"Takings and the Problem of Value: Grappling with Truth in Land-Restriction Cases," 11 Vermont Journal of Environmental Law 465 (2010).

"Judicial Takings: A Medley of Misconceptions Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection," 61 Syracuse Law Review 203 (2011).

"A Statement of Progressive Property," (with Gregory Alexander and Eduardo Penalver) 94 Cornell Law Review 743 (2009).

"Property as Constitutional Myth: Utilities and Dangers," 92 Cornell Law Review 1239 (2007).

"Human Genetics Studies: The Case for Group Rights," 35 Journal of Law, Medicine & Ethics 383 (2007).

"Lessons from Outlaws," 156 University of Pennsylvania Law Review (Pennumbra) 262 (2007).

"Religious Exemptions and the Common Good: A Reply to Professor Carmella," 110 West Virginia Law Review 449 (2007).

"Kelo's Moral Failure," 15 William and Mary Bill of Rights Journal 377 (2006).

"Through a Glass Darkly: Van Orden, McCreary, and the Dangers of Transparency in Establishment Clause Jurisprudence, 5 First Amendment Law Review 59 (2006).

"The Just and the Wild," 18 Yale Journal of Law & the Humanities 171 (2006).

"Tahoe's Requiem: The Death of the Scalian View of Property and Justice," 21 Constitutional Commentary 727 (2004).

"Davey and the Limits of Equality," 40 Tulsa Law Review 267 (2004).

"Thoughts on Smith and Religious-Group Autonomy," 5 Brigham Young University Law Review 1773 (2004).

"The 'Blaine' Debate: Must States Fund Religious Schools?," 2 First Amendment Law Review 179 (2003).

"Moral Rights, Judicial Review, and Democracy: A Response to Horacio Spector," 22 Law and Philosophy 335 (2003).

"Public Funding for Religious Schools: Difficulties and Dangers in A Pluralistic Society," 27 Oxford Review of Education 577 (2001).

"The Price of Vouchers for Religious Freedom," 78 University of Detroit Mercy Law Review 463 (2001).

"When Should Rights Trump? An Examination of Speech and Property," (adapted from Edward S Godfrey Endowed Lecture), 52 Maine Law Review 311 (2000).

"Vouchers and Beyond: The Individual as Causative Agent in Establishment Clause Jurisprudence," 75 Indiana Law Journal 167 (2000).

"Agentic and Conscientic Decisions in Law: Death and Other Cases," 74 Notre Dame Law Review 1713 (1999).

"Religious Guarantees in a Pluralistic Society: Values, Problems, and Limits," 12 South African Public Law 32 (1997).

"Takings and the Nature of Property," 9 Canadian Journal of Law and Jurisprudence 161 (1996).

"Property: A Special Right," 71 Notre Dame Law Review 1033 (1996).

"Yoder and the Question of Equality," 25 Capital University Law Review 789 (1996).

"The Separation of the Religious and the Secular: A Foundational Challenge to First Amendment Theory," 36 William and Mary Law Review 837 (1995).

"Individual Conscience and the Law," 42 DePaul Law Review 93 (1992).

"On Property: An Essay," 100 Yale Law Journal 127 (1990).

"Discrimination on the Basis of Religion: An Examination of Attempted Value Neutrality in Employment," 30 William & Mary Law Review 581 (1989).

Review of Robert M. Fogelson, Bourgeois Nightmares: Suburbia, 1870-1930, 25 Law and History Review 426 (2007).

"Telling Property Stories," 55 Journal of Legal Education 152 (2005) (reviewing Property Stories, Gerald Korngold & Andrew P. Morriss, eds. 2004).

"Religion, History, and the Constitution," 16 Journal of Law and Religion 559 (2001) (reviewing Religion and the Continental Congress, 1774-1879: Contributions to Original Intent, by Derek H. Davis, 2000).

"The Perfidy of Property," 70 Texas Law Review 293 (1991) (reviewing: Private Property and the Limits of American Constitutionalism, by Jennifer Nedelsky, University of Chicago Press, 1990).