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The Ethics of Reasoning from Conjecture
An important objection to political liberalism is that it provides no means by which to decide conflicts between public and non-public reasons. This article develops John Rawls’s idea of "reasoningExpand
The Relevance of Locke’s Religious Arguments for Toleration
John Locke’s theory of toleration has been criticized as having little relevance for politics today because it rests on controversial theological foundations. Although there have been some recentExpand
Judicial Sincerity
The idea that judges have a duty to be sincere or candid in their legal opinions has been subject to systematic criticism in recent years. Critics have argued that a strong presumption in favor ofExpand
Some Realism about Corporate Rights
Can we meaningfully speak of a church’s right to conscience or a corporation’s right to religious liberty? One way to approach this question is by inquiring into the nature of churches andExpand
The Sincerity of Public Reason
An important objection to the idea of public reason is that it permits and perhaps encourages citizens and public officials to give insincere justifications for their political decisions. AgainstExpand
The Completeness of Public Reason
A common objection to the idea of public reason is that it cannot resolve fundamental political issues because it excludes too many moral considerations from the political domain. Following anExpand
What If Religion Is Not Special
This Article argues that leading accounts of the First Amendment’s Religion Clauses fail to provide a coherent and morally attractive position on whether religion warrants special treatment asExpand
The Rise of Corporate Religious Liberty
This Introduction to our edited book, The Rise of Corporate Religious Liberty (Oxford University Press, 2016), offers an account of the “corporate turn” in law and religion. Here the term “corporate”Expand
The Costs of Conscience
When the government enacts laws or regulations that accommodate religious believers, it may not impose significant costs on identifiable third parties. This is sometimes called the third-party harmExpand
Establishment Clause Inversion in the Bladensburg Cross Case
In American Legion v. American Humanist Association, decided at the end of the Supreme Court’s 2018-2019 Term, the Court rejected an Establishment Clause challenge to a 40-foot tall Latin cross,Expand