Paul Horwitz

University of Alabama School of Law

Associate Professor

P.O. Box 870382

Tuscaloosa, AL 35487

United States

  • University of Alabama School of Law

SCHOLARLY PAPERS

43

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6

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Scholarly Papers (43)

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1.

The Hobby Lobby Moment

Harvard Law Review, Forthcoming, U of Alabama Legal Studies Research Paper No. 2516853
Number of pages: 36 Posted: 02 Nov 2014
Paul Horwitz
University of Alabama School of Law
Downloads 1,011 (26,408)
Citation 1

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Hobby Lobby, contraception mandate, RFRA, Religious Freedom Restoration Act, religion, religious liberty, religious freedom, religious accommodation, accommodation, exemptions, corporations and religion, corporations and free exercise, same sex marriage, LGBT rights, reproductive rights

2.

Democracy as the Rule of Law

PROSECUTING THE BUSH ADMINISTRATION: WHAT DOES THE RULE OF LAW REQUIRE? Nasser Hussain & Austin Sarat, eds., Forthcoming, U of Alabama Public Law Research Paper No. 1502801
Number of pages: 44 Posted: 09 Nov 2009
Paul Horwitz
University of Alabama School of Law
Downloads 555 (59,504)

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bush, yoo, bybee, war on terror, 9/11, democracy, rule of law, transitional justice, costs of settlement, settlement costs, universal jurisdiction

3.

What Ails the Law Schools?

Michigan Law Review, Vol. 111, No. 6, 2013, U of Alabama Public Law Research Paper No. 2113116
Number of pages: 18 Posted: 20 Jul 2012
Paul Horwitz
University of Alabama School of Law
Downloads 407 (86,737)

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4.

Judicial Character (and Does it Matter)

Constitutional Commentary, Forthcoming, U of Alabama Public Law Research Paper No. 144970
Number of pages: 77 Posted: 08 Aug 2009
Paul Horwitz
University of Alabama School of Law
Downloads 387 (91,857)

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posner, powell, farber, sherry, judicial decision making, judging, constitutional law, legal process, aretaic, virtue ethics, virtue jurisprudence, judicial oath

5.

Religious Tests in the Mirror: The Constitutional Law and Constitutional Etiquette of Religion in Judicial Nominations

Number of pages: 96 Posted: 27 Apr 2006
Paul Horwitz
University of Alabama School of Law
Downloads 349 (103,357)
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Religious Test Clause, religion, William Pryor, Leon Holmes, Charles Pickering, John Roberts, Harriet Miers, Samuel Alito, judicial nominations

6.

Our Boggling Constitution; or, Taking Text Really, Really Seriously

Constitutional Commentary, Vol. 26, p. 651, 2010, U of Alabama Public Law Research Paper No. 1966628
Number of pages: 28 Posted: 30 Nov 2011
Paul Horwitz
University of Alabama School of Law
Downloads 334 (108,619)

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Boggle, Constitution

7.

Universities as First Amendment Institutions: Some Easy Answers and Hard Questions

UCLA Law Review, Vol. 54, 2007, Notre Dame Legal Studies Paper No. 07-18, U of Alabama Public Law Research Paper No. 966312
Number of pages: 78 Posted: 01 Mar 2007
Paul Horwitz
University of Alabama School of Law
Downloads 306 (119,403)

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solomon amendment, universities, academic freedom, institutions, grutter, first amendment

8.

Review - Constitutional Conscience: The Moral Dimension of Judicial Decision, by H. Jefferson Powell, and How Judges Think, by Richard A. Posner

U of Alabama Public Law Research Paper No. 1131406
Number of pages: 9 Posted: 11 May 2008 Last Revised: 22 May 2008
Paul Horwitz
University of Alabama School of Law
Downloads 305 (119,839)

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posner, powell, judges, judging, virtue, virtue ethics, constitutional law, supreme court

9.

Introduction to The Agnostic Age: Law, Religion, and the Constitution

THE AGNOSTIC AGE: LAW, RELIGION, AND THE CONSTITUTION, Oxford University Press, January 2011, U of Alabama Public Law Research Paper No. 1697548
Number of pages: 23 Posted: 06 Jan 2011 Last Revised: 25 Mar 2011
Paul Horwitz
University of Alabama School of Law
Downloads 294 (124,524)

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law and religion, First Amendment, Free Exercise, Establishment Clause, religion and liberal democracy, agnosticism, New Atheists

10.

Or of the [Blog]

Number of pages: 33 Posted: 23 Dec 2005
Paul Horwitz
University of Alabama School of Law
Downloads 272 (135,160)

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press, press clause, first amendment, first amendment institutions, institutional first amendment, branzburg, blogs, blogosphere, open press, free press

11.

Churches as First Amendment Institutions: Of Sovereignty and Spheres

Harvard Civil Rights-Civil Liberties Law Review (CR-CL), Forthcoming
Number of pages: 73 Posted: 16 Oct 2008
Paul Horwitz
University of Alabama School of Law
Downloads 256 (143,709)

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religion, free exercise, establishment clause, abraham kuyper, sphere sovereignty, first amendment institutions, first amendment institutionalism

12.

Grutter's First Amendment

U San Diego Legal Studies Research Paper No. 05-06
Number of pages: 130 Posted: 26 Jul 2004
Paul Horwitz
University of Alabama School of Law
Downloads 248 (148,306)

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Grutter, First Amendment, academic freedom, free speech, affirmative action, Solomon amendment, single-sex education, democratic experimentalism

13.

Three Faces of Deference

Notre Dame Law Review, Vol. 83, 2008, U of Alabama Public Law Research Paper No. 1018969
Number of pages: 104 Posted: 03 Oct 2007
Paul Horwitz
University of Alabama School of Law
Downloads 235 (156,271)

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deference, First Amendment, institutions, FAIR, Rumsfeld, Solomon Amendment, Grutter, Dale, academic freedom

14.

Free Speech as Risk Analysis: Heuristics, Biases, and Institutions in the First Amendment

Temple Law Review, Vol. 76, No. 1, Spring 2003
Number of pages: 68 Posted: 09 Aug 2003
Paul Horwitz
University of Alabama School of Law
Downloads 227 (161,535)
Citation 1

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first amendment, freedom of speech, behavioral analysis of law, heuristics and biases, availability heuristic, illegal advocacy, schenck, dennis, brandenburg, commercial speech

15.

Religion and American Politics: Three Views of the Cathedral

U of Alabama Public Law Research Paper No. 1267445
Number of pages: 76 Posted: 06 Oct 2008
Paul Horwitz
University of Alabama School of Law
Downloads 223 (164,364)
Citation 1

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religion, politics, John F. Kennedy, Mitt Romney, Barack Obama

16.

Against Martyrdom: A Liberal Argument for Accommodation of Religion

Notre Dame Law Review, Vol. 91, No. 4, 2016, U of Alabama Legal Studies Research Paper No. 2754635
Number of pages: 44 Posted: 27 Mar 2016
Paul Horwitz
University of Alabama School of Law
Downloads 221 (165,774)
Citation 1

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Liberalism, Religious Accommodation, Accommodationism, Hobby Lobby, RFRA, Religious Freedom Restoration Act, Illiberalism, Benedict Option, Pluralism, Free Exercise

17.

'Evaluate Me!': Conflicted Thoughts on Gatekeeping in Legal Scholarship's New Age

Connecticut Law Review, Vol. 39, 2007, Notre Dame Legal Studies Paper No. 07-34
Number of pages: 20 Posted: 26 Apr 2007
Paul Horwitz
University of Alabama School of Law
Downloads 210 (173,857)

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blogs, legal scholarship, economy of prestige, gatekeeping, online age

18.

Defending (Religious) Institutionalism

Virginia Law Review, Forthcoming, U of Alabama Legal Studies Research Paper
Number of pages: 14 Posted: 02 Mar 2013 Last Revised: 03 Apr 2013
Paul Horwitz
University of Alabama School of Law
Downloads 198 (183,638)

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19.

Clerking for Grown-Ups: A Tribute to Judge Ed Carnes

Alabama Law Review, Vol. 69, 2018, U of Alabama Legal Studies Research Paper No. 3172831
Number of pages: 25 Posted: 04 May 2018
Paul Horwitz
University of Alabama School of Law
Downloads 168 (212,166)

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Judicial Clerkships, Clerking, Clerkship Culture, Legal Academia, Ed Carnes

20.

Of Football, ‘Footnote One,’ and the Counter-Jurisdictional Establishment Clause: The Story of Santa Fe Independent School District v. Doe

U of Alabama Public Law Research Paper No. 1589757
Number of pages: 39 Posted: 14 Apr 2010
Paul Horwitz
University of Alabama School of Law
Downloads 148 (235,829)

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Santa Fe Independent School District v. Doe, establishment clause, school prayer

21.

Freedom of the Church Without Romance

Journal of Contemporary Legal issues, Forthcoming
Number of pages: 82 Posted: 15 May 2013
Paul Horwitz
University of Alabama School of Law
Downloads 146 (238,398)

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freedom of the church, libertas ecclesiae, canossa, hosanna-tabor, ministerial exception, first amendment institutions, institutional first amendment, economics of religion, investiture controversy, church autonomy

22.

Law, Religion, and Kissing Your Sister

U of Alabama Public Law Research Paper No. 1989888
Number of pages: 26 Posted: 23 Jan 2012
Paul Horwitz
University of Alabama School of Law
Downloads 146 (238,398)
Citation 1

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23.

The First Amendment's Epistemological Problem

Washington Law Review, Vol. 87, 2012, U of Alabama Public Law Research Paper No. 2070657
Number of pages: 48 Posted: 31 May 2012
Paul Horwitz
University of Alabama School of Law
Downloads 143 (242,559)

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First Amendment, epistemology, Stolen Valor Act, United States v. Alvarez, First Amendment institutions, academic freedom, freedom of the press, freedom of speech

24.

The Religious Geography of Town of Greece v. Galloway

Supreme Court Review, Forthcoming, U of Alabama Legal Studies Research Paper No. 2590073
Number of pages: 45 Posted: 06 Apr 2015 Last Revised: 19 May 2015
Paul Horwitz
University of Alabama School of Law
Downloads 141 (245,273)

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Town of Greece v. Galloway, legislative prayer, Establishment Clause, religious pluralism, law and geography, religious geography, Marsh v. Chambers, localism, regionalism

25.

Law's Expression: The Promise and Perils of Judicial Opinion Writing in Canadian Constitutional Law

Osgoode Hall Law Journal, Vol. 38, No. 101, 2000
Number of pages: 42 Posted: 16 Nov 2006
Paul Horwitz
University of Alabama School of Law
Downloads 135 (254,019)

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26.

Anonymity, Signaling, and Silence as Speech

Number of pages: 20 Posted: 19 Mar 2009
Paul Horwitz
University of Alabama School of Law
Downloads 132 (258,422)

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first amendment, anonymity, pseudonymity, political fraud, martin redish, mcintyre, talley, signaling theory, campaign finance, freedom of association, expressive anonymity, associational anonymity

27.

Act III of the Ministerial Exception

Northwestern University Law Review, Forthcoming, U of Alabama Public Law Research Paper No. 1934433
Number of pages: 23 Posted: 29 Sep 2011
Paul Horwitz
University of Alabama School of Law
Downloads 113 (289,504)

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First Amendment, Establishment Clause, Free Exercise Clause, Hosanna-Tabor, Ministerial Exception, First Amendment Institutions

28.

The Philosopher's Brief

Constitutional Commentary, Forthcoming, U of Alabama Public Law Research Paper No. 1298035
Number of pages: 11 Posted: 09 Nov 2008
Paul Horwitz
University of Alabama School of Law
Downloads 111 (293,069)

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greenawalt, law and religion

29.

'A Troublesome Right': The 'Law' in Dworkin's Treatment of Law and Religion

Boston University Law Review, Forthcoming, U of Alabama Legal Studies Research Paper No. 2432144
Number of pages: 21 Posted: 13 May 2014 Last Revised: 27 Aug 2014
Paul Horwitz
University of Alabama School of Law
Downloads 109 (296,945)

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dworkin, religion without god, religious freedom, religion, employment division v. smith, legislative accommodation of religion

30.

Transcript - Conference on the Ethics of Legal Scholarship

Marquette Law Review, Vol. 101, No. 4, 2018, Marquette Law School Legal Studies Paper No. 18-20, U Denver Legal Studies Research Paper No. 18-23, University of Utah College of Law Research Paper No. 273
Number of pages: 131 Posted: 25 Jul 2018 Last Revised: 14 Aug 2018
Nicky Boothe-Perry, Stanley Fish, Leslie P. Francis, Neil W. Hamilton, Carissa Byrne Hessick, Paul Horwitz, Joseph D. Kearney, Chad M. Oldfather, Ryan Scoville, Eli Wald and Robin L. West
Florida A & M University College of Law, Florida International University (FIU) - College of Law, University of Utah - S.J. Quinney College of Law, University of St. Thomas School of Law (Minnesota), University of North Carolina School of Law, University of Alabama School of Law, Marquette University - Law School, Marquette University - Law School, Marquette University - Law School, University of Denver Sturm College of Law and Georgetown University Law Center
Downloads 108 (298,840)

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ethics, legal scholarship, candor, neutrality, law schools, law professors, legal academy, law reviews

31.

Institutional Actors in New York Times v. Sullivan

Georgia Law Review, Forthcoming, U of Alabama Legal Studies Research Paper No. 2375281
Number of pages: 37 Posted: 06 Jan 2014 Last Revised: 21 Mar 2014
Paul Horwitz
University of Alabama School of Law
Downloads 104 (306,601)

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New York Times v. Sullivan, New York Times, press, Press Clause, journalism, civil rights, social movements, defamation, libel, constitutional canon, institutions

32.

Religious Institutionalism — Why Now?

in The Rise of Corporate Religious Liberty: Hobby Lobby and the New Law of Religion in America 207 (Micah Schwartzman et al., eds. 2015) , Brooklyn Law School, Legal Studies Paper No. 429
Number of pages: 22 Posted: 23 Dec 2015
Nelson Tebbe and Paul Horwitz
Cornell Law School and University of Alabama School of Law
Downloads 102 (310,636)

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religious freedom, free exercise, establishment clause, Hobby Lobby, first amendment

33.

Honor's Constitutional Moment: The Oath and Presidential Transitions

Northwestern University Law Review, Forthcoming, U of Alabama Public Law Research Paper No. 1304952
Number of pages: 20 Posted: 21 Nov 2008 Last Revised: 30 Nov 2008
Paul Horwitz
University of Alabama School of Law
Downloads 100 (314,784)
Citation 1

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Presidential Oath Clause, presidential transitions, legal transitions, oaths, Barack Obama

34.

Institutional Pluralism and the (Hoped-For) Effects of Candor and Integrity in Legal Scholarship

Marquette Law Review, Forthcoming, U of Alabama Legal Studies Research Paper No. 3152331
Number of pages: 34 Posted: 30 Mar 2018 Last Revised: 06 Apr 2018
Paul Horwitz
University of Alabama School of Law
Downloads 94 (327,533)

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ethics of legal scholarship, legal scholarship, institutional pluralism, universities, scholarship, legal academy, social media, twitter, scholars' briefs, amicus briefs, scholars' letters, critical thinking, speak truth to power, engaged scholarship, advocacy scholarship, credentialism, normativity

35.

More 'Vitiating Paradoxes': A Reply to Steven D. Smith — and Smith

Pepperdine Law Review, Forthcoming, U of Alabama Legal Studies Research Paper No. 2427776
Number of pages: 31 Posted: 24 Apr 2014 Last Revised: 08 May 2014
Paul Horwitz
University of Alabama School of Law
Downloads 93 (329,781)

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Steven D. Smith, Religion Clauses, law and religion, religious freedom, religious liberty, Employment Division v. Smith, Hosanna-Tabor, church autonomy, freedom of the church, Free Exercise Clause, Establishment Clause, soft constitutionalism, Critical Legal Studies

36.

Fisher, Academic Freedom, and Distrust

Loyola Law Review, New Orleans, Forthcoming, U of Alabama Legal Studies Research Paper No. 2326570
Number of pages: 48 Posted: 17 Sep 2013 Last Revised: 25 Sep 2013
Paul Horwitz
University of Alabama School of Law
Downloads 78 (366,810)

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Fisher v. University of Texas at Austin, Grutter v. Bollinger, universities, academic freedom, affirmative action, race-conscious admissions policies, deference, institutions, institutional autonomy, distrust, CLS v. Hastings

37.

Demographics and Distrust: The Eleventh Circuit on Graduation Prayer in Adler v. Duval County

University of Miami Law Review, 2009, U of Alabama Public Law Research Paper No. 1373147
Number of pages: 78 Posted: 05 Apr 2009
Paul Horwitz
University of Alabama School of Law
Downloads 77 (369,565)

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38.

A Close Reading of Barnette, in Honor of Vincent Blasi

13 FIU L. Rev. 689 (2019), U of Alabama Legal Studies Research Paper No. 3370976
Number of pages: 41 Posted: 13 May 2019
Paul Horwitz
University of Alabama School of Law
Downloads 68 (395,709)

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Barnette, free speech, freedom of religion, flag salute, pledge of allegiance, Jehovah's Witnesses, Vincent Blasi, Robert Jackson, compelled speech, Masterpiece Cakeshop, Sherbert, Gobitis, student speech, civil religion, nonendorsement, fixed star, culture wars

39.

Rethinking the Law, Not Abandoning It: A Comment on 'Overlapping Jurisdictions'

4 Faulkner Law Review 351 (2013), U of Alabama Legal Studies Research Paper No. 2326549
Number of pages: 17 Posted: 17 Sep 2013 Last Revised: 25 Sep 2013
Paul Horwitz
University of Alabama School of Law
Downloads 63 (411,815)

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shari'a, religious arbitration, church autonomy, Awad v. Ziriax, Larson v. Valente, Religion Clauses, Establishment Clause, Free Exercise Clause, political economy

40.

A Few Grains of Incense: Law, Religion, and Politics from the Perspective of the "Christian" and "Pagan" Dispensations

Journal of Catholic Legal Studies, Forthcoming, U of Alabama Legal Studies Research Paper No. 3701804
Number of pages: 65 Posted: 30 Sep 2020
Paul Horwitz
University of Alabama School of Law
Downloads 59 (425,362)

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Steven D. Smith, pagans, paganism, culture wars, law and religion, religious accomodation, religious symbols, Establishment Clause, Free Exercise

41.

The Constitutional Marriage of Personality and Impersonality: Office, Honor, and the Oath

33 Constitutional Commentary __ (Forthcoming) , U of Alabama Legal Studies Research Paper No. 3189458
Number of pages: 11 Posted: 19 Jun 2018
Paul Horwitz
University of Alabama School of Law
Downloads 42 (491,907)

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honor, oath, office, precedent, Kozel, character, virtue, aretaic, impersonality

42.

Honor, Oath, and Office

Capstone Lawyer (2019), U of Alabama Legal Studies Research Paper No. 3368271
Number of pages: 3 Posted: 07 May 2019
Paul Horwitz
University of Alabama School of Law
Downloads 35 (524,684)

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Honor, Oath, Office, Constitution, Virtue, Sharon Krause, Julian Pitt-Rivers, Character, Tamlyn Sommers, Rule of Law, Impersonality, Fame, Alexander Hamilton, Cicero, Marbury v. Madison

43.

Coxford Lecture: Honour, Oaths, and the Rule of Law

32 Canadian Journal of Law & Jurisprudence 389 (2019), doi: 10.1017/cjlj.2019.23 , U of Alabama Legal Studies Research Paper No. 3440153
Posted: 31 Aug 2019
Paul Horwitz
University of Alabama School of Law

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Honor, oath, office, virtue, dignity, Sharon Krause, Julian Pitt-Rivers, rule of law, impersonality, fame, Cicero, Marbury v. Madison