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Jay Wexler

Professor of Law at Boston University

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  • Boston University

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Biography

Boston University

Since joining the BU faculty in 2001, Jay Wexler has taught courses in Administrative Law, American Indian Law, Environmental Law, First Amendment, Law and Religion, Legislation, and Natural Resources Law. He was granted tenure by the University in 2007 and was awarded the Michael Melton Award for Excellence in Teaching at the law school in 2009. Professor Wexler’s scholarship focuses on church-state law. His articles, essays, and reviews have been published in the BYU Law Review, George Washington Law Review, Georgetown Law Journal, Texas Law Review, Vanderbilt Law Review, Washington University Law Review, and_ William and Mary Law Review_, among other places.

Professor Wexler is also the author of two non-fiction books: Holy Hullabaloos: A Road Trip to the Battleground of the Church/State Wars, and The Odd Clauses: Understanding the Constitution Through Ten of its Most Curious Provisions, both published by Beacon Press in Boston. According to Publisher’s Weekly’s starred review, Holy Hullabaloos “is a rare treat, a combination of thoughtful analysis and quirky humor that illuminates an issue that rarely elicits a laugh—and that is central to the American body politic.” A review of_ The Odd Clauses_ by the History Book Club called the book “magical” and “a gem.” Wexler’s third non-fiction book will focus on worldwide clashes between religious practices and environmental protection, and will also be published by Beacon Press. Professor Wexler often reviews books for the_Boston Globe_, and his shorter essays have appeared in places like_ The Huffington Post, Mental Floss, National Geographic’s NewsWatch, Salon, Slate, and Spy_.

In addition to speaking on church-state and other constitutional issues around the country, Professor Wexler maintains an international profile. In 2008, he taught constitutional civil liberties at the University of Lyon 3 and then taught church-state law on a Fulbright Fellowship at Jagiellonian University in Krakow, Poland. He has also delivered lectures on constitutional and environmental topics in Bangkok, Hanoi, Moscow, Oslo, Santiago, and Warsaw. Prior to attending law school, he lived in Hong Kong, Taipei, and Xiamen, a city in mainland China.

Before coming to BU Law, Professor Wexler worked as a law clerk for Judge David Tatel on the DC Circuit Court of Appeals and Justice Ruth Bader Ginsburg at the United States Supreme Court. From 1999 to 2001, he was an attorney advisor at the Office of Legal Counsel in the Department of Justice where he provided advice on constitutional and statutory issues to various members of the executive branch.

In 2005, Professor Wexler published a “study” of Supreme Court oral argument humor in the legal journal The Green Bag. The_ New York Times_ subsequently ran a front page story on the study, but unfortunately this did not result in funnier jokes being told from the bench. Wexler tweets @SCOTUSHUMOR.

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Cases

New on This Fall’s Law School Syllabus: Trump

August 14, 2017

New York Times quoting Jay D. Wexler, School of Law “President Trump is transforming the study of constitutional law…” Expert quote: “It would be easy to design a whole course or write an entire book about the constitutional issues raised in just the first six months of the Trump presidency.” View full article. 

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Declaring ignorance on Independence Day

July 6, 2017

Boston Globe quoting Jay Wexler, School of Law “Coming up with a novel way to celebrate the Fourth of July is not easy after 240 years, and tweeting the Declaration of Independence, line by line, as National Public Radio did this week, seems as good as any…” Expert quote: “Anybody who’s pointing the finger that somebody […]

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On Muslims’ agenda: Fight anti-Sharia proposals in US states

March 28, 2017

Associated Press Jay Wexler, School of Law “Muslims complain they are frivolous bills meant to spread fears and sow suspicion of their religion in a nation divided…” Expert quote: “Many of the other cases cited in the center’s report don’t appear to show evidence that U.S. courts based decisions on Sharia or other foreign codes.” […]

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Analysis: Does Obama Have Grounds to Sue Trump for Libel?

March 7, 2017

NBC News Jay Wexler, School of Law President Donald Trump’s newest pivot might be his way to divert attention from his own Russia troubles by leveling a Watergate-level conspiracy allegation at former President Barack Obama… Expert quote: “What the plaintiff has to show is that the defendant has said, written or tweeted something that is […]

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5 Ways Scalia’s Death Changed the Supreme Court

February 15, 2017

National Law Review Jay Wexler, School of Law It’s been a year since the larger-than-life justice died unexpectedly, and in many ways, according to lawyers, the court feels like a different place…. Expert quote: “There is indeed less laughter at the court this term.” View full article (subscription required)

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Trump rejects new lawsuit over foreign payments to his firms

January 25, 2017

Reuters Jay Wexler, School of Law President Donald Trump on Monday dismissed allegations in a new lawsuit by prominent constitutional and ethics lawyers that he is violating the U.S. Constitution by letting his hotels and other businesses accept payments from foreign governments…. Expert quote: “Either it will find that the plaintiff lacks standing, or alternatively […]

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Media Should Report That President Trump Is Violating The Constitution — And It’s An Impeachable Offense

January 23, 2017

Media Matters For America Jay Wexler, School of Law According to experts, President Donald Trump’s continued ownership interest in the Trump Organization means that he is in violation of the U.S. Constitution’s Emoluments Clause, which prohibits the president from personally benefiting from actions taken by foreign governments and their agents… Expert quote: “The question is […]

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Why America Has a “President” Instead of an “Exalted Highness”

January 19, 2017

Smithsonian Jay Wexler, School of Law In 1789, the year of George Washington’s election, America had spent six years recovering from the Revolutionary War and twice that amount of time trying to nail down what form the new nation’s government would take… Expert quote: “It does create a permanent class of citizens who keep their […]

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Trump’s foreign deals risk Constitution clash

December 12, 2016

USA Today Jay Wexler, School of Law As president, Donald Trump could profit substantially from foreign officials seeking to influence the new leader of the free world, a development that would violate the U.S. Constitution… Expert quote: “There’s enormous potential for foreign influence over national policy, which is something we’ve always guarded against.” View full […]

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Here Are Some Constitutional Plot Twists Hollywood Should Consider

December 6, 2016

TIME Jay Wexler, School of Law If James Madison were alive today, he might be working as a screenwriter in Hollywood… Expert quote: “The Court is not really very dramatic.” View full article

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