Rights and the Religion Clauses

Article published in the Duke Journal of Constitutional Law & Public Policy

Intelligent Design in Public University Science Departments: Academic Freedom or Establishment of Religion

Article published in the William & Mary Bill of Rights Journal

Struggling with Text and Context: A Hermeneutic Approach to Interpreting and Realizing Law School Missions

Article published in the St. John's Law Review

Religious Objects as Legal Subjects

Article published in the Wake Forest Law Review

Playing the Proof Game: Intelligent Design and the Law

Intelligent design advocates argue that excluding intelligent design from educational and scientific environments discriminates in favor of methodological naturalism and against other approaches for understanding natural phenomena. These arguments are flawed both legally and philosophically. In order to succeed ID advocates need to demonstrate that ID is science and that public school classes and scientific institutions are public fora for speech. Legal scholarship has generally ignored the most relevant arguments from philosophy of science and the relationship of those arguments to constitutional concepts. This article demonstrates that even when ID is given the benefit of the best scientific, philosophical, and legal arguments it is unequipped to take advantage. This is because, in part, ID is a response to several important cases decided under the Establishment Clause, and the form the ID movement has taken reflects a plan to avoid the legal defeats that creationism and creation science faced. Intelligent design is essentially a marketing plan to claim credibility in public discourse and to avoid conflict with inconvenient court decisions. At least as to the latter goal ID advocates are likely to fail

A Basic Introduction to Constitutional Free Exercise of Religion in the United States and Japan

Article published in the Contemp. Readings Law & Soc. Just.