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Carl H. Esbeck - Professor of Law

 

Room 209, John K. Hulston Hall
School of Law
University of Missouri-Columbia
Columbia, Missouri 65211
573-882-6543 (direct line with voice mailbox)
573-882-6487 (switchboard)
573-882-4984 (FAX)
e-mail: esbeckc@missouri.edu

LEGAL EDUCATION

Cornell Law School, Ithaca, New York Juris Doctor, with distinction, 1974

RECENT EMPLOYMENT

2002 - present
Isabelle Wade & Paul C. Lyda Professor of Law, University of Missouri-Columbia, and R. B. Price Professorship. Teaching assignments are Civil Rights, Constitutional Law, Religious Liberty, and Civil Procedure. Publications are in the areas of church/state relations and federal civil rights litigation.

2001 - 2002
Senior Counsel to Deputy Attorney General Larry Thompson, U.S. Department of Justice, and Director of the Department of Justice's Task Force on Faith-Based and Community Initiatives.

1999 - 2001
Director, Center for Law and Religious Freedom, Annandale, Virginia. The Center is a public interest law firm operating under the auspices of the Christian Legal Society. The Center does constitutional litigation, legislative work, and public education.

1991 - 1999
Isabelle Wade & Paul C. Lyda Professor of Law, University of Missouri-Columbia.

SELECTED RECENT PUBLICATIONS

Dissent and Disestablishment: The Church/State Settlement in the Early American Republic, 2004 B.Y.U. L. REV. ___ (forthcoming October 2004).

The Establishment Clause as a Structural Restraint: Validations and Ramifications, 18 VA. J. OF LAW & POLITICS 445 (2002).

Statement Before the United States House of Representatives Concerning Charitable Choice and the Community Solutions Act, reprinted in 16 NOTRE DAME J. OF LAW, ETHICS & PUB. POL'Y 567 (2002).

The American System of Church-State Relations (And Its Bearing on Church Autonomy), in CHURCH AUTONOMY: A COMPARATIVE SURVEY (Gerhard Robbers, editor 2001).

Religion and the First Amendment: Some Causes of the Recent Confusion, 42 WM. & MARY L. REV. 883 (2000).

Charitable Choice and the Critics, 57 N.Y.U. ANN. SURVEY OF AM. LAW 17 (2000).

Differentiating the Free Exercise and Establishment Clauses, 42 J. OF CHURCH & ST. 311 (2000).

Myths, Miscues and Misconceptions: No-Aid Separationism and the Establishment Clause, 13 NOTRE DAME JOURNAL OF LAW, ETHICS & PUBLIC POLICY 285 (1999).

On Rights and Restraints, 94 LIBERTY 22-29 (March/April 1999).

The Neutral Treatment of Religion and Faith-Based Social Service Providers: Charitable Choice and Its Critics, in WELFARE REFORM AND FAITH-BASED ORGANIZATIONS 173 (Derek Davis & Barry Hankins editors, 1999).

The Establishment Clause as a Structural Restraint on Governmental Power, 84 IOWA L. REV. 1-113 (1998)

Chapter 1: Equal Treatment: Its Constitutional Status, in EQUAL TREATMENT OF RELIGION IN A PLURALISTIC SOCIETY 9-29 (Stephen V. Monsma & J. Christopher Soper editors, 1998).

A Constitutional Case For Governmental Cooperation With Faith-Based Social Service Providers, 46 EMORY L. J. 1 (1997).

THE REGULATION OF RELIGIOUS ORGANIZATIONS AS RECIPIENTS OF GOVERNMENTAL FINANCIAL ASSISTANCE (published by Center for Public Justice 1996).