Scholarship

I’ve taught law at Boston University since 2001, and received tenure and promotion to full professor in 2007. My courses have included administrative law, American Indian law, environmental law, legislation, the first amendment, law and religion, natural resources law, and introduction to U.S. law for foreign students. I’ve also taught constitutional civil liberties at Lyon 3 in France, a church-state course at Jagiellonian University in Krakow, Poland on a Fulbright Fellowship in 2008, and a US constitutional law course at the University of Buenos Aires on a Fulbright Fellowship in 2014.

My curriculum vitae (Updated October, 2014) is here. The following is a list of my published scholarly work, mostly articles, but my books and book chapters are listed as well. I’ve included links where possible. At the end of the list are a few other links to shorter pieces I’ve written that seemed more appropriately placed on this page than any other, including some book reviews I’ve written for the Boston Globe.

Constitutional Exaptation, Political Dysfunction, and the Recess Appointments Clause,”94 Boston University Law Review 807 (2014).

Some Thoughts on the First Amendment’s Religion Clauses and Abner Greene’s Against Obligation, with Reference to Patton Oswalt’s Character ‘Paul from Staten Island’ in the Film Big Fan,” 93 BU Law Review 1363 (2013).

Government Disapproval of Religion,” 2013 BYU Law Review 119.

“The First Ever (Maybe) Original Jurisdiction Standings,” 1 Journal of Legal Metrics (2012).

The Odd Clauses: Understanding the Constitution Through Ten of its Most Curious Provisions, (Beacon Press 2011).

“I’m a Laycockian! (for the Most Part),” review of Douglas Laycock, Collected Works on Religious Liberty, Volume 1: Overviews and History, Wm. B. Eerdmans Publishing Company (2011), 89 Texas Law Review 935 (2011).

“Judicial Minimalism and the Evolution Controversy: Further Thoughts on the ‘Is it Science?’ Question,” in Symposium on Intelligent Design and the Constitution, 4 University of St. Thomas Journal of Law and Public Policy 30 (2010).

“Justice Ginsburg’s Footnotes,” in Symposium on The Jurisprudence of Justice Ruth Bader Ginsburg, 43 New England Law Review 857 (2010).
Full text: Lexis

Holy Hullabaloos: A Road Trip to the Battlegrounds of the Church/State Wars, Beacon Press (2009).

“Religion in Public Schools,” in The Child: An Encyclopedic Companion, p. 815, University of Chicago Press (2009).

“Laugh Track II, Still Laughin’!” 117 Yale Law Journal Pocket Part 130 (2007).

“Protecting Religion Through Statute: The Mixed Case of the United States,” 5(3) Review of Faith and International Affairs 17 (2007).

“What Should We Teach When We Teach About Religion? The Case for a Global Perspective,” in Conference Proceedings: Religion and the Rule of Law in Southeast Asia: Continuing the Discussion Institute for Global Engagement (2007). [In English and Vietnamese]

“The (Non)Uniqueness of Environmental Law,” 74 George Washington Law Review 260 (2006).

“The Endorsement Court,” 21 Washington University Journal of Law & Policy 263 (2006).

From the Classroom to the Courtroom: Intelligent Design and the Constitution,” in Not in Our Classrooms: Why Intelligent Design is Wrong for Our Schools 83, Beacon Press (2006).

Intelligent Design and the First Amendment: A Response,” 83 Washington University Law Quarterly 63 (2006).

“Kitzmiller and the ‘Is it Science?’ Question,” 5 First Amendment Law Review 90 (2006).

“Too Much, Too Little: Religion in the Public Schools,” 6 University of Maryland Journal of Race, Religion, Gender, and Class 107 (2006).

“Laugh Track,” 9 Green Bag 2d 59 (2005).

“The Scopes Trope,” review of Larry A. Witham, Where Darwin Meets the Bible: Creationists and Evolutionists in America, Oxford University Press, 93 Georgetown Law Journal 1693 (2005).

“Parks as Gyms? Recreational Paradigms and Public Health in the National Parks,” 30 American Journal of Law and Medicine 155 (2004).

“Darwin, Design, and Disestablishment: Teaching the Evolution Controversy in Public Schools,” 56 Vanderbilt Law Review 749 (2003).

“Framing the Public Square,” review of Stephen L. Carter, God’s Name in Vain: The Wrongs and Rights of Religion in Politics, Basic Books (2000), 91 Georgetown Law Journal 183 (2002).

“Preparing for the Clothed Public Square: Teaching About Religion, Civic Education, and the Constitution,” 43 William and Mary Law Review 1159 (2002).

“Defending the Middle Way: Intermediate Scrutiny as Judicial Minimalism,” 66 George Washington Law Review 298 (1998).

“Cleaning the Mess?” 49 Stanford Law Review 667 (1997).

“Of Pandas, People, and the First Amendment: The Constitutionality of Teaching Intelligent Design in the Public Schools,” 49 Stanford Law Review 439 (1997).

“Risk in the Balance,” review of Risk Versus Risk: Tradeoffs in Protecting Health and the Environment, J. D. Graham & J. B. Wiener, eds., Harvard University Press (1995), 30 Connecticut Law Review 225 (1997).

Book Review, Edward Tenner, Why Things Bite Back: Technology and the Revenge of Unintended Consequences, Vintage (1997), 16 Stanford Environmental Law Journal 334 (1997).

 

A few other things I’ve written:

Boston Globe book reviews of Sonia Sotomayor’s book My Beloved LifeSandra Day O’Connor’s recent book; Jeff Shesol’s book on FDR vs. The Supreme Court and Charles Ogletree’s book on the Henry Louis Gates incident. Here’s a review from the Globe of two books: Katz on legal puzzles and Stuntz on the American criminal justice system.

A Huffington Post piece on a Supreme Court case involving a cross on public lands.

“School Prayer and Senate Prayer Are Not the Same” at OnFaith.