Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
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Current Issues in Church Autonomy Doctrine: Categorical Immunity, Collateral Order Doctrine, and Neutral Principles of Law
The United States Supreme Court first acknowledged what would become the church autonomy doctrine, also...
Current Issues in Church Autonomy Doctrine: Categorical Immunity, Collateral Order Doctrine, and Neutral Principles of Law
The United States Supreme Court first acknowledged what would become the church autonomy doctrine, also...
The Ministerial Exception’s Unrealized Promise of Early and Straightforward Resolution of Church Autonomy Matters
The ministerial exception in employment cases is a subpart of the church autonomy doctrine. The...
Huntsman v. Church of Jesus Christ of Latter-Day Saints: Church Autonomy is “a Threshold Structural Bar that Must be Reckoned With”
In Huntsman v. Corporation of the President of the Church of Jesus Christ of Latter-day...
Markel v. Union of Orthodox Jewish Congregations of America: Welcome Developments in the Law of Church Autonomy
In its recent decision in Markel v. Union of Orthodox Jewish Congregations of America, the...