Search Faculty Publications
ANDREW KOPPELMAN
2021
Newspaper Articles
January 2021
- A Time for Pity and Contempt, The Hill (Jan. 2, 2021).
- Why Trump Can’t Be Prosecuted, The Hill (Jan. 12, 2021).
- Is This Law Professor Really a Homicidal Threat?, Chronicle of Higher Education (Jan. 19, 2021).
- Cancel Culture Comes for the Moderates, The Hill (Jan. 24, 2021).
Other
January 2021
- No, It Would Not Be Unconstitutional for Trump’s Impeachment Trial to Take Place After He’s Out of Office at Law & Crime (Jan. 13, 2021) (Co-authored by: Steven Lubet).
- Between the Trenches of the Culture Wars, But Not with Ill Will: An Exchange at Public Discourse (Jan. 8, 2021) (Co-authored by: Adam J. MacLeod).
2020
Books and other Monographs
May 2020
Newspaper Articles
December 2020
- That Op-Ed About Jill Biden Is Awful. Northwestern’s Response Might Be Worse., Chronicle of Higher Education (Dec. 16, 2020) (Co-authored by: Steven Lubet).
November 2020
- Mitch McConnell Might Not Endanger the Planet, The Hill (Nov. 6, 2020).
- What Georgia Voters Need to Know, The Hill (Nov. 12, 2020).
- COVID-19, Masks and the Freedom to Drive Drunk, The Hill (Nov. 29, 2020).
September 2020
- Void the Police Contracts, The Hill (Sept. 13, 2020).
- What Is Systemic Racism, Anyway?, Usa Today (Sept. 23, 2020).
- The Real Danger Amy Coney Barrett Poses to ObamaCare, The Hill (Sept. 27, 2020).
July 2020
- Supreme Court Rulings Make the World Safer for Both LGBT People and Religious Freedom, Usa Today (July 21, 2020).
- Gay Rights, Religion and What’s Wrong with Principles, The Hill (July 22, 2020).
- States Must Protect Their Residents from Criminals — Even Ones Wearing Federal Uniforms, The Hill (July 28, 2020).
Other
April 2020
- Is the Roberts Court Going to Let Coronavirus Kill Us? at Just Security (Apr. 17, 2020) (Co-authored by: Steven Lubet).
Papers
March 2020
- Why Do (Some) Originalists Hate America? in Northwestern Law & Econ Research Paper No. 20-02, Northwestern Public Law Research Paper No. 20-04 (2020).
Periodical Articles
December 2020
- The Great Awokening and Overlapping Consensus, Public Discourse (Dec. 9, 2020).
November 2020
- Gay Rights, Religious Liberty, and the Misleading Racism Analogy, 2020 BYU Law Review 1.
August 2020
- Bostock, LGBT Discrimination, and the Subtractive Moves, 105 Minnesota Law Review Headnotes 1 (2020).
- Liberal Conservatism, New Rambler Review (Aug. 26, 2020).
June 2020
- Bostock: What Two Conservatives Realized and Three Dissenters Missed, American Prospect (June 15, 2020).
April 2020
- “The Function of the Independent Lawyer as a Guardian of Our Freedom”: The Great Stevens Dissent in Walters, 114 Northwestern University Law Review 1771 (2020).
2019
Papers
October 2019
- LGBT Discrimination and the Subtractive Moves in Northwestern Public Law Research Paper No. 19-19 (2019).
Periodical Articles
September 2019
- The Real Trouble with Emoluments, American Prospect (Sept. 19, 2019) (Co-authored by: Steven Lubet).
May 2019
- This Isn’t About You: A Comment on Smith’s Pagans and Christians in the City, 56 San Diego Law Review 393 (2019).
2018
Contributions to Books etc.
December 2018
- The Joys of Mutual Contempt in Religious Freedom, Lgbt Rights, And The Prospects For Common Ground, edited by William Eskridge, Jr. & Robin Fretwell Wilson (2018) at Page 111.
September 2018
- What Kind of Human Right is Religious Liberty? in research Handbook On Law And Religion, edited by Rex Ahdar (2018).
Periodical Articles
August 2018
- Tebbe and Reflective Equilibrium, 31 Journal of Civil Rights & Economic Development 125 (2018).
May 2018
- American Evil: A Response to Kleinfeld on Punishment, 50 Arizona State Law Journal 179 (2018).
- Why the Mueller Investigation Is Constitutional, The American Prospect (May 30, 2018) (Co-authored by: Steven Lubet).
2017
Other
December 2017
- Masterpiece Cakeshop and How “Religious Liberty” Became So Toxic at VOX (Dec. 6, 2017).
February 2017
- Does Jason Chaffetz Understand His Job? at CNN.com (Feb. 11, 2017) (Co-authored by: Steven Lubet).
Periodical Articles
December 2017
- Unparadoxical Liberalism, 54 San Diego Law Review 257 (2017).
October 2017
- Corrupting the National Book Award?, Balkinization (Oct. 26, 2017).
July 2017
- Why the Trump Administration Will Lose Its Case Against Gay Rights, Fortune (Jul. 29, 2017).
June 2017
- How Could Religious Liberty Be a Human Right?, Northwestern Public Law Research Paper No. 17-15, Northwestern Law & Econ Research Paper No. 17-08, International Journal of Constitutional Law (forthcoming 2017).
- Introduction: The Moral Demands of Commercial Speech, 25 William & Mary Bill of Rights Journal 761 (2017).
May 2017
- Kent Greenawalt, Defender of the Faith, 95 Texas Law Review 821 (2017) (reviewing Kent Greenawalt, EXEMPTIONS: NECESSARY, JUSTIFIED, OR MISGUIDED?).
January 2017
- If Liberals Knew Themselves Better, Conservatives Might Like Them Better, 20 Lewis & Clark Law Review 1201 (2017).
2016
Periodical Articles
December 2016
- Lupu, Tuttle, and Singling out Religion, 111 Northwestern University Law Review Online 41 (2016).
November 2016
- Greenawalt and the Place of Religion: Comment on the McElroy Lecture, University of Detroit Mercy School of Law, March 16, 2016, 93 University of Detroit Mercy Law Review 369 (2016).
- A Free Speech Response to the Gay Rights/Religious Liberty Conflict, Northwestern University Law Review (2016).
August 2016
- Kathleen Brady, the Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence, Journal of Religion (forthcoming).
May 2016
- A Zombie in the Supreme Court: The Elane Photography Cert Denial, 7 Alabama Civil Rights & Civil Liberties Law Review 77 (2015).
- Revenge Pornography and First Amendment Exceptions, 65 Emory Law Journal 661 (2016).
- Unparadoxical Liberalism, San Diego Law Review (forthcoming).
2015
Periodical Articles
December 2015
- Does Respect Require Antiperfectionism? Gaus on Liberal Neutrality, 22 Harvard Review of Philosophy 53 (2015).
- Is Hobby Lobby Worse for Religious Liberty Than Smith?, 9 St. Thomas Journal of Law & Public Policy 223 (2015) (Co-authored by: Frederick Mark Gedicks).
August 2015
- Gay Rights, Religious Accommodations, and the Purposes of Antidiscrimination Law, 88 Southern California Law Review 619 (2015).
June 2015
- The Piety of My Negative Judaism, 16 Rutgers Journal of Law & Religion 303 (2015).
May 2015
- Six Overrulings, 113 Michigan Law Review 1043 (2015).
April 2015
- Nonexistent and Irreplaceable: Keep the Religion in Religious Freedom, 142 Commonweal (Apr. 10, 2015).
January 2015
- “Religion” as a Bundle of Legal Proxies: Reply to Micah Schwartzman, 51 San Diego Law Review 1079 (2014).
- Theorists, Get Over Yourselves: A Response to Steven D. Smith, 41 Pepperdine Law Review 937 (2014).
- Beyond Levels of Scrutiny: Windsor and "Bare Desire to Harm", 64 Case Western Reserve Law Review 1045 (2014).
2014
Periodical Articles
December 2014
- Left-Evangelicalism and the Constitution, reviewing THE EVANGELICAL ORIGINS OF THE LIVING CONSTITUTION CONSTITUTION by John W. Compton, Cambridge, Mass.: Harvard University Press, 2014, Pp. 272, $45.00, 128 Harvard Law Review Forum 1 (2014).
October 2014
- Did the Law Professors Blow It in the Health Care Case?, 2014 University of Illinois Law Review 1273.
September 2014
- Ronald Dworkin, Religion, and Neutrality, 94 Boston University Law Review 1241-1253 (2014).
August 2014
- The Costs of the Public Good of Religion Should Be Borne by the Public, 67 Vanderbilt Law Review En Banc 185-187 (2014) (Co-authored by: Frederick Mark Gedicks).
- Invisible Women: Why an Exemption for Hobby Lobby Would Violate the Establishment Clause, 67 Vanderbilt Law Review En Banc 51-66 (2014) (Co-authored by: Frederick Mark Gedicks).
July 2014
- The Hobby Lobby Decision was a Victory for Human Rights, New Republic Online (June 30, 2014).
- The Supreme Court’s Hobby Lobby Decision Just Got a Whole Lot Worse, New Republic Online (July 4, 2014).
- Obamacare Opponents are Hurting 4.5 Million Workers to Win a Political War, New Republic Online (July 23, 2014).
May 2014
- Critical Exchange on Human Rights as Social Construction, Contemporary Political Theory doi:10.1057/cpt.2014.10 (May 20, 2014).
April 2014
- Stanley Fish as Lord Grantham, 9 Fiu Law Review 57-58 (2013).
March 2014
- Invisible Women: Why an Exemption for Hobby Lobby Would Violate the Establishment Clause, 67 Vanderbilt Law Review En Banc 51 (2014) (Co-authored by: Frederick Mark Gedicks).
January 2014
- “Freedom of the Church” and the Authority of the State, 21 Journal of Contemporary Issues 145-164.
2013
Books and other Monographs
March 2013
- The Tough Luck Constitution And The Assault On Health Care Reform (Oxford University Press 2013).
Contributions to Books etc.
June 2013
- "Necessary," "Proper", and Health Care Reform in The Health Care Case: The Supreme Court's Decision And Its Implications, edited by Nathaniel Persily, Gillian E. Metzger, and Trevor W. Morrison (Oxford University Press 2013) at Pages 105-119.
Periodical Articles
December 2013
- Religion’s Specialized Specialness, 79 University of Chicago Law Review Dialogue 71 (2013).
November 2013
- Darwell, Habermas, and the Fluidity of Respect, 26 Ratio Juris 523 (2013).
- Keep It Vague: The Many Meanings of Religious Freedom, 140 Commonweal (November 15, 2013).
- Why Scalia Should Have Voted to Overturn DOMA, 108 Northwestern University Law Review Colloquy 131 (2013).
August 2013
- Endorsing the Endorsement Test, 7 Charleston Law Review 710-725 (2013).
May 2013
- Veil of Ignorance: Tunnel Constructivism in Free Speech Theory, 107 Northwestern University Law Review 647-730 (2013).
February 2013
- And I Don’t Care What It Is: Religious Neutrality in American Law, 39 Pepperdine Law Review 1115 (2013).
SSRN
October 2013
June 2013
May 2013
April 2013
March 2013
2012
Books and other Monographs
December 2012
- Defending American Religious Neutrality (Harvard University Press 2013).
Newspaper Articles
June 2012
- Origins of a Healthcare Lie, Salon (May 31, 2012).
Other
July 2012
- Roberts’ Crafty Victory at SALON.COM (July 5, 2012).
- Uninsured Still Being Screwed at SALON.COM (July 2, 2012).
Periodical Articles
December 2012
- Originalism, Abortion, and the Thirteenth Amendment, 112 Columbia Law Review 1917-1945 (2012).
August 2012
- Justice Stevens, Religious Enthusiast, 106 Northwestern University Law Review 567-586 (2012).
July 2012
- Respect and Contempt in Constitutional Law, or, Is Jack Balkin Heartbreaking?, 71 Maryland Law Review 1126-1143 (2012).
April 2012
- Response [to Elizabeth M. Glazer]: Sexual Disorientation, 100 Georgetown Law Journal 1083-1091 (2012).
March 2012
- Waldron, Responsibility-Rights, and Hate Speech, 43 Arizona State Law Journal 1201-1221 (2011).
SSRN
December 2012
November 2012
September 2012
January 2012
2011
Books and other Monographs
November 2011
- Andrew Koppelman, Richard W. Garnett are the editors of First Amendment Stories (Foundation Press 2012) (Co-authored by: Richard W. Garnett).
Contributions to Books etc.
November 2011
- The Story of Welsh v. United States: Elliott Welsh’s Two Religious Tests in First Amendment Stories, edited by Andrew Koppelman and Richard W. Garnett (Foundation Press 2012) at Pages 294-318.
Periodical Articles
May 2011
- Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform, Yale Law Journal Online.
January 2011
- Why Jack Balkin is Disgusting, 27 Constitutional Commentary 177-187 (2010).
SSRN
May 2011
February 2011
2010
Contributions to Books etc.
December 2010
- Forced Labor, Revisited: The Thirteenth Amendment and Abortion in The Promises of Liberty: The History And Contemporary Relevance of The Thirteenth Amendment, edited by Alexander Tsesis (Columbia University Press 2010).
Newspaper Articles
July 2010
- Defense of Marriage Act’s Achilles Heel, Los Angeles Times (July 14, 2010).
Periodical Articles
May 2010
- The Nonproblem of Fundamentalism, 18 William & Mary Bill of Rights Journal 915-923 (2010).
SSRN
July 2010
January 2010
2009
Books and other Monographs
June 2009
- A Right To Discriminate? How The Case Of Boy Scouts Of America V. James Dale Warped The Law Of Free Association (Yale University Press 2009) (Co-authored by: Tobias Barrington Wolff).
Periodical Articles
September 2009
- The Limits of Constructivism: Can Rawls Condemn Female Genital Mutilation?, 71 Review of Politics 459-482 (2009) Available at SSRN: http://ssrn.com/abstract=1022132.
August 2009
- Phony Originalism and the Establishment Clause , 103 Northwestern University Law Review 727-750 (2009) Available at SSRN: http://ssrn.com/abstract=1022132.
July 2009
- Religious Establishment and Autonomy , 25 Constitutional Commentary 291-295 (2009) Available at SSRN: http://ssrn.com/abstract=1022132.
May 2009
- Corruption of Religion and the Establishment Clause , 50 William And Mary Law Review 1831-1935 (2009).
January 2009
- The Troublesome Religious Roots of Religious Neutrality, 84 Notre Dame Law Review 865-886 (2009).
book review
- Naked Strong Evaluation (book review of Charles Taylor, A Secular Age), 56 Dissent 105 (Winter 2009).
SSRN
November 2009
2008
Periodical Articles
June 2008
- Expressive Association and the Ideal of the University in the Solomon Amendment Litigation , 25 Social Philosophy and Policy 92-122 (2008) (Co-authored by: Tobias Barrington Wolff ).
May 2008
- Is Pornography “Speech”?, 14 Legal Theory 71-89 (2008).
- The Limits of Strategic Litigation, 17 Law & Sexuality 1-5 (2008).
February 2008
- Why Phyllis Schlafly is Right (But Wrong) About Pornography, 31 Harvard Journal of Law & Public Policy 105-125 (2008).
- Eros, Civilization, and Harry Clor , 31 New York University Review of Law & Social Change 855-864 (2007).
January 2008
- Free Speech and Pornography: A Response to James Weinstein, 31 New York University Review of Law & Social Change 899-910 (2007).
SSRN
May 2008
February 2008
2007
Contributions to Books etc.
January 2007
- The Defense of Marriage Act: Federal Level in Defending Same-sex Marriage, edited by Mark Strasser (Praeger 2007) at Volume 1, Pages 141-160.
Periodical Articles
August 2007
- On Affirmative Action and “Truly Individualized Consideration”, 101 Northwestern University Law Review 1469-1481 (2007) (Co-authored by: Donald Rebstock ).
May 2007
- Reading Lolita at Guantanamo or, This Page Cannot Be Displayed, 57 Syracuse Law Review 209-225 (2007).
April 2007
- Justice for Large Earlobes! A Comment on Richard Arneson’s “What is Wrongful Discrimination?” , 43 San Diego Law Review 809-815 (2006).
March 2007
- The Difference the Mini-DOMAs Make , 38 Loyola University Chicago Law Journal 265-278 (2007).
January 2007
- You Can’t Hurry Love: Why Antidiscrimination Protections for Gay People Should Have Religious Exemptions , 72 Brooklyn Law Review 125-146 (2006).
2006
Books and other Monographs
November 2006
- Same Sex, Different States: When Same-sex Marriages Cross State Lines (Yale University Press 2006).
Newspaper Articles
November 2006
- States Will Have to Recognize Same-Sex Relationships , Chicago Sun Times (November 18, 2006).
July 2006
- Clean water is symbol of the power of the people, San Francisco Chronicle (July 23, 2006 ) (Co-authored by: David Dana).
Periodical Articles
December 2006
- On Affirmative Action and "Truly Individualized Consideration" , 2006 Northwestern University Law Review Colloquy 6 (Co-authored by: Donald Rebstock ).
April 2006
- Reading Lolita at Guantanamo, Dissent (Spring 2006).
- Is It Fair to Give Religion Special Treatment?, 2006 University of Illinois Law Review 571.
January 2006
- Drug Policy and the Liberal Self, 100 Northwestern University Law Review 279-293 (2006).
2005
Contributions to Books etc.
September 2005
- The Rule of Lawrence in In The Future of Gay Rights In America, edited by Harry Hirsch (Routledge 2005) at Pages 151-168.
March 2005
- The Legal Debate Over Same-Sex Marriages in 2005 Encyclopedia Britannica Book of The Year at Page 206.
Newspaper Articles
August 2005
- Darwin Inherits Galileo's Detractors, Chicago Tribune (August 21, 2005).
Periodical Articles
July 2005
- Interstate Recognition of Same-Sex Marriages and Civil Unions: A Handbook for Judges, 153 University of Pennsylvania Law Review 2143-2194 (2005).
- The Decline and Fall of the Case Against Same-Sex Marriage, 2 University of St. Thomas Law Journal 5-32 (2004).
June 2005
- Does Obscenity Cause Moral Harm?, 105 Columbia Law Review 1635-1679 (2005) Available at SSRN: http://ssrn.com/abstract=1022132.
February 2005
- Interstate Recognition of Same-Sex Civil Unions After Lawrence v. Texas, 65 Ohio State Law Journal 1265-1282 (2004).
- Should Noncommercial Associations Have an Absolute Right to Discriminate?, 67 Law & Contemporary Problems 27-57 (2004).
January 2005
- Are the Boy Scouts Being as Bad as Racists? Judging the Scouts' Antigay Policy, 18 Public Affairs Quarterly 363 (2004).
- The Fluidity of Neutrality, 66 Review of Politics 633-648 (2004).
2004
Newspaper Articles
February 2004
- Perspectives on Same Sex Marriage: An Amendment that Would Freeze the Will of the People, San Francisco Chronicle (February 10, 2004) (Co-authored by: Steven Lubet) .
Periodical Articles
August 2004
- Civil Conflict and Same-Sex Civil Unions, 14 The Responsive Community 20-25 (2004).
April 2004
- How "Decentralization" Rationalizes Oligarchy: John McGinnis and the Rehnquist Court, 20 Constitutional Commentary 11-37 (2003).
- Lawrence's Penumbra, 88 Minnesota Law Review 1171 (2004).
2003
Contributions to Books etc.
May 2003
- Discrimination Against Gays Is Sex Discrimination in Marriage And Same-sex Unions: A Debate, edited by Lynn D. Wardle, Mark Strasser, William C. Duncan, and David Orgon Coolidge (Praeger 2003) at Pages 209-220.
- Reply to "The Constitutionality of Legal Preferences for Heterosexual Marriage" in Marriage And Same-sex Unions: A Debate, edited by Lynn D. Wardle, Mark Strasser, William C. Duncan, and David Orgon Coolidge (Praeger 2003) at Pages 241-243.
April 2003
- Homosexual Conduct: A Reply to the New Natural Lawyers in Same Sex: Debating The Ethics, Science And Culture of Homosexuality (Rowman and Littlefield 1997) .
Newspaper Articles
November 2003
op-ed piece
- Distorting the Same-Sex Marriage Decision, Chicago Tribune (November 23, 2003) .
Periodical Articles
November 2003
- Defending the Sex Discrimination Argument for Lesbian and Gay Rights: A Reply to Edward Stein, 1 The Dukeminier Awards: Best Sexual Orientation Law Review Articles of 2001 49-68 (2002).
July 2003
- No Expressly Religious Orthodoxy: A Response to Steven D. Smith, 78 Chicago-kent Law Review 729-738 (2003).
January 2003
- The Right to Privacy?, 2002 University of Chicago Legal Forum 105-117 (2002).
2002
Books and other Monographs
May 2002
- The Gay Rights Question In Contemporary American Law (University of Chicago Press 2002).
Periodical Articles
September 2002
- Signs of the Times: Dale v. Boy Scouts of America and the Changing Meaning of Nondiscrimination, 23 Cardozo Law Review 1819 (2002).
March 2002
- Secular Purpose, 88 Virginia Law Review 87-166 (2002).
2001
Contributions to Books etc.
December 2001
- The Miscegenation Analogy in Europe, or, Lisa Grant meets Adolph Hitler in Legal Recognition of Same-sex Partnerships: A Study of National, European And International Law, edited by Robert Wintemute and Mads Andenaes (Hart Publishing 2001) at Pages 623-633.
Periodical Articles
December 2001
- Defending the Sex Discrimination Argument for Lesbian and Gay Rights: A Reply to Edward Stein, 49 Ucla Law Review 519-538 (2001).
August 2001
- Measured Endorsement, 60 Maryland Law Review 713-760 (2001) (Co-authored by: Shari Seidman Diamond) .
- On the Moral Foundations of Legal Expressivism, 60 Maryland Law Review 777-784 (2001) .
May 2001
- Talking to the Boss: On Robert Bennett and the Counter-Majoritarian Difficulty, 95 Northwestern University Law Review 955-960 (2001) .
2000
Contributions to Books etc.
October 2000
- Full Faith and Credit Clause in The Constitution And Its Amendments, edited by Roger K. Newman (Macmillan Reference USA 1999) at Volume 2, Pages 51-52.
- Baehr v. Lewin in Encyclopedia of The American Constitution, 2nd ed., edited by Leonard W. Levy and Kenneth L. Karst (Macmillan Reference USA 2000) at Volume 1, Page 147.
Periodical Articles
June 2000
- Why Gay Legal History Matters, 113 Harvard Law Review 2035-2060 (2000).
March 2000
- Feminism and Libertarianism: A Response to Richard Epstein, 1999 University of Chicago Legal Forum 115-132 (1999).
1999
Periodical Articles
July 1999
- Akhil Amar and the Establishment Clause, 33 University of Richmond Law Review 393-405 (1999) .
1997
Periodical Articles
December 1997
- Is Marriage Inherently Heterosexual?, 42 American Journal of Jurisprudence 51-96 (1997).
1995
Periodical Articles
December 1995
- Gaze in the Military: A response to Professor Woodruff, 64 Umkc Law Review 179-193 (1995-1996).
1994
Periodical Articles
May 1994
- Why Discrimination against Lesbians and Gay Men is Sex Discrimination, 69 New York University Law Review 197-287 (May 1994).
1992
Periodical Articles
December 1992
- Sex Equality and/or the Family: From Bloom vs. Okin to Rousseau vs. Hegel, 4 Yale Journal of Law & The Humanities 399-432 (1992).