Article III as a Constitutional Compromise:
Modern Textualism and State Sovereign Immunity
84 Notre Dame Law Review 1135 (2009)
Legislative compromise pervaded the whole constitutional design, whether it took the form of precisely worded provisions that enact particular policies or imprecisely worded provisions that invoke abstract political principles. The ratification of Article III contained just such a compromise over abstract principles of state sovereign immunity.

Nondelegation and the Unitary Executive
12 University of Pennsylvania Journal of Constitutional Law 251 (2010) (with Douglas H. Ginsburg)
Americans have always mistrusted executive power, but only recently has "the unitary executive" emerged as the bogeyman of American politics. Yet the unitary executive has fallen into ill repute and apparent obsolescence not because of an executive bent upon autocracy but because of a legislature freed from the constraints of the separation of powers.

Toward a 'More Enlightened and Tolerant View': 
Educational Choice and the Regulation of Religious Institutions
66 NYU Annual Survey of American Law 31 (2010)
When religious schools participate in publicly funded school choice programs, states may want to impose regulations that promote majoritarian norms. Yet such regulation may compromise the institutions' religious missions and therefore raises constitutional concerns.

Ethnonationalism and Liberal Democracy
32 University of Pennsylvania Journal of International Law 57 (2010)
Ethnonationalism remains a common and accepted feature of liberal democracy that is consistent with current state practice and international law. Far from being unique, the experience of Israel exemplifies the character of liberal democracy by highlighting its dependence on particularistic nation-states.

Cain as His Brother's Keeper:
Property Rights and Christian Ethics in Locke's Two Treatises of Government
42 Seton Hall Law Review (forthcoming 2012)
Scholars who regard Locke's theory of property as a reflection of conventional Christian views pay insufficient attention to the deliberate rhetorical method of his Two Treatises of Government. Close attention to the text reveals profound criticisms of prevailing Christian doctrine and Locke's intention to replace it with an ethic of human industry and autonomy.