Kevin Worthen
Dean, Professor of Law

Education: AS 1978, College of Eastern Utah; BA 1979 (summa cum laude) and JD 1982 (summa cum laude), Brigham Young University. University Honors: lead articles editor, Brigham Young University Law Review; Order of the Coif.

Law Practice: Jennings, Strouss & Salmon, Phoenix, 1984-87.

Experience: law clerk, Judge Malcolm R. Wilkey, U.S. Court of Appeals for the District of Columbia Circuit, 1982-83; clerk to Judge Byron R. White, U.S. Supreme Court, 1984; Fulbright scholar, University of Chile Law School, fall 1994; author of publications about federal Indian law, local government law, and constitutional law. Joined J. Reuben Clark Law School in 1987; associate dean, 1999-2004; Dean of Law School, 2004-present.

Principal Research Interests: Federal Indian Law, International Law, Constitutional Law, and State and Local Government Law

Classes Taught: State & Local Government, Federal Indian Law, Legislation

Publications:

Eagle Feathers and Equality: Lessons on Religious Exceptions for the Native American Experience, (forthcoming 76 Colo. L. Rev _____ (2005)).

Who Decides and What Difference Does It Make? : Defining Marriage in "Our Democratic, Federal Republic," 18 BYU J. Pub. L. 273 (2004).

Discipline: An Academic Dean's Perspective on Dealing with Plagiarism, 2004 BYU ed. & L. J. 441 (2004).

Who's In Charge Here? Tribal, State, and Federal Authority Over Non-Indian Resource Development in Indian Country, 47 Rocky Mt. Min. L. Rev. 2-1 (2001).

Protecting the Sacred Sites of Indigenous Peoples in U.S. Courts: Reconciling Native American Religion and the Right to Exclude, 13 St. Thomas L. Rev. 239 (2000).

The Role of Indigenous Groups in Constitutional Democracies: A Lesson From Chile and the United States, in The Human Rights of Indigenous Peoples 235 (Cynthia Price Cohen, ed. 1998).


The Right to Keep and Bear Arms in Light of Thornton: The People and Essential Attributes of Sovereignty
, 1998 BYU L. Rev. 137.

The Grand Experiment: Evaluating Indian Law in the "New World", 5 Tulsa J. Int'l & Comp. L. 229 (1998).

Why Indian Law? (Book Review), 1 Greenbag 341 (1998).

Who Will Control the Future of Indian Gaming? "A Few Pages of History are Worth a Volume Of Logic," 1996 BYU L. Rev. 407 (co-author with Wayne Farnsworth).

Shirt Tales: Clerking for Byron White, 1994 BYU L. Rev. 349.

One Small Step for Courts, One Giant Leap for Group Rights: Accommodating the Associational Role of "Intimate" Government Entities, 71 N.C. L. Rev. 595 (1993).

The "Pivotal" Role of Local Governments in Striking the Proper Balance Between Individualism and Communitarianism: Lessons For and From Americans, 1993 BYU L. Rev. 475.

Two Sides of the Same Coin: The Potential Normative Power of American Cities and Indian Tribes, 44 Vand. L. Rev. 1273 (1991).

Sword or Shield: The Past and Future Impact of Western Legal Thought on American Indian Sovereignty (Book Review), 104 Harv. L. Rev. 1372 (1991).

Shedding New Light on an Old Debate: A Federal Indian Law Perspective on Congressional Authority to Limit Federal Question Jurisdiction
, 75 Minn. L. Rev. 65 (1990).

The Last Shall be First, and the First Last: Ruminations on the Past, Present and Future Course of Government Regulation of Hazardous Pollutants, 1989 BYU L. Rev. 1113.

Regular Contributor to ABA Preview of Supreme Court Cases-Writing articles previewing Supreme Court cases on Indian Law, Voting Rights, and Federalism.