Publications

 

Books (Written or Edited)

 

Religion and the Constitution (Aspen Publishing, 2002) (with Michael McConnell and John Garvey)

 

Teachers’ Manual to Religion and the Constitution (Aspen Publishing, 2002) (with McConnell and Garvey)

 

The State and Religion in a Nutshell (West Publishing, 1998)

 

[Co-editor] The Structures of American Churches (Carolina Academic Press, forthcoming 2004) (edited with James Serritella, Cole Durham, Edward Gaffney, and Craig Mousin)

 

 

Book Chapters

 

“Too Good to Be True: The New Era Philanthropy Scandal and Its Implications,” in More Money, More Ministry:  The Financing of American Evangelical Religion (Eerdmans Publishing, 2000)

 

“The Federal Constitution” and “Religiously Affiliated Education,” in The Structures of American Churches (Carolina Academic Press, forthcoming 2004)

 

 

Full-Length Articles

 

The Voluntary Principle and Church Autonomy, Then and Now, 2004 B.Y.U. L. Rev. ___ (forthcoming) (invited symposium contribution)

 

Vouchers and Religious Schools: The New Constitutional Questions, 72 U. Cincinnati L. Rev. 151 (2003); abstract and download at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=409180

 

Copying for Religious Reasons:  A Comment on Principles of Copyright and Religious Freedom, 21 Cardozo Arts & Entertainment L. J. 287 (2003) (invited symposium contribution); abstract and download at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=355440

 

Why a State Exclusion of Religious Schools from School Choice Programs is Unconstitutional, 2 First Amendment L. Rev. 23 (2003) (invited symposium contribution)

 

The Pledge of Allegiance and the Limited State, 8 Tex. Rev. L. & Politics 41 (2003) (invited contribution); abstract and download at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=503622

 

Faith Under Democracy: What Have Believers Lost, What Have They Gained?, 2 Georgetown J. L. & Public Policy 44 (2003) (invited; comments on panel on Protestantism)

 

Race Relations and Modern Church-State Relations, 43 Boston College L. Rev. 1009 (forthcoming 2002) (invited symposium contribution); abstract and download at

 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=314941

 

Religious Liberty in America at the End of the Century, 16 J. Law & Relig. 187 (2001) (invited contribution)

 

Anti-Catholicism and Modern Church-State Relations, 33 Loyola U. Chi. L. J. 121 (2001) (invited symposium contribution); abstract and download at

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=294342

 

Religious Conservatives and the Death Penalty, 9 Wm. & Mary Bill Rts. J. 31 (2000) (symposium contribution); abstract and download at http://papers.ssrn,com/sol3/papers.cfm?abstract_id=259152

 

The Alabama Religious Freedom Amendment: An Interpretive Guide, 31 Cumberland L. Rev. 47 (2000)

 

The New Attacks on Religious Freedom Legislation And Why They Are Wrong, 21 Cardozo L. Rev. 415 (1999) (invited symposium contribution)

 

State Religious Freedom Statutes in Public and Private Education, 32 U. Cal. Davis L. Rev. 531 (1999) (invited symposium contribution)

 

Religious Speech in the Workplace: Harassment or Protected Speech?, 22 Harvard J. L. & Public Policy 959 (1999)

 

Some Religiously Devout Justices: Historical Notes and Comments, 81 Marquette L. Rev. 383 (1998) (invited featured symposium contribution, with William G. Ross)

 

The Constitutional Future of Religious Freedom Legislation, 20 U. Ark.Little Rock L. Rev. 715 (1998) (invited symposium contribution)

 

Religious Freedom After Boerne, 2 Nexus: A Journal of Opinion 91 (1997) (invited symposium contribution)

 

Religion Clause Anti-Theories, 72 Notre Dame L. Rev. 693 (1997)

 

Civility, Politics, and Civil Society: Response to Anthony Kronman, 26 Cumberland L. Rev. 871 (1996) (part of 1996 Rushton Lecture Symposium at Cumberland)

 

Religion, Race, Segregation, and Districting: Comparing Kiryas Joel with Shaw/Miller, 26 Cumberland L. Rev. 365 (1996) (part of 1995 voting rights symposium at Cumberland)

 

Slouching Toward Secularism: A Comment on Kiryas Joel School District v. Grumet, 44 Emory L. J. 433 (1995)

 

Church-State Relations and the Social Ethics of Reinhold Niebuhr, 73 North Carolina L. Rev. 1567 (1995)

 

Proclaiming Together?  Convergence and Divergence in Protestant Evangelism, 1945-67, 5 Relig. & Amer. Culture 49 (Winter 1995)

 

What Hath Congress Wrought?  An Interpretive Guide to the Religious Freedom Restoration Act, 39 Villanova L. Rev. 1 (1994)

 

Comment, The Guarantee of Republican Government: Proposals for Judicial Review, 54 U. Chicago L. Rev. 208 (1987) (winner of 1987 Bustin Prize at University of Chicago Law School)

 

 

Short Publications

 

Entry on “Religion” in The Oxford Companion to the Supreme Court (Kermit Hall ed., forthcoming 2004)

 

Religious Freedom in the Catacombs, America, June 7-14, 2004, at 14

 

Order in the Court:  How Judges Should Think, The Christian Century, Dec. 27, 2003, at 26

 

“The Free Exercise Clause,” in Heritage Foundation Guide to the Constitution (forthcoming)

 

Book Review, The Christian Century, Nov. 22, 2003 (reviewing William R. Hutchison, Religious Pluralism in America:  The Contentious History of a Founding Ideal)

 

Entry on “Land Use Restrictions” (with Douglas Laycock) in The Encyclopedia of Religious Freedom (Berkshire Publishing, 2003)

 

Chief Drafter, Joint Statement of Law Professors on School Vouchers and the Constitution, Pew Forum on Religion and Public Life (2002) (available at

http://pewforum.org/issues/files/VoucherPackage.pdf)

 

Entries in The Encyclopedia of the American Constitution (Leonard Levy and Kenneth Karst eds., 2000, Macmillan Co.).  Entries include “religious liberty” and the graduation prayer decision (Lee v. Weisman).

 

Entries in Law and Religion: An Encyclopedia (Paul Finkelman ed., 2000, Garland Press).  Entries include the “coercion” test in Establishment Clause cases, the church-state opinions of Chief Justice Rehnquist, the Kiryas Joel v. Grumet decision, the abortion funding decision (Harris v. McRae), and the Presbyterian Church v. Hull Church decision.

 

The Alabama Religious Freedom Amendment: A Lawyer’s Guide, 60 Ala. Lawyer 396 (November 1999) (with Frank Myers)

 

Book Review, Outlawing Illegal Acts, Books and Culture, October-November 1999, at 22 (reviewing James Jacobs and Kimberly Potter, Hate Crimes: Criminal Law and Identity Politics)

 

Book Review (to be titled), Books and Culture (forthcoming) (reviewing John T. Noonan, The Lustre of Our Country: The American Experience of Religious Freedom)

 

Entry in The Oxford American National Biography (1999, Oxford University Press), on Leo Pfeffer (noted church-state litigator and scholar)

 

Finally, A Sound Ruling in Prayer Case, Birmingham News, July 18, 1999, at C1

 

Is There a Right to Jury Trial in Copyright Infringement Suits Seeking Statutory Damages?, 1997-98 (American Bar Association) Preview of U.S. Supreme Court Cases 155

 

Excluding a Candidate from a Debate on a State-Owned Television Station: Editorial Judgment or Suppression of Free Speech?, 1997-98 Preview of U.S. Supreme Court Cases 40

 

Is “Integrity” Empty, or Worse?, 27 Cumberland L. Rev. 653 (1997) (reviewing Stephen L. Carter, Integrity (1996))

 

Confusion About Fusion: Can a State Refuse to Allow a Candidate to Be the Nominee of More than One Political Party?, 1996-97 Preview of U.S. Supreme Court Cases 146

 

Confronting the Court: Is the Constitution Just What the Judges Say It Is?, Books and Culture, October 1996

 

Booze Wars II, The Sequel: May States Prohibit Advertising the Price of Liquor?, 1995-96 Preview of U.S. Supreme Court Cases 76

 

“No News Is Good Booze”: Can the Government Prohibit Statements of Alcohol Content on Beer Labels?, 1994-95 Preview of U.S. Supreme Court Cases 126

 

Supreme Court Religious Ruling Misconstrues First Amendment, Birmingham News, July 22, 1994, at 9A

 

“Make the Law Go Away: When a Case is Settled on Appeal, Should the Court of Appeals Vacate the Trial Court Judgment?, 1993-94 Preview of U.S. Supreme Court Cases 110

 

Religious Freedom Implications in 1993, 14:3 Christian Legal Society Quarterly 10 (Fall 1993)

 

Drug Conspiracies: When a Drug Courier is Unconstitutionally Searched, May the ‘Kingpin’ Object?, 1992-93 Preview of U.S. Supreme Court Cases 294

 

Letters to The New York Times, October 1998, October 1995

 

 

Works in Progress

 

The Third Disestablishment of Religion: Church, State, and Society in America from the 1940s Through the 1970s (draft book in progress)

 

The Religion of Supreme Court Justices (book-length project, with William Ross; some chapters in draft form)

 

Minority Religions and the Religion Clauses (draft article in progress)

 

Stewardship, Creativity, and Intellectual Property (draft article in progress)

 

 

                                                              Law School Service

 

University of St. Thomas School of Law

 

Co-Director, Terence J. Murphy Institute for Catholic Thought, Law, and Public Policy (2003- )

Chief drafter, UST Law School Self-Study, for application for ABA provisional accreditation (August 2002)

 

Committees: Accreditation (Co-chair 2002-03), Faculty Appointments (2002- ,Chair 2003- )

 

Faculty advisor, University of St. Thomas Law Journal (2002- )

 

Co-faculty-editor, Law Journal Symposium, “God, the Person, History, and the Law: Themes in the Work of Judge John Noonan,” October 17-18, 2003

* Speakers included Jean Bethke Elshtain (University of Chicago Divinity), Hon. Stephen Reinhardt (U.S. Court of Appeals for the Ninth Circuit), john powell (Ohio State), Michael Perry (Emory), Steven Smith (San Diego), Alan Brownstein (California-Davis), Richard Helmholz (Chicago), Fr. Charles Curran (SMU Theology), Leslie Griffin (Houston), Ali Khan (Washburn), and approximately 20 others.  Papers published in the Law Journal, volume 1 (Spring 2004).

 

Cumberland Law School

 

Organizer and co-chair, conference on “Civil Rights in the New Decade,” co-sponsored by Cumberland Law School and the Birmingham Civil Rights Institute, February 15, 2001

* Speakers included Richard Lazarus (Georgetown), Deborah Ramirez (Northeastern), Eric Yamamoto (Hawaii).  Papers published in Cumberland Law Review, volume 32.

 

Organizer and co-chair, 30th anniversary conference on the Voting Rights Act, entitled “Where Do We Go From Here?  The Past, Present, and Future of Voting Rights,” October 8-10, 1995, Birmingham, AL

* Conference co-sponsored by Cumberland Law School, Birmingham Civil Rights Institute, and Miles Law School.  I conceived idea for conference, enlisted other sponsors, and organized law-related sessions (including CLE arrangements).  Three-day conference involved about 25 speakers, including Pam Karlan (Virginia), Chris Eisgruber (NYU), James Blumstein (Vanderbilt), and former Attorney General Nicholas Katzenbach.  Selected papers published in the Cumberland Law Review, volume 26, number 2 (including one paper cited extensively in Bush v. Vera, 517 U.S. 952 (1996)).

 

Co-founder and co-chair, Cumberland Colloquium on Law, Religion, and Culture (interdisciplinary scholarship workshop series), 1994-2001

* With a colleague, I conceived idea for this workshop series and continue to enlist speakers and organize meetings.  Speakers in have included Kent Greenawalt (Columbia), James Boyd White (Michigan), Michael Perry (Wake Forest), Andrew Koppelman (Northwestern), Phillip Hamburger (Chicago), William Marshall (Case Western), Steven Smith (Notre Dame), Marci Hamilton (Cardozo), Alan Brownstein (California-Davis), Frederick Gedicks (Brigham Young), Mark Janis (Connecticut), David Forte (Cleveland State), Teresa Collett (South Texas), and Cumberland and Samford faculty.

 

Co-founder and planning committee member, Cumberland Law School Rushton Distinguished Lecturer Series, 1995-98

* With two other colleagues, I conceived idea for this series, enlisted speakers, and organized sessions.  Lecturers have included Akhil Amar (Yale), Anthony Kronman (Yale), Lawrence Friedman (Stanford), Dan Carter (Emory History Department), Kip Viscusi (Harvard), and Edward Imwinkelreid (California-Davis).  Respondents have included James Boyd White (Michigan), Sanford Levinson (Texas), Michael Curtis (Wake Forest), Michael Paulsen (Minnesota), Anthony Lewis (New York Times), Nancy King (Vanderbilt), Lucie White (Harvard), Norval Morris (Chicago), William Mayton (Emory), Gary Schwartz (UCLA), Thomas Ulen (Illinois),  and several Cumberland faculty.

 

Organizer of Cumberland Law School faculty brown-bag presentations, 1994-97

 

Faculty committees: Faculty Recruitment (1993-96, 2000), Curriculum (Chair 1998-2000, overseeing full-scale curriculum reform), Advocacy and Clinical Education (1992-97), Judicial Clerkships (1994-98, 2000, chair 1997-98), External Relations (1994-97), Alumni Relations (1995-97), and Strategic Planning and Self-Study (1996-98), Ad Hoc Faculty Grievance Committee (2001)

 

Faculty sponsor: Law Review (1999-2001), Student Speakers’ Forum (1993-99), Cumberland Democrats (1995-97)

 

Coach, National Moot Court Team, 1998; advisor and judge for other moot court teams

 

 

                                       Major Presentations, Testimony, Consultations

                                                         (By invitation unless starred)

 

“The Pledge of Allegiance and the Limited State,” Minnesota Attorney General’s office Continuing legal Education, June 11, 2004

 

Featured scholar, First Amendment class, Cornell Law School (Prof. Steven Shiffrin), April 15, 2004

 

Commentator, Conference on Church Autonomy, Brigham Young Law School, February 6-7, 2004

 

“The Pledge of Allegiance and the Limited State,” AALS Annual Meeting, Section on Law and Religion, January 3, 2004

 

“Comments on Lawrence v. Texas,” to Minnesota Lavender Bar Association, October 15, 2003

 

“Why a State Exclusion of Religious Schools from School Choice Programs is Unconstitutional,” at Conference on Separating Church and the States: The Blaine Amendments, University of North Carolina Law School, March 29, 2003

 

“Freedom of Religion and Belief in the U.S.,” for Conference on Freedom of Religion and Belief, European-American Consortium on Church-State Relations, Budapest, Hungary, December 5-7, 2003; Emory Law School, September 19-21, 2002

 

“Stewardship, Creativity, and Intellectual Property,” for Roundtable at Christian Legal Scholars’ Symposium, Savannah, GA, November 2, 2002 *

 

“School Vouchers: The Next Round of Questions,” for Loop Breakfast Forum, Center for Church-State Studies, DePaul Law School, October 29, 2002

 

“Copying for Religious Reasons,” for Conference on Copyright: Engine of Free Expression or Tool of Private Suppression?, Cardozo Law School, April 15, 2002

 

“Race Relations and Modern Church-State Relations,” for Conference on Shifting into Neutral: The Decline of Church-State Separationism, Boston College Law School, April 5, 2002

“Secular Theology, Mainline Protestantism, and Church-State Relations,” for Federalist Society Conference on Religion and Democracy in America, Ann Arbor, Michigan, March 22, 2002

 

“Anti-Catholicism and Modern Church-State Relations,” for Conference on Church and State, Loyola Law School (Chicago), February 3, 2001

 

Panelist on “Legal Issues Stemming from the Scopes Trial,” for Natchez Literary Celebration, Natchez, Mississippi, June 2, 2000

 

“Religious Conservatives and the Death Penalty,” for Conference on Religion’s Role in the Administration of the Death Penalty, Institute for Bill of Rights Studies, William and Mary College of Law, April 7, 2000 (invitation based on paper proposal)

 

Briefing on the Religious Liberty Protection Act, for U.S. Senate staff, April 6, 2000

 

Speaker, AALS Annual Convention, Joint Program of Sections on Law and Religion and Gay and Lesbian Legal Issues, January 2000

 

“Developments in the Law of Religious Freedom,” Cumberland Law School Year-Ed Continuing Legal Education Program, December 29-30, 1999

 

Discussion Leader, Judicial Seminar on the Founding of the Republic, sponsored by Liberty Fund, in San Diego, California, June 22-27, 1999

 

Participant, Colloquium on Religious Liberty in Early Nineteenth-Century America, sponsored by Liberty Fund, in Richmond, Virginia, March 18-21, 1999

 

“The New Attacks on Religious Freedom Legislation,” for Conference on Religious Freedom Legislation: Is It Wise?  Is It Constitutional?, Cardozo Law School, February 8, 1999 (invited)

 

“Religious Freedom in Public and Private Schools,” for Conference on Restoring Religious Freedom in the States, sponsored by Council on Religious Freedom, at Georgetown Law School, January 28-29, 1999

 

Keynote Address, “Too Good to Be True: The New Era Philanthropy Scandal and Its Implications,” for Conference on The Financing of American Evangelical Religion, at Wheaton College (Illinois), December 5, 1998

 

“Religious Speech in the Workplace,” for American Bar Association, Individual Rights Section, at ABA Annual Conference, Toronto, August 3, 1998

 

“The Religious Liberty Protection Act of 1998,” Testimony to the House Judiciary Committee, Subcommittee on the Constitution, June 16, 1998

 

Roundtable Participant and Invited Witness, for Symposium on International Human Rights Standards and the United States: The Case of Religious Belief, Emory Law School, January 29, 1998 (including invited testimony to U.N. Special Rapporteur for Religious Freedom)

 

“Religious Freedom After Boerne,” at University of Arkansas-Little Rock Law School Symposium on City of Boerne v. Flores, Sept. 19-20, 1997

 

Participant, in Consultation on “Religion and the Public Schools,”sponsored by Lilly Endowment and DePaul University Center for Church-State Studies, August 2-3, 1997

 

“Religious Freedom After City of Boerne v. Flores,” Testimony to the House Judiciary Committee, Subcommittee on the Constitution, July 14, 1997

 

“The Third Disestablishment of Religion: Church and State in American Society from 1945 to 1975,” at Cumberland Colloquium on Law, Religion, and Culture, May 2, 1997 *

 

“Some Religiously Devout Justices: Historical Notes and Comments” (with William Ross), at Marquette Law School Symposium on Religion and the Judicial Process, April 8, 1997 (invited featured presentation)

 

“Religious Pragmatism and Legal Thought,” at Faculty Workshop at St. Mary’s Law School, March 29, 1996

 

“The Religion of Supreme Court Justices: Preliminary Enquiries and Assessments” (with William Ross), at Cumberland Colloquium on Law, Religion, and Culture, March 15, 1996 *

 

“Civility, Politics, and Civil Society,” at Cumberland Law School Rushton Distinguished Lecturer Series (response to Anthony Kronman), February 29, 1996 *

 

“The Federal Constitution” and “Religiously Affiliated Education,” at Conference on Legal Structures and Religious Institutions, DePaul University College of Law, April 2-3, 1995

 

“The Voluntary Principle and the Incorporation of the Establishment Clause,” at Cumberland Distinguished Lecturer Series (response to Akhil Amar), March 2, 1995 *

 

“Church-State Relations and the Social Ethics of Reinhold Niebuhr,” at Cumberland Colloquium on Law, Religion, and Culture, April 6, 1994 *

 

 

                                                             Significant Litigation

 

Filed briefs (as either primary or a primary author) in

 

Locke v. Davey, 540 U.S. ___, 124 C. Ct. 1307 (2004) (amicus curiae, on the merits)

 

Board of Regents v. Southworth , 529 U.S. __, 120 S. Ct. 1346 (2000) (amicus curiae, on the merits)

 

Agostini v. Felton, 521 U.S. 203 (1997) (amicus, on the merits)

 

Capitol Square Review Board v. Pinette, 515 U.S. 753 (1995) (amicus, on the merits)

 

Board of Education, Kiryas Joel School District v. Grumet, 512 U.S. 687 (1994) (amicus, on the merits)

 

Lamb’s Chapel v. Center Moriches School District, 508 U.S. 384 (1993) (amicus, on the merits)

 

International Society for Krishna Consciousness v. George, 499 U.S. 914 (1991), 494 U.S. 1075 (1990) (certiorari petition and successful stay application, for petitioner Hare Krishnas)

Board of Education v. Mergens, 496 U.S. 226 (1990) (amicus, on the merits)

 

Andrews v. Chittenden Town Bd. Of Educ., cert. denied, 120 S. Ct. 626 (1999) (amicus, supporing certiorari petition in school tuition voucher case)

 

Russian Orthodox Church Outside Russia v. Church of Holy Resurrection, cert. denied, 513 U.S. 1121 (1995) (amicus, supporting certiorari petition in church property case)

 

Bishop v. Delchamps, cert. denied, 505 U.S. 1218 (1992) (amicus, supporting certiorari petition asserting free speech rights of college professor)

 

Munn v. Algee, cert. denied, 502 U.S. 900 (1991) (certiorari petition, for petitioner, a Jehovah’s Witness, asserting right to refuse blood transfusion)

 

Kong v. Scully, 341 F.3d 1132 (9th Cir. 2003) (amici, several religious and civil liberties organizations, successfully defending constitutionality of Medicare accommodations for persons religiously opposed to medical treatment)

 

University of Great Falls v. N.L.R.B., 278 F.3d 1335 (D.C. Cir. 2002) (amici, numerous religious colleges, successfully defending college’s autonomy under NLRA)

 

Chandler v. Siegelman, 230 F.3d 1313 (11th Cir. 2000) (amicus, Center for Law and Religious Freedom, successfully defending student-initiated speech at public school events)

 

Children’s Healthcare Is A Legal Duty v. Min de Parle, 212 F.3d 1084 (8th Cir. 2000) (amici, several religious and civil liberties organizations, successfully defending constitutionality of Medicare accommodations for persons religiously opposed to medical treatment)

 

In re Young, 141 F.3d 854 (8th Cir. 1998) (amicus, Coalition for the Free Exercise of Religion, successfully defending validity of Religious Freedom Restoration Act as applied to federal law)

 

Siegel v. Truett-McConnell College, 73 F.3d 1108 (11th Cir. 1995) (amici, approximately 100 colleges, successfully asserting right of religious college to consider religion in hiring)

 

Pope v. East Brunswick Board of Education, 12 F.3d 1244 (3d Cir. 1993) (amicus, successfully defending high school student religious group meetings under Equal Access Act)

 

Hedges v. Wauconda School District, 9 F.3d 1295 (7th Cir. 1993) (amicus, successfully defending student meetings under Equal Access Act)

 

Doe v. Ottawa Jaycees, 934 F.2d 743 (7th Cir. 1991) (amicus, Anti-Defamation League of B’nai Brith, successfully attacking government-sponsored religious paintings on public property)

 

Jackson v. Benson, 578 N.W.2d 602 (Wis. 1998) (amicus, successfully defending inclusion of religious schools in low-income voucher program in Milwaukee)

 

Thompson v. Jackson, 546 N.W.2d 140 (Wis. 1996) (same)

 

 

                                Other Academic and Legal Work, Positions, and Honors

 

Chair, Law and Religion Section, Association of American Law Schools, 1997 (program chair, 1996; newsletter editor, 1994-95)

   * As program chair, I planned and organized the program for the section’s meetings at the 1997 AALS Annual Conference, featuring Stephen Carter (Yale), Stanley Fish (Duke),  and Steven Smith (Colorado).

 

Member, Committee on Religious Liberty, National Council of Churches of Christ, 1998-present

 

Member, Legal Advisory Board, Roundtable on Religion and Social Welfare Policy, Pew Forum on Religion and Public Life, 2003-present

 

Member, Board of Legal Scholars, DePaul University Center for Church-State Studies, 1994-present

 

Member, Advisory Committee, Center for Law and Religious Freedom (Annandale, VA), 1999-present

 

Advisor to Center for Law and Religious Freedom and to religious organizations, on a variety of matters concerning church and state and religious freedom, including litigation, pending legislation, and policy

 

Religious Liberty Defender of the Year Award, 1996, Christian Legal Society

 

Quotes on legal subjects in numerous publications, including New York Times, Time, U.S. News and World Report, National Law Journal, Boston Herald, Charlotte Observer, New Orleans Times-Picayune, National Catholic Register

 

Associate, Crossroads Center for Faith and Public Policy, 1995-present

 

Researcher, Park Ridge Center for Faith, Health, and Ethics, 1991-92 (compiling positions of various religious communities on issues of medical ethics and health policy)

 

Member, Rhodes Scholarship Selection Committees, Louisiana (1988), Wisconsin (1989-90), Alabama (1992-96)

 

Member:  American Bar Association, U.S. Supreme Court Historical Society

 

Admitted to practice:  Minnesota (2004), Illinois (1989), U.S. Supreme Court (1993), U.S. Court of Appeals for the Eleventh Circuit (1995)

 

 

                                                                     References

 

Hon. Michael W. McConnell, U.S. Court of Appeals for the Tenth Circuit; (801) 524-5145, michael.mcconnell@law.utah.edu.

 

William P. Marshall, University of North Carolina Law School; (703) 908-0928 (interim number).

 

Alan Brownstein, Professor, University of California Davis Law School; (530) 752-2586; aebrownstein@ucdavis.edu.

 

Andrew R. Klein, Professor, Indiana University Law School-Indianapolis; (317) 274-2099; anrklein@iupui.edu.

 

Stephen J. Ware, Professor, University of Kansas Law School; ware@ku.edu.

THOMAS C. BERG

 

Work Address                                                                                      Home Address

University of St. Thomas School of Law                                                4137 Drew Ave. S.

Mail # MSL 400                                                                                  Minneapolis, MN 55410

1000 La Salle Avenue                                                                          (612) 920-0236

Minneapolis, MN 55403-2015                                                                                     TBerg4@mn.rr.com

(651) 962-4918; tcberg@stthomas.edu

                                                           

                                                               Legal Employment

 

2002-               PROFESSOR, UNIVERSITY OF ST. THOMAS SCHOOL OF LAW

                                    * Teaching: constitutional law, intellectual property, federal courts,

                                          law and religion, religious liberty, Supreme Court

                                    * Research: constitutional law, First Amendment; intellectual property

* Co-Director, Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy

 

1992-               PROFESSOR, CUMBERLAND LAW SCHOOL, SAMFORD UNIVERSITY (ASSOCIATE PROFESSOR 1994-97; ASSISTANT PROFESSOR 1992-94)

                                    * Tenured as of fall 1996

 

1991-92           CENTERPIECE PROJECT COORDINATOR, DEPAUL UNIVERSITY CENTER FOR CHURCH-STATE STUDIES

 

1988-91           ASSOCIATE, MAYER, BROWN & PLATT (CHICAGO)

                                    * Practice in appellate and commercial litigation and representation of

                                         nonprofit institutions

 

1987-88           LAW CLERK, HON. ALVIN B. RUBIN, U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT (BATON ROUGE, LA)

 

1987                SUMMER HONORS INTERN, U.S. DEPARTMENT OF JUSTICE, CIVIL DIVISION, APPELLATE STAFF

 

                                                                      Education

 

1991-92           UNIVERSITY OF CHICAGO DIVINITY SCHOOL (M.A., 1992)

                                    * Concentration in social ethics and American religion

                                    * Entering Fellowship (full tuition, merit-based)

 

1984-87           UNIVERSITY OF CHICAGO LAW SCHOOL (J.D., CUM LAUDE, 1987)

                                    * Executive editor, University of Chicago Law Review, volume 54

                                    * Bustin Prize, 1987 (best student journal note)

                                    * Beale Prize, 1985 (best work in first-year writing course)

 

1982-84           LINCOLN, OXFORD UNIVERSITY (RHODES SCHOLAR; M.A., 1992; B.A., FIRST-CLASS HONORS, 1984)

                                    * Degree in philosophy and politics

 

1978-82           NORTHWESTERN UNIVERSITY (B.S., JOURNALISM, WITH HIGHEST DISTINCTION, 1978)