Law Review

Intelligent Design in Public University Science Departments: Academic Freedom or Establishment of Religion?

“Thick Instrumentalism and Comparative Constitutionalism: The Case of Gay Rights”

Society’s Search for a Legal and Ethical Basis of Physician-Assisted Suicide

Allowing the ‘Gay Panic’ Defense: The Importance of Making Sexual Orientation Salient

Is Secularism Possible in a Majority-Muslim Country?: The Turkish Example

Polygamy: The Capabilities Approach, Religious Practices, and the Importance of Recognition

Children and Religious Expression in School: A Comparative Treatment of the Veil and Other Religious Symbols in Western Democracies

The Theocratic Challenge to Constitution Drafting in Post-Conflict States

The Myth of Separation: America’s Historical Experience with Church And State

Rick Garnett: Do Churches Matter? Towards an Institutional Understanding of the Religion Clauses

The Effectiveness of Media Rating Systems in Preventing Children’s Exposure to Violent and Sexually Explicit Media Content

“The Proposed Anti-Gay Marriage Amendment: The Constitution, The Law of Standing, and Liberal-Democratic Values”

Purging Religion From Prisons: The Constitutionality of the Standardized Chapel Library Project

Scrutinizing Public School Authority over Student Cyberspeech through the Lens of Personal Jurisdiction

The Supreme Court as Civic Educator: Free Speech According to Justice Kennedy

A First Amendment Analysis of the FCC’s Evolving Regulation of Broadcast Indecency and Standards

The Bill of Rights in the Early State Courts

Teresa Stanton Collett: Advancing the Culture of Life Through Faithful Citizenship

Teresa Stanton Collett: Judicial Modesty and Abortion

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

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

Partial Birth Biopolitics

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

The Continuing Threshold Test for Free Exercise Claims

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

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

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

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

Six Flags Over Jesus: RLUIPA, Megachurches, and Zoning

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

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

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

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

Public School Students’ Religious Speech and Viewpoint Discrimination

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

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

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

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

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

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

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

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

The Misunderstood Relationship between Originalism and Popular Sovereignty

The Scourge of Contextualism: Ceremonial Deism and the Establishment Clause

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

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

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