Articles

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The Mighty Work of Making Nations Happy: A Response to James Davison Hunter, Pepperdine Law Review (2013)

This article is an invited response to James Davison Hunter’s much-discussed book To Change the...

 

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THE LIBERTY OF THE CHURCH: Source, Scope and Scandal, Villanova University School of Law Working Paper Series (2013)

This article was presented at a conference, and is part of a symposium, on "The...

 

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RESISTING THE GRAND COALITION IN FAVOR OF THE STATUS QUO BY GIVING FULL SCOPE TO THE LIBERTAS ECCLESIAE, Villanova University School of Law Working Paper Series (2013)

This paper argues that questions about "religious freedom" must be subordinated to the fundamental principle...

 

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“Religious Freedom,” The Individual Mandate, and Gifts: On Why the Church Is Not a Bomb Shelter, Villanova University School of Law Working Paper Series (2013)

The Health and Human Services' regulatory requirement that all but a narrow set of "religious"...

 

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“The Pursuit of Happiness” Comes Home to Roost? Same-Sex Union, the Summum Bonum, and Equality, BYU Journal of Public Law, Vol. 27, Issue 2 (2013)

John Locke understood human happiness to amount to the removal of "uneasiness." This paper argues...

 

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The Mighty Work of Making Nations Happy: A Response to James Davison Hunter, Villanova University School of Law Working Paper Series (2013)

This article is an invited response to James Davison Hunter’s much-discussed book To Change the...

 

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Subsidiarity in the Tradition of Catholic Social Doctrine, Michelle Evans and Augusto Zimmermann (eds.), Subsidiarity in Comparative Perspective (Springer, forthcoming 2013) (2012)

This chapter is an invited contribution to the first English-language comparative study of subsidiarity, M....

 

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LEGAL AFFINITIES: Explorations in the Legal Form of Thought, Villanova University School of Law Working Paper Series (2012)

This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming...

 

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Are Legislation and Rules a Problem in Law? Thoughts on the Work of Joseph Vining, Villanova Law Review (2011)

Written for a conference at Villanova Law School held to celebrate and explore the work...

 

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Equality, Conscience, and the Liberty of the Church: Justifying the Controversiale per Controversialius, Villanova Law Review (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 (2009)

There is an ongoing debate about whether the U.S. Constitution includes – or should be...

 

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Introduction to The Vocation of the Child, Wm. B. Eerdmans Publishing Co. (2008)
 

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Locating Authority in Law, and Avoiding the Authoritarianism of Textualism, Notre Dame Law Review (2008)

Much modern jurisprudence attempts to move the locus of authority away from people with authority...

 

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A Quandary in Law? A (Qualified) Catholic Denial, San Diego Law Review (2007)

A contribution to the second law review symposium dedicated to Steven Smith’s Law’s Quandary (Harvard...

 

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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 Law Review (2007)

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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Harmonizing Plural Societies: The Case of Lasallians, Families, Schools – and the Poor, Journal of Catholic Legal Studies (2006)

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

 

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Law and Who We Are Becoming, Villanova Law Review (2005)
 

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On What Sin (and Grace) Can Teach Crime, Punishment and Society (Symposium Volume) (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 (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), Lonergan Workshop Journal (ed. Fred Lawrence, 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)
 

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By Nature Equal: The Anatomy of a Western Insight (with John E.E. Coons) (1999)

The basic premise of this book, by two law professors, is that humans, in spite...

 

Book Chapters

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Sovereign States? The State of the Question from a Catholic Perspective, Faith and Law: How Religious Traditions from Calvinism to Islam View American Law (2007)
 

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Introduction to Civilizing Authority: Society, State and Church, Civilizing Authority: Society, State and Church (2007)
 

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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: Volume Two (2006)
 

Book Reviews

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Giving Effect to the Natural Law, Review of Hadley Arkes, Constitutional Illusions and Anchoring Truths: The Touchtone of Natural Law (Cambridge University Press) (2010)
 

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What's the Matter With You Catholics? Soundings in Catholic Social Thought (Review of Mary Ann Glendon, Traditions in Turmoil, 2006) (Invited), 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, 1996), Law and Philosophy: An International Journal for Jurisprudence and Legal Philosophy (1998)
 

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