Paul Brest
Encyclopedia
Paul Brest is an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 scholar of constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....

, the president of the William and Flora Hewlett Foundation
William and Flora Hewlett Foundation
The William and Flora Hewlett Foundation is a private foundation, established by Hewlett-Packard cofounder William Reddington Hewlett and his wife Flora Lamson Hewlett in 1967. The Hewlett Foundation awards grants to support educational and cultural institutions and to advance certain social and...

, and a former dean of Stanford Law School
Stanford Law School
Stanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law...

. He is an influential theorist on the role of non-profit organizations in society, and is widely credited with coining the name originalism
Originalism
In the context of United States constitutional interpretation, originalism is a principle of interpretation that tries to discover the original meaning or intent of the constitution. It is based on the principle that the judiciary is not supposed to create, amend or repeal laws but only to uphold...

 to describe a particular approach to interpreting the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

.

Biography

Brest attended Swarthmore College
Swarthmore College
Swarthmore College is a private, independent, liberal arts college in the United States with an enrollment of about 1,500 students. The college is located in the borough of Swarthmore, Pennsylvania, 11 miles southwest of Philadelphia....

 and Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

, and clerked for Judge Bailey Aldrich
Bailey Aldrich
Bailey Aldrich was a judge of the United States federal courts for more than 48 years.A native of Boston, Massachusetts, Aldrich graduated from Harvard College in 1928 and Harvard Law School in 1932. He was elected a Fellow of the American Academy of Arts and Sciences in 1954. After 22 years in...

 of the Court of Appeals for the First Circuit and Justice John M. Harlan of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

. In 1969 he joined the faculty of Stanford Law School
Stanford Law School
Stanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law...

, serving as Dean from 1987 until 1999, when he took up the presidency of the William and Flora Hewlett Foundation
William and Flora Hewlett Foundation
The William and Flora Hewlett Foundation is a private foundation, established by Hewlett-Packard cofounder William Reddington Hewlett and his wife Flora Lamson Hewlett in 1967. The Hewlett Foundation awards grants to support educational and cultural institutions and to advance certain social and...

. At Stanford, his work focused on constitutional law and judgment and decisionmaking in law; as of 2011, he teaches a course there on judgment and decisionmaking for policymakers. Between 1983 and 1984 Brest was a fellow of the Center for Advanced Study in the Behavioral Sciences
Center for Advanced Study in the Behavioral Sciences
The Center for Advanced Study in the Behavioral Sciences is an American interdisciplinary research body in Stanford, California focusing on the social sciences and humanities . Fellows are elected in a closed process, to spend a period of residence at the Center, released from other duties...

; he is now a member of the board.

Brest holds honorary degrees from Northeastern Law School and Swarthmore College
Swarthmore College
Swarthmore College is a private, independent, liberal arts college in the United States with an enrollment of about 1,500 students. The college is located in the borough of Swarthmore, Pennsylvania, 11 miles southwest of Philadelphia....

. He is a fellow of the American Academy of Arts and Sciences
American Academy of Arts and Sciences
The American Academy of Arts and Sciences is an independent policy research center that conducts multidisciplinary studies of complex and emerging problems. The Academy’s elected members are leaders in the academic disciplines, the arts, business, and public affairs.James Bowdoin, John Adams, and...

. He has done civil rights litigation in Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...

 with the NAACP, and has blogged for the Huffington Post.

Works

  • Paul Brest, Sanford Levinson, J.M. Balkin and Akhil Reed Amar, Reva B. Siegel, Processes of Constitutional Decision-Making, New York: Aspen, 5th ed., 2010 Supplement, 2010.
  • Paul Brest and Linda Hamilton Krieger, Problem Solving, Decision Making, and Professional Judgment: A Guide for Lawyers and Policymakers, Oxford: Oxford University Press, 2010.
  • Paul Brest and George Lowenstein, In Defense of Fear, Pittsburgh Post-Gazette, July 12, 2009, pg. B1.
  • Paul Brest and Hal Harvey, Dealing with Hard Times: Advice for Foundations, Chronicle of Philanthropy, November 13, 2008.
  • Paul Brest and Hal Harvey, Money Well Spent: A Strategic Plan for Smart Philanthropy, New York: Bloomberg Press, October 2008.
  • Paul Brest, California's Diversity Legislation is Misguided, The Chronicle of Philanthropy, March 6, 2008.
  • Paul Brest, Sanford Levinson, J.M. Balkin and Akhil Reed Amar, Processes of Constitutional Decision-Making, New York: Aspen, 5th ed., 2007 Supplement, 2007.
  • Paul Brest, Sanford Levinson, J.M. Balkin, Akhil Reed Amar and Reva B. Siegel, Processes of Constitutional Decisionmaking: Cases and Materials, New York: Aspen Publishers, 5th ed., 2006.
  • Paul Brest, Preface: How This Symposium Came About, 97 Northwestern University Law Review 1079-1080 (Spring 2003).
  • Paul Brest, Some Comments on Grutter v. Bollinger, 51 Drake Law Review 683-696 (2003).
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