Articles and Book Chapters from 1983 - 2010
“Church and State: Revolutionary Period and Early Republic,” 10,000 word entry in The Encyclopedia of Religion in America (2010).
“Everson: A Case of Premeditated Law Office History,” American Journal of Legal History (2009).
“The Church Historians Who Made the First Amendment What it is Today,” Religion and American Culture (2007).
“Reynolds v. United States: The Historical Construction of Constitutional Reality,” Constitutional Commentary (2004).
“The Substance of Process: Lochner v. New York,” in Great Cases in Constitutional Law, Robert P. George, ed. (Princeton University Press, 2000).
“James Madison and the First Amendment Establishment of Religion Clause,” in Religion and Political Culture in Jefferson’s Virginia, Garrett Ward Sheldon and Daniel L. Dreisbach, eds. (Rowman & Littlefield, 2000).
"The Churches on Church and State," in Dieter T. Hessel, ed., The Church's Public Role (William B. Eerdmans, 1993).
“God and Kids at School: Voluntary Religious Activities in the Public Schools,” Seton Hall Law Review (1984) (co-author with Robert P. Seawright).
"Religion's Place in the Public Schools," The Christian Century (1984).
Reprinted in several editions of a college text on writing essays, Flachmann and Flachmann, eds., The Prose Reader: Essays for College Writers (1987): 437-43.
"Religion and the Republic: James Madison and the First Amendment," Journal of Church and State (1983).
Cited by the U.S. Supreme Court in Allegheny v. ACLU, 492 U.S. 573 (1989).
Cited by the U.S. Supreme Court in Espinoza v. Montana, 591 U.S. __ (2020).
Reprinted in Robert Alley, ed., James Madison on Religious Liberty (Prometheus Books, 1985).
“Antidisestablishmentarianism: The Latest (and Longest) Word from the Supreme Court in Marsh v. Chambers,” Cardozo Law Review (Fall 1983).
"Prayer in the Schools: Is New Jersey's Moment of Silence Law Constitutional?" Rutgers Law Review (1983).