Articles

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The Place of "Higher Law" in the Quotidian Practice of Law, The Georgetown Journal of Law & Public Policy (2009)
 

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Equality, Conscience, and the Liberty of the Church: Justifying the Controversiale per Controversialius, Villanova Law Review (2009) (forthcoming) (2009)
This paper considers the central normative claim of Martha Nussbaum’s Liberty of Conscience: In Defense...
 

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Persons, Participating, and "Higher Law", Pepperdine Law Review (2009)
 

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Differentiating Church and State Without Losing the Church, Georgetown Journal of Law and Public Policy (2008)
There is an ongoing debate about whether the U.S. Constitution includes – or should be...
 

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A Quandary in Law? A (Qualified) Catholic Denial, Villanova University Legal Working Paper Series (2007)
A contribution to the second law review symposium dedicated to Steven Smith’s Law’s Quandary (Harvard...
 

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Harmonizing Plural Societies: The Cases of Lasallians, Families, Schools – and the Poor, Villanova University Legal Working Paper Series (2007)

The modern state characteristically assumes or asserts a monopoly over “group persons” and their right...

 

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Locating Authority in Law, and Avoiding the Authoritarianism of Textualism, Notre Dame Law Review (2007)
Much modern jurisprudence attempts to move the locus of authority away from people with authority...
 

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The Contributions of Catholics to the Socio-Political Order, Catholic University Law Review (2007)
 

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The Decreasing Ontological Density of the State in Catholic Social Doctrine, Villanova University Legal Working Paper Series (2006)
Over the last century-plus, Catholic social thought has gradually reduced the ontological density of the...
 

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Against Sovereignty: A Cautionary Note on the Normative Power of the Actual, Notre Dame Law Review (2006)
Drawing on classical and contemporary jurisprudence and political philosophy, this Essay argues that the Roberts...
 

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Law, Natural Law, and Human Intelligence: Living the Correlation, Catholic University Law Review (symposium issue) (2006)
 

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The ‘Right’ of Religious Liberty of the Child: Its Meaning, Measure, and Justification, Emory International Law Review (symposium issue) (2006)
 

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Law and Who We Are Becoming, Villanova Law Review (expanded version of inaugural Scarpa lecture) (2005)
 

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On What Sin (and Grace) Can Teach Crime, Punishment and Society (2003)
 

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Arguing for Human Equality, Journal of Law and Religion (2002)
 

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Realizing the Rule of Law in the Human Subject, Boston College Law Review (lead article) (2002)
 

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Natural Law and Human Equality (with John E. Coons), American Journal of Jurisprudence (1995)
 

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The Idea of a Descriptive Equality: Lonergan Explains Jefferson (with John E. Coons), Fred Lawrence (ed.), Lonergan Workshop (Boston College) (1995)
 

Books

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The Vocation of the Child (with Marcia Bunge, William Werpehowski, John Coons, Vigen Guroian, William Harmless, Philip Reynolds, Anthony Kelly, Charles Reid, John Witte, Bonnie Miller-McLemore, Charles Glenn, George Van Grieken, Elmer John Thiessen, and Robert Vischer) (2008)
 

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Civilizing Authority: Society, State, and Church (with Avery Cardinal Dulles, Russell Hittinger, John Coons, Steven Smith, Thomas Kohler, J. Budziszewski, Joseph Vining, Michael J. White, Glenn Tinder, and H. Jefferson Powell) (2007)
 

Book Chapters

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Jacques Maritain: Philosopher of Law, Politics, and All That Is, The Teachings of Modern Christianity on Law, Politics and Human Nature (2006)
 

Book Reviews

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What's the Matter With You Catholics?, Soundings in Catholic Social Thought, Journal of Law, Philosophy and Culture (2008)
This review essay of Mary Ann Glendon’s Traditions in Turmoil (2006) explores such topics as...
 

"Discovering the Archimedean Element in (Judicial) Judgment," review of Bruce Anderson, "'Discovery' in Legal Decision Making," (Kluwer 1996). , Law and Philosophy: An International Journal for Jurisprudence and Legal Philosophy (1998)
 

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