Publications
This is a list of my most recent publications:
Journal Articles and Book Chapters
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Stephen Presser’s Love Letter to the Law, in Five Parts, __ Constitutional Commentary __ (forthcoming 2018)
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Countering the Counterrevolution Narrative, 60 Modern Age 5-12 (2018)
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Preemption as a Consistency Doctrine, 25 William and Mary Bill of Rights Journal 981-1045 (2017) (lead article)
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The Power to Enforce the Civil War Amendments, in The Powers of The U.S. Congress: Where Its Constitutional Authority Begins and Ends (Brien Hallett ed., ABC-CLIO 2016)
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Judicial Review, in International Encyclopedia of Social and Behavioral Sciences (Rosann Greenspan & Kay Levine eds., 2015), in collaboration with Joel Grossman
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A Clarification of the Constitution’s Application Abroad: Making the “Impracticable and Anomalous” Standard More Practicable and Less Anomalous, 21 William and Mary Bill of Rights Journal 171-240 (2012)
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The Stoics and Legal Conservatives: Strange Bedfellows or Just Strange Fellows?, 30 Law and Philosophy 201-251 (2011)
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Painting Black Spaces Red, Black, and Green: The Constitutionality of the Mural Movement, 13 Berkeley Journal of African-American Law and Policy 1-44 (2011) (lead article)
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Establishment Clause-Trophobia: Building a Framework for Escaping the Confines of Domestic Church-State Jurisprudence, 41 Columbia Human Rights Law Review 699-763 (2010)
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Where Do Constitutional Modalities Come From? Complexity Theory and the Emergence of Intradoctrinalism, 3 The Journal Jurisprudence 191-218 (2009)
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Why Don’t More Public Schools Teach Sex Education?: A Constitutional Explanation and Critique, 13 William and Mary Journal of Women and Law 539-591 (2007)
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Finding a Ceiling in a Circular Room: Locke v. Davey, Religious Neutrality, and Federalism, 16 Temple Political and Civil Rights Law Review 103-143 (2007)
Review Essays and Encyclopedia Entries
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The Aberration of the Right, Claremont Review of Books (February 2016)
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Review of The Tragedy of Religious Freedom, by Marc O. DeGirolami, in Law and Politics Book Review, in (October 2013)
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Neutral Principles, in The Encyclopedia of the United States Constitution (David A. Schultz ed., 2008)
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Virginia Board of Pharmacy v. Virginia Citizens Consumer Council, in The Encyclopedia of the United States Constitution (David A. Schultz ed., 2008)
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BMW v. Gore, in The Encyclopedia of the United States Constitution (David A. Schultz ed., 2008)
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Locke v. Davey, in The Encyclopedia of the United States Constitution (David A. Schultz ed., 2008)
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Interpreting the Constitution, in The Encyclopedia of the United States Constitution (David A. Schultz ed., 2008), in collaboration with Andre Mura
Pew Forum Articles
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Churches in Court: The Legal Status of Religious Organizations in Civil Lawsuits (Apr. 2011), in collaboration with Ira C. Lupu, David Masci, and Robert W. Tuttle
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In Brief: Salazar v. Buono (Sept. 2009)
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Shifting Boundaries: The Establishment Clause and Government Funding of Religious Schools and Other Faith-Based Organizations (May 2009), in collaboration with Ira C. Lupu, David Masci, and Robert W. Tuttle
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A Fluid Boundary: The Free Exercise Clause and the Legislative and Executive Branches (Oct. 2008), in collaboration with Ira C. Lupu, David Masci, and Robert W. Tuttle
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In Brief: Pleasant Grove City v. Summum (Oct. 2008)
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On Ceremonial Occasions, May the Government Invoke a Deity? (Aug. 2008)
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In Brief: Hein v. Freedom from Religion Foundation (Jun. 2008)
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Courts Not Silent on Moments of Silence (Apr. 2008)