Articles

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The Mystery of Life in the Laboratory of Democracy: Personal Autonomy in State Law, Cleveland State Law Review (2012)

Debates about personal autonomy today play major roles in controversial legal and political debates. Arguments...

 

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Empathy’s White Elephant: Responding to the Subprime Mortgage Crisis Without Denigrating the Poor, Georgetown Journal of Law & Public Policy (2011)

Empathy in judicial foreclosures is the new coverture. President Obama’s judicial empathy standard aims to...

 

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A Review of Jean Porter's Ministers of the Law, Journal of Faith & the Academy (2011)

Porter would have benefitted from examining the work of natural law scholars who have gone...

 

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Resurrecting the Bogeyman: The Curious Forms of the Substantial Burden Test in RLUIPA, Real Estate Law Journal (2011)

In 2000 Congress revived strict scrutiny review of regulations that substantially burden religious land use...

 

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The (Contingent) Value of Autonomy and the Reflexivity of (Some) Basic Goods, Journal Jurisprudence (2010)

Many of the legal and policy issues about which people today get most exercised turn...

 

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A Non-Fatal Collision: Interpreting RLUIPA Where Religious Land Uses and Community Interests Meet, The Urban Lawyer (2010)

Despite enjoying bipartisan support in Congress and passing by an overwhelming majority, RLUIPA, and particularly...

 

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A Gift Worth Dying For?: Debating the Volitional Nature of Suicide in the Law of Personal Property, Idaho L. Rev. (2008)

This article examines the debate in personal property law over the question whether suicide is...

 

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The Search for Moral Neutrality in Same-Sex Marriage Decisions, BYU Journal of Public Law (2008)

In recent months, the California Supreme Court struck down the state’s conjugal marriage and domestic...

 

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The Law as Bard: Extolling a Culture’s Virtues, Exposing Its Vices, and Telling Its Story, The Journal Jurisprudence (2008)

Our cultural forebears appointed a rather singular individual to preserve for their children a record...

 

Unpublished Papers