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BOOKS
Monographs
Freedom’s Edge: Religious Freedom, Sexual Freedom, and the Future of America (Cambridge Univ. Press 2016). Nominated for a Prose Award.
Marketing Creation: The Law and Intelligent Design (Cambridge Univ. Press, 2012).
Masters of Illusion: The Supreme Court and the Religion Clauses (NYU Press 2007).
School Prayer and Discrimination: The Civil Rights of Religious Minorities and Dissenters (Northeastern University Press 1999, paperback edition 2001).
Casebooks and Treatises
Advanced Introduction to Law and Religion (Edward Elgar 2023).
Law and Religion: Cases, Materials, and Readings (4th Ed., West 2021) & Teachers Manual (4th Ed. with Larry Cata Backer 2022). Third Edition & Teachers’s Manual (2015). Second Edition & Teachers Manual (2008). First Edition & Teacher’s manual (2004).
Japanese Law in a Nutshell (West 2020) (with Colin Jones).
The Japanese Legal System (West Hornbook Series, 2018) (with Colin Jones).
Religion and the State in American Law (Cambridge Univ. Press 2015) (with the late Boris Bittker & Scott Idelman). This project was supported by a substantial grant from the Lilly Endowment.
Employment Discrimination Law (Prentice Hall 2005) (with Pamela Sumners & Janis McDonald).
Edited Volumes
Law, Religion, and Tradition (Springer, 2018) (with Jessica Giles and Andrea Pin).
Series Editor for Law and Religion in Global Context Series (Springer).
BOOK CHAPTERS
The U.S. Supreme Court’s New Religious Discrimination Doctrine and The Privileging of Majoritarian Religions, Religious Freedom, Religious Pluralism (Brill, Hossain Bhuiyan & Carla Zoethout, eds. 2023).
Traditions Edge: Interactions Between Religious Tradition and Sexual Freedom, in Law, Religion, and Tradition (Springer 2018) (with Andrea Pin and J.A. Giles).
The Continued Relevance of Philosophical Hermeneutics in Legal Thought, in The Nature of Legal Interpretation What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy (Univ. Of Chicago Press, Brian G. Slocum ed. 2017).
Philosophical Hermeneutics in the Age of Pixels: Hans-Georg Gadamer, Peter Tiersma, and Dasein in the Age of the Internet, in Speaking of Language and Law: Conversations on the Work of Peter Tiersma (Oxford Univ. Press, 2015).
Religion, Neutrality, and Liberty: Epistemology and Judicial Interpretation, in The Rule of Law and The Rule of God (Palgrave MacMillan, Simeon Ilesanmi ed., 2014).
Religion and the Law in American History, in The Columbia Guide to Religion in American History (Paul Harvey & Edward Blum, eds., Columbia Univ. Press, 2012).
Judicial Interpretation, Neutrality, and the U.S. Bill of Rights, in Freedom of Religion Under Bills of Rights (Paul Babie & Neville Rochow, eds. Univ. of Adelaide Press 2012).
Interpreting Scripture/Interpreting Law, in Hermeneutics and the Authority of Scripture (Alan Cadwallader, ed., ATF Press 2011).
Law, Religion and Science– Determining the Role Religion Plays in Shaping Scientific Inquiry in Constitutional Democracies– The Case of Intelligent Design, Proceedings of the 1st International Conference on Law and Social Order (Addleton Academic Publishers 2011).
Michigan Constitutional Law, in Essays in Michigan Legal History (Paul Finkelman & Martin Hershock, eds., Ohio Univ. Press 2006) (This book received an award from the Historical Society of Michigan).
School Prayer and Discrimination, in The Encyclopedia of Religious Freedom (Catharine Cookson, Derek Davis, Satvinder Juss, eds., Berkshire/Routledge 2003).
A Crack in The Wall: Pluralism, Prayer and Pain in the Public Schools, in Law and Religion: A Critical Anthology (Stephen Feldman ed., NYU Press 2000).
ARTICLES
Unprincipled, ___ Houston L. Rev.____ (forthcoming, expected Spring 2024).
Religion as Cultural Knowledge, Work in Progress with Sean Pager (expected submission February 2024).
Contextual Benefits of a Neutral Principles Approach to Religious Property Disputes, 2021 MSU L. Rev. 1347(Symposium) (2022).
Complicity and Discrimination, 69 Syracuse L. Rev. 491 (2019).
Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, 2015 BYU Law Review 55 (2016).
Complimentary or Competing Freedoms: Government Officials, Religious Freedom and LGBTQ Rights, 11 Fla. Int. L. Rev. 164 (2015) (symposium).
The Shinto Shrine Cases, Religion, Culture or Both: The Japanese Supreme Court and One Hundred Years of Establishment of Religion Cases, 2013 BYU Law Review 505 (Symposium 2013).
The Unbearable Lightness of Free Exercise Under Smith: Exemptions, Dasein, and the More Nuanced Approach of the Japanese Supreme Court, 44 Texas Tech Law Review 259 (2011) (Symposium).
Playing the Proof Game: The Law and Intelligent Design, 113 Penn State Law Review 841 (2009).
Intelligent Design in Public Universities: Establishment of Religion or Academic Freedom? 16 William & Mary Bill of Rights Journal 1061 (2008) (symposium).
Rights and the Religion Clauses, 3 Duke J. of Constitutional Law & Public Policy 91 (2008).
Religious Objects as Legal Subjects, 40 Wake Forest Law Review 1011 (2005).
Locke v. Davey and the Lose-lose Scenario: What Locke Could Have Said, but Didn’t, 40 Tulsa Law Review (2005) (symposium).
A Funny Thing Happened on the Way to Neutrality: Broad Principles, Formalism, and the Establishment Clause, 38 Georgia Law Review 489 (2004).
The Supreme Court’s Rhetorical Hostility: What is “Hostile” to Religion Under the Establishment Clause? 2004 BYU Law Review 1031 (2004) (symposium).
Struggling with Text and Context: A Hermeneutic Approach to Interpreting and Realizing Law School Missions, 74 St. John=s Law Review 731 (2000) (symposium).
The Americans With Certain Disabilities Act: Title I Of the ADA and The Supreme Court’s Result Oriented Jurisprudence, 77 Denver University Law Review 119 (2000) (with M. Freeman).
Privatization and Public Employee Pension Rights: Treading in Unexplored Territory, 19 Review of Public Pers. Administration 41 (1999) (with W. Lawther).
Creating Chaos in The Name of Consistency: Affirmative Action and The Odd Legacy of Adarand Constructors Inc. v. Pena, 101 Dickinson Law Review 281 (1997).
Hostile Work Environment and The Objective Reasonableness Conundrum: Deriving A Workable Framework from Tort Law for Addressing Knowing
Harassment of Hypersensitive Employees, 36 Boston College Law Review 257 (1995).
Contextualizing Gender Harassment: Providing an Analytical Framework for An Emerging Concept in Discrimination Law, 1995 Detroit College of Law at Michigan State Law Review 853 (lead article in annual labor law issue).
Beyond Reasonable Accommodation: The Availability and Structure of a Cause of Action For Workplace Harassment Under The Americans With Disabilities Act, 15 Cardozo Law Review 1475 (1994).
Balancing Fundamental Disability Policies: The Relationship Between the Americans With Disabilities Act and Social Security Disability, 1 Georgetown Journal on Fighting Poverty 240 (1994).
ESSAYS
Free Exercise of Religion in the United States: An Overview of Current Trends, 41 Nanzan Rev. of American Stud. 63 (2019).
Piece of Cake: The Masterpiece Cakeshop Case-Point-Counterpoint, 102 Judicature 67 (2018) (with Brett Scharffs).
Secularism and Liberal Constitutionalism: Lessons from Japan, 2017 Michigan State L. Rev. 149 (2017) (Symposium based on 2016 AALS Section on Law and Religion program).
Visits by the Japanese Prime Minister’s to the Yasukuni Shrine Analyzed Under Articles 20 and 89 of the Japanese Constitution, Michigan State University International L. Rev. 713 (Symposium 2014).
A Basic Introduction to Constitutional Free Exercise of Religion in the United States and Japan, 64 Doshisha L. Rev. 85 (2014) (special symposium issue dedicated to Taisuke Kamata).
Legal Interpretation/Scriptual Interpretation, 2009 Michigan State L. Rev. 377 (2010) (symposium).
Religious Freedom and Israeli Law, 57 Drake Law Review 879 (2009) (symposium sponsored by the Drake Constitutional Law Center).
Some Thoughts on Religion, Abstinence Only, and Sex Education in the Public Schools, 26 Children’s Legal Rts. J. 48 (2006) (symposium based on presentations for the AALS Section on Education Law panel at the 2006 AALS Annual Meeting).
I have also written a number of entries for a variety of major blogs and legal encyclopedias, including: Scotusblog; The Conversation; The Encyclopedia of Civil Liberties; Encyclopedia of the Supreme Court of the United States; Encyclopedia of the First Amendment.
BOOK REVIEWS
Review of Joylan Baraka Thomas, Faking Liberties: Religious Freedom in American Occupied Japan (University of Chicago Press 2020), in 37 J. of Law and Religion 414 (2022).
Review Essay for A Secular Age Beyond the West (Mirjam Künkler, John Madeley, and Shylashri Shankar eds., Cambridge University Press 2019)), in 36 J. of Law and Religion 299 (2021).
Review of John Witte, Jr., Church, State, and Family: Reconciling Traditional Teachings and Modern Liberties (Cambridge University Press 2019), in 62 J. of Church & State 183 (2020).
Review of Religious Freedom and Gay Rights: Emerging Conflicts in the United States and Europe (Timothy Samuel Shah, Thomas F. Farr and Jack Friedman eds., Oxford University Press, 2016), in 59 J. of Church & State (2018).
Review of Holy Writ: Interpreting Law and Religion (Arie-Jan Kwak, ed., Ashgate Publishing 2009), in International J. for the Semiotics of Law (2011).
Review of Joan Delfattore, The Fourth R: Conflicts Over Religion in America’s Public Schools (2004), 67 Sociology of Religion 112 (2006).
Review of Piety, Politics, and Pluralism: Religion, the Courts, and the 2000 Election (Mary C. Segers, ed. 2002), 65 Sociology of Religion 425 (2004).
Review of Guyora Binder and Robert Weisberg, Literary Criticisms of Law (Princeton Univ. Press 2000), 18 International J. for the Semiotics of Law (2004).
Can an Old Dog Learn New Tricks? A Nonfoundationalist Analysis of Richard A. Posner’s, The Problematics of Moral and Legal Theory, 37 Tulsa Law Review 967 (2002)(invited by the Law Review for Legal Scholarship Symposium issue dedicated to Morton Horwitz).
U.S. SUPREME COURT BRIEFS
Brief Amicus Curiae in support of Pet. for Writ of Cert. in Hecker v. Deere (2009).
Brief Amicus Curiae of (twenty railway unions) in Norfolk Southern Railway Co. v. Sorrell (2006).
Chandler v. Siegelman, brief Amicus Curiae of the Interfaith Alliance & Horace Mann League in Support of Petition for Writ of Certiorari (filed January 21, 2000). Result: Certiorari granted, judgement vacated and remanded to Eleventh Circuit for further consideration in light of Santa Fe Indep. School Dist. v. Doe.
I have signed on to amicus briefs in most Establishment Clause cases before the United States Supreme Court since 2004. I have also written several articles for symposia on SCOTUSblog.
