BOOKS
(With Lupu, Ira C.) Secular Government, Religious People. Grand Rapids: Wm. B. Eerdmans Pub. Co., 2014.
(With Ira C. Lupu.) Shifting Boundaries: The Establishment Clause and Government Funding of Religious Schools and Other Faith-Based Organizations, in collaboration with the Pew Forum on Religion and Public Life. Washington, D.C.: Pew Forum, 2009.
(With Lupu, Ira C.) The State of the Law 2008: A Cumulative Report on Legal Developments Affecting Government Partnerships with Faith-Based Organizations. Albany : Nelson A. Rockefeller Institute of Government, State University of New York, 2008.
(With Ira C. Lupu.) Religion in the Public Schools, in collaboration with the Pew Forum on Religion and Public Life. Washington, D.C.: Pew Forum, 2007.
(With Ira C. Lupu.) A Delicate Balance: The Free Exercise Clause and the Supreme Court, in collaboration with the Pew Forum on Religion and Public Life. Washington, D.C.: Pew Forum, 2007.
(With Lupu, Ira C.) The State of the Law, 2007: Legal Developments Affecting Government Partnerships with Faith-Based Organizations. Albany, NY: Nelson A. Rockefeller Institute of Government, State University of New York, 2007.
(With Lupu, Ira C.). The State of the Law 2006: Legal Developments Affecting Government Partnerships with Faith-Based Organizations. Albany, NY: Nelson A. Rockefeller Institute of Government, State University of New York, 2006.
(With Lupu, Ira C.). The State of the Law 2005: Legal Developments Affecting Partnerships Between Government and Faith-Based Organizations. Albany, NY: Nelson A. Rockefeller Institute of Government, State University of New York, 2005.
(With Lupu, Ira C.). The State of the Law 2004: Partnerships Between Government and Faith-Based Organizations. Albany, NY: Nelson A. Rockefeller Institute of Government, State University of New York, 2004.
(With Lupu, Ira C.). The State of the Law 2003: Developments in the Law Concerning Government Partnerships with Religious Organizations. Albany, NY: Nelson A. Rockefeller Institute of Government, State University of New York, 2003.
(With Lupu, Ira C.). Government Partnerships with Faith-Based Service Providers: State of the Law. Albany, NY: Nelson A. Rockefeller Institute of Government, State University of New York, 2002.
(With Karen Freeman-Wilson & Susan P. Weinstein.) Ethical Considerations for Judges and Attorneys in Drug Court. Washington, D.C.: National Drug Court Institute, 2001.
Available at: https://www.ndci.org/wp-content/uploads/ethicalconsiderations.pdf.
Gambling: A Study for Congregations. Chicago: Evangelical Lutheran Church in America, 1998.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
(With Ira C. Lupu.) The Remains of the Establishment Clause, 74 Hastings L.J. 1763 (2023).
Accommodation: The Constitutional Ground of Chaplaincy, 47 Hum. Rts., no. 3/4, 2022, at 44.
(With Peter J. Smith.) Gordon College and the Future of the Ministerial Exception, 47 J. Coll. & U.L. 1 (2022).
(With Ira C. Lupu) The Radical Uncertainty of Free Exercise Principles: A Comment on Fulton v. City of Philadelphia, 2020-2021 Am. Const. Soc'y Sup. Ct. Rev. 221.
Foster Care and the Growing Tensions Between the Religion Clauses: A Comment on Rogers v. HHS, 60 Fam. Ct. Rev. 70 (2022).
(With Ira C. Lupu.) Two Surprises in Fulton v. City of Philadelphia – A Unanimous Outcome and the Enduring Quality of Free Exercise Principles, Geo. Wash. L. Rev. On the Docket (Oct. 2020 Term) (June 21, 2021), https://www.gwlr.org/two-surprises-in-fulton-v-city-of-philadelphia/.
(With Ira C. Lupu.) The Radical Uncertainty of Free Exercise Principles: A Comment on Fulton v. City of Philadelphia, Am. Const. Soc’y Sup. Ct. Rev. (forthcoming 5th ed. 2020-21).
(With Ira C. Lupu.). Little Sisters of the Poor v. Pa.: Misuse of Complicity, Geo. Wash. L. Rev. On the Docket (Oct. 2019 Term) (July 19, 2020), https://www.gwlr.org/little-sisters-of-the-poor-v-pennsylvania-the-misuse-of-complicity/.
(With Ira C. Lupu.) The 2020 Ministerial Exception Cases: A Clarification Not a Revolution, Geo. Wash. L. Rev. On the Docket (Oct. 2019 Term) (July 9, 2020), https://www.gwlr.org/the-2020-ministerial-exception-cases-a-clarification-not-a-revolution/.
(With Ira C. Lupu.) The Bladensburg Cross Decision – A Twisted Cross and the Remaking of Establishment Clause Standards, Geo. Wash. L. Rev. On the Docket (Oct. 2018 Term) (July 1, 2019), https://www.gwlr.org/the-bladensburg-cross-decision-a-twisted-cross-and-the-remaking-of-establishment-clause-standards/.
(With Ira C. Lupu.) #MeToo Meets the Ministerial Exception: Sexual Harassment Claims by Clergy and the First Amendment’s Religion Clauses, 25 Wm. & Mary J. Race Gender & Soc. Just. 249 (2019).
(With Ira C. Lupu.) Masterpiece Cakeshop, Ltd., v. Colorado Civil Rights Comm'n: A Troublesome Application of Free Exercise Principles by a Court Determined to Avoid Hard Questions, Geo. Wash. L. Rev. On the Docket (June 7, 2018), https://www.gwlr.org/masterpiece-cakeshop-a-troublesome-application/.
(With Peter J. Smith.) Civil Procedure and the Ministerial Exception, 86 Fordham L. Rev. 1847 (2018).
(With Ira C. Lupu.) Trinity Lutheran Church v. Comer: Dodging on the Playground, Geo. Wash. L. Rev. On the Docket (July 5, 2017), http://www.gwlr.org/trinity-lutheran-church-v-comer/.
(With Ira C. Lupu.) Trinity Lutheran Church v. Comer: Paradigm Lost?, 2017 Am. Const. Soc’y Sup. Ct. Rev. 131 (Oct. Term 2016), https://scholarship.law.gwu.edu/faculty_publications/1299/.
(With Peter J. Smith.) God and State Preambles, 100 Marq. L. Rev. 757 (2017).
(With Ira C. Lupu.) The Mystery of Unanimity in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 20 Lewis & Clark L. Rev. 1265 (2017).
(With Lupu, Ira C.) "Religious Exemptions and the Limited Relevance of Corporate Identity," in The Rise of Corporate Religious Liberty. Ed. by Zoe Robinson, et al. Oxford: Oxford University Press, 2016.
(With Smith, Peter J.) "Bible Literalism and Constitutional Originalism," 86 Notre Dame Law Review 693-763 (2011).
(With Lupu, Ira C.) "The Forms and Limits of Religious Accommodation: the Case of RLUIPA," 32 Cardozo Law Review 1907-1936 (2011).
(With Lupu, Ira C.) "Same-Sex Family Equality and Religious Freedom," 5 Northwestern Journal of Law and Social Policy 274-306 (2010).
(With, Lupu, Ira C.) "Courts, Clergy, and Congregations: Disputes Between Religious Institutions and Their Leaders," 7 Georgetown Journal of Law & Public Policy 119-163 (2009).
(With Lupu, Ira C.). "Ball on a Needle: Hein v. Freedom from Religion Foundation, Inc. and the Future of Establishment Clause Adjudication," 2008 Brigham Young Law Review 115-168.
(With Lupu, Ira C.) "Constitutional Change and Responsibilities of Governance Pertaining to the Faith-Based and Community Initiative," in Innovations in Effective Compassion: Compendium of Research Papers, presented at the Faith-Based and Community Initiatives Conference on Research, Outcomes, and Evaluation. Prepared for The Center for Faith-Based and Community Initiatives, Office of the Assistant Secretary for Planning and Evaluation, U.S. Dept of Health and Human Services. Ed. by Joshi, Pamela, et. al. [Washington, D.C.] : July 1, 2008.
The report is available at https://aspe.hhs.gov/sites/default/files/pdf/200221/Lupu.pdf.
(With Lupu, Ira C.) "The Cross at College: Accommodation and Acknowledgment of Religion at Public Universities," 16 William & Mary Bill of Rights Journal 939-997 (2008).
"A Lutheran Perspective on Legal Ethics," in Faith and Law: How Religious Traditions from Calvinism to Islam View American Law. Ed. by Robert F. Cochran, Jr. New York: NYU Press, 2007.
(With Lupu, Ira C.) "Instruments of Accommodation: The Military Chaplaincy and the Constitution," 110 West Virginia Law Review 167-186 (2007).
(With Lupu, Ira C.) "Federalism and Faith." 56 Emory Law Journal 19-105 (2006).
(With Lupu, Ira C.). "The Faith-Based Initiative and the Constitution." 55 DePaul Law Review1-118 (2005).
(With Lupu, Ira C.). "Sexual Misconduct and Ecclesiastical Immunity." (Symposium: Church Autonomy.) 2004 Brigham Young University Law Review 1789-1896 (2004).
(With Lupu, Ira C.). "Zelman's Future: Vouchers, Sectarian Providers, and the Next Round of Constitutional Battles." 78 Notre Dame Law Review 917-994 (2003).
"All You Need Is Love: Paul Ramsey’s Basic Christian Ethics and Protestant Antilegalism," 18 Journal of Law & Religion 427 (2003).
(With Ira C. Lupu). "Giannella Lecture. The Distinctive Place of Religious Entities in our Constitutional Order." 47 Villanova Law Review 37-92 (2002).
(With Lupu, Ira C.). "Historic Preservation Grants to Houses of Worship: A Case Study in the Survival of Separationism." 43 Boston College Law Review 1139-1176 (2002).
(With Lupu, Ira C.). "Sites of Redemption: A Wide Angle Look at Government Vouchers and Sectarian Service Providers." 18 Journal of Law and Politics 537-606 (2002).
"Whether Lawyers, Too, Can Be Saved," J. Lutheran Ethics (Sept. 1, 2001), http://www.elca.org/JLE/Articles/1038.
"How Firm a Foundation? Protecting Religious Land Uses after Boerne." 68 George Washington Law Review 861-924 (2000).
(With William P. Marshall, Robert L. Corrada, Michael W. McConnell, Joanne C. Brant, Ira C. Lupu, Erwin Chemerinsky, Lisa Schultz Bressman, Douglas Laycock, and Vicki Schultz). "Religion in the Workplace: Proceedings of the 2000 Annual Meeting of the Association of American Law Schools Section on Law and Religion." 4 Employee Rights and Employment Policy Journal87-139 (2000).
"Reviving Privacy?" 67 George Washington Law Review 1183-1196 (1999).
"Death’s Casuistry," 81 Marquette Law Review 371 (1998).
(With Cahn, Naomi). "Dependency and Delegation: The Ethics of Marital Representation." 22 Seattle University Law Review 97-138 (1998).
"Paul Ramsey and the Common Law Tradition." 1996 Annual of the Society of Christian Ethics 171-202 (1996).
(With Morgan, Thomas D.). "Legal Representation in a Pluralist Society." (Symposium: Community, Pluralism and Professional Responsibility). 63 George Washington Law Review 984-1029 (1995).
"The Fiduciary's Fiduciary: Legal Ethics in Fiduciary Representation." 1994 University of Illinois Law Review 889-954 (1994).
BOOK REVIEWS
(With Lupu, Ira C.). "The Limits of Equal Liberty as a Theory of Religious Freedom." Review of Religious Freedom and the Constitution, by Christopher L. Eisgruber & Lawrence G. Sager. 85 Texas Law Review 1247-1272 (2007).
Book Review, 16 J. L. & Religion (2001) (reviewing The Promise of Lutheran Ethics, Karen L. Bloomquist and John R. Stumme, ed. (1998)).
OTHER
(With Ira C. Lupu.) Kennedy v. Bremerton School District – A Sledgehammer to the Bedrock of Nonestablishment, Geo. Wash. L. Rev. On the Docket (July 26, 2022), https://www.gwlr.org/kennedy-v-bremerton-school-district-a-sledgehammer-to-the-bedrock-of-nonestablishment/.
(With Ira C. Lupu.) Carson v. Makin and the Dwindling Twilight of the Establishment Clause, Geo. Wash. L. Rev. On the Docket (July 1, 2022), https://www.gwlr.org/carson-v-makin-and-the-dwindling-twilight-of-the-establishment-clause/.
(With Ira C. Lupu.) The 2020 Ministerial Exception Cases: A Clarification, Not a Revolution, Take Care (July 8, 2020), https://takecareblog.com/blog/the-2020-ministerial-exception-cases-a-clarification-not-a-revolution.
(With Ira C. Lupu.) The Perils of Relying on the Wrong Clause: Grounding the Ministerial Exception at the Supreme Court, Verdict (Mar. 18, 2020), https://verdict.justia.com/2020/03/18/the-perils-of-relying-on-the-wrong-clause-grounding-the-ministerial-exception-at-the-supreme-court.
(With Ira C. Lupu & Peter J. Smith.) The Imperatives of Structure: The Travel Ban, the Establishment Clause, and Standing to Sue, Take Care (Apr. 3, 2017), https://takecareblog.com/blog/the-imperatives-of-structure-the-travel-ban-the-establishment-clause-and-standing-to-sue.
(With Peter J. Smith.) Revising The Executive Order Might Not Save It, Huffington Post (Feb. 13, 2017, 5:28 PM).
Ethics and Religious Counseling in a Pluralistic Environment, Mil. Chaplain, Winter 2016, at 14.
(With Lupu, Ira C.) "Hitting the Wall: Religion is still Special Under the Constitution, says the High Court." Vol. 27, No. 11 Legal Times 68-69 (Mar. 15, 2004).
(With Lupu, Ira C.). New Federal Policies on Grants for Building Aid for Houses of Worship. Albany, NY: Roundtable on Religion and Social Welfare Policy, 2003.
(With Lupu, Ira C.). Developments in the Faith-Based and Community Initiatives: Comments on Notices of Proposed Rulemaking and Guidance Document. Albany, NY: Roundtable on Religion and Social Welfare Policy, 2003.
(With Lupu, Ira C.). A Preview of the Pending Supreme Court Decision in Locke v. Davey. Albany, NY: Roundtable on Religion and Social Welfare Policy, 2003.
(With Lupu, Ira C.). Legal Analysis of Final Rules and Notices of Proposed Rulemaking Concerning the Faith-Based Initiative. Albany, NY: Roundtable on Religion and Social Welfare Policy, 2003.
"In Vouchers They Trust: Voucher Financing of Faith-Based Services it the Administration's Most Promising Route to Constitutional Success (Zelman v. Simmons-Harris). 169 New Jersey Law Journal, no. 5, p. S-10(1) (July 29, 2002).