.S. from Northwestern University and his J.D. from Harvard Law School.

Professor Chemerinsky has authored four books on constitutional law and federal jurisdiction and more than 100 law review articles. He also writes a regular column on the Supreme Court for California Lawyer, Los Angeles Daily Journal, and Trial Magazine; frequently contributes to newspapers and other magazines; and regularly serves as a commentator on legal issues for national and local media.

Professor Chemerinsky frequently argues appellate cases before the United States Supreme Court and the United States Courts of Appeals. He has testified many times before congressional and state legislative committees, including as a witness before the Senate Judiciary Committee on Samuel Alito's Supreme Court confirmation hearings in 2006.

Steve Green

Professor of Law

Professor of Law

Steve Green is a Professor of Law and Director of the Center for the Study of Religion, Law & Democracy at Willamette College of Law.

Professor Green received his B.A. from Texas Christian University, Phi Beta Kappa, his M.A. and Ph.D. from the University of North Carolina, and his J.D. from the University of Texas. Prior to joining the Willamette faculty in August 2001, Professor Green served for nine years as general counsel and director of policy for Americans United for Separation of Church and State, a national public interest organization in Washington D.C. that concentrates on First Amendment issues.

Professor Green has litigated in First Amendment law involving issues such as school prayer, public funding of religious institutions, public religious displays, religious discrimination, religious free exercise and freedom of speech, and has participated in several cases before the U.S. Supreme Court. Moreover, Professor Green has extensive legislative experience. He helped draft federal and state laws affecting religious liberty interests, including the Religious Freedom Restoration Act (1993) and the Religious Land-Use and Institutionalized Persons Protection Act (2000).

Professor Green is a prolific scholar whose articles have been widely published. He is currently writing a case book on church-state law to be published by Baylor University Press.

For more information on Professor Green, please see:http://www.willamette.edu/wucl/faculty/profiles/green/.

Joan Howarth

William S. Boyd Professor of Law

William S. Boyd Professor of Law

Joan Howarth is the William S. Boyd Professor of Law at the William S. Boyd School of Law, University of Nevada, Las Vegas. Professor Howarth earned her J.D. degree from the University of Southern California Law School, where she was a member of the Southern California Law Review. She has been a member of the faculty at Golden Gate University and has been a visiting professor at UC Davis, UC Hastings, and most recently UC Berkeley, where she was Scholar in Residence at the Boalt Center for Social Justice. Previously she served as Associate Director of the ACLU Foundation of Southern California and as deputy in the Office of the California State Public Defender. At UNLV Professor Howarth teaches a variety of Constitutional Law courses and a Capital Defense Clinic. Her scholarship focuses primarily on gender and the death penalty, and on gay and lesbian legal history.

For more information on Professor Howarth, please see:http://www.law.unlv.edu/faculty_joanHowarth.html.

Gia Lee

Professor of Law

Professor of Law

Gia Lee is an Acting Professor of Law at the UCLA School of Law. She is a graduate of Harvard Law School and Harvard College. She also received an M.Phil. in Social and Political Theory at Cambridge University. After law school, Professor Lee clerked for Judge Judith W. Rogers of the U.S. Court of Appeals for the D.C. Circuit. As a Georgetown University Women's Law & Public Policy Fellow, she then litigated employment discrimination cases at both the trial and appellate levels at the Lawyers' Committee for Civil Rights Under Law. After working at McKinsey & Company as a management consultant, she then served as an attorney-advisor at the Office of Legal Counsel in the U.S. Department of Justice, where her areas of specialty included the First Amendment, separation of powers, national security, and civil rights. Prior to joining UCLA Law School, she practiced appellate and constitutional litigation with the Washington, D.C., office of Sidley Austin Brown Wood.

Professor Lee's research interests focus on information and democratic theory, and in particular, how legal regimes govern access to information and thereby structure relations of social and political power. Professor Lee is presently working on a paper that develops a theory of judicial deference appropriate in free speech cases. She is also co-authoring an empirical study on the impact of state medical malpractice disclosure websites on settlement and litigation behavior. She recently authoredThe President's Secrets, forthcoming in the George Washington Law Review, and Persuasion, Transparency and Government Speech, 56 HASTINGS L. REV. 983 (2005).

Melissa Rogers

Visiting Professor of Religion and Public Policy

Visiting Professor of Religion and Public Policy

Melissa Rogers is the Visiting Professor of Religion and Public Policy at Wake Forest University Divinity School

Professor Rogers received her B.A. from Baylor University where she was a member of Phi Beta Kappa. She received a J.D. from the University of Pennsylvania School of Law where she was a member of the National Moot Court Team and a Legal Writing Instructor. Before being appointed to the position of visiting professor of religion and public policy at Wake Forest University Divinity School, Rogers served as the executive director of the Pew Forum on Religion and Public Life in Washington, D.C. The Forum, a project supported by The Pew Charitable Trusts, serves as a clearinghouse and a town hall for the discussion of the ways in which religion shapes ideas and institutions. Previous to her leadership at the Pew Forum, Rogers served as general counsel of the Baptist Joint Committee on Public Affairs based in Washington, D.C. In 2004, Rogers was recognized by the National Journal as one of the church-state experts "politicians will call on when they get serious about addressing an important public policy issue."

Rogers's areas of expertise include: religion and public policy; religion and politics; religion's role in public life; religion and law; separation of church and state; President Bush's faith-based initiative andcharitable choice; and religion and public schools.

Rogers has written widely about the relationship between religion and government. She is currently co-authoring a case book on religion and law for Baylor University Press.

For more information on Professor Rogers, please see:http://divinity.wfu.edu/faculty-rogers.html.

Steven D. Smith

Warren Distinguished Professor of Law

Warren Distinguished Professor of Law

Professor Steven D. Smith is the Warren Distinguished Professor of Law at the University of San Diego School of Law.

Professor Smith received his B.A. from Brigham Young University and his J.D. from Yale University. Before joining the USD law faculty in 2002, he was the Robert and Marion Short Professor of Law at the University of Notre Dame Law School, and was previously the Byron R. White Professor of Law at the University of Colorado School of Law.

Professor Smith is one of the nation's foremost scholars in the area of law and religion, and teaches in the areas of law and religion and constitutional law.

Among his many scholarly works are Law's Quandary (Harvard University Press 2004), The Constitution and the Pride of Reason (Oxford University Press 1998), and Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom (Oxford University Press 1995). Professor Smith's articles on law and religion and constitutional law have been published in the Michigan Law Review, Yale Law Journal, Virginia Law Review, University of Pennsylvania Law Review, and Texas Law Review.

For more information on Professor Smith, please see:http://www.sandiego.edu/usdlaw/faculty/facprofiles/smithsd.php.

Dean Kenneth W. Starr

Duane and Kelly Roberts Dean and Professor of Law

Duane and Kelly Roberts Dean and Professor of Law

Kenneth W. Starr is the Duane and Kelly Roberts Dean and Professor of Law at Pepperdine University School of Law in Malibu, California. He is also Of Counsel to the law firm of Kirkland & Ellis, LLP, where he was a partner from 1993 to 2004, specializing in appellate work, antitrust, federal courts, federal jurisdiction and constitutional law. He was formerly a partner with the law firm Gibson, Dunn & Crutcher, LLP.

As Solicitor General of the United States from 1989 to January 1993, Judge Starr argued twenty-five cases before the Supreme Court. He also served as United States Circuit Judge for the District of Columbia Circuit from 1983 to 1989, as counselor to U.S. Attorney General William French Smith from 1981 to 1983 and as law clerk to Chief Justice Warren E. Burger from 1975 to 1977 and 5th Circuit Judge David W. Dyer from 1973-1974. Judge Starr was appointed to serve as Independent Counsel for five investigations, including Whitewater, from August 1994 to October 1999.

Dean Starr previously taught Constitutional Law as an adjunct professor at New York University School of Law. He was also a distinguished visiting professor at George Mason University School of Law and Chapman Law School in Orange, California. He published First Among Equals: The Supreme Court in American Life, in 2002. The book, which was written to explain key decisions by the Justices of the Supreme Court to the American people, is now in paperback. It is described by United States Circuit Judge David B. Sentelle as eminently readable and informative . . . not just the best treatment to date of the Court after Warren, it is likely to have that distinction for a long, long time.

Having received his B.A. from George Washington University in 1968 and his M.A. from Brown University in 1969, Judge Starr graduated from the Duke Law School with a J.D. degree in 1973. He was Note and Comment Editor of the Duke Law Journal and graduated Order of the Coif. He is admitted to practice in California, the District of Columbia, Virginia and the U.S. Supreme Court.

Judge Starr has numerous professional affiliations, including having served as president of the Institute of Judicial Administration in New York and the Council for Court Excellence in Washington, D.C. Other Boards on which he serves or has served include Advocates International, American Law Institute, American Association of Law Schools, American Judicature Society, Supreme Court Historical Society, American Inns of Court Foundation, Institute for United States Studies, American University, Shenandoah University, and the American Bar Association Journal Board of Editors.

He has received a multitude of honors and awards including the J. Reuben Clark Law Society 2005 Distinguished Service Award, the 2004 Capital Book Award, the Jefferson Cup award from the FBI, the Edmund Randolph Award for Outstanding Service in the Department of Justice, and the Attorney General's Award for Distinguished Service.

Judge Starr was born on July 21, 1946, in Vernon, Texas, and raised in San Antonio. He and his wife Alice have three children and two grandchildren. They lived in McLean, Virginia from 1978 to 2004, when they moved to Malibu, California. He has volunteered many hours teaching in the inner city and assisting disadvantaged students in Washington, D.C. with summer internships, after school programs, and financial help for attending college.

George Wright

Professor of Law

Professor of Law

George Wright is the Lawrence A. Jegen III Professor of Law at the Indiana University School of Law — Indianapolis.

Professor Wright received his A.B. from the University of Virginia, his Ph.D. from Indiana University, and his J.D. from the Indiana University School of Law — Indianapolis. Prior to joining the Indiana University School of Law — Indianapolis faculty in the fall of 2001, Professor Wright served as a visiting professor of law at Michigan State University. He was on the faculty at the Samford University, Cumberland School of Law for 15 years.

Professor Wright teaches and writes in the areas of legal philosophy, civil rights, and constitutional law, particularly in the area of freedom of speech. He is the author of six books, including Selling Words (NYU Press 1997), Does the Law Morally Bind the Poor? (NYU Press 1996), and his most recent work, co-authored with Lyrissa Lidsky, Freedom of the Press: A Reference Guide to the United States Constitution (Greenwood Publishing Group, 2004). While in law school, he served as editor-in-chief of the Indiana Law Review and has since written 80 law review articles and book chapters.

For more information on Professor Wright, please see:http://indylaw.indiana.edu/people/profile.cfm?Id=54.