Articles

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Religion and Race: The Ministerial Exception Reexamined, Northwestern University Law Review Colloquy (2011)

This Colloquy piece explores the constitutional relationship between religious exercise and racial discrimination in the...

 

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Constitutional Rights and Judicial Independence: Lessons from Iowa, Wash. U. L. Rev (2011)

Iowa held its 2010 judicial retention elections in the shadow of Varnum v. Brien, the...

 

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Nonpublic Reasons and Political Paradigm Change, St. John's Law Review (2011)

This article was a contribution to the 2010 Religious Legal Theory symposium held at St....

 

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Thoughts On the Divergence of Contract and Promise, Canadian Journal of Law and Jurisprudence (2011)

This essay offers some brief thoughts on Seana Shiffrin's recent work regarding the divergence of...

 

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Constructing the Constitutional Canon: The Metonymic Evolution of Federalist 10, Constitutional Commentary (2010)

This paper is part of larger symposium convened for the 2010 AALS annual meeting. In...

 

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Salazar v. Buono: Sacred Symbolism and the Secular State, Northwestern University Law Review (2010)

This short piece discusses some doctrinal and theoretical implications of the Court's recent decision.

 

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The Constitutional Canon As Argumentative Metonymy, William & Mary Bill of Rights Journal (2010)

This article builds on Philip Bobbitt's Wittgensteinian insights into constitutional argument and law. I examine...

 

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Same-Sex Marriage in the Heartland: The Case for Legislative Minimalism in Crafting Religious Exemptions, Michigan Law Review First Impressions (2009)

This commentary examines proposed religious exemptions to Iowa's nondiscrimination laws for those who oppose same-sex...

 

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Pleasant Grove v. Summum: Losing the Battle to Win the War, Virginia Law Review In Brief (2009)

This short essay explores the long-term doctrinal implications of the Supreme Court's decision in Pleasant...

 

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Metaphors and Modalities: Meditations on Bobbitt's Theory of the Constitution, William and Mary Bill of Rights Journal (2008)

This article builds on Philip Bobbitt’s remarkable work in constitutional theory, which posits a practice-based...

 

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The Political Origins of Secular Public Education: The New York City School Controversy, 1840-1842, NYU Journal of Law and Liberty (2008)

THE ORIGINS OF SECULAR PUBLIC EDUCATION: THE NEW YORK SCHOOL CONTROVERSY, 1840-1842 As the title...

 

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Of Historiography and Constitutional Principle: Jefferson's Reply to the Danbury Baptists, Journal of Church and State (2008)

This article examines the ways that the Supreme Court has used Thomas Jefferson's letter to...

 

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The Constitutional Structure of Disestablishment, NYU Journal of Law and Liberty (2007)

This article proceeds in the structuralist tradition, which Professor Charles Black describes as "the method...

 

Contributions to Books

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The Modalities of Constitutional Argument: A Primer, Readings in Persuasion: Briefs That Changed the World (2012)

This piece is a contribution to Linda Edwards upcoming book Readings In Persuasion: Briefs That...

 

Unpublished Papers

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Constitutional Value Judgments and Interpretive Theory Choice, ExpressO (2012)

Philip Bobbitt’s remarkable work describing the ‘modalities’ of constitutional argument is an immense contribution to...