Douglas Laycock

University of Virginia School of Law

Robert E. Scott Distinguished Professor of Law

580 Massie Road

Charlottesville, VA 22903

United States

  • University of Virginia School of Law

SCHOLARLY PAPERS

21

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Scholarly Papers (21)

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1.

Religious Liberty and the Culture Wars

U. Ill. L. Rev., 2014, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2013-23
Number of pages: 42 Posted: 01 Aug 2013 Last Revised: 26 Aug 2014
Douglas Laycock
University of Virginia School of Law
Downloads 1,063 (33,784)
Citation 5

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religious liberty, religious freedom, free exercise, free exercise of religion, conscientious objection, exemption, accommodation, abortion, same-sex marriage, contraception, contraceptive mandate, Affordable Care Act, Religious Freedom Restoration Act, RFRA, culture wars, French Revolution, sexual

2.

Protecting Same-Sex Marriage and Religious Liberty

99 Virginia L. Rev. In Brief (2013), U of St. Thomas (Minnesota) Legal Studies Research Paper No. 13-15, Virginia Public Law and Legal Theory Research Paper No. 2013-08
Number of pages: 11 Posted: 20 Apr 2013 Last Revised: 13 May 2013
Douglas Laycock and Thomas C. Berg
University of Virginia School of Law and University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 919 (41,450)

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religious liberty, same-sex marriage, civil marriage, religious marriage, religious accommodations, right to marry, gay rights, free exercise of religion

3.

The Neglected Defense of Undue Hardship (and the Doctrinal Train Wreck in Boomer v. Atlantic Cement)

Journal of Tort Law, Volume 4, Issue 3, Article 3, 2012, Virginia Public Law and Legal Theory Research Paper No. 2012-27
Number of pages: 38 Posted: 16 Apr 2012
Douglas Laycock
University of Virginia School of Law
Downloads 445 (105,223)
Citation 1

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undue hardship, balancing the equities, injunctions, nuisance, encroachment, patent trolls, Boomer, eBay

4.

Protecting Free Exercise Under Smith and After Smith

Cato Supreme Court Review 2020-21 (forthcoming), Virginia Public Law and Legal Theory Research Paper No. 2021-34, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 21-11
Number of pages: 23 Posted: 26 Jul 2021 Last Revised: 02 Aug 2021
Douglas Laycock and Thomas C. Berg
University of Virginia School of Law and University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 405 (117,462)

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Free exercise of religion, neutral and generally applicable laws, religious discrimination, religious exemptions, freedom of speech, freedom of association

5.

Generally Applicable Law & the Free Exercise of Religion

Nebraska Law Review, Vol. 95, 2016, Virginia Public Law and Legal Theory Research Paper No. 2016-36
Number of pages: 37 Posted: 03 Jun 2016 Last Revised: 07 Jun 2016
Douglas Laycock and Steven Collis
University of Virginia School of Law and Holland & Hart, LLP. - Denver Tech Center
Downloads 393 (121,567)
Citation 2

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Religious Liberty, Religious Freedom, Free Exercise, Free Exercise of Religion, Free Exercise Clause, Neutral Law, General Applicable Law, Conscientious Objections, Exemption, Accommodation, Contraception, Emergency Contraception, Pharmacy, Pharmacist, Stormans, Wiesman

6.

RLUIPA: Necessary, Modest, and Under-Enforced

Fordham Urban Law Journal, Vol. 39, p. 1021, 2012, Virginia Public Law and Legal Theory Research Paper No. 2012-44
Number of pages: 53 Posted: 24 Aug 2012
Douglas Laycock and Luke W. Goodrich
University of Virginia School of Law and The Becket Fund for Religious Liberty
Downloads 309 (158,068)

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RLUIPA, Religious Land Use and Institutionalized Persons Act, religious land use, substantial burden, equal terms, religious zoning, church zoning, zoning

7.

Brief of Douglas Laycock, Thomas Berg, David Blankenhorn, Marie Failinger, and Edward Gaffney as Amici Curiae in Support of Petitioners in Same-Sex Marriage Cases (Obergefell v. Hodges etc.)

Virginia Public Law and Legal Theory Research Paper No. 25, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 15-08
Number of pages: 53 Posted: 15 Apr 2015 Last Revised: 16 Apr 2015
Douglas Laycock and Thomas C. Berg
University of Virginia School of Law and University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 287 (170,753)

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religious liberty, same-sex marriage, civil marriage, religious marriage, religious accommodations, right to marry, gay rights, free exercise of religion

8.

The Underlying Unity of Separation and Neutrality

Number of pages: 50 Posted: 09 Jun 1997
Douglas Laycock
University of Virginia School of Law
Downloads 242 (202,580)
Citation 2

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9.

Espinoza, Government Funding, and Religious Choice

Journal of Law and Religion, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2020-61, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 20-19
Number of pages: 19 Posted: 25 Aug 2020 Last Revised: 02 Nov 2020
Thomas C. Berg and Douglas Laycock
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law and University of Virginia School of Law
Downloads 234 (209,330)

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Free exercise of religion, government funding, discrimination toward religion, neutrality toward religion, religious choice, religious voluntarism, substantive neutrality, establishment of religion, direct aid, vouchers, conditions on funding, religious exemptions

10.

Restoring Restitution to the Canon

Michigan Law Review, Vol. 110, No. 6, p. 929, 2012, Virginia Public Law and Legal Theory Research Paper No. 2012-26
Number of pages: 25 Posted: 16 Apr 2012
Douglas Laycock
University of Virginia School of Law
Downloads 204 (238,100)

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restitution, unjust enrichment, restatement, disgorgement, mistake, voluntary payment rule, contract damages, forced exchange, attorneys' fees, common fund cases

11.

The Mistakes in Locke V. Davey and the Future of State Payments for Services Provided by Religious Institutions

Tulsa Law Review, Vol. 40, No. 2, 2005, U of St. Thomas Legal Studies Research Paper No. 05-09
Number of pages: 28 Posted: 12 Jan 2005
Thomas C. Berg and Douglas Laycock
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law and University of Virginia School of Law
Downloads 190 (253,790)

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Religion Clauses, free exercise, vouchers, funding of religious education

12.

The Respect for Marriage Act: Living Together Despite Our Deepest Differences

University of Illinois Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2023-25, U of St. Thomas (Minnesota) Legal Studies Research Paper, Forthcoming, University of Missouri School of Law Legal Studies Research Paper No. 2023-08, University of Illinois College of Law Legal Studies Research Paper No. 23-07
Number of pages: 50 Posted: 21 Mar 2023 Last Revised: 04 May 2023
Douglas Laycock, Thomas C. Berg, Carl H. Esbeck and Robin Fretwell Wilson
University of Virginia School of Law, University of St. Thomas, St. Paul/Minneapolis, MN - School of Law, University of Missouri School of Law and University of Illinois College of Law
Downloads 186 (258,780)

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Respect for Marriage Act, same-sex marriage, religious liberty, religious exemptions, wedding vendors, full faith and credit, Obergefell v. Hodges, gay-rights legislation, religious liberty legislation, LGBTQ

13.

The Broader Implications of Masterpiece Cakeshop

Brigham Young University Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-35
Number of pages: 40 Posted: 11 Jun 2019 Last Revised: 30 Jul 2019
Douglas Laycock
University of Virginia School of Law
Downloads 176 (271,608)
Citation 3

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religion, religious liberty, free exercise, same-sex marriage, gay marriage, marriage equality, generally applicable law, general applicability, Masterpiece Cakeshop, Employment Division v. Smith, Church of the Lukumi, Hialeah

14.

Protecting Liberty in a Federal System: The Us Experience

PATTERNS OF REGIONALISM, Hart Publishing, 2005, U of Texas Law, Public Law Research Paper No. 77
Number of pages: 49 Posted: 19 Oct 2005
Douglas Laycock
University of Virginia School of Law
Downloads 172 (277,185)

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15.

Spokeo v. Robins - Brief of Restitution and Remedies Scholars as Amici Curiae in Support of Respondent

Washington & Lee Legal Studies Paper No. 2015, Virginia Public Law and Legal Theory Research Paper No. 52, UC Berkeley Public Law Research Paper No. 2660394
Number of pages: 48 Posted: 15 Sep 2015 Last Revised: 30 Sep 2015
Douglas Laycock, Mark P. Gergen and Doug Rendleman
University of Virginia School of Law, University of California, Berkeley - School of Law and Washington and Lee University - School of Law
Downloads 164 (288,542)
Citation 2

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restitution, unjust enrichment, constitutional law, standing, federal courts, damages, remedies, Fair Credit Reporting Act, consumer protection, contracts

16.

Why the Supreme Court Changed its Mind About Government Aid to Religious Institutions: It’s a Lot More than Just Republican Appointments

Brigham Young University Law Review, Forthcoming, U of Michigan Public Law Working Paper No. 159
Number of pages: 19 Posted: 11 Sep 2009
Douglas Laycock
University of Virginia School of Law
Downloads 149 (312,617)

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Religious liberty, Establishment Clause, financial aid

17.

Brief of Reporter and Advisers to Restatement (Third) Restitution and Unjust Enrichment, as Amici Curiae in Support of Respondent

Washington & Lee Legal Studies Paper No. 2011-20
Number of pages: 46 Posted: 22 Nov 2011
Doug Rendleman and Douglas Laycock
Washington and Lee University - School of Law and University of Virginia School of Law
Downloads 106 (403,232)
Citation 3

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Restitution, Constitutional Law, Standing, Federal Court, Real Estate Settlement Procedures Act, Damages, Remedy, Unjust Enrichment

18.

Scholars’ Supreme Court Amicus Brief in Support of Neither Party: Petrella v. Metro-Goldwyn-Mayer

Washington & Lee Legal Studies Paper, Virginia Public Law and Legal Theory Research Paper No. 2014-09
Number of pages: 46 Posted: 09 Jan 2014 Last Revised: 10 Feb 2014
Douglas Laycock, Mark P. Gergen and Doug Rendleman
University of Virginia School of Law, University of California, Berkeley - School of Law and Washington and Lee University - School of Law
Downloads 99 (422,949)

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Copyright, Equity, Laches, Estoppel, Irreparable injury

19.

High-Value Speech and the Basic Educational Mission of a Public School: Some Preliminary Thoughts

Lewis & Clark Law Review, Vol. 12, No. 1, 2008, University of Michigan Law School, Public Law and Legal Theory Working Paper Series, Working Paper No. 156
Number of pages: 21 Posted: 31 Jul 2009
Douglas Laycock
University of Virginia School of Law
Downloads 61 (558,723)

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Free Speech Clause, religious speech, Morse v. Frederick

20.

Imaginary Contradictions: A Reply to Professor Oleske

67 Vand. L. Rev. En Banc 89 (2014), Virginia Public Law and Legal Theory Research Paper No. 2014-32
Number of pages: 9 Posted: 06 May 2014
Douglas Laycock
University of Virginia School of Law
Downloads 55 (586,928)

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religious liberty, religious freedom, free exercise, free exercise of religion, conscientious objection, exemption, accommodation, abortion, same-sex marriage, contraception, contraceptive mandate, Affordable Care Act, Religious Freedom Restoration Act, RFRA, Religious Liberty Protection Act, RLPA

21.

Legislators on Executive-Branch Boards Are Unconstitutional, Period

William & Mary Bill of Rights Journal, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-52
Number of pages: 33 Posted: 13 Sep 2019
Douglas Laycock
University of Virginia School of Law
Downloads 35 (700,971)

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separation of powers, legislators, executive-branch boards, Virginia, Board of Visitors