Robert W. Tuttle

George Washington University Law School

Professor of Law, Kirschner Berz Research Professor of Law & Religion

2000 H Street, N.W.

Washington, DC 20052

United States

  • George Washington University Law School

SCHOLARLY PAPERS

26

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14

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5

Scholarly Papers (26)

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1.

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 678 (75,146)
Citation 1

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Religion clauses, first amendment, faith-based initiative

2.

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 573 (92,851)

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clergy misconduct, first amendment, tort liability

3.

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

American Constitution Society, Supreme Court Review 2020-2021, pp. 221-256, 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: 03 Aug 2023
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 495 (111,325)

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

4.

The Remains of the Establishment Clause

74 Hastings L.J. 1763 (2023)., GWU Legal Studies Research Paper No. 2023-05, GWU Law School Public Law Research Paper No. 2023-05
Number of pages: 51 Posted: 01 Feb 2023 Last Revised: 05 Sep 2023
Ira C. Lupu and Robert W. Tuttle
George Washington University Law School and George Washington University Law School
Downloads 395 (144,930)
Citation 1

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

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 387 (148,301)

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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 366 (157,825)

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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 359 (161,178)
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8.

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 341 (170,350)

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K1, K19, K39

9.

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 333 (174,818)

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

10.

Biblical Literalism and Constitutional Originalism

GWU Legal Studies Research Paper No. 502
Number of pages: 72 Posted: 03 Mar 2010 Last Revised: 28 May 2011
Peter J. Smith and Robert W. Tuttle
George Washington University - Law School and George Washington University Law School
Downloads 330 (176,481)
Citation 2

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Constitutional Interpretation, Originalism, Literalism, Law and Religion

11.

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 288 (203,766)
Citation 1

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12.

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 283 (207,457)
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 245 (239,584)
Citation 4

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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 227 (258,010)

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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 222 (263,456)

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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 208 (279,937)

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

17.

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 198 (292,792)

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

18.

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 194 (298,363)
Citation 1

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standing, Article III, establishment clause, taxpayers

19.

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 186 (309,826)

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

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 162 (349,878)
Citation 1

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religion, university, Establishment Clause, constitution, First Amendment

21.

Establishment Clause Mythology

GWU Legal Studies Research Paper No. 2023-55, GWU Law School Public Law Research Paper No. 2023-55
Number of pages: 76 Posted: 28 Sep 2023 Last Revised: 30 Sep 2023
Peter J. Smith and Robert W. Tuttle
George Washington University - Law School and George Washington University Law School
Downloads 132 (412,528)

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Establishment Clause, Law and Religion, Constitutional Law, Church and State

22.

Civil Procedure and the Ministerial Exception

86 FORDHAM L. REV. 1848 (2018), GWU Law School Public Law Research Paper No. 2017-19, GWU Legal Studies Research Paper No. 2017-19
Number of pages: 41 Posted: 30 Mar 2017 Last Revised: 16 Mar 2018
Peter J. Smith and Robert W. Tuttle
George Washington University - Law School and George Washington University Law School
Downloads 121 (440,914)

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Establishment Clause, Constitutional Law, Hosanna-Tabor v. EEOC, Ministerial Exception, Religious Freedom, First Amendment, Civil Procedure, Subject Matter Jurisdiction, Affirmative Defenses

23.

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 108 (479,724)
Citation 1

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

24.

Foster Care and the Growing Tension Between the Religion Clauses: A Comment on Rogers v. HHS

60 Family Court Review ___ (forthcoming 2022), GWU Legal Studies Research Paper No. 2021-44, GWU Law School Public Law Research Paper No. 2021-44
Number of pages: 15 Posted: 22 Oct 2021 Last Revised: 26 Oct 2021
Robert W. Tuttle
George Washington University Law School
Downloads 59 (683,485)

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adoption, foster care, Establishment Clause, Free Exercise of Religion, accommodation, Foster v. City of Philadelphia, Rogers v. United States HHS

25.

Gordon College and the Future of the Ministerial Exception

GWU Legal Studies Research Paper No. 38, 2022, GWU Law School Public Law Research Paper No. 38, 2022, 47 Journal of College & University Law 1 (forthcoming)
Number of pages: 47 Posted: 22 Aug 2022
Peter J. Smith and Robert W. Tuttle
George Washington University - Law School and George Washington University Law School
Downloads 40 (804,548)
Citation 1

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Ministerial exception, Establishment Clause, Free Exercise Clause, Religion Clauses, First Amendment, Constitutional Law, Church and state

26.

God and State Preambles

100 Marquette L. Rev. 757 (2017), GWU Law School Public Law Research Paper No. 2018-27, GWU Legal Studies Research Paper No. 2018-27
Number of pages: 79 Posted: 15 Mar 2018 Last Revised: 10 May 2018
Peter J. Smith and Robert W. Tuttle
George Washington University - Law School and George Washington University Law School
Downloads 39 (811,894)

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Other Papers (1)

Total Downloads: 271
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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 271

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religion, religion clauses, establishment clause, religious freedom