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 and a
church-state course at Jagiellonian University in Krakow, Poland on a
Fulbright Fellowship in 2008.
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.
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," forthcoming BU Law Review
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
"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
"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
"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
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:
Globe book reviews of
Sonia Sotomayor's book My Beloved Life;
Sandra 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
Huffington Post piece on a Supreme Court case involving a cross on
piece on "On Faith" (the Washington Post/Newsweek blog on religion)
about government prayer.