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Todd Brower, Constitutional Law Scholar

Biography

Todd Brower is the Judicial Education Director for the Williams Institute on Sexual Orientation Law and Public Policy at UCLA School of Law. He is a professor of Constitutional Law at Western State College of Law in California. He has an LL.M from Yale Law School, a J.D. from Stanford Law School, an A.B. from Princeton University, and was a Fulbright scholar in France. Professor Brower served on the California Judicial Council – Access and Fairness Advisory Committee and is the author of various law review articles, research studies and publications on Constitutional Law, Real Property, and the treatment of lesbian, gay, bisexual and transgendered persons in the courts of the United Kingdom, California and New Jersey. He has worked with the courts of many US states and federal agencies, with national and international judicial organizations, and been a speaker at conferences in the US and across the world.

Areas of Expertise

LGBTQ Issues

  1. Constitutional Law
  2. Cultural Competency
  3. Ethics
  4. Jury trials
  5. Procedural Fairness

Selected Presentations

  • LGBT Issues for Judges, State of California, San Bernardino County Courts, San Bernardino, CA. October 29, 2015
  • 4-day, 32-hour course on Ethics and Fairness, National Judicial College, Reno, NV. October 20-23, 2015
  • Teachable Moments: Judicial Education Through Current Events, American Judges Association & National Association of State Judicial Educators, Seattle, WA. October 7, 2015
  • National Association of State Judicial Educators, Seattle, WA. October 4-7, 2015
  • Same-Sex Immigration Issues Post-Windsor and Obergefell, of Justice/Immigration Judges, Alexandria, VA. August 11, 2015
  • The Impact of Romer v Evans on LGBT Legal Issues, Lavender Law, Chicago, IL. August 5-8, 2015
  • LGBT Parents and Children in the Courts, NCJFCJ Annual Conference, Austin, TX. July 26-29, 2015
  • Stream Co-Chair: Exploring the Experiences of LGBT Employees in the Workplace. Paper: The workplace experiences of Trans Persons in the United States, Equality Diversity and Inclusion Conference, Tel Aviv University, Tel Aviv, Israel. July 6-8, 2015
  • Paper: Improving Engagement and Student Competency by Using Simulations in Law School Coursework, International Conference on Education and New Developments, Porto, Portugal. June 27-29, 2015
  • LGBT Families: From Invisible to Everyday Litigants (8-hr program), Florida Advanced Judicial Institute, Orlando, FL. June 11, 2015
  • LGBTQ rights in El Salvador (8-hr program), El Salvador Judicial Education, San Salvador, El Salvador. June 8, 2015
  • Experiences of LGBTQ Individuals in the New Mexico Courts, New Mexico Judicial Conference, Albuquerque, NM. June 4, 2015
  • Family Law Post-Windsor, Association of Family and Conciliation Courts, New Orleans, LA. May 27-30, 2015
  • Current Issues in the Law – Sexual Orientation and Gender Identity, National Judicial College, Seattle, WA. May 20-21, 2015
  • LGBT Family Law Update, North Dakota Annual Judicial Conference, Grand Forks, ND. May 19, 2015
  • Panel on Judicial Education, International Day Against Homophobia and Violence International Conference, Budva, Montenegro. May 11-13, 2015
  • Panel on Business Cases for LGBT Diversity in the Balkans, International Day Against Homophobia and Violence International Conference, Budva, Montenegro. May 11-13, 2015
  • Judicial and Police Training (8-hr program), Budva, Montenegro May 10, 2015
  • Education Update on Marriage for Same-Sex Couples, NCJFCJ Board Meeting, Seattle, WA. March 7-8, 2015
  • Transgender Children and Families in the California Courts, CA Judicial Council: Center for Families, Children & the Courts, San Francisco, CA. November 14, 2014
  • Legal and Psychosocial Issues in Marriage and Dissolution for Same-Sex Couples, CA Judicial Council: Center for Families, Children & the Courts, San Francisco, CA. November 14, 2014
  • Transgender Children and Families in the California Courts, CA Judicial Council: Center for Families, Children & the Courts, Sacramento, CA. October 23, 2014
  • Legal and Psychosocial Issues in Marriage and Dissolution for Same-Sex Couples, CA Judicial Council: Center for Families, Children & the Courts, Sacramento, CA. October 23, 2014
  • Creating a Bias-Free Courtroom (4 day program, 8 hours a day), National Judicial College, Reno, NV. October 20-23, 2014
  • Recent Developments in Same-Sex Marriage and Divorce, Louisiana State Bar Association Conference, New Orleans, LA. October 16, 2014
  • Arkansas Statewide Judicial Education Conference, Ft. Smith, AR. October 17, 2014
  • Legal and Psychosocial Issues in Marriage and Dissolution for Same-Sex Couples, CA Judicial Council: Center for Families, Children & the Courts, Los Angeles, CA. October 3, 2014
  • Transgender Children and Families in the Los Angeles Courts, CA Judicial Council: Center for Families, Children & the Courts, Los Angeles, CA. October 3, 2014
  • LGBT Legal Issues Post-Windsor, Ohio Appellate Judges Conference, Columbus, OH. August 27, 2014
  • International Association of GLBT Judges, Lavender Law Conference, New York, NY. August 21-23, 2014
  • LGBT Issues in Immigration, US Citizenship and Immigration Services, Department of Justice, Washington, DC August 11-15, 2014
  • National Association of State Judicial Educators: Annual Conference, Chicago, IL. August 3-6, 2014
  • Marriage and Divorce Post DOMA/Windsor, National Council of Juvenile and Family Court Judges: Annual Conference, Chicago, IL. July 15, 2014
  • Adoption and Parenting: Practical Tools for Emerging Complexities in LGBT Family Law, National Council of Juvenile and Family Court Judges: Annual Conference, Chicago, IL. July 14, 2014
  • Paper: A Tourist in Heteroland: Law, Legal Institutions and LGBT Identity Diversity in Organizations, Communities, Nations Conference, Vienna University of Business, Vienna, Austria July 9-11, 2014
  • Paper: A Tourist in Heteroland: LGBT Identity and Legal Institutions, Keele University, Stoke on Trent, Gender Work and Organization, Biennial Conference 2015, England. June 24-26, 2014
  • North Dakota State Bench/Bar Annual Conference, Fargo, ND. June 13, 2014
  • 8-hour course on LGBT Family Law, Florida Advanced Judicial Studies College, Orlando, FL June 11, 2014
  • Transgender Children and Families in the Orange County Courts, Orange County Superior Courts Education Program, Santa Ana, CA. June 6, 2014
  • Marriage for Same-Sex Couples in Utah after US v. Windsor (2013) and Kitchen v. Herbert (DC Utah, 2013): What Judges Need to Know Now. Utah Statewide Trial Judges’ Conference, Bryce Canyon, UT. April 23, 2014
  • Williams Institute Annual Update, UCLA School of Law, Los Angeles, CA. April 11, 2014
  • The Demographic and Legal Landscape on LGBT Issues, S. Central District of California Judicial Retreat, Los Angeles, CA. March 28, 2014
  • Same-Sex Interstate Marriage Recognition Issues for Louisiana Judges and Lawyers, Louisiana Diversity Conclave, New Orleans, LA. March 21, 2014
  • Paper: Increasing Student Engagement, Professional Competence And Identity Through The Use Of Simulations In Law School Coursework. 9th International Technology, 2014, Education and Development Conference Valencia, Spain March 9-12, 2014
  • New Developments in Marriage and Relationship Recognition for Same-Sex Couples in Nevada after US v. Windsor (2013): What Judges Need to Know. Nevada Statewide Family Law Conference, Ely, NV. March 6, 2014
  • Interstate Same-Sex Marriage Validity Post DOMA: Practical Tools for Emerging Complexities in LGBT Family Law, National Council of Juvenile and Family Court Judges, Monterey, CA. March 4, 2014
  • Marriage and Divorce Post DOMA/Windsor, National Council of Juvenile and Family Court Judges, Monterey, CA. March 4, 2014
  • Paper: Using Simulations in Law School Coursework to Increase Student Engagement and Professional Competence and Identity, International Conference on Education Research and Innovation 2013, Seville, Spain. November 2013
  • What Do the Supreme Court, Marriage Decisions in Hollingsworth & Windsor Mean for Your Court? National Judicial College, Webinar October 9, 2013
  • LGBT Legal Issues in Your Courtroom, Alaska Statewide Judicial Conference, Girdwood, AK. October 24-15, 2013
  • Creating a Bias-Free Courtroom (4 day program, 8 hours a day) National Judicial College, Reno, NV. October 7-10, 2013
  • International Association of Gay, Lesbian, Bisexual and Transgender Judges, Lavender Law, August 22-24, 2013
  • Making the Courts Accessible for Trans Persons, International Association of Gay, Lesbian, Bisexual and Transgender Judges, Lavender Law, San Francisco, CA. August 22-24, 2013
  • International Association of Gay, Lesbian, Bisexual and Transgender Judges, San Francisco, CA August 22-24, 2013
  • Annual Conference, National Association of State Judicial Educators, Little Rock, AR. August 11-14, 2013
  • Fitting in the Jurybox: Jury Service in the United States as an Expression of Social Space and LGBT Identity. Equality, Diversity International Conference. Athens University of Economics and Business, Athens, Greece. July 2013
  • Louisiana Judges Conference, New Orleans, LA July 18, 2013
  • National Center for Juvenile and Family Court Judges, Annual Conference, Seattle, WA. July 15, 2013
  • Same-Sex Domestic Violence, New Hampshire Domestic Violence Conference, Concord, NH. June 5-7, 2013
  • Emerging Issues in LGBT Law Series, Adoption as Battleground, American Bar Association, Chicago, IL (webinar) May 30, 2013
  • Same-Sex Families and the Courts, 50th Anniversary Conference: Riding the Wave of the Future: Global Voices, Expanding Choices, Association of Family and Conciliation Courts, Los Angeles, CA. May 29-June 1, 2013
  • Update on LGBT Issues Affecting the Utah Courts, Utah Judges Conference, Salt Lake City, UT. May 16, 2013
  • Current US Supreme Court Cases on Same-Sex Marriage and Family Law Issues, California Center for Children Families and the Courts, California Family Law Conference, Los Angeles, CA. May 3, 2013
  • Advance Directives and Estate Planning for LGBT Older Adults, Emerging Issues in LGBT Law Series, American Bar Association, Chicago, IL (webinar) April 17, 2013
  • Perceptions of Justice Conference, American Bar Association, Chicago, IL. March 14-15, 2013
  • Divorce, Dissolution, and Consensual Dispute Resolution: Resolving Same-Sex Issues Emerging Issues in LGBT Law Series, American Bar Association, Chicago, IL (webinar) March 8, 2013
  • Trends in Employment Discrimination Against LGBT Individuals, Emerging Issues in LGBT Law Series, American Bar Association, Chicago, IL (webinar) February 13, 2013
  • LGBTQ Legal Issues, Los Angeles County Bar Association, Los Angeles, CA. January 29, 2013
  • Transgender People and Family Law: Current Legal Challenges and Best Practices, Emerging Issues in LGBT Law Series, American Bar Association, Chicago, IL (webinar) December 13, 2012
  • LGBT People in Your Courtroom, National Judicial College, Reno, NV (webinar) October 24, 2012
  • Creating a Bias-Free Courtroom (2 day program, 8 hours a day) National Judicial College, Reno, NV. October 22-25, 2012
  • Lesbian, Gay, Bisexual, and Transgender (LGBT) Domestic Violence — What DV Professionals Should Know, California Statewide Domestic Violence Conference, San Diego, CA. September 12-13, 2012
  • Judicial Education Programming in Your Jurisdiction Lavender Law – LGBT Bar,
    Washington, DC. August 24, 2012
  • Challenges in Fairness Education for the Courts, National Association Of State Judicial Educators, Boston, MA. August 5-8, 2012
  • A Tourist in Heteroland: LGBT Individual and Heteronormativity in Law and the Courts. Equality, Diversity International Conference. Univerisité de Toulouse, Toulouse, France July 2012
  • The Courts as Workplaces for LGBT Persons. Gender, Work and Organisations, International Conference. Keele University, Stoke on Trent, UK. June 2012
  • Same-Sex Marriage and Relationship Recognition, Iowa Judicial Education Conference, Des Moines, IA. June 21, 2012
  • Presenter and Panel Participant: The Treatment and Experiences of LGBT Jurors. Vancouver International Diversity Conference. University of British Columbia, Vancouver, BC. June 2012
  • Lessons for LGBT Rights from the Judicial Education Field. Williams Institute Annual Update Conference: Accessing Justice: LGBT People As Judges, Jurors, And Participants In The Judicial System. UCLA School of Law, Los Angeles, CA. April 2012
  • New Relationships in Court/Same-Sex Marriage and Civil Unions Inside and Outside Your Jurisdiction, American Bar Association, Chicago, IL (webinar) April 19, 2012
  • LGBT Domestic Violence Training, Office of the Inspector General, Los Angeles Police Department, Los Angeles, CA. April 4, 2012
  • Lesbian, Gay, Bisexual and Transgender People in Your Court: Practical Approaches to Current Issues and Future Problems, Pennsylvania State Trial Judges Conference, Philadelphia, PA. February 24, 2012
  • Using Simulations in Law School Coursework to Increase Student Engagement and Professional Competence and Identity. Pedagogical and Didactic Innovations. Learning and Teaching Methodologies. Conference: 3rd Annual International Conference on Education and New Learning Technologies, Barcelona, Spain. July 2011
  • Using Simulations in Law School Coursework to Increase Student Engagement and Professional Competence and Identity, Pedagogical and Didactic Innovations. Learning and Teaching Methodologies. International Technology, Education and Development Conference, Valencia, Spain. March 2011
  • What’s in the closet: Dress and appearance codes and lessons from sexual orientation. Equality, Diversity, Law, Diversity Management and Legal Institutions. Equality Diversity and Inclusion Conference 2010, Wirtschaftsuniversität Wien (“WU Wien”), Vienna, Austria. July 2010
  • At the Intersection of Identity and Expression. “Queer Crossings. Contemporary Perspectives on Gender and Sexuality,” Università di Palermo, Palermo (Italy) June 2010
  • Social Cognition and the Visibility of Lesbian and Gay Identity: Lessons from Schema Theory for Nondiscrimination Law, Equal Employment Opportunities Conference, Bosphorus University, Istanbul, Turkey. July 2009
  • It’s Not Just Shopping, Urban Lofts, and the Lesbian Gay-by Boom: How Sexual Orientation Demographics Can Inform Family Courts, Gender, Family Responsibility and Legal Change Conference, Univ. of Sussex, Lewes, England. July 2008
  • The Effects of Sexual Orientation Visibility on the Experiences of Sexual Minorities in the Courts, AHRC Research Centre for Law, Gender & Sexuality, Univ. of Keele, Stoke on Trent, England. July 2007
  • Sexual Orientation Fairness in the Department for Constitutional Affairs (UK), Report on the 2003 Survey of Rainbow Network Members, Annual Meeting of the Rainbow Network, DCA, London, England (July 2003 – preliminary report) December 2003
  • Sexual Orientation Bias in the Judicial System, American University Law School, Washington, DC March 2002
  • Sexual Orientation Fairness in the California Courts, State Bar of California, Annual Meeting, Sonoma, CA. March 2002
  • Sexual Orientation Fairness in the California Courts, State Bar of California, Winter Meeting, Anaheim, CA. November 2001
  • Employment Discrimination Roundtable, Oxford Round Table, Oxford University, Oxford, UK. August 2001

Selected Articles

  • Workplace Experiences of Trans Persons in the United States, in ‘Sexual Orientation and Transgender Issues in Organizations – Global Perspectives on LGBT Workforce Diversity (Thomas Köllen, ed.) Springer Verlag: Berlin & London (forthcoming 2016).
  • Cinjenicama Do Boljih Odluka I Društvenih Promjena (Fact- and Evidence-Based Learning, Advocacy and Social Change) in Zakon I LGBT Prava , Brower, et. al., US Embassy, Montenegro, Government of Montenegro: Podgorica (2015).
  • Obrazovanje U Pravosuđu O Seksualnoj Orjentaciji I Rodnom Identitetu (Judicial Education on Controversial Topics: Lessons From Teaching Sexual Orientation / Gender Identity Issues), in Zakon I LGBT Prava , Brower, et. al., US Embassy, Montenegro, Government of Montenegro: Podgorica (2015).
  • A Tourist in Heteroland: Law, Legal Institutions and Heteronormativity, The International Journal of Diversity in Organizations, Communities, and Nations: Annual Review, Vol. 14, 2015, pp. 27-38 (2015) (peer reviewed journal).
  • The Courts As Workplaces for Sexual Orientation Minorities, in’ Sexual Orienation At Work: Contemporary Issues and Perspectives’ (Fiona Colgan, Nick Rumens, eds), Routledge Press: London, UK (2014)
  • What’s in the closet: Dress and appearance codes and lessons from sexual orientation, 32 Journal of Equality, Diversity, Inclusion, vol. 5 (2013)(peer reviewed journal).
  • Dress and appearance codes in the workplace: Gender, sexuality, law and legal institutions, 32 Journal of Equality, Diversity, Inclusion, vol. 5 (2013)(peer reviewed journal). (with Jackie Jones, UWE)
  • The Experiences and Treatment of Lesbians and Gay Men During Jury Service in the United States, 12 Int’l Journal of Diverse Identities, 47 (2013) (peer reviewed journal)
  • Peer Reviewed Journal Article. At the Intersection of Identity and Expression, Gender and Sexuality. Rights, Language and Performativity, pp. 19-34. (2012). DOI: 10.4399/97888548497852 (permanent URL).
  • Peer Reviewed Journal Article. How judges decide: lesbian/gay identity and social cognition“, Equality, Diversity and Inclusion: An International Journal, Vol. 30 Iss: 8, pp.633 – 650 (2011). DOI:10.1108/02610151111183171 (Permanent URL)
  • Twelve Angry – and Sometimes Alienated – Men: The Experiences and Treatment of Lesbians and Gay Men During Jury Service, 59 Drake L. Rev. 669 (2011)
  • Book Chapter. Sexuality, Gender and Social Cognition: Lesbian and Gay Identity in Judicial Decision-Making, in ‘Gender, Sexualities and Law,’ (Jones, et al. eds.), Routledge Press: London, UK, (February 2011).
  • Book Chapter: Using Sexual Orientation Demographics To Predict And Harmonize Family Responsibility Transformation, in ‘Taking Responsibility, Law and the Changing Family’ (Lind, Bridgeman, Keating, eds.), Ashgate Press: UK (December 2010).
  • It’s Not Just Shopping, Urban Lofts, and the Lesbian Gay-by Boom: How Sexual Orientation Demographics Can Inform Family Courts, 17 Am. U. J. Gender, Soc. Pol. & the L. 1 (2009)
  • Social Cognition ‘At Work:’ Schema Theory and Lesbian and Gay Identity in Title VII, 18 Tul. J. L. & Sexuality 1 (2009)
  • Multistable Figures: Sexual Orientation Visibility and Its Effects on the Experiences of Sexual Minorities in the Courts, 27 Pace L. Rev. 141 (2007)
  • Pride & Prejudice: Sexual Orientation Fairness in the Courts of England and Wales, 13 Buff. Women’s L. J. 17 ( 2006)
  • Obstacle Courts: Results of Two Empirical Studies on Sexual Orientation Fairness in the California Courts, 11 J. Gender, Soc. Pol. & the L. 39 (2003).
  • Of Courts and Closets: A Doctrinal and Empirical Analysis of Lesbian and Gay Identity in the Courts, 38 San Diego L. Rev. 565 (2001)
  • “A Stranger to Its Laws:” Homosexuality, Schemas, and the Lessons and Limits of Reasoning By Analogy, 38 Santa Clara L. Rev. 65 (1997)
  • Communities Within the Community: Consent, Constitutionalism and Other Failures of Legal Theory in Residential Associations, 7 J. Land Use & Envir. L. 203 (1992)
  • Towards a Unified Accommodation of State Law and Collective Bargaining Agreements: Federalism, Public Rights and Liberty of Contract, 26 Hous. L. Rev 389 (1989)
  • The Duty of Fair Representation in Farm Labor Legislation: Cultivating the Seeds of Individual Rights, 56 U.M.K.C. L. Rev. 239 (1988)
  • The Duty of Fair Representation Under the Civil Service Reform Act: Judicial Power to Enforce Employee Rights, 40 Okla. L. Rev. 361 (1987)
  • Now You See It, Now You Don’t: Title IX as an Alternate Remedy for Sex Discrimination in Employment, 31 N.Y. L. Sch. L. Rev. 485 (1986)
  • Book Review, May It Please the Court, 21 W. St. L. Rev.356 (1994)
  • Book Review, The Tempting of America, 18 W. St. L. Rev. 485 (1991)
  • Book Review, The Concept of Liberty in the Age of the American Revolution & Red, White and Blue: A Critical Analysis of Constitutional Law, 16 W. St. L. Rev. 317 (1988)
  • Book Review, Collective Bargaining: How It Works and Why, 14 W. St. L. Rev. 363 (1986)

Honors and Awards

  • Fulbright-Hays Scholarship, Grenoble, France
  • French Government Teaching Assistantship
  • Professor of the Year (2x), Western State College of Law
  • Social Justice and Research Award, Western State College of Law
  • Director, Institute for Global Law and Policy, Western State College of Law
  • Editorial Board (Comitato Scientifico) of Human Rights Series – LGBT Rights volume” (Sviluppo della persona ed esercizio dei diritti umani), Aracne Publishers, Italy
  • Assistant editor of international peer reviewed journal: 15 The International Journal of Diverse Identities. (2015)
  • Co-editor (with Jackie Jones) of international peer reviewed journal, special issue: 32 Equality Diversity Inclusion, vol. 5 (2013)
  • Assistant editor of international peer reviewed journal: 13 The International Journal of Diverse Identities, vol. 1 (2013)
  • Assistant editor of international peer reviewed journal: 12 The International Journal of Diverse Identities, vol. 2 (2012)
  • Assistant editor of international peer reviewed journal: 12 The International Journal of Diverse Identities, vol. 3 (2013)
Todd Brower
Constitutional Law Scholar
Todd Brower is the Judicial Education Director for the Williams Institute on Sexual Orientation Law and Public Policy at UCLA School of Law. He is a professor of Constitutional Law at Western State College of Law in California. He has worked with the courts of many US states and federal agencies on judicial education programs and with national and international judicial organizations.

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Under a government which imprisons unjustly, the true place for a just man is also a prison.

Henry David Thoreau

Henry David Thoreau