Douglas Laycock

Douglas Laycock: Publications

• article

  Generally Applicable Law and the Free Exercise of Religion

  Nebraska Law Review

  Authors:

  Douglas Laycock, Steven T. Collis

  2016

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• article

  Religious Liberty for Politically Active Minority Groups: A Response to NeJaime and Siegel

  Yale Law Journal Forum

  Authors:

  2016

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• article

  Religious Liberty and the Culture Wars

  Authors:

  2014

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• article

  Imaginary Contradictions: A Reply to Professor Oleske

  Vanderbilt Law Review En Banc

  Authors:

  2014

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• article

  Protecting Same Sex Marriage and Religious Liberty

  Virginia Law Review In Brief

  Authors:

  Douglas Laycock, Thomas C. Berg

  2013

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• article

  Hosanna-Tabor and the Ministerial Exception

  Harvard Journal of Law & Public Policy

  Authors:

  2012

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• review

  Restoring Restitution to the Canon

  Michigan Law Review

  Authors:

  2012

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• article

  Restoring Restitution to the Canon

  Authors:

  April 1, 2012

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• article

  Sex, Atheism, and the Free Exercise of Religion

  University of Detroit Mercy Law Review

  Authors:

  2011

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• article

  The Neglected Defense of Undue Hardship (and the Doctrinal Train Wreck in Boomer v. Atlantic Cement)

  Journal of Tort Law

  Authors:

  2012

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• article

  Government-Sponsored Religious Displays: Transparent Rationalizations and Expedient Post-Modernism

  Case Western Reserve Law Review

  Authors:

  2011

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• article

  Sex, Atheism, and the Free Exercise of Religion

  University of Detroit Mercy Law Review

  Authors:

  2011

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• book

  Modern American Remedies: Cases and Materials

  Authors:

  2010

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• book

  Religious Liberty: Volume I--Overviews and History

  Grand Rapids: William B. Eerdmans

  Authors:

  2010

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• article

  Conference Introduction: American Religious Liberty, French Laïcité, and the Veil

  Journal of Catholic Legal Studies

  Authors:

  2010

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  View on the Web

• contribution

  Remedies

  The Oxford International Encyclopedia of Legal History

  Authors:

  2009

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• article

  The Religious Exemptions Debate

  Rutgers Journal of Law and Religion

  Authors:

  2009

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  View on the Web

• article

  Church Autonomy Revisited

  Georgetown Journal of Law & Public Policy

  Authors:

  2009

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• article

  Voting With Your Feet Is No Substitute for Constitutional Rights

  Harvard Journal of Law and Public Policy

  Authors:

  2009

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• book

  Same-Sex Marriage and Religious Liberty: Emerging Conflicts

  Lanham: Rowman & Littlefield

  Authors:

  Douglas Laycock, Anthony Picarello, Jr. & Robin Fretwell Wilson

  2008

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• contribution

  Afterword

  Same-Sex Marriage and Religious Liberty: Emerging Conflicts

  Authors:

  Douglas Laycock, with Anthony R. Picarello, Jr., and Robin Fretwell Wilson

  2008

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• article

  Introduction

  The Review of Litigation

  Authors:

  2008

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• article

  How Remedies Became a Field: A History

  Review of Litigation

  Authors:

  2008

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• article

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

  Lewis & Clark Law Review

  Authors:

  2008

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• review

  A Syllabus of Errors

  Michigan Law Review

  Authors:

  2007

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• review

  God vs. the Gavel: A Brief Rejoinder

  Michigan Law Review

  Authors:

  2007

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• article

  Religious Liberty in America: A Rapid-Fire Overview

  Human Rights

  Authors:

  2006

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• article

  Church and State in the United States: Competing Conceptions and Historic Changes

  Indiana Journal of Global Legal Studies

  Authors:

  2006

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• contribution

  Desegregation, Affirmative Action, and the Ten-Percent Law

  Authors:

  2006

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• contribution

  Employment in Religious Organizations

  Authors:

  Douglas Laycock, with Patrick Schiltz

  2006

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• contribution

  Protecting Liberty in a Federal System: The US Experience

  Patterns Of Regionalism And Federalism

  Authors:

  2006

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• article

  How to Be Religiously Neutral: Government May Not Endorse the Majority's Beliefs, But Should Not Draw Lines with Exactitude

  Legal Times

  Authors:

  July 4, 2005

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• article

  Choosing Remedies: The Misleading Irreparable Injury Rule

  Authors:

  2005

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• article

  Roundtable Discussion: Religious Organizations Filing for Bankruptcy

  American Bankruptcy Institute Law Review

  Authors:

  2005

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• contribution

  La Religion et l'État aux États-Unis: Affrontement des Théories et Changements Historiques [Church and State in the United States: Competing Conceptions and Historic Changes]

  Authors:

  2005

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• article

  The Broader Case for Affirmative Action: Desegregation, Academic Excellence, and Future Leadership

  Tulane Law Review

  Authors:

  2004

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• article

  Theology Scholarships, the Pledge of Allegiance, and Religious Liberty: Avoiding the Extremes but Missing the Liberty [The Supreme Court, 2003 Term: Comment]

  Harvard Law Review

  Authors:

  2004

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• article

  The Mistakes in Locke v. Davey and the Future of State Payments for Services Provided by Religious Institutions

  Tulsa Law Review

  Authors:

  2004

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• contribution

  Zoning

  Encyclopedia of Religious Freedom

  Authors:

  Douglas Laycock, with Thomas C. Berg

  2003

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• article

  Introduction: International Litigation Symposium Honoring the Distinguished Career of Professor Russell J. Weintraub

  Authors:

  2003

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• review

  The Many Meanings of Separation

  University of Chicago Law Review

  Authors:

  2003

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• article

  Injudicious: Liberals Should Get Tough on Bush's Conservative Judicial Nominees — And Stop Opposing Michael McConnell

  The American Prospect Online

  Authors:

  Oct. 30, 2002

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  View on the Web

• article

  Judicial Nominations in a Divided Government

  Austin American-Statesman

  Authors:

  Oct. 9, 2002

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• article

  Forging Ideological Compromise

  New York Times

  Authors:

  Sept. 18, 2002

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• contribution

  Joint Statement of Church-State Scholars on School Vouchers and the Constitution: What the United States Supreme Court Has Settled, What Remains Disputed

  School Vouchers: Settled Questions, Continuing Disputes

  Authors:

  2002

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• article

  Vouching Toward Bethlehem

  Authors:

  2002

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• article

  Debate 2: Should the Government Provide Financial Support for Religious Institutions That Offer Faith-Based Social Services?

  Authors:

  2002

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  View on the Web

• book

  Teacher’s Manual: Modern American Remedies: Cases and Materials

  Authors:

  2002

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• contribution

  Introduction

  Hopwood v. Texas Litigation Documents, Part 1: Trial in the Federal District Court for the Western District of Texas

  Authors:

  1992-1994

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• article

  The Damage Done

  Texas Lawyer,

  Authors:

  Dec. 31, 2001

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• article

  Affirmative Action: A Real-World Solution

  Austin American-Statesman,

  Authors:

  July 13, 2001

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• contribution

  What the General Counsel Wishes the Graduate Dean Knew

  Authors:

  February 21, 2000

  Links for this publication:

  http://www.csgs.org/laycock.htm">View on the Web

• article

  The Clear and Present Danger Test

  Journal of Supreme Court History

  Authors:

  2000

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• article

  Religious Liberties & Free Speech: Back to the Future — What 21st Century Legal Culture Can Learn from the 19th Century First Amendment

  Engage

  Authors:

  2000

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• article

  Religion in the Workplace: Proceedings of the 2000 Annual Meeting of the Association of American Law Schools Section on Law and Religion

  Employee Rights & Employment Policy Journal

  Authors:

  2000

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• article

  The Supreme Court and Religious Liberty

  Catholic Lawyer

  Authors:

  2000

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• article

  Debate 2: Should the Government Provide Financial Support for Religious Institutions That Offer Faith-Based Social Services

  Rutgers Journal of Law and Religion No. 1

  Authors:

  2000

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  View on the Web

• contribution

  Closing Remarks, in A Tribute: Charles Alan Wright

  The Man and the Scholar

  Authors:

  2000

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• contribution

  Theories of Interpretation: Free Exercise and Establishment Clause: General

  Religion and American Law: An Encyclopedia

  Authors:

  2000

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• contribution

  Religious Liberty, Hearing before the Senate Committee on the Judiciary

  Authors:

  1999

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• contribution

  Religious Liberty Protection Act of 1999, Hearing before the Subcommittee on the Constitution of the House Committee on the Judiciary

  Authors:

  1999

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• article

  State RFRAs and Land Use Regulation

  Authors:

  1999

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• contribution

  Supreme Court Review

  United States Catholic Conference, Proceedings of the Thirty-Fourth National Meeting of Diocesan Attorneys

  Authors:

  1998

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• contribution

  Religious Liberty and Charitable Donations Protections Act of 1997; and Religious Fairness in Bankruptcy Act of 1997, Hearing before the Subcommittee on Commercial and Administrative Law of the House Committee on the Judiciary

  Authors:

  1998

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• article

  The Boerne Case: Redefining Religious Liberty,

  Authors:

  1998

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• article

  Federalism as a Structural Threat to Liberty

  Harvard Journal of Law & Public Policy

  Authors:

  1998

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• article

  Religious Freedom and International Human Rights in the United States Today

  Emory International Law Review

  Authors:

  1998

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• article

  Round Table Discussion on International Human Rights Standards in the United States: The Case of Religion or Belief

  Emory International Law Review

  Authors:

  1998

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• contribution

  Religious Liberty Protection Act of 1998, Hearings before the Subcommittee on the Constitution of the House Committee on the Judiciary

  Authors:

  1998

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• contribution

  Religious Liberty Protection Act of 1998, Hearings before the Subcommittee on the Constitution of the House Committee on the Judiciary

  Authors:

  1998

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• contribution

  Religious Liberty Protection Act of 1998, Hearing before the Senate Committee on the Judiciary

  Authors:

  1998

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• article

  Conceptual Gulfs in City of Boerne v. Flores

  William & Mary Law Review

  Authors:

  1998

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• article

  Charles Alan Wright and the University of Texas School of Law

  Texas International Law Journal

  Authors:

  1997

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• contribution

  Protecting Religious Freedom after Boerne v. Flores, Hearing before the Subcommittee on the Constitution of the House Committee on the Judiciary

  Authors:

  1997

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• contribution

  Congress' Constitutional Role in Protecting Religious Liberty, Hearing before the Senate Committee on the Judiciary

  Authors:

  1997

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• contribution

  Bankruptcy Issues in Review: The Bankruptcy Code's Effect on Religious Freedom and a Review of the Need for Additional Bankruptcy Judgeships, Hearing before the Subcommittee on Administrative Oversight and the Courts of the Senate Committee on the Judiciary

  Authors:

  1997

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• article

  The Underlying Unity of Separation and Neutrality

  Emory Law Journal

  Authors:

  1997

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• review

  Securing Religious Liberty

  Political Studies

  Authors:

  1996

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• article

  Religious Liberty as Liberty

  Journal of Contemporary Legal Issues

  Authors:

  1996

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• article

  An Open Letter to Congressman Gingrich

  Yale Law Journal

  Authors:

  1996

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• article

  Freedom of Speech That Is Both Religious and Political

  U.C. Davis Law Review

  Authors:

  1996

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• article

  Continuity and Change in the Threat to Religious Liberty: The Reformation Era and the Late Twentieth Century

  Minnesota Law Review

  Authors:

  1996

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• contribution

  Religious Liberty and the Bill of Rights: Hearings Before the Subcommittee on the Constitution of the House Committee on the Judiciary

  Authors:

  1995

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• article

  Academic Freedom, Religious Commitment, and Religious Integrity

  Marquette Law Review

  Authors:

  1995

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• article

  RFRA, Congress, and the Ratchet

  Montana Law Review

  Authors:

  1995

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• contribution

  Religious Liberty: Hearings Before the Senate Committee on the Judiciary

  Authors:

  1995

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• article

  The Church-State Game: A Symposium on Kiryas Joel

  Authors:

  November 1, 1994

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• article

  Religious Harassment or Free Speech? Few Answers from EEOC

  Chicago Tribune

  Authors:

  June 17, 1994

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• article

  Free Exercise and the Religious Freedom Restoration Act

  Fordham Law Review

  Authors:

  1994

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• article

  Interpreting the Religious Freedom Restoration Act

  Texas Law Review

  Authors:

  1994

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• contribution

  The Effect of the EEOC’s Proposed Guidelines on Religion in the Workplace, Hearing Before the Subcommittee on Courts and Administrative Practice of the Senate Committee on the Judiciary

  Authors:

  1994

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• article

  UT’s Color-Conscious System

  Texas Lawyer

  Authors:

  Nov. 29, 1993

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• article

  The Triumph of Equity

  Authors:

  November 29, 1993

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• article

  Due Process of Law in Trilateral Disputes

  Iowa Law Review

  Authors:

  1993

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• article

  Individual Liberty and Constitutional Architecture: The Founders’ Prompt Correction of Their Own Mistake

  Harvard Journal of Law & Public Policy

  Authors:

  1993

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• article

  The Rights of Religious Academic Communities

  Journal of College & University Law

  Authors:

  1993

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• article

  The Religious Freedom Restoration Act

  Authors:

  1993

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• article

  What Hillary Clinton Really Said

  Wall Street Journal

  Authors:

  Sept. 16, 1992

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• article

  How to Restore Religious Freedom: A Debate

  Authors:

  April 1, 1992

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• article

  A Declaration: For the Religious Freedom Restoration Act

  Authors:

  March 1, 1992

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• article

  Equal Citizens of Equal and Territorial States: The Constitutional Foundations of Choice of Law

  Columbia Law Review

  Authors:

  1992

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• article

  Summary and Synthesis: The Crisis in Religious Liberty

  George Washington Law Review

  Authors:

  1992

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• contribution

  The Religious Freedom Restoration Act: Hearings Before the Senate Committee on the Judiciary

  Authors:

  1992

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• contribution

  Religious Freedom Restoration Act of 1991: Hearings Before the Subcommittee on Civil and Constitutional Rights of the House Committee on the Judiciary

  Authors:

  1992

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• article

  The Benefits of the Establishment Clause

  DePaul Law Review

  Authors:

  1992

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• article

  Neutrality Needed: Founders Rejected Endorsement of Religion

  Authors:

  September 1, 1991

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• article

  The Death of the Irreparable Injury Rule

  Texas Lawyer

  Authors:

  Aug. 12, 1991

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• article

  An Open Letter on Religious Freedom

  Authors:

  March 1, 1991

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• book

  The Death of the Irreparable Injury Rule

  New York: Oxford University Press

  Authors:

  1991

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• contribution

  Religious Freedom Restoration Act of 1990: Hearings Before the Subcommittee on Civil and Constitutional Rights of the House Committee on the Judiciary

  Authors:

  1991

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• article

  The Declaration is Not Law

  Authors:

  1991

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• article

  Vicious Stereotypes in Polite Society

  Constitutional Commentary

  Authors:

  1991

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• article

  That and Which

  Scribes Journal of Legal Writing

  Authors:

  1991

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• article

  “Noncoercive” Support for Religion: Another False Claim About the Establishment Clause

  Valparaiso University Law Review

  Authors:

  1991

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• review

  The Tempting of America: the Political Seduction of the Law

  Ethics

  Authors:

  1991

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• article

  Minority Faculty Issue Clouded by Bias

  Authors:

  July 10, 1990

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• article

  Formal, Substantive and Disaggregated Neutrality Toward Religion

  DePaul Law Review

  Authors:

  1990

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• article

  The Remedies Issues: Compensatory Damages, Specific Performance, Punitive Damages, Supersedeas Bonds, and Abstention

  Review of Litigation

  Authors:

  1990

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• article

  The Supreme Court’s Assault on Free Exercise, and the Amicus Brief That was Never Filed

  Journal of Law & Religion

  Authors:

  1990

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• article

  Text, Intent and the Religion Clauses

  Notre Dame Journal of Law, Ethics & Public Policy

  Authors:

  1990

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• article

  Watering Down the Free-Exercise Clause

  Christian Century

  Authors:

  1990

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• article

  The Students Won! The Supreme Court Enforces the Equal Access Act

  Authors:

  1990

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• review

  Constitutional Cultures: The Mentality and Consequences of Judicial Review

  Yale Law Journal

  Authors:

  1990

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• review

  Contract Enforcement: Specific Performance and Injunctions

  Business Lawyer

  Authors:

  1990

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• review

  The Maroonbook v. The Bluebook: A Comparative Review

  Scribes Journal of Legal Writing

  Authors:

  1990

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• contribution

  Original Intent and the Constitution Today

  Authors:

  1990

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• article

  The Remnants of Free Exercise

  Authors:

  1990

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• article

  The Death of the Irreparable Injury Rule

  Harvard Law Review

  Authors:

  1990

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• article

  Why the First-Year Legal Writing Course Cannot Do Much About Bad Legal Writing

  Scribes Journal of Legal Writing

  Authors:

  1990

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• article

  Peyote, Wine, and the First Amendment

  Christian Century

  Authors:

  1989

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• article

  The Scope and Significance of Restitution

  Texas Law Review

  Authors:

  1989

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• book

  God Alone Is Lord of the Conscience: Policy Statement and Recommendations Regarding Religious Liberty

  Louisville, KY: Presbyterian Church U.S.A.

  Authors:

  1989

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• contribution

  Tort Liability, Spiritual Counseling, and the First Amendment

  Tort and Religion

  Authors:

  1989

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• review

  Red, White and Blue: A Critical Analysis of Constitutional Law

  Journal of Church & State

  Authors:

  1989

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• article

  Academic Freedom and the Free Exercise of Religion

  Texas Law Review

  Authors:

  1988

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• article

  Religious Liberty: The Legal Rights of Religious Belief and Ministry

  Authors:

  1988

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• review

  The Believer and the Powers That Are: Cases, History, and Other Data Bearing on the Relation of Religion and Government

  Harvard Law Review

  Authors:

  1988

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• article

  Philosophy is Enough to Deny Senate Consent

  USA Today

  Authors:

  Sept. 15, 1987

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• article

  Consent Decrees Without Consent: The Rights of Nonconsenting Third Parties

  Authors:

  1987

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• book

  Preliminary Report on a Restatement 2d of Restitution

  Authors:

  1987

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• contribution

  Nomination of Robert H. Bork to Associate Justice of the Supreme Court of the United States, 1987: Hearings Before the Senate Committee on the Judiciary

  Authors:

  1987

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• article

  Equality and the Citizens of Sister States

  Florida State University Law Review

  Authors:

  1987

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• article

  Constitutional Theory Matters

  Texas Law Review

  Authors:

  1987

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• article

  A Legal and Constitutional Survey of Religious Liberty in the United States

  Authors:

  June 1, 1986

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• article

  “Non-Preferential” Aid to Religion: A False Claim About Original Intent

  William & Mary Law Review

  Authors:

  1986

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• article

  A Survey of Religious Liberty in the United States

  Ohio State Law Journal

  Authors:

  1986

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• contribution

  The Right to Church Autonomy as Part of Free Exercise of Religion

  Government Intervention in Legal Affairs

  Authors:

  1986

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• article

  Statistical Proof and Theories of Discrimination

  Authors:

  1986

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• article

  Continuing Violations, Disparate Impact in Compensation

  Authors:

  1986

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• article

  Equal Access and Moments of Silence: The Equal Status of Religious Speech by Private Speakers

  Northwestern Law Review

  Authors:

  1986

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• review

  The First Freedoms: Church and State in America to the Passage of the First Amendment

  Journal of Law & Religion

  Authors:

  1986

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• article

  Bible Chairs Program Aids Religion

  Authors:

  December 10, 1985

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• article

  Founders Wanted Total Neutrality

  Authors:

  August 12, 1985

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• article

  The Ultimate Unity of Rights and Utilities

  Texas Law Review

  Authors:

  1985

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• article

  Goldsboro Christian Schools, Inc. v. United States

  Authors:

  April 21, 1983

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• contribution

  Nondiscrimination in Insurance Act of 1983: Hearings Before the Subcommittee on Commerce, Transportation, and Tourism of the House Committee on Energy and Commerce

  Authors:

  1983

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• article

  The Efficient Use of Group Averages as Nondiscrimination: A Rejoinder to Professor Benston

  University of Chicago Law Review

  Authors:

  1983

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• article

  Atheist’s Point is a Valid One

  Authors:

  February 26, 1982

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• article

  Tax Exemptions for Racially Discriminatory Religious Schools

  Texas Law Review

  Authors:

  1982

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• contribution

  Fair Insurance Practices Act: Hearings Before the Senate Committee on Commerce, Science, and Transportation

  Authors:

  1982

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• article

  Due Process and Separation of Powers: The Effort to Make the Due Process Clauses Nonjusticiable

  Texas Law Review

  Authors:

  1982

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• review

  Teaching Materials on Commercial and Consumer Law, 3rd ed.

  Yale Law Journal

  Authors:

  1982

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• review

  Democracy and Distrust: A Theory of Judicial Review

  Texas Law Review

  Authors:

  1981

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• article

  Sex Discrimination as “Actuarial Equality”: A Rejoinder to Kimball

  Authors:

  1981

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• article

  Towards a General Theory of the Religion Clauses: The Case of Church Labor Relations and the Right to Church Autonomy

  Columbia Law Review

  Authors:

  1981

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• contribution

  Nondiscrimination in Insurance: Hearings Before the Subcommittee on Consumer Protection and Finance of the House Committee on Interstate and Foreign Commerce

  Authors:

  1980

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• article

  Sex Discrimination in Employer-Sponsored Insurance Plans: A Legal and Demographic Analysis

  University of Chicago Law Review

  Authors:

  1980

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• article

  Catholic Schools and Teachers’ Unions

  America

  Authors:

  1979

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• review

  The Civil Rights Injunction

  Texas Law Review

  Authors:

  1979

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• article

  Federal Interference With State Prosecutions: The Cases Dombrowski Forgot

  University of Chicago Law Review

  Authors:

  1979

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• contribution

  Report

  Report of the Illinois Judicial Conference

  Authors:

  1978

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• article

  Dispositive Pre-Trial Motions in Illinois — Sections 45, 48 and 57 of the Civil Practice Act

  Loyola University Law Journal

  Authors:

  1978

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• article

  Civil Rights and Civil Liberties (review of Seventh Circuit)

  Chicago-Kent Law Review

  Authors:

  1977

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• article

  Federal Interference With State Prosecutions: The Need for Prospective Relief

  Authors:

  1977

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• contribution

  Report

  Report of the Illinois Judicial Conference

  Authors:

  1977

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• contribution

  Awarding of Attorney’s Fees: Hearings Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the House Committee on the Judiciary

  Authors:

  1975

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• contribution

  An Inter-City Approach to Fiscal Impact Analysis

  Authors:

  1972

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