Bryan H. Wildenthal
Bryan H. Wildenthal
Professor of Law
J.D., Stanford University, with distinction;
A.B., Stanford University, with distinction and departmental honors
A.B., Stanford University, with distinction and departmental honors
Phone: (619) 961-4342
E-mail: bryanw@tjsl.edu
Professor Wildenthal served as a senior editor of the Stanford Law Review, and clerked for Judge Frank M. Johnson Jr. of the U.S. Court of Appeals for the 11th Circuit and Chief Justice Michael F. Cavanagh of the Michigan Supreme Court. He practiced law with Wilmer, Cutler & Pickering (now WilmerHale) in Washington, D.C., and taught at IIT Chicago-Kent College of Law before joining the Thomas Jefferson faculty in 1996.
He has published numerous articles in leading law reviews and his first book appeared in 2003. He is now at work on a series of articles that will eventually form his second book, offering a sweeping reinterpretation of the Fourteenth Amendment and its application of the Bill of Rights to the states. His scholarly interests generally focus on constitutional law and history (including comparative constitutional law), American Indian law, and sexual identity law.
Visit Professor Wildenthal's professional home page and SSRN author page.
Courses include:
American Indian Law, Constitutional Law, Federal Courts & Jurisdiction.
Scholarships
BOOKS
Native American Sovereignty On Trial: A Handbook With Cases, Laws, and Documents (Santa Barbara, CA: ABC-CLIO, 2003)
ARTICLES, BOOK CHAPTERS, AND ARTICLE-LENGTH WORKS
A Personal Perspective on Marriage, Time, Space, Uncertainty, and the Law, 2011 Mich. St. L. Rev. 229 (2011)
Nationalizing the Bill of Rights: Scholarship and Commentary on the Fourteenth Amendment in 1867-73, 18 J. Contemp. Legal Issues 153 (2009), available at http://ssrn.com/abstract=1354404
How the Ninth Circuit Overruled a Century of Supreme Court Indian Jurisprudence--And Has So Far Gotten Away With It, 2008 Mich. St. L. Rev. 547 (2008), available at http://ssrn.com/abstract=1099683
Federal Labor Law, Indian Sovereignty, and the Canons of Construction, 86 Or. L. Rev. 413 (2007), available at http://ssrn.com/abstract=970590
A Reply to Professor Thomas, 68 Ohio St. L.J. 1659 (2007), available at http://ssrn.com/abstract=1019308
Nationalizing the Bill of Rights: Revisiting the Original Understanding of the Fourteenth Amendment in 1866-67, 68 Ohio St. L. J. 1509 (2007), available at http://ssrn.com/abstract=963487
Fighting the Lone Wolf Mentality: Twenty-First Century Reflections on the Paradoxical State of American Indian Law, 38 Tulsa L. Rev. 113 (2002), available at http://ssrn.com/abstract=480885=480885
The Road to Twining: Reassessing the Disincorporation of the Bill of Rights, 61 Ohio St. L.J. 1457 (2000), available at http://ssrn.com/abstract=229443
The Lost Compromise: Reassessing the Early Understanding in Court and Congress on Incorporation of the Bill of Rights in the Fourteenth Amendment, 61 Ohio St. L.J. 1051 (2000), available at http://ssrn.com/abstract=229228
List of Works
To Say “I Do”: Shahar v. Bowers, Same-Sex Marriage, and Public Employee Free Speech Rights, 15 Ga. St. U.L. Rev. 381 (1998), available at http://ssrn.com/abstract=181790
The Right of Confrontation, Justice Scalia, and the Power and Limits of Textualism, 48 Wash. & Lee L. Rev. 1323 (1991), available at http://ssrn.com/abstract=1028686
Judicial Philosophies in Collison: Justice Blackmun, Garcia, and the Tenth Amendment, 32 Ariz. L. Rev. 749 (1990), available at http://ssrn.com/abstract=1028684
Note, State Parochialism, the Right to Travel, and the Privileges and Immunities Clause of Article IV, 41 Stan. L. Rev. 1557 (1989), available at http://ssrn.com/abstract=1028679
Presentations
American Constitution Society, San Diego Lawyer Chapter, Panel on Citizens United v. Federal Election Commission, speaker and moderator, Thomas Jefferson School of Law, San Diego, Apr. 2010
Originalism Works-in-Progress Conference, invited commentator and participant, University of San Diego School of Law, Center for the Study of Constitutional Originalism, San Diego, Feb. 2010
CLE Lecture, The Native American Contribution to American Constitutional Law, San Diego County Public Law Library, San Diego, Jan. 2010
How to Read the Constitution, American Constitution Society, San Diego Chapter, San Diego, CA, Apr. 2009
The Constitutional Legacy of Abraham Lincoln, San Diego County Public Law Library, San Diego, CA, Apr. 2009
Participant, Indian Law Stories Workshop (discussing Indian Law Stories, published in 2011 by Foundation Press, edited by Philip Frickey, Carole Goldberg, and Kevin Washburn), UCLA School of Law, Native Nations Law and Policy Center, Los Angeles, CA, Mar. 2009
Scholarship and Commentary on the Fourteenth Amendment in 1866-67: What Can It Tell Us? Symposium: The Fourteenth Amendment and the Bill of Rights: What Have We Learned? Why Does it Matter? University of San Diego School of Law, Center for the Study of Constitutional Originalism, USD Joan Kroc Center for Peace and Justice, Jan. 2009
Association of American Law Schools, Annual Meeting, Section on Indian Nations and Indigenous Peoples, Labor and Employment Laws in Indian Country, speaker and panelist, New York City, Jan. 2008
California Indian Law Association, Annual Conference, California Indian Law Update: 2007 Legislation and Case Law, panel moderator, Pechanga Resort and Casino, Pechanga Indian Reservation, Temecula, CA, Oct. 2007
Faculty Workshop: Incorporation of the Bill of Rights Against the States: The Never-Ending Debate, speaker and panelist, Salmon P. Chase College of Law, Northern Kentucky University, Highland Heights, Ky., Nov. 2005
Law and Humanities Institute, Conference on Law and the Humanities’ Representation of the Holocaust, Genocide, and Other Human Rights Violations, The Legacy of the American Genocide Against the Indians, speaker and panelist, Thomas Jefferson School of Law and Congregation Beth Israel, San Diego, Jan. 2005
Law and Humanities Institute, Law and Opera Salon: The Case of the Amistad, speaker, Rancho Santa Fe, CA, March 2004
California Indian Law Association, Annual Conference, Tribal-State-Local Government Relations, panel moderator, California Western School of Law, San Diego, Feb. 2004
Southeastern Association of Law Schools, Annual Meeting, Reconsidering Slaughter-House, speaker and panelist, Amelia Island, FL, July 2003
American Society for Legal History, Annual Meeting, The Politics of Race and Law: A Critical Look at the History of Federal Indian Law, panelist and commentator, San Diego, Nov. 2002
Symposium: The Great Writ of Habeas Corpus and the Death Penalty, panelist and commentator, Thomas Jefferson School of Law, San Diego, Nov. 2002
Symposium: John Bingham and the Meaning of the Fourteenth Amendment, Nationalizing the Bill of Rights: Some Surprising Lessons From History, speaker and panelist, University of Akron School of Law, Center for Constitutional Law, Akron, Ohio, Oct. 2002
National Lawyers Guild, Human Rights and Global Wrongs Conference, Gender Discrimination Issues, speaker and panelist, Thomas Jefferson School of Law, San Diego, Mar. 2001
People-to-People Ambassador Programs, International Human and Civil Rights Law Delegation to the Republic of South Africa (member of American delegation of judges, attorneys, and law professors who met and conferred on constitutional and human rights issues with South African judges, attorneys, and law professors, including the South African Constitutional Court, South African Human Rights Commission, University of Cape Town Faculty of Law, Cape Town Women’s Legal Centre, University of the Western Cape Community Law Centre, General Council of the Johannesburg Bar, and Johannesburg Legal Resources Centre), Cape Town and Johannesburg, South Africa, Oct. 2000
National Lawyers Guild, Far West Regional Conference, Confronting Hate Crimes, speaker and panel moderator, Thomas Jefferson School of Law, San Diego, Apr. 2000
National Lawyers Guild, Annual Convention, The Movement for Lesbian, Gay, Bisexual, and Transgender People’s Liberation: Where Have All the Grassroots Gone? speaker and panelist on same-sex marriage and free speech, San Francisco, Oct. 1999
State Bar of California, Annual Meeting, Same-Sex Marriage, (continuing legal education presentation), Long Beach, Oct. 1999
The 19th Century Debate on Incorporation of the Bill of Rights in the Fourteenth Amendment, or, Why Everything You Always Thought You Knew About the Slaughter-House Cases Is Wrong, work-in-progress presentation, Thomas Jefferson School of Law, San Diego, Sept. 1999
Sixth Annual International Conference of Gay and Lesbian Criminal Justice Professionals, Creating an Inclusive Work Environment, speaker and workshop leader on discrimination, equal protection, and free speech issues affecting gay and lesbian public employees, San Diego, Sept. 1999
National Lesbian and Gay Law Association, Lavender Law Conference (annual meeting), To Say ‘I Do’: Shahar v. Bowers, Same-Sex Marriage, and Public Employee Free Speech Rights, speaker and panelist, West Hollywood, CA, Oct. 24, 1997 (also presented as a work-in-progress at Thomas Jefferson School of Law, San Diego, Nov. 1997)
International Interdisciplinary Conference on Sex, Law, and Society, on the Tenth Anniversary of Bowers v. Hardwick, Gay Rights, Marriage, and Politics, speaker and panelist, John Marshall Law School, Chicago, Mar. 1996
Expertise
American Indian Issues
Civil Litigation
- Civil Procedure
- Federal Courts and Jurisdiction
Civil Rights
- Civil Rights
- Discrimination
Communication Law
- Media and the Law
Constitutional Law
- Constitutional Law
- Equal Protection
- First Amendment/Freedom of Expression
- Freedom of Religion
Criminal Law
- Criminal Procedure
- Habeas Corpus
Employment Law
- Employment Discrimination
Legal History
Minorities and the Law
Religion and the Law
Sexuality Issues
- Same Sex Marriage
- Sexual Identity and Transgenderism
- Sexual Orientation
Women's Issues
- Employment Discrimination
- Women and the Law
