Jay Wexler

Jay D. Wexler

Professor of Law

Michaels Faculty Research Scholar

BA magna cum laude, Harvard University
MA, University of Chicago Divinity School
JD, Stanford University


Biography

Professor Jay Wexler has taught at Boston University School of Law since 2001. He earned tenure 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, constitutional law, environmental law, and marijuana law. His articles, essays, and reviews have been published in the BYU Law Review, George Washington Law Review, Georgetown Law Journal, Minnesota Law Review, 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 seven books. His most recent volume, Weed Rules: Blazing the Way to a Just and Joyful Marijuana Policy, was published by University of California Press in April 2023. His prior book, Our Non-Christian Nation: How Atheists, Satanists, Pagans, and Others are Demanding Their Rightful Place in Public Life, was published in 2019 by Redwood Press, the trade imprint of Stanford University Press, and won a 2019 Independent Publishers Gold Medal award in the Religion category. Wexler’s other books have focused on topics such as the environmental impacts of religious practices around the world and quirky but important clauses in the U.S. Constitution. In addition, Wexler writes legal fiction and has published a novel, Tuttle in the Balance, about a Supreme Court justice having a mid-life crisis. Professor Wexler’s shorter pieces have appeared in places like the Boston Globe, Huffington Post, McSweeney’s Internet Tendency, Mental Floss, National Geographic’s NewsWatch, The New Yorker, Newsweek, Salon, Slate, Spy, USA Today, and Vox.

Wexler speaks on church-state and other constitutional issues across the United States and internationally. In the fall of 2022, he spent six weeks as a visiting scholar at the Jigme Singye Wangchuck School of Law, the first and only law school in the Kingdom of Bhutan. In 2014, Wexler taught US Constitutional Law on a Fulbright Fellowship at the University of Buenos Aires. He has previously taught constitutional civil liberties at the University of Lyon 3 and church-state law on a Fulbright Fellowship at Jagiellonian University in Krakow, Poland. He has delivered lectures on constitutional and environmental topics in Bangkok, Hanoi, Madrid, Moscow, Oslo, Santiago, Tallinn, and Warsaw. In addition, Professor Wexler has appeared as a church-state law expert in the documentary film Hail Satan? which premiered at the Sundance Film Festival in 2018, and in an episode of the Emmy award winning A&E series Leah Remini: Scientology and the Aftermath.

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.

Publications

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  • Jay D. Wexler, Weed Rules: Toward a Just, Joyous, and Sensible Marijuana Policy in a Post-Legalization Nation (2023)
    Scholarly Commons
  • Jay D. Wexler, Justices Citing Justices 26 Green Bag (2023)
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  • Jay D. Wexler & Connor Burns, American Edibles: How Cannabis Regulatory Policy Rehashes Prohibitionist Fears and What to do About It 44 Seattle University Law Review (2021)
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  • Jay D. Wexler, Secular Invocations and the Promise of Religious Pluralism 26 Roger Williams University Law Review (2021)
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  • Jay D. Wexler, Our Non-Christian Nation: How Wiccans, Satanists, Atheists, and Other Non-Christians are Demanding Their Rightful Place in American Public Life (2019)
    Scholarly Commons
  • Jay D. Wexler, When Religion Pollutes: How Should Law Respond When Religious Practice Threatens Public Health?, in Law, Religion, and Health in the United States (Holly Fernandez Lynch, I. Glenn Cohen, Elizabeth Sepper,2017)
    Scholarly Commons
  • Jay D. Wexler, When God is Not Green: A World-wide Journey to Places Where Religious Practice and Environmentalism Collide (2016)
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  • Jay D. Wexler, Tuttle in the Balance: A Novel (2015)
    Scholarly Commons
  • Jay D. Wexler, Constitutional Exaptation, Political Dysfunction, and the Recess Appointments Clause 94 Boston University Law Review (2014)
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  • Jay D. Wexler, Some Thoughts on the First Amendment's Religion Clauses and Abner Greene's Against Obligation, with Reference to Patton Oswalt's Character 'Paul from Staten Island' in the Film Big Fan No. 13-08 Boston University School of Law, Public Law Research Paper (2013)
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  • Jay D. Wexler, The Odd Clauses: Understanding the Constitution Through Ten of its Most Curious Provisions (2012)
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  • Jay D. Wexler, Adventures of Ed Tuttle, Associate Justice, and Other Stories (2012)
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  • Jay D. Wexler & David Hatton, The First Ever (Maybe) Original Jurisdiction Standings 1 Journal of Legal Metrics (2012)
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  • Jay D. Wexler, Government Disapproval of Religion No. 11-32 Boston University School of Law, Public Law Research Paper (2011)
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  • Jay D. Wexler, I'm a Laycockian! (for the Most Part) 89 Texas Law Review (2011) (book review)
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  • Jay D. Wexler, Eagle Party 14 Green Bag 2d (2011)
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  • Jay D. Wexler, From the Classroom to the Courtroom: Intelligent Design and the Constitution 3 Evolution: Education and Outreach (2010)
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  • Jay D. Wexler, Holy Hullabaloos: A Road Trip to the Battlegrounds of the Church/State Wars (2009)
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  • Jay D. Wexler, Religion in Public Schools, in The Child: An Encyclopedic Companion (Richard A. Shweder,2009)
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  • Jay D. Wexler, Intelligent Design and Judicial Minimalism: Further Thoughts on the 'Is It Science?' Question 4 University of St. Thomas Journal of Law and Public Policy (2009)
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  • Jay D. Wexler, Justice Ginsburg's Footnotes 43 New England Law Review (2009)
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  • Jay D. Wexler, What Should We Teach When We Teach About Religion? The Case for a Global Perspective, Conference Proceedings: Religion and the Rule of Law in Southeast Asia: Continuing the Discussion (2007)
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  • Jay D. Wexler, Protecting Religion Through Statute: The Mixed Case of the United States 5 Review of Faith and International Affairs (2007)
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  • Jay D. Wexler, Intelligent Design and the First Amendment: A Response 84 Washington University Law Quarterly (2006)
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  • Jay D. Wexler, Kitzmiller and the "Is it Science?" Question 5 First Amendment Law Review (2006)
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  • Jay D. Wexler, Too Much, Too Little: Religion in the Public Schools 6 University of Maryland Journal of Race, Religion, Gender, and Class (2006)
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  • Jay D. Wexler, The Endorsement Court 21 Washington University Journal of Law & Policy (2006)
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  • Jay D. Wexler, Laugh Track 9 Green Bag 2d (2005)
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  • Jay D. Wexler, Parks as Gyms? Recreational Paradigms and Public Health in the National Parks 30 American Journal of Law & Medicine (2004)
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  • Jay D. Wexler, Darwin, Design, and Disestablishment: Teaching the Evolution Controversy in Public Schools 56 Vanderbilt Law Review (2003)
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  • Jay D. Wexler, Preparing for the Clothed Public Square: Teaching About Religion, Civic Education, and the Constitution 43 William and Mary Law Review (2002)
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  • Jay D. Wexler, Framing the Public Square 91 Georgetown Law Journal (2002) (book review)
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  • Jay D. Wexler, Defending the Middle Way: Intermediate Scrutiny as Judicial Minimalism 66 George Washington Law Review (1998)
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  • Jay D. Wexler, Of Pandas, People, and the First Amendment: The Constitutionality of Teaching Intelligent Design in the Public Schools 49 Stanford Law Review (1997)
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  • Jay D. Wexler, Risk in the Balance 30 Connecticut Law Review (1997) (book review)
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  • Jay D. Wexler, Review of Why Things Bite Back: Technology and the Revenge of Unintended Consequences by Edward Tenner 16 Stanford Environmental Law Journal (1997) (book review)
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Courses

Environmental Law: LAW JD 833

4 credits

This is an introductory survey course in environmental law. We will consider the theoretical foundations and political dimensions of environmental law as we focus on several key statutes including the Clean Air Act (and its application to climate change), Clean Water Act, the Comprehensive Environmental Response, Compensation and Liability Act (the Superfund statute), and the National Environmental Protection Act.

SPRG 2024: LAW JD 833 A1 , Jan 16th to Apr 23rd 2024
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Madison Condon LAW 413

First Amendment: LAW JD 839

3 credits

This course will examine the free speech, free exercise and establishment clauses of the First Amendment. About two-thirds of the course will focus on speech, including such topics as political speech (including campaign finance regulation), commercial speech, and expression in the public forum. The final one-third of the course will focus on religion, including such topics as freedom of religious practice, religion in schools, and religious displays and symbols.

FALL 2023: LAW JD 839 A1 , Sep 6th to Dec 6th 2023
Days Start End Credits Instructors Bldg Room
Mon,Wed 11:00 am 12:25 pm 3 Jay D. Wexler LAW 101

Law & Regulation of Cannabis (S): LAW JD 969

3 credits

This seminar will examine the burgeoning field of law surrounding the use, sale, and production of cannabis. Possible topics include federal versus state power to regulate cannabis, the substantive criminal laws regarding cannabis, and a variety of other issues such as banking, tax, and environmental laws that impact the cannabis industry in the United States. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2023: LAW JD 969 A1 , Sep 7th to Dec 7th 2023
Days Start End Credits Instructors Bldg Room
Thu 2:10 pm 4:10 pm 3 Jay D. Wexler LAW 420