Andrew Koppelman

Northwestern University School of Law

John Paul Stevens Professor of Law and Political Science

375 E. Chicago Ave

Chicago, IL 60611

United States

  • Northwestern University School of Law

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    • Tel: 312-503-8431
SCHOLARLY PAPERS

99

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30

Scholarly Papers (99)

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1.

Judging the Case Against Same-Sex Marriage

University of Illinois Law Review, Forthcoming, Northwestern Public Law Research Paper No. 13-08
Number of pages: 37 Posted: 28 Apr 2013 Last Revised: 29 Apr 2014
Andrew Koppelman
Northwestern University School of Law
Downloads 2,022 (17,375)
Citation 1

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same-sex marriage, gay rights, Amy Wax, Robert George

2.

Why Jack Balkin is Disgusting

Constitutional Commentary, Vol. 27, p. 177, 2010, Northwestern Public Law Research Paper No. 09-23, Northwestern Law & Econ Research Paper No. 09-42
Number of pages: 12 Posted: 22 Nov 2009 Last Revised: 10 May 2011
Andrew Koppelman
Northwestern University School of Law
Downloads 1,639 (24,088)

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Balkin, Jack, Disgusting, constitutional, originalist, Fourteenth Amendment

3.

Gay Rights, Religious Accommodations, and the Purposes of Antidiscrimination Law

88 Southern California Law Review 619 (2015), Northwestern Public Law Research Paper No. 15-11, Northwestern Law & Econ Research Paper No. 15-06
Number of pages: 43 Posted: 28 Feb 2015 Last Revised: 04 Jul 2021
Andrew Koppelman
Northwestern University School of Law
Downloads 1,592 (25,232)
Citation 1

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Gay Rights, Religious Accommodations, Purposes of Antidiscrimination Law

4.

Why Discrimination Against Lesbians and Gay Men is Sex Discrimination

New York University Law Review, Vol. 69, No. 2, 1995, Northwestern Law & Econ Research Paper No. 13-12
Number of pages: 92 Posted: 11 Apr 2013
Andrew Koppelman
Northwestern University School of Law
Downloads 1,488 (27,906)
Citation 3

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Sexual Orientation, Discrimination, Sex Discrimination

5.

The Increasingly Dangerous Variants of the 'Most-Favored-Nation' Theory of Religious Liberty

Northwestern Public Law Research Paper No. 22-01
Number of pages: 62 Posted: 08 Mar 2022 Last Revised: 19 Jul 2023
Andrew Koppelman
Northwestern University School of Law
Downloads 1,276 (34,974)
Citation 2

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Constitutional Law, Originalism, First Amendment, Free Exercise, Douglas Laycock

6.

Forced Labor: A Thirteenth Amendment Defense of Abortion

84 Northwestern University Law Review 480 (1990), Northwestern Public Law Research Paper No. 15-46
Number of pages: 57 Posted: 06 Oct 2015
Andrew Koppelman
Northwestern University School of Law
Downloads 1,112 (42,820)
Citation 3

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Thirteenth Amendment, abortion

7.

Originalism, Abortion, and the Thirteenth Amendment

Columbia Law Review, Forthcoming, Northwestern Public Law Research Paper No. 12-32
Number of pages: 31 Posted: 10 Dec 2012
Andrew Koppelman
Northwestern University School of Law
Downloads 1,090 (44,058)

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Originalism, Abortion, Thirteenth Amendment

8.

Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform

Yale Law Journal Online, Vol. 121, No. 1, 2011, Northwestern Public Law Research Paper No. 11-25
Number of pages: 25 Posted: 14 Feb 2011 Last Revised: 10 May 2011
Andrew Koppelman
Northwestern University School of Law
Downloads 1,008 (49,172)

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Health Care Reform

9.

Does Obscenity Cause Moral Harm?

Columbia Law Review, Vol. 105, 2005, Northwestern Public Law Research Paper No. 05-02
Number of pages: 47 Posted: 11 Feb 2005 Last Revised: 19 Jul 2008
Andrew Koppelman
Northwestern University School of Law
Downloads 983 (50,962)

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10.

Is Pornography 'Speech'?

Northwestern Public Law Research Paper No. 07-08
Number of pages: 21 Posted: 29 Mar 2007 Last Revised: 08 May 2009
Andrew Koppelman
Northwestern University School of Law
Downloads 746 (74,078)

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Free Speech, Consitutional Law

11.

Amicus Brief in Obergefell v. Hodges

Northwestern Public Law Research Paper No. 15-12, George Mason Law & Economics Research Paper No. 15-10
Number of pages: 48 Posted: 14 Mar 2015 Last Revised: 21 Mar 2015
Andrew Koppelman and Ilya Somin
Northwestern University School of Law and George Mason University - Antonin Scalia Law School
Downloads 712 (78,671)

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same-sex marriage, sex discrimination, gay rights

12.

How Should I Praise Thee? Brian Leiter on Respect for Religion

47 San Diego Law Review 961 (2010), Northwestern Public Law Research Paper No. 10-07
Number of pages: 27 Posted: 01 Feb 2010 Last Revised: 22 Feb 2019
Andrew Koppelman
Northwestern University School of Law
Downloads 701 (80,257)

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Brian Leiter, religion, religious exemption, Establishment Clause, First Amendment

13.

Phony Originalism and the Establishment Clause

Northwestern University Law Review, Vol. 103, No. 2, p. 727, 2009, Northwestern Public Law Research Paper No. 09-15, Northwestern Law & Econ Research Paper No. 08-15
Number of pages: 25 Posted: 25 Apr 2008 Last Revised: 11 May 2011
Andrew Koppelman
Northwestern University School of Law
Downloads 680 (83,402)

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Religion, Establishment

14.

'It is Tash Whom He Serves': Deneen and Vermeule on Liberalism

98 Notre Dame L. Rev. 1525 (2023), Northwestern Public Law Research Paper No. 22-38
Number of pages: 35 Posted: 02 Dec 2022 Last Revised: 03 Jul 2023
Andrew Koppelman
Northwestern University School of Law
Downloads 642 (89,778)

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Patrick Deneen, Adrian Vermeule, liberalism, integralism

15.

'Necessary,' 'Proper,' and Health Care Reform

Nathaniel Persily, Gillian Metzger, and Trevor Morrison, eds., The Health Care Case: The Supreme Court's Decision and Its Implications, Oxford University Press, 2013 (Forthcoming), Northwestern Public Law Research Paper No. 12-29
Number of pages: 20 Posted: 19 Nov 2012 Last Revised: 10 Apr 2013
Andrew Koppelman
Northwestern University School of Law
Downloads 608 (96,212)

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Health Care Reform, Necessary and Proper Clause of Article 8

16.

Why Do (Some) Originalists Hate America?

Northwestern Law & Econ Research Paper No. 20-02, Northwestern Public Law Research Paper No. 20-04, 63 Arizona Law Review 1033 (2021)
Number of pages: 30 Posted: 30 Mar 2020 Last Revised: 29 Nov 2021
Andrew Koppelman
Northwestern University School of Law
Downloads 530 (114,438)
Citation 1

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Originalism, Constitutional Law, William Baude, Stephen Sachs, Corpus linguistics

17.

Signs of the Times: Dale V. Boy Scouts of America and the Changing Meaning of Nondiscrimination

Cardozo Law Review, Vol. 23, 2002, Northwestern Public Law Research Paper No. 02-02
Number of pages: 22 Posted: 16 Jan 2002 Last Revised: 10 May 2009
Andrew Koppelman
Northwestern University School of Law
Downloads 494 (124,623)
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18.

The Emerging First Amendment Right to Mistreat Students

Case Western Reserve Law Review, Vol. 73, No. 4, 2023, Northwestern Public Law Research Paper No. 22-31
Number of pages: 23 Posted: 27 Oct 2022 Last Revised: 06 Feb 2024
Andrew Koppelman
Northwestern University School of Law
Downloads 492 (125,265)

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Religious liberty, free speech, First Amendment, Supreme Court

19.

Revenge Pornography and First Amendment Exceptions

65 Emory Law Journal 661 (2016), Northwestern Law & Econ Research Paper No. 15-14, Northwestern Public Law Research Paper No. 15-44
Number of pages: 34 Posted: 14 Sep 2015 Last Revised: 23 Apr 2017
Andrew Koppelman
Northwestern University School of Law
Downloads 477 (129,923)
Citation 1

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revenge porn, free speech, feminism, first amendment

20.

Is Hobby Lobby Worse for Religious Liberty than Smith?

9 University of St. Thomas Journal of Law & Public Policy 223 (2015), Northwestern Public Law Research Paper No. 15-13, BYU Law Research Paper No. 15-03
Number of pages: 26 Posted: 15 Mar 2015 Last Revised: 27 Apr 2017
Andrew Koppelman and Frederick Mark Gedicks
Northwestern University School of Law and Brigham Young University - J. Reuben Clark Law School
Downloads 462 (135,172)
Citation 1

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Religious freedom, Religious Freedom Restoration Act, First Amendment

21.

If Liberals Knew Themselves Better, Conservatives Might Like Them Better

20 Lewis & Clark L. Rev. 1201 (2017), Northwestern Public Law Research Paper No. 17-03
Number of pages: 20 Posted: 06 Feb 2017
Andrew Koppelman
Northwestern University School of Law
Downloads 456 (137,278)

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Liberalism, Free Speech, Religious Liberty

22.

The Use and Abuse of Tradition: A comment on DeGirolami’s Traditionalism Rising

Journal of Contemporary Legal issues, 2024, Vol. 24, No. 1, p. 187., Northwestern Public Law Research Paper No. 23-11
Number of pages: 15 Posted: 13 Mar 2023 Last Revised: 13 Feb 2024
Andrew Koppelman
Northwestern University School of Law
Downloads 450 (139,530)

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religion, abortion, traditionalism, Marc DeGirolami

23.

Corruption of Religion and the Establishment Clause

William & Mary Law Review, Vol. 50, 2008, Northwestern Public Law Research Paper No. 08-32
Number of pages: 106 Posted: 19 Sep 2008 Last Revised: 10 May 2009
Andrew Koppelman
Northwestern University School of Law
Downloads 450 (139,530)

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Religion, Constitutional Law, Establishment Clause

24.

Justice Alito, Originalism, and the Aztecs

Northwestern Public Law Research Paper No. 22-02
Number of pages: 16 Posted: 09 Mar 2022 Last Revised: 22 Jul 2023
Andrew Koppelman
Northwestern University School of Law
Downloads 441 (142,797)

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Constitutional Law, Originalism, First Amendment, Free Exercise, Samuel Alito, Fulton v. Philadelphia

25.

Secular Purpose

Virginia Law Review, Vol. 88, 2002, Northwestern Public Law Research Paper No. 02-01
Number of pages: 81 Posted: 13 Jan 2002 Last Revised: 10 May 2009
Andrew Koppelman
Northwestern University School of Law
Downloads 425 (149,023)
Citation 1

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26.

Forced Labor, Revisited: The Thirteenth Amendment and Abortion

PROMISES OF LIBERTY: THIRTEENTH AMENDMENT ABOLITIONISM AND ITS CONTEMPORARY VITALITY, Alexander Tsesis, ed., Columbia University Press, 2010, Northwestern Public Law Research Paper No. 10-08
Number of pages: 17 Posted: 01 Feb 2010
Andrew Koppelman
Northwestern University School of Law
Downloads 418 (151,981)

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Thirteenth Amendment, Abortion

27.

'Freedom of the Church' and the Authority of the State

21 Journal of Contemporary Legal Issues 145 (2013), Northwestern Public Law Research Paper No. 13-35
Number of pages: 21 Posted: 09 Oct 2013 Last Revised: 04 Feb 2014
Andrew Koppelman
Northwestern University School of Law
Downloads 417 (152,396)

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Michael McConnell, Richard Garnett, Steven D. Smith, Michael Stokes Paulsen, religion, contraception, freedom of the church, First Amendment

28.

Gay Rights vs. Religious Liberty? The Unnecessary Conflict: Introduction

Excerpted from Koppelman, Andrew, Gay Rights vs. Religious Liberty? The Unnecessary Conflict, Oxford University Press, 2020 , Northwestern Public Law Research Paper No. 20-13
Number of pages: 14 Posted: 15 Jun 2020 Last Revised: 28 May 2021
Andrew Koppelman
Northwestern University School of Law
Downloads 389 (164,780)

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Gay rights, Religious Liberty, First Amendment, Constitutional Law

29.

How Could Religious Liberty Be a Human Right?

Int. J. Const. Law, Forthcoming, Northwestern Public Law Research Paper No. 17-15, Northwestern Law & Econ Research Paper No. 17-08
Number of pages: 46 Posted: 04 Jul 2017
Andrew Koppelman
Northwestern University School of Law
Downloads 384 (167,234)

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Religion, Human Rights, Religious Liberty

30.

DOMA, Romer, and Rationality

Drake Law Review,Vol. 58, p. 923, 2010, Northwestern Public Law Research Paper No. 10-29
Number of pages: 29 Posted: 01 Aug 2010 Last Revised: 10 May 2011
Andrew Koppelman
Northwestern University School of Law
Downloads 359 (180,257)

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Defense of Marriage Act, DOMA, discrimination, Romer, Rationality

31.

Bostock, LGBT Discrimination, and the Subtractive Moves

Minnesota Law Review Headnotes, Forthcoming, Northwestern Public Law Research Paper No. 20-16
Number of pages: 42 Posted: 26 Jun 2020 Last Revised: 25 May 2021
Andrew Koppelman
Northwestern University School of Law
Downloads 355 (182,508)
Citation 1

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Bostock v. Clayton County, Statutory Interpretation, Legislation, Title VII, LGBT Rights, Gay Rights, Discrimination

32.

Religious Liberty as a Judicial Autoimmune Disorder: The Supreme Court Repudiates its Own Authority in Kennedy v. Bremerton

Hastings Law Journal, Vol. 74, No. 6, 2023, Northwestern Public Law Research Paper No. 23-24
Number of pages: 13 Posted: 19 Apr 2023 Last Revised: 01 Sep 2023
Andrew Koppelman
Northwestern University School of Law
Downloads 344 (188,820)

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Religion, First Amendment, Discrimination, Courts, Kennedy v. Bremerton, Neil Gorsuch

33.

The Supreme Court’s Gay Rights-Religious Liberty Contortions

Northwestern Public Law Research Paper No. 24-05
Number of pages: 33 Posted: 23 Mar 2024
Andrew Koppelman
Northwestern University School of Law
Downloads 327 (199,462)

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religious liberty, gay rights, Boy Scouts of America v. Dale, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Fulton v. Philadelphia, 303 Creative v. Elenis, Scardina v. Masterpiece

34.

A Free Speech Response to the Gay Rights/Religious Liberty Conflict

110 Northwestern University Law Review 1125 (2016), Northwestern Public Law Research Paper No. 16-14
Number of pages: 45 Posted: 08 Jun 2016 Last Revised: 04 Jul 2021
Andrew Koppelman
Northwestern University School of Law
Downloads 327 (199,462)
Citation 1

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Gay rights, religious liberty, free speech, discrimination

35.

LGBT Discrimination and the Subtractive Moves

Northwestern Public Law Research Paper No. 19-19
Number of pages: 24 Posted: 23 Jul 2019 Last Revised: 06 Jun 2021
Andrew Koppelman
Northwestern University School of Law
Downloads 316 (206,952)
Citation 1

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Statutory interpretation, Legislation, Title VII, LGBT rights

36.

A Zombie in the Supreme Court: The Elane Photography Cert Denial

Northwestern Public Law Research Paper No. 14-27, 7 Alabama Civil Rights & Civil Liberties Law Review 77 (2016)
Number of pages: 21 Posted: 29 Jun 2014 Last Revised: 09 Jul 2016
Andrew Koppelman
Northwestern University School of Law
Downloads 312 (209,839)
Citation 2

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Gay Rights, Free Speech, Discrimination Law, Religion, First Amendment, Supreme Court

37.

And I Don't Care What It Is: Religious Neutrality in American Law

Pepperdine Law Review, Vol. 39, 2013, Northwestern Public Law Research Paper No. 13-04, Northwestern Law & Econ Research Paper No. 13-07
Number of pages: 26 Posted: 02 Mar 2013
Andrew Koppelman
Northwestern University School of Law
Downloads 312 (209,839)

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Religion, constitutional law, neutrality

38.

Did the Law Professors Blow it in the Health Care Case?

University of Illinois Law Review, Forthcoming, Northwestern Public Law Research Paper No. 14-02
Number of pages: 7 Posted: 30 Jan 2014
Andrew Koppelman
Northwestern University School of Law
Downloads 305 (215,037)

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Health care reform, NFIB v. Sebelius

39.

The Limits of Constructivism: Can Rawls Condemn Female Genital Mutilation?

Review of Politics, Vol. 71, p. 459, 2009, Northwestern Public Law Research Paper No. 09–15, Northwestern Law & Econ Research Paper No. 09–32
Number of pages: 25 Posted: 31 Jul 2009 Last Revised: 10 May 2011
Andrew Koppelman
Northwestern University School of Law
Downloads 304 (215,796)

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Constructivism, Rawls, Female, Genital, Mutilation

40.

Kathleen Brady, the Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence

Journal of Religion, Forthcoming, Northwestern Public Law Research Paper No. 16-19
Number of pages: 6 Posted: 19 Aug 2016
Andrew Koppelman
Northwestern University School of Law
Downloads 302 (217,347)

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Law and Religion, Constitutional Law, Kathleen Brady

41.

Unparadoxical Liberalism

San Diego Law Review, Forthcoming, Northwestern Public Law Research Paper No. 16-13
Number of pages: 17 Posted: 08 Jun 2016 Last Revised: 09 Jan 2019
Andrew Koppelman
Northwestern University School of Law
Downloads 299 (219,631)

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Liberalism, Toleration, Larry Alexander

42.

The Story of Welsh v. United States: Elliott Welsh's Two Religious Tests

Richard Garnett and Andrew Koppelman, eds., First Amendment Stories, Foundation Press (2011) , Northwestern Public Law Research Paper No. 12-34
Number of pages: 27 Posted: 14 Dec 2012
Andrew Koppelman
Northwestern University School of Law
Downloads 294 (223,647)
Citation 1

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Elliott Welsh, Religious Tests, United States, First Amendment

43.

The Ugly Rhetoric of Dobbs, or, Why Jack Balkin is History

33 William & Mary Bill of Rights Journal 351 (2024), Northwestern Public Law Research Paper No. 24-14
Number of pages: 24 Posted: 26 Jun 2024 Last Revised: 11 Mar 2025
Andrew Koppelman
Northwestern University School of Law
Downloads 286 (230,174)

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Constitutional Law, Constitutional History, Originalism, Rhetoric, Jack Balkin, Legal History, Theory and Process

44.

'Religion' as a Bundle of Legal Proxies: Reply to Micah Schwartzman

51 San Diego L. Rev. 1079 (2014), Northwestern Public Law Research Paper No. 15-04
Number of pages: 7 Posted: 22 Jan 2015
Andrew Koppelman
Northwestern University School of Law
Downloads 285 (231,014)

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Religion, First Amendment

45.

In Praise of Evil Thoughts

37 Social Philosophy & Policy 52 (2020), Northwestern Public Law Research Paper No. 21-17
Number of pages: 24 Posted: 17 Jun 2021
Andrew Koppelman
Northwestern University School of Law
Downloads 278 (237,044)

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First Amendment, Freedom of Speech, FreedomFirst Amendment, Freed of Thought, John Stuart Mill, John Milton

46.

Theorists, Get Over Yourselves: A Response to Steven D. Smith

41 Pepperdine Law Review 937 (2014), Northwestern Public Law Research Paper No. 15-05
Number of pages: 7 Posted: 11 Feb 2015
Andrew Koppelman
Northwestern University School of Law
Downloads 271 (243,347)

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First Amendment, Religious Freedom, Steven D. Smith

47.

Interstate Recognition of Same-Sex Marriages and Civil Unions: A Handbook for Judges

University of Pennsylvania Law Review, Vol. 153, 2005, Northwestern Public Law Research Paper No. 05-08
Number of pages: 53 Posted: 11 Feb 2005 Last Revised: 10 May 2009
Andrew Koppelman
Northwestern University School of Law
Downloads 267 (246,992)

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civil liberties

48.

Invisible Women: Why an Exemption for Hobby Lobby Would Violate the Establishment Clause

67 Vanderbilt Law Review En Banc 51 (2014), Northwestern Public Law Research Paper No. 14-34
Number of pages: 16 Posted: 23 Jun 2014 Last Revised: 09 Jun 2015
Frederick Mark Gedicks and Andrew Koppelman
Brigham Young University - J. Reuben Clark Law School and Northwestern University School of Law
Downloads 244 (270,400)
Citation 1

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49.

The Limits of Strategic Litigation

Law & Sexuality, Forthcoming, Northwestern Public Law Research Paper No. 07-09
Number of pages: 7 Posted: 29 Mar 2007 Last Revised: 10 May 2009
Andrew Koppelman
Northwestern University School of Law
Downloads 243 (271,471)

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50.

Essentially Contested Histories: On Recent Efforts to Cabin the Meanings of Slavery and Disestablishment

70 Wayne Law Review 83 (2024)
, Northwestern Public Law Research Paper No. 23-60
Number of pages: 27 Posted: 23 Nov 2023 Last Revised: 23 Oct 2024
Andrew Koppelman
Northwestern University School of Law
Downloads 226 (291,335)

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First Amendment, Establishment Clause, Thirteenth Amendment, Abortion

51.

Bostock and Textualism: A Response to Berman and Krishnamurthi

Northwestern Public Law Research Paper No. 21-22, Notre Dame L. Rev. Reflection, forthcoming
Number of pages: 26 Posted: 16 Aug 2021 Last Revised: 11 Jan 2023
Andrew Koppelman
Northwestern University School of Law
Downloads 223 (295,134)

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Bostock v. Clayton County, Mitchell Berman, Guha Krishnamurthi, discrimination, gay rights

52.

Naked Strong Evaluation

Dissent, p. 105, Winter 2009, Northwestern Public Law Research Paper No. 14-49
Number of pages: 6 Posted: 24 Sep 2014
Andrew Koppelman
Northwestern University School of Law
Downloads 222 (296,389)

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Charles Taylor, Religion, Secularism

53.

Beyond Levels of Scrutiny: Windsor and 'Bare Desire to Harm'

Case Western Reserve Law Review, Forthcoming, Northwestern Public Law Research Paper 14-36
Number of pages: 29 Posted: 08 Sep 2014 Last Revised: 02 Dec 2014
Andrew Koppelman
Northwestern University School of Law
Downloads 220 (299,018)
Citation 2

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US v. Windsor, gay rights, equal protection, sex discrimination

54.

Defending the Sex Discrimination Argument for Lesbian and Gay Rights: A Reply to Edward Stein

Downloads 211 (311,177)
Citation 1

Defending the Sex Discrimination Argument for Lesbian and Gay Rights: A Reply to Edward Stein

49 UCLA Law Review 519 (2001), Northwestern Public Law Research Paper No. 15-28
Number of pages: 21 Posted: 04 May 2015
Andrew Koppelman
Northwestern University School of Law
Downloads 115 (523,725)
Citation 1

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gay rights, sex discrimination

Defending the Sex Discrimination Argument for Lesbian and Gay Rights: A Reply to Edward Stein

49 U.C.L.A. L. Rev. 519 (2001), Northwestern Public Law Research Paper No. 17-17
Number of pages: 21 Posted: 09 Aug 2017
Andrew Koppelman
Northwestern University School of Law
Downloads 96 (598,594)

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gay rights, sex discrimination

55.

Conscience, Volitional Necessity, and Religious Exemptions

Legal Theory, Vol. 15, No. 3, 2009, Northwestern Public Law Research Paper No. 13-16, Northwestern Law & Econ Research Paper No. 13-18
Number of pages: 31 Posted: 23 May 2013
Andrew Koppelman
Northwestern University School of Law
Downloads 207 (316,858)

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Constitutional Law, Religion Law

56.

The Fluidity of Political Legitimacy: On Michelman’s Constitutional Essentials

Philosophy & Social Criticism, forthcoming, Northwestern Public Law Research Paper 23-03
Number of pages: 15 Posted: 02 Feb 2023 Last Revised: 13 Apr 2023
Andrew Koppelman
Northwestern University School of Law
Downloads 204 (321,316)

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Liberalism, John Rawls, Frank Michelman

57.

Gay Rights, Religious Liberty, and the Misleading Racism Analogy

BYU Law Review, Forthcoming, Northwestern Public Law Research Paper No. 20-18
Number of pages: 33 Posted: 18 Jul 2020 Last Revised: 28 May 2021
Andrew Koppelman
Northwestern University School of Law
Downloads 196 (333,375)

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Gay rights, Religious Liberty, First Amendment, Constitutional Law, Racism

58.

Why Phyllis Schlafly is Right (But She's Wrong) About Pornography

Harvard Journal of Law and Public Policy, Forthcoming, Northwestern Public Law Research Paper No. 07-07
Number of pages: 22 Posted: 29 Mar 2007 Last Revised: 10 May 2009
Andrew Koppelman
Northwestern University School of Law
Downloads 192 (339,737)

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Public Policy

59.

Rawls, Inequality, and Welfare State Capitalism

Northwestern Public Law Research Paper No. 22-10, Northwestern Law & Econ Research Paper No. 22-07
Number of pages: 28 Posted: 23 Mar 2022 Last Revised: 25 Oct 2023
Andrew Koppelman
Northwestern University School of Law
Downloads 189 (344,794)

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John Rawls, Samuel Freeman, T.M. Scanlon, Welfare state capitalism, Property-owning democracy, social contract theory

60.

How Shall I Praise Thee? Brian Leiter on Respect for Religion

San Diego Law Review, Vol. 47, No. 4, 2010, Northwestern Public Law Research Paper No. 11-46, Northwestern Law & Econ Research Paper No. 11-14
Number of pages: 27 Posted: 10 May 2011
Andrew Koppelman
Northwestern University School of Law
Downloads 189 (344,794)
Citation 1

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Respect, Brian Leiter, Religion

61.

American Evil: A Response to Kleinfeld on Punishment

50 Ariz. St. L.J. 179 (2018), Northwestern Public Law Research Paper No. 18-15
Number of pages: 14 Posted: 25 May 2018
Andrew Koppelman
Northwestern University School of Law
Downloads 188 (346,450)

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Criminal law, Joshua Kleinfeld, Evil

62.

This Isn’t About You: A Comment on Smith’s Pagans and Christians in the City

56 San Diego Law Review 393 (2019), Northwestern Law & Econ Research Paper No. 19-04, Northwestern Public Law Research Paper No. 19-11
Number of pages: 27 Posted: 10 Jun 2019
Andrew Koppelman
Northwestern University School of Law
Downloads 182 (356,805)

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Religion, Paganism

63.

Does Respect Require Antiperfectionism? Gaus on Liberal Neutrality

Harvard Review of Philosophy, Forthcoming, Northwestern Law & Econ Research Paper No. 15-15, Northwestern Public Law Research Paper No. 15-45
Number of pages: 16 Posted: 22 Sep 2015 Last Revised: 22 Feb 2019
Andrew Koppelman
Northwestern University School of Law
Downloads 178 (363,915)

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Gerald Gaus, Perfectionism, Liberalism, Political Theory

64.

Madison's Non Sequitur: A Comment on Vincent Phillip Muñoz, Religious Liberty and the American Founding

American Political Thought: A Journal of Ideas, Institutions, and Culture , forthcoming, Northwestern Public Law Research Paper No. 23-06
Number of pages: 6 Posted: 21 Feb 2023
Andrew Koppelman
Northwestern University School of Law
Downloads 171 (377,117)

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Freedom of religion, First Amendment, Vincent Phillip Muñoz

65.

Expressive Association and the Ideal of the University in the Solomon Amendment Litigation

Social Philosophy & Policy, Vol. 25, July 2008 , U of Penn Law School, Public Law Research Paper No. 08-39, Northwestern Public Law Research Paper No. 08-30
Number of pages: 32 Posted: 22 Aug 2008 Last Revised: 29 Aug 2008
Tobias Barrington Wolff and Andrew Koppelman
University of Pennsylvania Carey Law School and Northwestern University School of Law
Downloads 168 (382,981)

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expressive association, freedom of association, first amendment, solomon amendment, military, recruitment, don't ask don't tell, university, dale, boy scouts

66.

Another Solipsism: Rae Langton on Sexual Fantasy

Washington University Jurisprudence Review, Vol. 5, 2013, Northwestern Public Law Research Paper No. 12-24
Number of pages: 27 Posted: 26 Sep 2012 Last Revised: 08 Jan 2016
Andrew Koppelman
Northwestern University School of Law
Downloads 167 (384,990)

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Feminism, Langton, Pornography, Obscenity

67.

A Marriage by Any Other Name: Why Civil Unions Should Receive Federal Recognition

Indiana Journal of Law and Social Equality, Forthcoming, Northwestern Public Law Research Paper No. 14-59
Number of pages: 19 Posted: 24 Dec 2014 Last Revised: 29 May 2015
Deborah A. Widiss and Andrew Koppelman
Indiana University Maurer School of Law and Northwestern University School of Law
Downloads 158 (403,820)

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Gay rights, same-sex marriage, civil unions

68.

Religious Establishment and Autonomy

Constitutional Commentary, Vol. 25, Northwestern Law & Econ Research Paper No. 09-33, Northwestern Public Law Research Paper No. 09-16
Number of pages: 6 Posted: 02 Aug 2009
Andrew Koppelman
Northwestern University School of Law
Downloads 152 (417,206)

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Religious, Establishment, Autonomy, Greenawalt, Personal Autonomy

69.

Neutrality and the Religion Analogy

APSA 2014 Annual Meeting Paper, Northwestern Public Law Research Paper No. 14-44
Number of pages: 28 Posted: 04 Aug 2014 Last Revised: 11 Sep 2014
Andrew Koppelman
Northwestern University School of Law
Downloads 143 (438,443)

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Neutrality, liberalism, Rawls, Dworkin

70.

The New American Civil Religion: Lesson for Italy

George Washington International Law Review, Vol. 41, p. 861, 2010, Northwestern Public Law Research Paper No. 10-05
Number of pages: 17 Posted: 29 Jan 2010 Last Revised: 10 May 2011
Andrew Koppelman
Northwestern University School of Law
Downloads 142 (440,932)

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Civil, Religion, American, Lessons, Italy

71.

Darwall, Habermas, and the Fluidity of Respect

26 Ratio Juris 523 (2013), Northwestern Public Law Research Paper No. 12-28
Number of pages: 16 Posted: 15 Nov 2012 Last Revised: 19 Nov 2013
Andrew Koppelman
Northwestern University School of Law
Downloads 141 (443,388)

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Darwall, Habermas, Fluidity of Respect

72.

The Many Paths to Neutrality

Richard W. Garnett & Andrew Koppelman, "Introduction: The Many Paths to Neutrality," in First Amendment Stories (Foundation Press 2012), Garnett & Koppelman, eds , Northwestern Public Law Research Paper , Notre Dame Legal Studies Paper No. 12-78
Number of pages: 17 Posted: 26 Sep 2012 Last Revised: 16 Oct 2012
Richard W. Garnett and Andrew Koppelman
Notre Dame Law School and Northwestern University School of Law
Downloads 141 (443,388)

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First Amendment, freedom of speech, freedom of religion, free exercise, establishment of religion, Constitutional Law, the Supreme Court, neutrality

73.

Ronald Dworkin, Religion, and Neutrality

94 Boston University Law Review 1241 (2014), Northwestern Public Law Research Paper No. 14-38
Number of pages: 14 Posted: 12 Sep 2014
Andrew Koppelman
Northwestern University School of Law
Downloads 135 (459,247)

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Ronald Dworkin, Religion, Neutrality, Liberalism

74.

Michael Perry and Human Rights

Emory Law Journal, Forthcoming, Northwestern Public Law Research Paper No. 21-24
Number of pages: 18 Posted: 02 Sep 2021
Andrew Koppelman
Northwestern University School of Law
Downloads 131 (470,544)

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Michael Perry, Human rights, James Bradley Thayer, Judicial review, Moral freedom

75.

Bad News for Everybody: Lawson and Kopel on Health Care Reform and Originalism

Yale Journal Online, Forthcoming, Northwestern Public Law Research Paper No. 11-66
Number of pages: 12 Posted: 05 Jan 2012
Andrew Koppelman
Northwestern University School of Law
Downloads 126 (485,193)

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Incidental Unconstitutionality, Individual Mandate, Bad News, Necessary and Proper Clause

76.

Entertaining Satan: Why We Tolerate Terrorist Incitement

Fordham Law Review, Vol. 86, No. 2, 2017, Northwestern Public Law Research Paper No. 17-25, Northwestern Law & Econ Research Paper No. 17-15
Number of pages: 10 Posted: 17 Nov 2017 Last Revised: 19 Nov 2017
Andrew Koppelman
Northwestern University School of Law
Downloads 121 (500,740)

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Free Speech, Terrorism, Incitement, Eric Posner, Cass Sunstein

77.

The Miscegenation Analogy: Sodomy Law as Sex Discrimination

Northwestern Public Law Research Paper, 98 Yale L. J. 145 (1988)
Number of pages: 20 Posted: 23 Dec 2020
Andrew Koppelman
Northwestern University School of Law
Downloads 119 (507,074)

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sodomy law, sex discrimination

78.

Kent Greenawalt, Defender of the Faith

Texas Law Review, Forthcoming, Northwestern Public Law Research Paper No. 17-04
Number of pages: 28 Posted: 06 Feb 2017 Last Revised: 30 Mar 2017
Andrew Koppelman
Northwestern University School of Law
Downloads 119 (507,074)

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Religion, First Amendment, Kent Greenawalt

79.

Is Marriage Inherently Heterosexual?

Northwestern Public Law Research Paper No. NO. 23-25, 42 Am. J. of Jurisprudence 51 (1997).
Number of pages: 46 Posted: 11 Jul 2023
Andrew Koppelman
Northwestern University School of Law
Downloads 115 (520,513)

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New natural law theory, Germain Grisez, John Finnis, Same-sex marriage

80.

Waldron, Responsibility-Rights, and Hate Speech

43 Arizona State Law Journal 1201 (2011), Northwestern Public Law Research Paper No. 15-40
Number of pages: 23 Posted: 23 Jul 2015
Andrew Koppelman
Northwestern University School of Law
Downloads 107 (549,280)

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Jeremy Waldron, free speech

81.

Passive Aggressive: Scalia and Garner on Interpretation

41 Boundary 2 227 (2014), Northwestern Public Law Research Paper No. 14-37
Number of pages: 20 Posted: 09 Sep 2014 Last Revised: 05 Dec 2017
Andrew Koppelman
Northwestern University School of Law
Downloads 102 (568,903)

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Antonin Scalia, Bryan Garner, Constitutional Law, Originalism

82.

Respect and Contempt in Constitutional Law, or, is Jack Balkin Heartbreaking?

71 Maryland Law Review 1126 (2012), Northwestern Public Law Research Paper No. 11-65
Number of pages: 19 Posted: 05 Jan 2012 Last Revised: 21 Dec 2022
Andrew Koppelman
Northwestern University School of Law
Downloads 97 (588,649)

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Respect, Contempt in Constitutional Law, Jack Balkin, Heartbreaking

83.

The Joys of Mutual Contempt

Chapter 9 in: Religious Freedom, LGBT Rights and the Prospects for Common Ground, (William N. Eskridge & Robin Fretwell Wilson 2018), University of Illinois College of Law Legal Studies Research Paper No. 19-10
Number of pages: 10 Posted: 27 Feb 2019 Last Revised: 20 Mar 2019
Andrew Koppelman
Northwestern University School of Law
Downloads 96 (592,698)

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84.

Drug Policy and the Liberal Self

100 Northwestern University Law Review 279 (2006), Northwestern Public Law Research Paper No. 20-26, Northwestern Law & Econ Research Paper No. 20-10
Number of pages: 17 Posted: 23 Nov 2020 Last Revised: 24 Nov 2020
Andrew Koppelman
Northwestern University School of Law
Downloads 95 (596,614)

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Drug policy, Mark Kleiman, Liberalism, John Stuart Mill

85.

Lupu, Tuttle, and Singling out Religion

111 Northwestern University Law Review Online 41 (2016), Northwestern Public Law Research Paper No. 16-26
Number of pages: 9 Posted: 08 Dec 2016
Andrew Koppelman
Northwestern University School of Law
Downloads 91 (612,910)

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Religious Liberty, Ira Lupu, Robert Tuttle

86.

The Fluidity of Neutrality

66 The Review of Politics 633 (2004), Northwestern Public Law Research Paper No. 14-11
Number of pages: 18 Posted: 27 Mar 2014
Andrew Koppelman
Northwestern University School of Law
Downloads 87 (630,248)

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religion, neutrality, liberal neutrality, political philosophy

87.

Justice Stevens, Religious Enthusiast

106 Northwestern University Law Review 567 (2012), Northwestern Public Law Research Paper No. 11-64
Number of pages: 21 Posted: 05 Jan 2012 Last Revised: 25 Mar 2015
Andrew Koppelman
Northwestern University School of Law
Downloads 86 (634,769)

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Justice Stevens, Religious Enthusiast, hostile to religion

88.

The Decline and Fall of the Case Against Same-Sex Marriage

2 U. St. Thomas L.J. 5 (2004)
Number of pages: 29 Posted: 18 Dec 2020 Last Revised: 11 Oct 2023
Andrew Koppelman
Northwestern University School of Law
Downloads 83 (648,430)

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same-sex marriage, gay rights

89.

Endorsing the Endorsement Test

7 Charleston L. Rev. 719, 2013, Northwestern Public Law Research Paper No. 13-41
Number of pages: 8 Posted: 03 Nov 2022 Last Revised: 02 Dec 2022
Andrew Koppelman
Northwestern University School of Law
Downloads 75 (687,175)

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Religion, Sandra Day O’Connor, Endorsement Test

90.

Reading Lolita at Guantanamo or, This Page Cannot Be Displayed

53 Dissent 64 (Spring, 2006), Northwestern Law & Econ Research Paper No. 13-21, Northwestern Public Law Research Paper No. 13-21
Number of pages: 9 Posted: 15 Jun 2013
Andrew Koppelman
Northwestern University School of Law
Downloads 74 (692,390)
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pornography, obscenity, first amendment

91.

Why Rawls Can't Support Liberal Neutrality: The Case of Special Treatment for Religion

Northwestern Public Law Research Paper No. 17-35, 79 Rev. of Politics 287 (2017)
Number of pages: 47 Posted: 23 Dec 2020
Andrew Koppelman
Northwestern University School of Law
Downloads 66 (737,092)

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Rawls, religion, neutrality, conscience

92.

On the Moral Foundations of Legal Expressivism

Northwestern Public Law Research Paper , 60 Maryland L. Rev. 777 (2001)
Number of pages: 9 Posted: 23 Dec 2020
Andrew Koppelman
Northwestern University School of Law
Downloads 56 (801,597)

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Expressivism, consequentialism, Rousseau, Hegel

93.

Sex Equality and/or the Family: From Bloom vs. Okin to Rousseau vs. Hegel

Northwestern Public Law Research Paper , 4 Yale J. L. & Humanities 399 (1992)
Number of pages: 35 Posted: 23 Dec 2020
Andrew Koppelman
Northwestern University School of Law
Downloads 56 (801,597)

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Sex equality, Allan Bloom, Susan Okin, Rousseau, Hegel

94.

Critiquing Hadley Arkes’s Not-So-Mere Natural Law Theory

Harvard Journal of Law & Public Policy: Per Curiam, No. 03, Winter 2025, Northwestern Public Law Research Paper No. 25-04
Number of pages: 7 Posted: 07 Feb 2025
Andrew Koppelman
Northwestern University School of Law
Downloads 54 (815,989)

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jurisprudence, legal theory, legal philosophy, legal history, Hadley Arkes, natural law

95.

How 'Decentralization' Rationalizes Oligarchy: John McGinnis and the Rehnquist Court

20 Constitutional Commentary 11 (2003), Northwestern Public Law Research Paper No. 15-39
Number of pages: 29 Posted: 23 Jul 2015
Andrew Koppelman
Northwestern University School of Law
Downloads 44 (896,602)

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John McGinnis, Rehnquist Court

96.

Eros, Civilization, and Harry Clor

31 New York University Review of Law & Social Change 855 (2007), Northwestern Public Law Research Paper No. 15-15
Number of pages: 11 Posted: 26 Mar 2015
Andrew Koppelman
Northwestern University School of Law
Downloads 42 (914,592)

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Harry Clor, Obscenity, Pornography, First Amendment

97.

Why Gay Legal History Matters

Harvard Law Review, Vol. 113, No. 8, p. 2035, 2000
Number of pages: 26 Posted: 26 Jan 2024
Andrew Koppelman
Northwestern University School of Law
Downloads 39 (942,875)

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William Eskridge, Law and Sexuality, Constitutional Law, Legal history, History, Lesbian, Gay, Bisexual, and Transgender Studies, Sexuality and the Law

98.

Romer v. Evans and Invidious Intent

Northwestern Public Law Research Paper , 6 Wm. & Mary Bill of Rights J. 89 (1997)
Number of pages: 59 Posted: 23 Dec 2020 Last Revised: 04 Jan 2021
Andrew Koppelman
Northwestern University School of Law
Downloads 37 (962,626)

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Romer v. Evans, gay rights, equal protection

99.

Careful with that Gun: Lee, George, Wax, and Geach on Gay Rights and Same-Sex Marriage

Northwestern Public Law Research Paper No. 10-06
Posted: 01 Feb 2010 Last Revised: 04 Jul 2021
Andrew Koppelman
Northwestern University School of Law

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Patrick Lee, Robert P. George, Amy Wax, Mary Geach, gay rights, same-sex marriage, sexual ethics