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Smith, Steven Douglas


 SSRN Author Rank: 1,774 by Downloads
 Warren Distinguished Professor of Law
 

University of San Diego School of Law


 5998 Alcala Park
 San Diego, CA 92110-2492
 United States
 619-260-7969 (Phone)
 619-260-2492 (Fax)
 email address

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. Smith, Steven Douglas's Scholarly Papers Click on the title of any column to sort the table by that column.
Aggregate Statistics
Total
Downloads
11,184
Total
Citations
17
Authors Date Downloads
 (Rank)
Citations
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1.  
The Hollowness of the Harm Principle | Show Abstract | Download |
U San Diego Legal Studies Research Paper No. 05-07
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
15 Sep 04
1,070
(10,536)
1

2.  
The Paralyzing Paradox of Religious Neutrality | Show Abstract | Download |
San Diego Legal Studies Paper No. 11-060
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
18 Aug 11
624
(23,437)
 

3.  
Recovering (From) Enlightenment? | Show Abstract | Download |
U San Diego Public Law Research Paper No.61
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
25 Sep 03
492
(32,368)
 

4.  
Jurisprudence: Beyond Extinction? | Show Abstract | Download |
San Diego Legal Studies Paper No. 07-108
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
25 Aug 07
465
(34,838)
 

5.  
How to Remove a Federal Judge | Show Abstract | Download |
Yale Law Journal, Vol. 116, 2006, San Diego Legal Studies Paper No. 07-41
Accepted Paper Series
Prakash, Saikrishna
University of Virginia School of Law
Smith, Steven Douglas
University of San Diego School of Law
Posted:
08 Apr 06
Last Revised:
16 Nov 11
446
(36,709)
5

6.  
Freedom of Religion or Freedom of the Church? | Show Abstract | Download |
San Diego Legal Studies Paper No. 11-061
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
18 Aug 11
419
(39,697)
1

7.  
Interrogating Thomas More: The Conundrums of Conscience | Show Abstract | Download |
U San Diego Public Law Research Paper No. 62
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
25 Sep 03
329
(53,271)
 

8.  
Smith, Steven Douglas
University of San Diego School of Law
Posted:
12 Nov 07
328
(53,499)
 

9.  
Smith, Steven Douglas
University of San Diego School of Law
Posted:
24 May 05
320
(55,085)
 

10.  
That Old-Time Originalism | Show Abstract | Download |
San Diego Legal Studies Paper No. 08-028
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
25 Jun 08
315
(56,174)
1

11.  
Smith, Steven Douglas
University of San Diego School of Law
Posted:
25 Jun 04
311
(56,999)
 

12.  
The Tenuous Case for Conscience | Show Abstract | Download |
U San Diego Legal Studies Research Paper No. 05-02
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
20 Sep 04
295
(60,521)
 

13.  
The Plight of the Secular Paradigm | Show Abstract | Download |
San Diego Legal Studies Paper No. 11-062
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
18 Aug 11
283
(63,414)
 

14.  
Hollow Men: Law and the Declension of Belief | Show Abstract | Download |
U San Diego Legal Studies Research Paper No. 06-03
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
24 Feb 05
283
(63,414)
 

15.  
Discourse in the Dusk: The Twilight of Religious Freedom | Show Abstract | Download |
Harvard Law Review, Vol. 122, p. 1869, 2009, San Diego Legal Studies Paper No. 09-016
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
08 Jul 09
268
(67,401)
1

16.  
Toleration and Liberal Commitments | Show Abstract | Download |
U San Diego Public Law Research Paper No. 04-04
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
25 Jun 04
265
(68,177)
 

17.  
Hart's Onion: The Peeling Away of Legal Authority | Show Abstract | Download |
Southern California Interdisciplinary Law Journal, Forthcoming, San Diego Legal Studies Paper No. 07-68
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
08 Oct 06
232
(78,517)
1

18.  
The Jurisprudence of Denigration | Show Abstract | Download |
UC Davis Law Review, Forthcoming, San Diego Legal Studies Paper No. 14-143
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
12 Mar 14
Last Revised:
14 Mar 14
229
(79,622)
 

19.  
Nonestablishment Under God? The Nonsectarian Principle | Show Abstract | Download |
U San Diego Public Law Research Paper No. 04-08
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
25 Jun 04
220
(82,987)
 

20.  
The (Always) Imminent Death of the Law | Show Abstract | Download |
San Diego Law Review, Vol. 43, 2006, San Diego Legal Studies Paper No. 07-58
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
13 Sep 06
219
(83,330)
 

21.  
The Heavenly City of the Twentieth-Century Philosophers | Show Abstract | Download |
San Diego Legal Studies Paper No. 07-45
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
04 May 06
184
(98,847)
 

22.  
The Establishment Clause and the 'Problem of the Church' | Show Abstract | Download |
San Diego Legal Studies Paper No. 09-024
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
13 Aug 09
182
(99,830)
 

23.  
Is God Irrelevant? | Show Abstract | Download |
Boston University Law Review, Forthcoming, San Diego Legal Studies Paper No. 14-142
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
28 Feb 14
178
(101,948)
 

24.  
Believing Persons, Personal Believings: The Neglected Center of the First Amendment | Show Abstract | Download |
University of Illinois Law Review, Forthcoming
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
20 Nov 02
169
(106,994)
1

25.  
Our Agnostic Constitution | Show Abstract | Download |
New York University Law Review, Vol. 83, 2008, San Diego Legal Studies Paper No. 07-104
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
23 Aug 07
168
(107,572)
1

26.  
Debate: The Contraception Mandate and Religious Freedom | Show Abstract | Download |
University of Pennsylvania Law Review Online, Vol. 161, No. 261, 2013, San Diego Legal Studies Paper No. 13-125
Accepted Paper Series
Corbin, Caroline Mala
University of Miami School of Law
Smith, Steven Douglas
University of San Diego School of Law
Posted:
16 Jun 13
161
(111,838)
 

27.  
How is America 'Divided by God'? | Show Abstract | Download |
Mississippi College Law Review, Vol. 27, San Diego Legal Studies Paper No. 07-111
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
29 Aug 07
161
(111,838)
 

28.  
Barnette's Big Blunder | Show Abstract | Download |
Chicago-Kent Law Review, Forthcoming
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
18 Jun 03
161
(111,838)
3

29.  
Legal Scholarship as Resistance to Science | Show Abstract | Download |
San Diego Law Review, Forthcoming
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
24 May 05
159
(113,093)
 

30.  
Separation as a Tradition | Show Abstract | Download |
Journal of Law and Politics, Forthcoming
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
13 Nov 02
145
(122,453)
 

31.  
The Jurisdictional Establishment Clause: A Reappraisal | Show Abstract | Download |
Notre Dame Law Review, Forthcoming, San Diego Legal Studies Paper No. 07-57
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
13 Sep 06
144
(123,247)
2

32.  
Taxes, Conscience, and the Constitution | Show Abstract | Download |
San Diego Legal Studies Paper No. 07-12
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
19 Oct 05
135
(130,062)
 

33.  
Why is Government Speech Problematic? The Unnecessary Problem, the Unnoticed Problem, and the Big Problem | Show Abstract | Download |
Denver University Law Review, Forthcoming, San Diego Legal Studies Paper No. 10-014
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
24 Mar 10
132
(132,435)
 

34.  
Originalism and the (Merely) Human Constitution | Show Abstract | Download |
Constitutional Commentary, Forthcoming, San Diego Legal Studies Paper No. 10-004
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
12 Jan 10
131
(133,293)
 

35.  
Smith, Steven Douglas
University of San Diego School of Law
Posted:
14 Oct 10
128
(135,808)
 

36.  
The Phases and Functions of Freedom of Conscience | Show Abstract | Download |
San Diego Legal Studies Paper No. 10-024
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
26 May 10
125
(138,346)
 

37.  
Science and the Person: A Complacent Reflection | Show Abstract | Download |
San Diego Legal Studies Paper No. 12-100
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
21 Nov 12
119
(143,629)
 

38.  
Die and Let Live? the Asymmetry of Accommodation | Show Abstract | Download |
San Diego Legal Studies Paper No. 14-162
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
22 Aug 14
116
(146,469)
 

39.  
Religious Symbols and Secular Government | Show Abstract | Download |
San Diego Legal Studies Paper No. 12-096
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
17 Sep 12
107
(155,376)
 

40.  
Religious Freedom and its Enemies, or Why the Smith Decision may be a Greater Loss Now than it was Then | Show Abstract | Download |
Cardozo Law Review, Forthcoming, San Diego Legal Studies Paper No. 10-037
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
13 Oct 10
107
(155,376)
 

41.  
The Iceberg of Religious Freedom: Subsurface Levels of Nonestablishment Discourse | Show Abstract | Download |
San Diego Legal Studies Research Paper No. 05-20
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
16 Nov 04
105
(157,525)
 

42.  
The Supreme Court as (Anti-)Magisterium | Show Abstract | Download |
San Diego Legal Studies Paper No. 07-25
Working Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
30 Nov 05
101
(161,847)
 

43.  
Smith, Steven Douglas
University of San Diego School of Law
Posted:
02 Apr 08
98
(165,238)
 

44.  
Persons Pursuing Goods | Show Abstract | Download |
Legal Theory, Forthcoming, San Diego Legal Studies Paper No. 07-112
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
31 Aug 07
81
(186,887)
 

45.  
Educating for Liberalism | Show Abstract | Download |
UC Davis Law Review, Forthcoming, San Diego Legal Studies Paper No. 08-057
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
17 Aug 08
77
(192,699)
 

46.  
Persons All the Way Up | Show Abstract | Download |
Villanova Law Review, Forthcoming, San Diego Legal Studies Paper No. 10-003
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
12 Jan 10
67
(208,525)
 

47.  
De-Moralized: Glucksberg in the Malaise | Show Abstract | Download |
Michigan Law Review, Forthcoming, San Diego Legal Studies Paper No. 07-109
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
31 Aug 07
67
(208,525)
2

48.  
Nonestablishment, Standing, and the Soft Constitution | Show Abstract | Download |
San Diego Legal Studies Paper No. 10-045
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
24 Nov 10
63
(215,405)
 

49.  
Equality, Religion, and Nihilism | Show Abstract | Download |
San Diego Legal Studies Paper No. 14-169
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
31 Oct 14
56
(228,577)
 

50.  
The Constitution and the Goods of Religion | Show Abstract | Download |
San Diego Legal Studies Paper No. 10-059
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
06 Jul 11
Last Revised:
17 Aug 11
45
(251,997)
 

51.  
Reply: (Mis)Understanding Good-Behavior Tenure | Show Abstract | Download |
Yale Law Journal, Vol. 116, No. 159, 2006
Accepted Paper Series
Prakash, Saikrishna
University of Virginia School of Law
Smith, Steven Douglas
University of San Diego School of Law
Posted:
23 Feb 10
40
(263,914)
 

52.  
West and East: the Continuity of Persons | Show Abstract | Download |
San Diego Legal Studies Paper No. 14-141
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
14 Feb 14
39
(266,408)
 

53.  
The 'Jurisdictional' Conception of Church Autonomy | Show Abstract | Download |
San Diego Legal Studies Paper No. 14-177
Accepted Paper Series
Smith, Steven Douglas
University of San Diego School of Law
Posted:
13 Dec 14
20
(330,505)
 


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