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Alan E. Garfield
Professor of Law

B.A., Brandeis University
J.D., University of California at Los Angeles School of Law

E-mail: aegarfield@widener.edu
Phone: 302.477.2140

Alan E. Garfield is a professor on Widener’s Delaware campus. He received his Bachelor of Arts, magna cum laude, from Brandeis University, and his Juris Doctorate from UCLA School of Law, where he was a member of the UCLA Law Review and the Order of the Coif. Prior to joining the Widener faculty, Professor Garfield worked for three years in the litigation department of Weil, Gotshal & Manges in New York City. He is licensed to practice in California and New York.

Professor Garfield has been teaching at Widener since 1986. He was the recipient of the 2004 Outstanding Teaching Award and the 2006 Douglas E. Ray Excellence in Faculty Scholarship Award, and served as the 2005-2007 H. Albert Young Fellow in Constitutional Law. Professor Garfield has also been a visiting professor at American University’s Washington College of Law and Bryn Mawr College.

Professor Garfield writes and teaches in the areas of Constitutional Law, Copyright and Contracts. His articles have appeared in numerous journals including the Cornell Law Review, the Georgia Law Review, and the Columbia Business Law Review. His recent Florida Law Review article, Protecting Children from Speech, was republished in the FIRST AMENDMENT LAW HANDBOOK (Rodney Smolla, ed. 2005-2006 ed.). Professor Garfield has also contributed Op-Eds to the Philadelphia Inquirer and the Wilmingon News Journal.

Professor Garfield is a past chair of the Association of American Law Schools’ Section on Mass Communication Law and is currently on the Section’s Executive Committee. His recent activities include: presenting a paper on “The Case for Calibrating Statutory Damages” at the 7th Annual Intellectual Property Scholars Conference; presenting a paper on “The Case for First Amendment Limits on Copyright Law” at a symposium sponsored by NYU’s Brennan Center for Justice and Hofstra Law School; moderating a panel on “Secrecy in the Name of Security” at the Association of American Law Schools’ 2007 Annual Conference; and delivering a paper on “Protecting Children from Speech” at the Association of American Law Schools’ 2006 Annual Conference. Professor Garfield can be reached at e-mail address: aegarfield@widener.edu.

Selected Recent Publications

Articles
  • What Should We Celebrate on Constitution Day?, 41 GA. L. REV. 453 (2007).
  • The Case for First Amendment Limits on Copyright Law, 35 HOFSTRA L. REV. 1169 (2007) in Reclaiming the First Amendment: Constitutional Theories of Media Reform Symposium.
  • Protecting Children from Speech, 57 FLA. L. REV. 565 (2005), reprinted in FIRST AMENDMENT LAW HANDBOOK (Rodney Smolla, ed., 2005-2006 ed.)
  • Basic Assumption (A Poem Based on Sherwood v. Walker), 57 SMU L. REV. 137 (2004), reprinted in HOGG ET AL., CONTRACTS: CASES AND THEORY OF CONTRACTUAL OBLIGATION 688 (2008)
  • A Positive Rights Interpretation of the Establishment Clause, 76 Temp. L. Rev. 281 (2003).
  • The Mischief of Cohen v. Cowles Media Co., 35 Ga. L. Rev. 1087 (2001).
  • The First Amendment As a Check on Copyright Rights, 23 Hastings Comm. & Ent. L.J. 587 (2001)(symposium). 
  • Promises of Silence: Contract Law and Freedom of Speech, 83 Cornell L. Rev. 261 (1998).