UC Foundation Assistant Professor, U.T. Chattanooga
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).
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Religious Liberty Update on U.S. Congress and Executive Branch Actions
Congress NEW LAW 1. On December 29, 2022, President Biden signed into law H.R.2617, the...
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Book Review: NOT Accountable, by Philip Howard (Part Two)
In light of the inequities and inefficiencies associated with monopolistic government unionism discussed in Part...
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Religious Liberty Update on U.S. Congress and Executive Branch Actions
Congress SENATE 1. On November 30, 2022, the Senate passed H.R. 8404, “Respect for Marriage...
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Religious Liberty Update on U.S. Congress and Executive Branch Actions
Congress HOUSE 1. On October 14, 2022, Rep. Suzanne Bonamici (D-OR-1) introduced H.R. 9175, entitled,...
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Religious Liberty Update on Congressional and Executive Branch Actions
Congress SENATE On September 29, 2022, Sen. Lindsey Graham (R-SC), with 16 cosponsors, introduced S.Res....
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Jewish Professors Challenge Forced Representation by an Anti-Semitic Union as Incompatible with the First Amendment
In Janus v. AFSCME Council 31, the U.S. Supreme Court held that requiring public employees to...
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Religious Liberty Update on Congressional and Executive Branch Actions
Congress NEW LAW 1. On August 16, President Biden signed the “Inflation Reduction Act of...
What Happened to Natural Law in American Jurisprudence?
Kody Cooper
A Review of The Decline of Natural Law: How American Lawyers Once Used Natural Law and...
An Extended Essay on Church Autonomy
Carl H. Esbeck
The doctrine of church autonomy[1] is distinct from the two more familiar lines of cases...
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Can a student Christian group require its leaders to believe in in Christianity? University of Iowa: no (again); Eighth Circuit: still yes
Last month, the Eighth Circuit rebuked the University of Iowa for its efforts to derecognize...