Law Review

Teresa Stanton Collett: Judicial Modesty and Abortion

ssrn.com | 05/28/2008

“Polygamy and Same-Sex Marriage - Allies or Adversaries within the Same-Sex Marriage Movement?”

| 05/28/2008

Sundays Excepted: The Christian nation thesis goes to the heart of how we understand the relationship between church and state.

| 05/28/2008

Partial Birth Biopolitics

| 05/28/2008

Praying for a Tax Break: Churches, Political Speech and the Loss of Section 501(C)(3) Tax Exempt Status

ssrn.com | 05/27/2008

The Continuing Threshold Test for Free Exercise Claims

ssrn.com | 05/27/2008

Robert C. Blitt, How to Entrench a De Facto State Church in Russia: A Guide in Progress

ssrn.com | 05/27/2008

John Paul II, The Structures of Sin and the Limits of Law

| 05/27/2008

What Yoder Wrought: Religious Disparagement, Parental Alienation and the Best Interests of the Child

| 05/27/2008

Garcetti v. Ceballos: Judicially Muzzling the Voices of Public Sector Employees

| 05/27/2008

Six Flags Over Jesus: RLUIPA, Megachurches, and Zoning

| 05/27/2008

The Ministerial Exception to Title VII: The Case for a Deferential Primary Duties Test

| 05/27/2008

Summum v. Pleasant Grove City: The Tenth Circuit “Binds the Hands of Local Governments as They Shape the Permanent Character of Their Public Spaces.”

| 05/27/2008

Revisiting Roe: The Language of Privacy and Isolation in U.S. and Vermont Case Law

| 05/27/2008

May the President Appropriately Invoke God? Evaluating the Embryonic Stem-Cell Vetoes

ssrn.com | 05/22/2008

Public School Students’ Religious Speech and Viewpoint Discrimination

ssrn.com | 05/22/2008

Which States Have the Best (and Worst) High Courts?

papers.ssrn.com | 05/21/2008

An Historical and Constitutional Analysis of Why Section 501(C)(3) Does not Apply to Churches

| 05/21/2008

The Family Educational Rights & Privacy Act of 1974: Recommendations for Realigning Educational Privacy with Congress’ Original Intent

| 05/21/2008

Why RLUIPA Should not be Amended to Regulate Eminent Domain Actions Against Religious Property

| 05/21/2008

Shepp v. Shepp: The Right of Parents in Pennsylvania to Advocate Religious Views that would Constitute a Crime if Acted Upon

| 05/21/2008

Is the Ban on Participation Campaigns by Charities Essential to their Vitality and Democracy?

| 05/21/2008

Political Judges and Popular Justice: A Conservative Victory or a Conservative Dilemma

| 05/21/2008

Judgmental Neutrality: When the Supreme Court Inevitably Implies that Your Religion is Just Plain Wrong

| 05/20/2008

The Misunderstood Relationship between Originalism and Popular Sovereignty

| 05/20/2008

The Scourge of Contextualism: Ceremonial Deism and the Establishment Clause

| 05/20/2008

The ERISA Church Plan Exception: Why the Lown Test is Improperly Narrow

| 05/20/2008

Why the First Amendment Permits Sectarian Legislative Prayer and Demands a “Practice Focused” Analysis

| 05/20/2008

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

ssrn.com | 05/14/2008

Partial-Birth Abortion and the Perils of Constitutional Common Law

| 05/14/2008

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

| 05/13/2008

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

| 05/12/2008

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

| 05/12/2008

Not so Novus an Ordo: Constitutions without Social Contracts

ssrn.com | 05/08/2008

Protecting Religious Liberty Through the Establishment Clause

ssrn.com | 05/08/2008

Federalism’s Values and the Value of Federalism

ssrn.com | 05/07/2008

The Case of Antidiscrimination Law and Selective Abortion

ssrn.com | 05/07/2008

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

| 05/07/2008

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

| 05/06/2008

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

| 05/06/2008

The Privatization of Religion and Catholic Justices

| 05/06/2008

The Marketplace of Ideas and Hate Speech in Schools

ssrn.com | 05/05/2008

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

| 05/05/2008

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

| 05/05/2008

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

| 05/05/2008

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

www.davidgarrow-com.hb2hosting.net | 05/02/2008

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

| 04/30/2008

Pharmacists and the “Duty” to Dispense Emergency Contraceptives

| 04/30/2008

Religion and State: An Ecclesiological Perspective

ssrn.com | 04/30/2008

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

| 04/30/2008

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

ssrn.com | 04/30/2008

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

thepocketpart.org | 04/29/2008

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

| 04/29/2008

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

| 04/29/2008

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

| 04/29/2008

Severability as Judicial Lawmaking

| 04/29/2008

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

| 04/29/2008

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

| 04/29/2008

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

| 04/29/2008

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

papers.ssrn.com | 04/29/2008

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

papers.ssrn.com | 04/29/2008

Undressing Difference: The Hijab in the West

papers.ssrn.com | 04/29/2008

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

| 04/28/2008

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

| 04/28/2008

Education off the Grid: Constitutional Constraints on Homeschooling

| 04/28/2008

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

ssrn.com | 04/24/2008

The Fate of Intelligent Design in our Public Schools

| 04/23/2008

Settling Church Property Disputes in the Context of the Episcopal Church

| 04/23/2008

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

| 04/23/2008

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

| 04/23/2008

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

| 04/23/2008

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

| 04/23/2008

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

| 04/23/2008

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

| 04/23/2008

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

| 04/23/2008