Collected Works on Religious Liberty, Vol. 1: Overviews and History »

Douglas Laycock is the Yale Kamisar Collegiate Professor of Law at the University of Michigan and also holds an Emeritus Chair at the University of Texas. He is the author of many works on religious liberty, has extensive court experience, and is the 2009 winner of the National First Freedom Award from the Council on America's First Freedom.

The Collected Works on Religious Liberty comprehensively collects the scholarship, advocacy, and explanatory writings of leading scholar and lawyer Douglas Laycock, illuminating every major religious liberty issue from both theoretical and practical perspectives. / This first volume gives the big picture of religious liberty in the United States. It fits a vast range of disparate disputes into a coherent pattern, from public school prayers to private school vouchers to regulation of churches and believers. Laycock clearly and carefully explains what the law is and argues for what the law should be. He also reviews the history of Western religious liberty from the American founding to Protestant-Catholic conflict in the nineteenth century, using this history to cast light on the meaning of our constitutional guarantees. / Collected Works on Religious Liberty is unique in the depth and range of its coverage. Laycock helpfully includes both scholarly articles and key legal documents, and unlike many legal scholars, explains them clearly and succinctly. All the while, he maintains a centrist perspective, presenting all sides — believers and nonbelievers alike — fairly.

Foreword John Witte xiii

Preface to the Collected Works xvi

Preface to Volume 1 xxiii

Part 1 Overviews

A Normative Overviews 1

Formal, Substantive, and Disaggregated Neutrality toward Religion: 39 DePaul Law Review 993 (1990) 3

The Benefits of the Establishment Clause: 42 DePaul Law Review 373 (1992) 33

Religious Liberty a Liberty: 7 Journal of Contemporary Legal Issues 313 (1996) 54

Free Exercise Clause and Establishment Clause: General Theories: In Religion and American Law: An Encyclopedia 516 (Paul Finkelman, ed., 2000) 103

Religious Liberty: Not for Religion or against Religion, but for Individual Choice: 3 UT Law 42 (No. 1, Spring 2004) 123

Theology Scholarships, the Pledge of Allegiance, and Religious Liberty: Avoiding the Extremes but Missing the Liberty: 118 Harvard Law Review 156 (2004) 126

Substantive Neutrality Revisited: 110 West Virginia Law Review 51 (2007) 225

Remarks on Acceptance of National First Freedom Award from the Council for America's First Freedom: January 15, 2009 268

B Analytic and Descriptive Overviews 270

A Survey of Religious Liberty in the United States: 47 Ohio State Law Journal 409 (1986) 272

Religious Liberty: The Legal Rights of Religious Belief and Ministry: 30 Concern No. 1, at 16 (Jan. 1988) 326

Religious Freedom and International Human Rights in the United States Today: 12 Emory International Law Review 951 (1998) 331

Round Table Discussion on International Human Rights Standards in the United States: The Case of Religion or Belief: 12 Emory International Law Review 9/3 (1998) 351

The Supreme Court and Religious Liberty: 40 Catholic Lawyer 25 (2000) 359

Vouching towards Bethlehem: Religion in the News 2 (Summer 2002) 390

Church and State in the United States: Competing Conceptions and Historic Changes: 13 Indiana Journal of Global Legal Studies 503 (2006) 399

Religious Liberty in America: A Rapid Fire Overview: 33 Human Rights No. 3, at3 (Summer 2006) 437

A Conscripted Prophet's Guesses about the Future of Religious Liberty in America: October 25, 2007 445

C Book Reviews 463

Reflections on Two Themes: Teaching Religious Liberty and Evolutionary Changes in Casebooks: Reviewing John T. Noon, Jr., Believers and the Powers That Are: 101 Harvard Law Review 1642 (1988) 465

Book Note: Reviewing Mark V. Tushnet's Red, White, and Blue: A Critical Analysis of Constitutional Law: 31 Journal of Church and State 303 (1989) 482

Book Note: Reviewing Jesse H. Choper's Securing Religious Liberty: Principles for Judicial Interpretation of the Religion Clauses: 44 Political Studies 1015 (1996) 485

D Judicial Nominations 486

Philosophy Is Enough to Deny Senate Consent: USA Today 10A (Sept. 15,1987) 488

Letter to Senators Joseph R. Biden Strom Thurmond: In Nomination of Robert H. Bork to Be Associate Justice of the Supreme Court of the United States 6099 (1987) 490

Book Review: Reviewing Robert H. Bork's the Tempting of America: The Political Seduction of the Law: 101 Ethics 661 (1991) 497

Letter to Senator Patrick Leahy: (July 2, 2001) 500

Letter to Senator Orrin G. Hatch: In Confirmation Hearings on Federal Appointments 737 (Senate Committee on the Judiciary 2002) 504

Forging Ideological Compromise: New York Times A31 (Sept. 18, 2002) 506

Some of the False Attacks on Michael McConnell: In Confirmation Hearings on Federal Appointments 737 (Senate Committee on the Judiciary 2002) 509

Judicial Nominations in a Divided Government: Austin American-Statesman A15 (Oct. 9, 2002) 519

Injudicious: Liberals Should Get Tough on Bush's Conservative Judicial Nominees—and Stop Opposing Michael McConnell: The American Prospect Online (Oct. 30, 2002) 522

Part 2 History

Founders Wanted Total Neutrality: USA Today 8A (Aug. 12,1985) 529

"Nonpreferential" Aid to Religion: A False Claim about Original Intent: 27 William & Mary Law Review 875 (1986) 531

Responding to the Nonpreferentialists: A Review of Thomas J. Curry's The First Freedoms: Church and State in America to the Passage of the First Amendment (1986), and Leonard W. Levy's The Establishment Clause: Religion and the First Amendment (1986): 4 Journal of Law and Religion 241 (1986) 576

Text, Intent, and the Religion Clauses: 4 Notre Dame Journal of Law, Ethics, and Public Policy 683 (1990) 579

Original Intent and the Constitution Today: In The First Freedom: Religion and the Bill of Rights 87 (James E. Wood, ed., 1990) 594

The Declaration Is Not Law: Quarterly, A Publication of the Christian Legal Society 8 (Fall 1991) 614

"Noncoercive" Support for Religion: Another False Claim about the Establishment Clause: 26 Valparaiso University Law Review 37 (1992) 617

Continuity and Change in the Threat to Religious Liberty: The Reformation Era and the Late Twentieth Century: 80 Minnesota Law Review 1047 (1996) 651

Religious Liberty and Free Exercise: Back to the Future—What 21st Century Legal Culture Can Learn from the 19th Century's First Amendment: 1 Engage 132 (2000) 703

Regulatory Exemptions of Religious Behavior and the Original Understanding of the Establishment Clause: 81 Notre Dame Law Review 1793 (2006) 709

Part 3 Appendices

Appendix I "God Alone Is Lord of the Conscience": Policy Statement and Recommendations Regarding Religious Liberty 761

Committee on Religious Liberty and Church/State Relations, Presbyterian Church (U.S.A.) (1988) (reprinted in 8 Journal of Law & Religion 331 [1990])

Appendix II Reading Legal Citations for Nonlegal Readers 813

Index 827