Law Review

To Bring Down the Flowers: The Cultural Context of Abortion Law in Early Modern England

Partial-Birth Abortion and the Perils of Constitutional Common Law

Borden v. East Brunswick School District: Clarifying First Amendment Jurisprudence in the Public School Context

How the United States has Banned Embryonic Stem Cell Research in the Absence of a Direct Prohibition

The “Mystery of Life” in the Lower Courts: The Influence of the Mystery Passage on American Jurisprudence

Not so Novus an Ordo: Constitutions without Social Contracts

Protecting Religious Liberty Through the Establishment Clause

Federalism’s Values and the Value of Federalism

The Case of Antidiscrimination Law and Selective Abortion

The Blessing or the Curse: Whose Values Will Guide Us? Where Will They Lead Us?

How did the Ten Commandments End on Both Sides of the Wall of Separation between Church and State?

The Ten Commandments and the Rejection of Divine Law in American Jurisprudence

The Privatization of Religion and Catholic Justices

The Marketplace of Ideas and Hate Speech in Schools

Pornography, Morality, and Harm: Why Miller Should Survive Lawrence

From T-Shirts to Teaching: May Public Schools Constitutionally Regulate Antihomosexual Speech?

Whither Sexual Orientation Analysis?: The Proper Methodology When Due Process and Equal Protection Intersect

Significant Risks: Gonzales v. Carhart and the Future of Abortion Law

High-Value Speech and the Basic Educational Mission of a Public School: Some Preliminary Thoughts

Pharmacists and the “Duty” to Dispense Emergency Contraceptives

Religion and State: An Ecclesiological Perspective

Sanctionable Conduct: How the Supreme Court Stealthily Opened the Schoolhouse Gate

“Marriage Amendments: Can Public Employers Offer Domestic Partner Benefits to Their Gay and Lesbian Employees?”

How “Swingers” Might Save Hollywood from a Federal Pornography Statute

Are Students in Danger of Becoming another Brick in the Wall after Hazelwood?

The Establishment Clause does not serve to protect religious or nonreligious minorities

Why Courts Should Reject the Presumption of Severability in the Face of Intentionally Unconstitutional Legislation

Severability as Judicial Lawmaking

Our Libertarian Court: Bong Hits and the Enduring Hamiltonian-Jeffersonian Colloquy

The Often Illusory Protections of “Biology Plus:” On the Supreme Court’s Parental Rights Jurisprudence

The Limits of Conscience: Moral Clashes over Deeply Divisive Healthcare Procedures

The Religiosity of Jus Cogens: A Moral Case for Compliance?

Abortion Law and Abortion Discourse in Taiwan: Rights, Social Movements and Democratization

Undressing Difference: The Hijab in the West

Securing the Rule of Law Through Interpretive Pluralism: An Argument from Comparative Law

The Unjust Exclusion of Gay Sperm Donors: Litigation Strategies to End Discrimination in the Gene Pool

Education off the Grid: Constitutional Constraints on Homeschooling

Canada’s Prohibition on Blasphemous Libel as a Case Study in Obsolete Legislation

The Fate of Intelligent Design in our Public Schools

Settling Church Property Disputes in the Context of the Episcopal Church

Treating Like Subdecisions Alike: The Scope of Stare Decisis as Applied to Judicial Methodology

License to Discriminate: “Choose Life” License Plates and the Government Speech

A Reexamination of the Tinker Standard: Freedom of Speech in Public Schools

Government-Sponsored Chaplains and Crisis: Walking the Fine Line in Disaster Response and Daily Life

Inside the FBI Inspections of Adult Movie Company Age-Verification Records

Free Exercise Claims in Custody Battles: Is Heightened Scrutiny Required Post-Smith?

Reweighting the Balance: Religious Groups, Mortal Threats, and “Hybrid Situations”

Religious Expression in the Balance: A Response to Murad Hussain’s Defending the Faithful

Carl Esbeck: Protestant Dissent and the Virginia Disestablishment, 1776 - 1786

Transforming Teenagers into Oral Sex Felons: The Persistence of the Crime Against Nature after Lawrence v. Texas

Regulating Eugenics

Gonzales v. Carhart and the Court’s “Women’s Regret” Rationale

Dead Hand Arguments and Constitutional Interpretation

The Beginning of the End: The Diminished Abortion Right Following Carhart and Planned Parenthood

An Enigmatic Court? Examining the Roberts Court as It Begins Year Three

Semantic Originalism

“Same Sex Marriages in Uganda”

University Accommodation of Non-Majority Religions: Legitimate Protection of Students’ Right to Practice or Unconstitutional Governmental Endorsement?

Student Speech: School Boards, Gay/Straight Alliances, and the Equal Access Act

The Application of RFRA to Override Employment Nondiscrimination Clauses Embedded in Federal Social Service Programs

Surveys in America’s Classrooms: How Much do Parents Really Know?

Cultural Values and Government

Thinking of the Children: The Failure of Violent Video Game Laws

Beyond Reductionism: Reconsidering the Right to Privacy

Judicial Ideology and the Survival of the Rule of Law: A Field Guide to the Current Political Political War over the Judiciary

James Madison and the Legislative Chaplains

Standing Still - Did the Roberts Court Narrow, but not Overrule, Flast to Allow Time to Re-Think Establishment Clause Jurisprudence

Federal Partial-Birth Abortion Ban not a Violation of a Woman’s Constitutional Right to Privacy

Abortion, Persuasion, and Emotion: Implications of Social Science Research on Emotion for Reading Casey

Unleashing or Harnessing “Armies of Compassion”?: Reflections on the Faith-Based Initiative

No Boy Left Behind? Single-Sex Education and the Essentialist Myth of Masculinity

Same Sex Marriage, Identity Processes, and the Kulturkampf: Why Federalism is Not the Main Event

Parental Attention Deficit Disorder

To Have and to Uphold: Marriage Regulation, Traditional Family Values Rhetoric, and the Politics of Preservation

School Vouchers and Political Institutions: A Comparative Analysis of the United States and Sweden.