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Esbeck, Carl H.
Books
| The Freedom of Faith-Based Organizations to Staff On a Religious Basis with Stanley W. Carlson-Thies & Ronald J. Sider, (Center For Public Justice 2004). |
| | PDF | Catalog | Center for Public Justice | |
| The Regulation Of Religious Organizations as Recipients of Governmental Financial Assistance, (Center for Public Justice 1996). |
| | Catalog | |
| A Guide To Charitable Choice: The Rules of Section 104 of the 1996 Federal Welfare Law Governing State Cooperation With Faith-Based Social-Service Providers, (Center for Public Justice and the Christian Legal Society 1997). |
| | Catalog | |
Book Chapters/Collected Works
| Appendix: Charitable Choice and the Critics, in RELIGIOUS ORGANIZATIONS IN THE UNITED STATES, A STUDY OF IDENTITY, LIBERTY, AND THE LAW, (ed. James A. Serritella, Carolina Academic Press, 2006). |
| | Catalog | Online Brochure | |
| Regulation of Religious Organizations Via Governmental Financial Assistance, in RELIGIOUS ORGANIZATIONS IN THE UNITED STATES, A STUDY OF IDENTITY, LIBERTY, AND THE LAW, (ed. James A. Serritella, Carolina Academic Press, 2006). |
| | Catalog | Online Brochure | |
| The American System of Church-State Relations (And Its Bearing on Church Autonomy), in CHURCH AUTONOMY: A COMPARITIVE SURVEY (ed. Gerhard Robbers, Peter Lang, 2001). |
| | Catalog | |
| The Neutral Treatment of Religion and Faith-Based Social Service Providers: Charitable Choice and Its Critics, in WELFARE REFORM AND FAITH-BASED ORGANIZATIONS (eds. Derek Davis and Barry Hankins, J.M. Dawson Insstitute of Church-State Studies, Baylor University, 1999). |
| | Catalog | |
| Equal Treatment: Its Constitutional Status, in EQUAL TREATMENT OF RELIGION IN A PLURALISTIC SOCIETY (eds. Stephen V. Monsma and J. Christopher Soper, Eerdmans Pub. Co. 1998). |
| | Catalog | |
| American Religion and Politics: Do We Really Have a Shared Vision?, in THE ROLE OF RELIGION IN SOCIETY 30, (American Jewish Committee 1998). |
| First Amendment Considerations and Remarks on Proceedings, in THE ROLE OF RELIGION IN POLITICS AND SOCIETY 115-130, (eds. Harold Heie, A. James Rudin, and Marvin R. Wilson, Center For Christian Studies at Gordon College and Interreligious Affairs Department of the American Jewish Committee 1998). |
| | Catalog | |
| A Typology of Church-State Relations in Current American Thought, in RELIGION, PUBLIC LIFE, AND THE AMERICAN POLITY, (ed. Luis E. Lugo, U. of Tenn. Press, 1994). |
| | Catalog | |
| Ecclesiastical Disciplinary Law and The Law of Church Employees., EVANGELISCHES KIRCHENLEXIKON (ed. Erwin Fahlbusch, Vanderhoeck & Ruprecht, 1990). |
| The Establishment Clause as a Limit on Governmental Regulation of Religious Schools, in PUBLIC VALUES, PRIVATE SCHOOLS (ed. N. Devins, Stanford University series of Falmar Press 1989). |
| | Catalog | |
| The Establishment Clause: Assuring the Independence of Churches and a Neutral State, in GOVERNMENT INTERVENTION IN RELIGIOUS AFFAIRS (ed. D. Kelley, Pilgrim Press, 1986). |
| | Catalog | |
Academic Journals
| Protestant Dissent and the Virginia Disestablishment, 1776-1786, 7 GEORGETOWN JOURNAL OF LAW & PUBLIC POLICY 51 (2009). |
| | SSRN | |
| What the Hein Decision Can Tell Us About the Roberts Court and the Establishment Clause, 78 MISSISSIPPI LAW JOURNAL 199 (2008). |
| | SSRN | Westlaw | Keycite ® | |
| The 60th Anniversary of the Everson Decision and America's Church-State Proposition, 23 JOURNAL OF LAW AND RELIGION 15 (2007-2008). |
| | SSRN | Westlaw | Keycite ® | HeinOnline | |
| Governance and the Religion Question: Voluntaryism, Disestablishment, and America's Church-State Proposition, 48 JOURNAL OF CHURCH AND STATE 303 (2006). |
| | HeinOnline | Catalog | Online Brochure | |
| Statement Before the United States House of Representatives Concerning Charitable Choice and the Community Solutions Act (symposium on Poverty and the Law), 16 NOTRE DAME JOURNAL OF LAW ETHICS & PUBLIC POLICY 568 (2002). |
| | Westlaw | Keycite ® | LexisNexis | Shepard's ® | HeinOnline | |
| Religion and the First Amendment: Some Causes of the Recent Confusion (Institute of Bill of Rights Law Symposium: Religion in the Public Square), 42 WILLIAM AND MARY LAW REVIEW 883 (2001). |
| | Westlaw | Keycite ® | LexisNexis | Shepard's ® | HeinOnline | |
| Differentiating the Free Exercise and Establishment Clauses, 42 JOURNAL OF CHURCH AND STATE 311 (2000). |
| | HeinOnline | |
| 1993 Survey of Trends and Developments on Religious Liberty in the Courts, 10 JOURNAL OF LAW & RELIGION 543 (1993/1994). |
| | Westlaw | Keycite ® | HeinOnline | JSTOR | |
| Table of United States Supreme Court Decisions Relating to Religious Liberty 1789-1994, 10 JOURNAL OF LAW & RELIGION 573 (1993/1994). |
| | Westlaw | Keycite ® | HeinOnline | JSTOR | |
| Government Regulation of Religiously Based Social Services: The First Amendment Considerations, 19 HASTINGS CONSTITUTIONAL LAW QUARTERLY 343 (1992). |
| | Westlaw | Keycite ® | HeinOnline | |
| The Lemon Test: Should It Be Retained, Reformulated or Rejected?, 4 NOTRE DAME JOURNAL OF LAW ETHICS & PUBLIC POLICY 513 (1990). |
| | HeinOnline | |
| A Topology of Church-State Relations in Current American Thought, 8 JOURNAL OF FAITH AND MISSION 3 (1990). |
| Book Review: First Freedom: Religion and the Bill of Rights (James Wood ed., 1990), 8 JOURNAL OF LAW & RELIGION 651 (1990). |
| | HeinOnline | JSTOR | |
| 1987 Survey of Trends and Developments on Religious Liberty in the Courts, 6 JOURNAL OF LAW AND RELIGION 145 (1988). |
| | HeinOnline | JSTOR | |
| Five Views of Church-State Relations in Contemporary American Thought, 1986 BYU LAW REVIEW 371. |
| | HeinOnline | |
| 1986 Survey of Trends and Developments in Religious Liberty in the Courts, 4 JOURNAL OF LAW AND RELIGION 431 (1986). |
| | HeinOnline | JSTOR | |
| 1985 Survey of Trends and Developments on Religious Liberty in the Courts, 4 JOURNAL OF LAW AND RELIGION 211 (1986). |
| | HeinOnline | JSTOR | |
| Tort Claims against Churches and Ecclesiastical Officers: The First Amendment Considerations, 89 WEST VIRGINIA LAW REVIEW 1 (1986). |
| | HeinOnline | |
| Use of Government Funding and Taxing Power to Regulate Schools (with Kline Capps), 14 JOURNAL OF LAW AND EDUCATION 553 (1985). |
| | HeinOnline | |
| Toward a General Theory of Church-State Relations and the First Amendment, 4 PUBLIC L. FORUM 325 (1985). |
| | HeinOnline | |
| Book Review: The Naked Public Square: Religion and Democracy in America (R. J. Neuhaus), 50 MISSOURI LAW REVIEW 201 (1985). |
| | HeinOnline | |
| Establishment Clause Limits on Governmental Interference with Religious Organizations, 41 WASHINGTON AND LEE UNIVERSITY LAW REVIEW 347 (1984). |
| | HeinOnline | |
| Religion and a Neutral State: Imperative or Impossibility?, 15 CUMBERLAND LAW REVIEW 67 (1984). |
| | HeinOnline | |
| State Regulation of Social Services Ministries of Religious Organizations, 16 VALPARAISO LAW REVIEW 1 (1981). |
| | HeinOnline | |
Professional Journals
| Why the Supreme Court Has Fashioned Rules of Standing Unique to the Establishment Clause, 10 ENGAGE 83 (2009). |
| The Application of RFRA to Override Employment Nondiscrimination Clauses Embedded in Federal Social Services Programs, 9 ENGAGE 140 (2008). |
| | SSRN | |
| Concepts of Church Autonomy in the First Amendment, 13 JURIS DOCTOR 72 (1990). |
| A Topology of Church-State Relations in American Thought, 15 RELIGION AND PUBLIC EDUCATION 43 (Winter 1988) (reprint). |
| A Primer on Religious Liberty and the First Amendment, 3 CLS QUARTERLY 1A (1982). |
Additional Publications
| Avoiding Misguided Metaphors: Do the Free Exercise and Establishment Clauses Clash?, 102 LIBERTY MAGAZINE 2 (May/June 2007). |
| | Online | |
| Church-State Relations in America: What's At Stake and What's Not?, 100 LIBERTY MAGAZINE 3 (May/June 2005). |
| | online | |
| On Rights and Restraints, 94 LIBERTY MAGAZINE 22-29 (March/April 1999). |
| | online | |
| Pluralism Without a Center? The Emergence of Many Cultures in American Society and Why It's Good, 90 LIBERTY MAGAZINE 20 (May/June 1995). |
| The Bicentennial of the U.S. Bill of Rights, 32 DECISION MAGAZINE 16 (January 1991). |
| A Case for Disestablishment of the Church of England, 45 REPORT FROM THE CAPITAL 6 (March 1990). |
| Concepts of Church Autonomy in the First Amendment, PROCEEDINGS OF THE ABA NATIONAL INSTITUTE ON TORT AND RELIGION (May 1989). |
| Religious Beliefs, Human Rights and the Moral Foundation of Western Democracy, 1986 PAINE LECTURES IN RELIGION (C. Esbeck ed., 1986). |
| Current Practice Under 42 U.S.C. Sections 1981 and 1982, (w/ M. Shipley), 12 BARRISTER MAGAZINE 31 (ABA Spring 1985) . |
| Current Practice Under 42 U.S.C. Sections 1985 and 1986, (w/ L. Schumaker), 11 BARRISTER MAGAZINE 34 (ABA Fall 1984). |
| Current Practice Under 42 U.S.C. Section 1983, 10 BARRISTER MAGAZINE 31 (ABA Fall 1983). |
| The Limits on Law in Directing Moral Choice, 34 ETERNITY MAGAZINE 64 (September 1983), reprinted in 4 CLS QUARTERLY 26 (Fall 1983). |
| Back to Basics: God, Caesar and the American Experience, 36 CHURCH & STATE MAGAZINE 20 (April 1983). |
