Employment Division v. Smith at the Supreme Court: The Justices, the Litigants, and the Doctrinal Discourse

The Endorsement Factor (2011)

The “Licentiousness” in Religious Organizations and Why it is Not Protected Under Religious Liberty Constitutional Provisions

The Rules Against Scandal and What They Mean for the First Amendment’s Religion Clauses

The Constitutional Limitations on Congress’s Power Over Local Land Use: Why the Religious Land Use and Institutionalized Persons Act Is Unconstitutional

An Imperfect Vocabulary of Religious Liberty;Reflections on Employment Div. v. Smith and Boerne v. Flores and the Relationship Between the Legal Academy and the United States Supreme Court

The Waterloo for the So-Called Church Autonomy Theory: Widespread Clergy Abuse and Institutional Cover-Up
 
A Response to Professor Laycock
 
A Reply to Professor Johnson

Faith-Based History: Hugh Heclo's history of Christianity in America overlooks the factional, temporal, and profane concerns of the nation's churches
  
Church Autonomy Is Not a Better Path to “Truth”: A Comment in Response to Kathleen Brady

What is Rehnquist Federalism?
 
The Religious Origins of Disestablishment Principles

How Democratic Is the American Constitution: Republican Democracy Is Not Democracy
 
What Does “Religion” Mean in the Public Square?
 
First Amendment Lost and Found: The Establishment Clause During the 2004 Term: Big Cases, Little Movement
 
Religious Institutions, the No-Harm Doctrine, and the Public Good
 
Direct Democracy and the Protestant Ethic
 
Federalism and the Public Good: The True Story Behind the Religious Land Use and Institutionalized Persons Act

The Jurisprudence of Information Flow: How the Constitution Constructs the Pathways of Information
 
Religion, the Rule of Law, and the Good of the Whole: A View from the Clergy

Copyright Law as Communications Policy: Convergence of Paradigms and Cultures: The Distant Drumbeat: Why the Law Still Matters in the Information Era

"SEPARATION": From Epithet to Constitutional Norm  

Free? Exercise
 
Nine Shibboleths of the New Political Federalism

The Elusive Safeguards of Federalism

Why Federalism Must be Enforced: A Response to Prof. Kramer

Copyright at the Supreme Court: A Jurisprudence of Deference

A Response to Professor Benkler (Constitutionalization of Technology Law)
 
The Reaffirmation of Proportionality Analysis under Section 5 of the Fourteenth Amendment
 
Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy
 
Panel Two Commentary
 
Buried Voices, Dominant Themes: Justice Hans Linde and the Move to Structural Constitutional Interpretation

Farewell Madison Avenue

Art and the Marketplace of Expression
 
On School Vouchers and the Establishment Clause: Power, the Establishment Clause, and Vouchers
 
On School Vouchers and the Establishment Clause: A Reply
 
City of Boerne v. Flores: A Landmark for Structural Analysis
 
The Constitutional Rhetoric of Religion
 
The Religious Freedom Restoration Act is Unconstitutional, Period

The Top Ten Intellectual Property Law Questions that Should be Asked about any Merger or Acquisition 
  
Computer Science Concepts in Copyright Cases: The Path to a Coherent Law

Slouching Towards Globalization: Charting the Pitfalls in the Drive to Internationalize Religious Human Rights

Reconceptualizing Ratings: From Censorship to Marketplace 
 
The Constitution's Pragmatic Balance of Power between Church and State

An Evaluation of the Copyright Extension Act of 1995: Copyright Duration Extension and the Dark Heart of Copyright

Sandra Day O’Connor: Justice, Ambassador, and Role Model

Art Speech

The TRIPS Agreement: Imperialistic, Outdated, and Overprotective

The First Amendment’s Challenge Function and the Confusion in the Supreme Court’s Contemporary Free Exercise Jurisprudence
 
The Religious Freedom Restoration Act: Letting the Fox into the Henhouse Under Cover of Section 5 of the Fourteenth Amendment

The Herbert Tenzer Memorial Conference: Copyright in the Twentieth Century: Introduction

The Herbert Tenzer Memorial Conference: Copyright in the Twentieth Century: Four Questions about Art

Discussion and Decisions: A Proposal to Replace the Myth of Self-Rule with an Attorneyship Model of Representation

The Belief/Conduct Paradigm in the Supreme Court's Free Exercise Jurisprudence A Theological Account of the Failure to Protect Religious Conduct