William S. Boyd School of Law University of Nevada, Las Vegas
 




































  The Honorable Jay S. Bybee
Judge, U.S. Court of Appeals for the Ninth Circuit
Senior Fellow in Constitutional Law
 
Email: jay.bybee@unlv.edu
 
Curriculum Vitae (pdf)
   
  Education:
B.A., Brigham Young University
J.D. Cum Laude, J. Reuben Clark Law School, Brigham Young University
   
  Jay S. Bybee is a judge on the United States Court of Appeals for the Ninth Circuit. He graduated Magna Cum Laude from Brigham Young University and earned his J.D. Cum Laude from the J. Reuben Clark Law School at Brigham Young University, where he was on the editorial board of the BYU Law Review. From 1991 to 1999, Judge Bybee served on the faculty of the Paul M. Hebert Law Center at Louisiana State University. In 1999, Judge Bybee joined the founding faculty of the William S. Boyd School of Law. At both LSU and UNLV, he taught constitutional law, administrative law, and civil procedure. Judge Bybee was appointed by President George W. Bush as Assistant Attorney General for the Office of Legal Counsel at the U.S. Department of Justice, a position he held from 2001 to 2003. In 2002, President Bush nominated him to be a judge on the U.S. Court of Appeals for the Ninth Circuit. Judge Bybee was confirmed by the Senate and appointed by the President in 2003.

   
 
Areas of Expertise: 
Civil Procedure
Constitutional Law
Federal Courts
   
  Selected Publications:

BOOKS  

Powers Reserved For The People And The States (2006) (with Thomas B. McAffee & A.Christopher Bryant).  

Religious Liberty Under The Free Exercise Clause(U.S. Dept. of Justice, Office of Legal Policy 1986) (with Lowell V. Sturgill).

 

LAW REVIEW AND OTHER ARTICLES  

William Rehnquist, the Separation of Powers, and the Riddle of the Sphinx, 58 Stan. L. Rev. 1735 (2006) (with Tuan N. Samahon).

Judging the Tournament, 32 Fla. St. U. L. Rev. 1055 (2005) (with Thomas J. Miles).

Of Orphans and Vouchers: Nevada’s “Little Blaine Amendment” and the Future of Religious Participation in Public Programs, 2 Nev. L.J. 551 (2002) (with David W. Newton).  

Printz, the Unitary Executive, and the Fire in the Trash Can: Has Justice Scalia Picked the Court’s Pocket?, 77 Notre Dame L. Rev. 269 (2001).

Common Ground: Robert Jackson, Antonin Scalia, and a Power Theory of the First Amendment,75 Tul. L. Rev. 251 (2000).

       --> More Publications (pdf)

   
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