Distinguished Research Professor, Center for Citizenship and Constitutional Government, University of Notre Dame
Donald L. Drakeman is Distinguished Research Professor in the Center for Citizenship and Constitutional Government at the University of Notre Dame, and a Fellow of the Centre for Health Leadership and Enterprise at the University of Cambridge. His writings have been cited by the Supreme Courts of the United States and the Philippines. He has published seven books, including The Hollow Core of Constitutional Theory (Cambridge University Press, 2021), Why We Need the Humanities (Palgrave, 2016), and Church, State, and Original Intent (Cambridge University Press, 2010). He received an A.B. magna cum laude from Dartmouth College; a J.D. from Columbia Law School, where he was a Harlan Fiske Stone Scholar; and a Ph.D. from Princeton University. He is a Fellow of the Royal Historical Society, and he was the founding chair of the Advisory Council for the James Madison Program on American Ideals and Institutions at Princeton University.
R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
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).
Establishing an Agreement to Disagree About Church and State
Donald L. Drakeman
A review of Nathan Chapman & Michael McConnell, Agreeing to Disagree: How the Establishment Clause...
Topics
Kennedy v. Bremerton School District’s Effect on the Establishment Clause
On June 27, 2022, the U.S. Supreme Court decided Kennedy v. Bremerton School District. In...
After Espinoza, What’s Left of the Establishment Clause?
Carl H. Esbeck
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Can a New Establishment Clause Jurisprudence Succeed in Protecting Religious Minorities Where Lemon Has Failed?
Alexandra M. Lightfoot
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
A Religious Organization's Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment
In the second week of January, the U.S. Supreme Court handed down its unanimous decision...