Faculty Scholarship

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click to view scholarship for this faculty Smith, Steven D.

Books

  • The Rise and Decline of American Religious Freedom (Harvard University Press, 2014)
  • The Disenchantment of Secular Discourse (Harvard University Press, 2010)
  • Law's Quandary (Harvard University Press, 2004)
  • Getting Over Equality: A Critical Diagnosis of Religious Freedom in America (New York University Press, 2001)
  • The Constitution and the Pride of Reason (Oxford University Press, 1998)
  • Against the Law (with Campos, and Schlag) (Duke University Press, 1996)
  • Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom (Oxford University Press, 1995)

Chapters of Books or Articles within Books

  • “Die and Let Live? The Asymmetry of Accommodation” in Religious Freedom and Gay Rights (Oxford University Press, 2016)
  • “The Jurisdictional Conception of Church Autonomy” in Corporate Religious Liberty (Micah Schwartzman et al., ed.) (2016)
  • “Judicial Activism and "Reason"” in Judicial Activism: Perspectives on a Contested Theme (Luis Pereira Coutinho et al., ed.) (2015)
  • “Judicial Activism and 'Reason'” in Judicial Activism: Perspectives on a Contested Theme (Coutinho, ed.) (2015)
  • Freedom of Religion or Freedom of the Church?” in Legal Responses to Religious Practices in the United States (Sarat, ed.) (Cambridge University Press, 2014)
  • “The Precarious Freedom of the Church” in Conscience of the Institution (Alvare, ed.) (St. Augustine's Press, 2014)
  • “That Old-Time Originalism” in The Challenge of Originalism: Theories of Constitutional Interpretation (Huscroft, and Miller, eds.) (Cambridge University Press, 2013)
  • The Constitution and the Goods of Religion” in Dimensions of Goodness (Holse, ed.) (Cambridge Scholars Publishing, 2013)
  • The Establishment Clause and the 'Problem of the Church'” in Challenges to Religious Liberty in the Twenty-First Century (Bradley, ed.) (Cambridge University Press, 2012)
  • “What Does Constitutional Interpretation Interpret?” in Expounding the Constitution: Essays in Constitutional Theory (Huscroft, ed.) (Cambridge University Press, 2011)
  • “The Academy, the Courts, and the Culture of Rationalism” in That Eminent Tribunal: Judicial Supremacy and the Constitution (Wolfe, ed.) (Princeton University Press, 2009)
  • Toleration and Liberal Commitments” in NOMOS XLVIII: Toleration Its Limits p.243 (New York University Press, 2008)
  • “Religious Freedom in America: Three Stories” in Law and Religion: A Critical Anthology (Feldman, ed.) (New York University Press, 2000)
  • “The Jurisdictional Conception of Church Autonomy” in Corporate Religious Liberty (with Schwartzman) (forthcoming )
  • “The Jurisdictional Conception of Church Autonomy” in Corporate Religious Liberty (Micah Schwartzman et al., ed.) (forthcoming )

Journal Articles

Presentations and Conferences

  • " ?The Pagan City, the Christian City, and the Secular City?; ?Culture Wars as Pagan Counterrevolution?; and ?Coming Home? The Imminent Immanent City.?" as presenter at Charles E. Test Distinguished Lecture series for the Madison Program at Princeton (May 2017)

Contact:

Office of the Dean
Warren Hall, Room 201
Phone: (619) 260-4527