Ira C. Lupu

George Washington University Law School

F. Elwood and Eleanor Davis Professor of Law

2000 H Street, N.W.

Washington, DC 20052

United States

  • George Washington University Law School

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    • Tel: 202-994-7053
SCHOLARLY PAPERS

26

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Scholarly Papers (26)

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1.

Hobby Lobby and the Dubious Enterprise of Religious Exemptions

38 Harvard Journal of Law & Gender 35 , GWU Law School Public Law Research Paper No. 2014-32, GWU Legal Studies Research Paper No. 2014-32
Number of pages: 69 Posted: 21 Jul 2014 Last Revised: 03 Feb 2015
Ira C. Lupu
George Washington University Law School
Downloads 863 (43,448)

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religious freedom, free exercise of religion, contraceptive mandate, LGBT discrimination

2.

The Faith-Based Initiative and the Constitution

DePaul Law Review, Vol. 55, No. 1
Number of pages: 119 Posted: 23 May 2005
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 655 (62,778)

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Religion clauses, first amendment, faith-based initiative

3.

Sexual Misconduct and Ecclesiastical Immunity

Number of pages: 126 Posted: 29 Feb 2004
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 559 (76,727)

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clergy misconduct, first amendment, tort liability

4.

The Radical Uncertainty of Free Exercise Principles: A Comment on Fulton v. City of Philadelphia

Forthcoming, American Constitution Society, Supreme Court Review (5 th ed., 2020- 21), GWU Legal Studies Research Paper No. 2021-27, GWU Law School Public Law Research Paper No. 2021-27
Number of pages: 35 Posted: 20 Jul 2021 Last Revised: 18 Aug 2021
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 406 (112,668)

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Free Exercise of Religion; Religious Liberty; First Amendment; Fulton v. City of Philadelphia; Employment Division v. Smith

5.

Instruments of Accommodation: The Military Chaplaincy and the Constitution

West Virginia Law Review, Vol. 110, 2007, GWU Legal Studies Research Paper No. 284, GWU Law School Public Law Research Paper No. 284
Number of pages: 107 Posted: 25 Jun 2007
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 367 (126,357)

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military, chaplain, constitutional law, Establishment Clause, First Amendment

6.

Federalism and Faith

Emory Law Journal, Randolph W. Thrower Symposium, Interactive Federalism: Filling the Gaps, Vol. 56, No. 1, 2006, GWU Law School Public Law Research Paper No. 206
Number of pages: 151 Posted: 04 May 2006
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 356 (130,652)

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Federalism, Free Exercise Clause, Establishment Clause, Religion, Faith

7.

Zelman's Future: Vouchers, Sectarian Providers, and the Next Round of Constitutional Battles

Number of pages: 99 Posted: 20 Nov 2002
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 351 (132,736)
Citation 1

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8.

Moving Targets: Obergefell, Hobby Lobby, and the Future of LGBT Rights

7 Ala. Civ. Rts. & Civ. Lib. L. Rev. 1 (2015). , GWU Law School Public Law Research Paper No. 2015-15, GWU Legal Studies Research Paper No. 2015-15
Number of pages: 71 Posted: 05 May 2015 Last Revised: 06 Jun 2021
Ira C. Lupu
George Washington University Law School
Downloads 349 (133,621)
Citation 2

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religious freedom, LGBT rights, Hobby Lobby, marriage equality, religious nonprofit organizations

9.

Same-Sex Family Equality and Religious Freedom

Northwestern Journal of Law and Social Policy, Forthcoming, GWU Legal Studies Research Paper No. 478, GWU Law School Public Law Research Paper No. 478
Number of pages: 59 Posted: 21 Oct 2009
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 333 (140,498)

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K1, K19, K39

10.

Trinity Lutheran Church v. Comer: Paradigm Lost?

Forthcoming, American Constitution Society for Law & Policy Supreme Court Review, October Term 2017 , GWU Law School Public Law Research Paper No. 2017-59, GWU Legal Studies Research Paper No. 2017-59
Number of pages: 20 Posted: 03 Aug 2017 Last Revised: 18 Aug 2017
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 314 (149,452)

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Establishment of Religion; Free Exercise of Religion; Separation of Church and State; Federalism

11.

Sites of Redemption: A Wide-Angle Look at Government Vouchers and Sectarian Service Providers

Number of pages: 65 Posted: 22 Apr 2002
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 275 (171,692)
Citation 1

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12.

Historic Preservation Grants to Houses of Worship: A Case Study in the Survival of Separationism

Number of pages: 47 Posted: 18 May 2002
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 241 (195,557)
Citation 1

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13.

The Distinctive Place of Religious Entities in Our Constitutional Order

Number of pages: 87 Posted: 28 May 2001
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 233 (202,050)
Citation 3

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14.

Religious Exemptions and the Limited Relevance of Corporate Identity

The Rise of Corporate Religious Liberty (Zoe Robinson, Chad Flanders, and Micah Schwartzman, eds.), Oxford University Press, 2015, Forthcoming, GWU Law School Public Law Research Paper No. 2014-56, GWU Legal Studies Research Paper No. 2014-56
Number of pages: 41 Posted: 10 Dec 2014 Last Revised: 03 Mar 2015
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 211 (222,027)

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Hobby Lobby, Ministerial exception, RFRA, Religious liberty, Religious corporation

15.

The Forms and Limits of Religious Accommodation: The Case of RLUIPA

Cardozo Law Review, Vol. 32, GWU Legal Studies Research Paper No. 520, GWU Law School Public Law Research Paper No. 520
Number of pages: 45 Posted: 09 Jan 2011
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 210 (223,058)

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16.

#Metoo Meets the Ministerial Exception: Sexual Harassment Claims by Clergy and the First Amendment's Religion Clauses

Forthcoming 2019, William & Mary Journal of Race, Gender, & Social Justice (formerly Journal of Women and the Law)., GWU Law School Public Law Research Paper No. 2018-13, GWU Legal Studies Research Paper No. 2018-13
Number of pages: 62 Posted: 30 Mar 2018 Last Revised: 04 Dec 2018
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 195 (238,377)

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sexual harassment; employment discrimination; Title VII; establishment of religion; free exercise of religion; separation of church and state

17.

Ball on a Needle: Hein V. Freedom from Religion Foundation and the Future of Establishment Clause Adjudication

Brigham Young University Law Review, Forthcoming, GWU Legal Studies Research Paper No. 361, GWU Law School Public Law Research Paper No. 361
Number of pages: 64 Posted: 19 Oct 2007 Last Revised: 13 Nov 2007
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 182 (253,351)
Citation 1

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standing, Article III, establishment clause, taxpayers

18.

The Mystery of Unanimity in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC

20 Lewis & Clark L. Rev. 1265 (2017), in Symposium, Law and Religion in an Increasingly Polarized America, GWU Law School Public Law Research Paper No. 2017-3, GWU Legal Studies Research Paper No. 2017-3
Number of pages: 52 Posted: 01 Sep 2016 Last Revised: 08 Feb 2017
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 174 (263,378)

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establishment of religion; religious liberty; employment discrimination; ministerial exception; ecclesiastical questions

19.

Courts, Clergy, and Congregations: Disputes between Religious Institutions and Their Leaders

Georgetown Journal of Law & Public Policy, 2009, GWU Legal Studies Research Paper No. 444
Number of pages: 81 Posted: 21 Sep 2008
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 153 (293,543)

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"adjudicative disability", clergy, civil rights, religious institutions, free exercise of religion, First Amendment's Religion Clauses

20.

The Cross at College: Accommodation and Acknowledgment of Religion at Public Universities

William & Mary Bill of Rights, Vol. 16, 2008, GWU Legal Studies Research Paper No. 394, GWU Law School Public Law Research Paper No. 394
Number of pages: 99 Posted: 06 Feb 2008
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 153 (293,543)
Citation 1

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religion, university, Establishment Clause, constitution, First Amendment

21.

The Case Against Legislative Codification of Religious Liberty

Number of pages: 31 Posted: 14 Sep 1999
Ira C. Lupu
George Washington University Law School
Downloads 138 (318,805)
Citation 3

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22.

Government Messages and Government Money: Santa Fe, Mitchell V. Helms, and the Arc of the Establishment Clause

Number of pages: 62 Posted: 19 Sep 2000
Ira C. Lupu
George Washington University Law School
Downloads 136 (322,463)
Citation 2

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23.

The Remains of the Establishment Clause

74 Hastings L.J. (Forthcoming), GWU Legal Studies Research Paper No. 2023-05, GWU Law School Public Law Research Paper No. 2023-05
Number of pages: 61 Posted: 01 Feb 2023 Last Revised: 17 Mar 2023
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 106 (388,879)

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establishment of religion; free exercise of religion; religious liberty; First Amendment.

24.

Teaching United States v. O’Brien: Three Conversations and The Wisdom of John Hart Ely

Green Bag, Vol. 16, Spring 2013, GWU Legal Studies Research Paper No. 2013-3, GWU Law School Public Law Research Paper No. 2013-3
Number of pages: 21 Posted: 20 Feb 2013
Ira C. Lupu
George Washington University Law School
Downloads 93 (421,492)

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25.

Constitutional Change and Responsibilities of Governance Pertaining to the Faith-Based and Community Initiative

Conference on Innovations in Effective Compassion, June 2008, GWU Legal Studies Research Paper No. 443, GWU Law School Public Law Research Paper No. 443
Number of pages: 21 Posted: 21 Sep 2008
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 92 (424,428)

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faith-based and community initiative, FBCI, constitutional law, religious providers, federal regulation

26.

Threading between the Religion Clauses

Number of pages: 14 Posted: 18 Jan 2001
Ira C. Lupu
George Washington University Law School
Downloads 81 (458,501)

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Other Papers (1)

Total Downloads: 255
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1.

The Limits of Equal Liberty as a Theory of Religious Freedom

Texas Law Review, April 2007, GWU Legal Studies Research Paper No. 235, GWU Law School Public Law Research Paper No. 235
Number of pages: 37 Posted: 21 Dec 2006
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 255

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religion, religion clauses, establishment clause, religious freedom