The first new article, titled "Originalist Ideology and the Rule of Law," contends that one of the basic tenets of the "New Originalism," the so-called "contribution thesis," compromises our underlying commitment to the rule of law. A copy of this article, recently published in volume 15 of Heightened Scrutiny, the official online companion of the University of Pennsylvania's Journal of Constitutional Law, is available here.
The second new article, titled "The Ministerial Exception and the Problem of Religious Sovereignty," explores potential theoretical limits on the jurisdictional independence of religious sovereignty in the context of the ministerial exception. A copy of this article, recently published in Where Law & Religion Meet – Online Journal of the Emory Center for Law & Religion, is available for download here.
Professor Bartrum also has two forthcoming articles. The first of these, "Religion and the Restatements," forthcoming in volume 79 of the Brooklyn Law Review (2013), is an interstitial examination of religion and the Restatement project; that is, it outlines the places that issues of religious freedom come up in the existing Restatements, and then makes some recommendations for future editions.
The second article, "Constitutional Value Judgments and Interpretive Theory Choice," forthcoming in volume 40 of the Florida State University Law Review and downloadable here, applies lessons from Thomas Kuhn’s work on scientific paradigm changes to constitutional practice and derives a list of four overlapping and sometimes competing "constitutional values," including constraint, flexibility, representation, and identity, from texts in the constitutional canon.
Congratulations, Ian!
