For selected downloads, click here.
Martin Buber and the Existential Encounter of Religion and State, Marginalia, 2021 (forthcoming).
COVID-19 and Religious Liberty, Canopy Forum, August 2020, available here.
Law Clerks: A Jurisprudential Lens, 88 George Washington University Law Review Arguendo 54(2020) (Clerks at 100 Symposium), available here and here
Corporations, in Routledge Companion to Economic Theology (Stefan Schwarzkopf, ed., 2020), available here. (Book available here).
Ironies in the City: Reflections on Stephen Smith's Pagans and Christians in the City, 57 Journal of Catholic Legal Studies 3 (2019), available here and here.
Encounters on shifting ground, The Immanent Frame, March 13, 2019, https://tif.ssrc.org/2019/03/13/encounters-on-shifting-ground/
Establishment and Encounter, in Research Handbook on Law and Religion 125-153 (Edward Elgar Publishing, Rex Ahdar, ed., 2018), available here.
Jury Nullification: Features, Bugs, and the Possibility of Granular Law, 16 Law, Culture, and the Humanities (solicited essay for special section on jury nullification, edited by Austin Sarat), available here, OnlineFirst version available at https://doi.org/10.1177/1743872118776381.
Scopes of Religious Exemption: A Normative Map, in Religious Exemptions (Oxford University Press, forthcoming 2017) (Papers from the 2015 Bowling Green Workshop in Applied Ethics and Public Policy on “The Scope of Religious Exemptions.”) (2018), available here.
Master Metaphors and Double Coding, 53 San Diego Law Review 53 (2016) (Symposium Issue on Law and Religion), available here and here.
Foreword: On Religious Constitutionalism,16 Rutgers Journal of Law and Religion 460 (2015), available here.
Judaism, Pluralism, and Constitutional Glare, Rutgers Journal of Law and Religion, 16 Rutgers Journal of Law and Religion 282 (2015) (Symposium Issue on “People of the Book: Judaism's Influence on American Legal Scholarship”), available here.
Prayer is Serious Business: Reflections on Town of Greece, 15 Rutgers Journal of Law and Religion 611 (2014), available here and here.
Saving Rutgers-Camden (with Allan Stein and Robert F. Williams), 44 Rutgers Law Journal 337 (2014), available here.
Nature, Equality, and Same-Sex Marriage, 62 Buffalo Law Review 291 (2014), available here.
The Natural Law Challenge to Choice of Law, in Ethics in International Law (Donald E. Childress, ed., a volume in ASIL Studies in International Legal Theory, Cambridge University Press, 2011), available here.
Review of Abduallahi Ahmed An-Na?im, Islam and the Secular State: Negotiating the Future of Shari?a (Harvard University Press, 2008), in Ancient Traditions: New Conversations, the Blog of the Center for Jewish Law and Contemporary Civilization at Cardozo Law School, available here.
Conflict of Laws in A Companion to the Philosophy of Law and Legal Theory (Second Edition) (Dennis Patterson, ed., a volume in the Blackwell Companions to Philosophy Series, Blackwell Publishers, 2009), available here.
Constitutional Law and Religion in A Companion to the Philosophy of Law and Legal Theory (Second Edition) (Dennis Patterson, ed., a volume in the Blackwell Companions to Philosophy Series, Blackwell Publishers, 2009), available here.
Take These Words: The Abiding Lure of the Hebrew Bible In-Itself, 4 Hebraic Political Studies 230-265 (2009) (Symposium Issue on “The Hebrew Bible in Contemporary Intellectual Discourse”), available here.
A Holy Secular Institution, 58 Emory Law Journal 1123 (2009), available here.
Joseph Henry Beale, Jr., in The Yale Biographical Dictionary of American Law 31 (Roger K. Newman, ed., Yale University Press 2009), available here.
West Virginia State Board of Education v. Barnette, Encyclopedia of the Supreme Court of the United States 217 (David S. Tanenhaus, ed., Gale 2008), available here.
Flags in Context: A Discussion of Design, Genre, and Aesthetics, 15 Raven: A Journal of Vexillology 43 (2008), available here.
Sad Time: Thoughts on Jurisdictionality, the Legal Imagination, and Bowles v. Russell, 102 Northwestern University Law Review Colloquy 164 (2008) here and here.
Separation Anxiety, 22 Journal of Law and Religion 545 (2007) (review essay on Noah Feldman, Divided by God: America’s Church-State Problem), available here.
Exemptions for Religion Contained in Regulatory Statutes, in 1 The Encyclopedia of American Civil Liberties 559 (Paul Finkelman, ed., Routledge 2006), available here.
Hernandez v. Commissioner of Internal Revenue 490 U.S. 680 (1989), in 2 The Encyclopedia of American Civil Liberties 761 (Paul Finkelman, ed., Routledge 2006), available here.
Zablocki v. Redhail, 434 U.S. 374 (1978), in 3 The Encyclopedia of American Civil Liberties 1811 (Paul Finkelman, ed., Routledge 2006), available here.
A Fountain of Renewal, in The Common Man as Uncommon Man: Remembering Justice William J. Brennan, Jr. 71 (E. Joshua Rosenkranz and Thomas M. Jorde, eds., William J. Brennan Center for Justice 2006)
“Omalous” Autonomy, 2004 Brigham Young University Law Review 1715 (Symposium Issue on “Church Autonomy”), available here.
Magic and Ritual on Yom Kippur, 8 Kerem: Creative Explorations in Judaism 116 (2002)
Book Review, 17 Journal of Law and Religion 207 (2002) (reviewing Abraham Hirsch Rabinowitz, The Study of Talmud: Understanding the Halakhic Mind).
The Varieties of Religious Autonomy, in Church Autonomy: A Comparative Survey 117 (Gerhard Robbers, ed., Peter Lang Publishers 2001) (Collected Papers of the Second European/American Conference on Religious Freedom: Church Autonomy and Religious Liberty, held in 1999 at the University of Trier).
The Intersecting Worlds of Religious and Secular Marriage, in Law and Religion: Current Legal Issues, Vol. 4, at 385 (Richard O’Dair & Andrew Lewis, eds., Oxford University Press 2001) (Collected Papers of the Fourth Current Legal Issues Colloquium, held in 2000 at the Faculty of Laws, University College, London).
Bugliosi’s Chaotic Book Evaluates Flaws in Bush v. Gore, The Legal Intelligencer, June 22, 2001, at 7 (reviewing Vincent Bugliosi, The Betrayal of America: How the Supreme Court Undermined the Constitution and Chose Our President).
Pluralities of Justice, Modalities of Peace: The Role of Law(s) in a Palestinian-Israeli Accommodation, 32 Case Western Reserve Journal of International Law 273 (2000), availablehere.
Whereof One Cannot Speak: Legal Diversity and the Limits of a Restatement of Conflict of Laws, 75 Indiana Law Journal 511 (1999) (Symposium Issue on a Third Restatement of Conflict of Laws).
Spirited Debate: A Comment on Edward Foley’s Jurisprudence and Theology, 66 Fordham Law Review 1213 (1998) (Symposium Issue on “The Relevance of Religion to a Lawyer’s Work: An Interfaith Conference”)
Remarks, Memorial Proceedings before the New Jersey Supreme Court for the Honorable William J. Brennan, Jr. (Nov. 18, 1997), in 158 New Jersey Reports., at pp. xxvii, xxxix-xliii (1999)
The Corporation Sole and the Encounter of Law and Church, in Sacred Companies: Organizational Aspects of Religion and Religious Aspects of Organizations 50 (Nicholas Jay Demerath III, Peter Dobkin Hall, Terry Schmitt, & Rhys H. Williams., eds., under the auspices of the Project on Religious Institutions, Program on Non-Profit Organizations, Institution for Social and Policy Studies, Yale University, Oxford University Press 1998)
Sovereign Dignity and Glorious Chaos: A Comment on the Interjurisdictional Implications of the Entire Controversy Doctrine, 28 Rutgers Law Journal 173 (1996) (Symposium Issue on the “Entire Controversy Doctrine”)
The Public, the Private, and The Sacred: Variations on a Theme of Nomos and Narrative, 8 Cardozo Studies in Law and Literature 15 (1996) (Commemorative Volume on the Tenth Anniversary of the Death of Robert M. Cover)
Conflict of Laws in A Companion to the Philosophy of Law and Legal Theory 209 (Dennis Patterson, ed., a volume in the Blackwell Companions to Philosophy Series, Blackwell Publishers, 1996).
Constitutional Law and Religion in A Companion to the Philosophy of Law and Legal Theory 113 (Dennis Patterson, ed., a volume in the Blackwell Companions to Philosophy Series, Blackwell Publishers, 1996).
Jurisdictionality, Time, and the Legal Imagination, 23 Hofstra Law Review 1 (1994).
The Yoke of Heaven, The Question of Sinai, and the Life of Law, 44 University of Toronto Law Journal 353 (1994), available here.
Correspondence, Reconstruction, Vol. 1, issue 4, at 3 (1992) (invited comments on Ian Haney-LÃ³pez, Community Ties, Race, and Faculty Hiring: The Case for Professors Who Don’t Think White, Reconstruction, Vol. 1, issue 3, at 46 (1991)).
The Oral Law and the Jurisprudence of a Textless Text, S’vara: A Journal of Philosophy, Law, and Judaism, Vol. 2, No. 2, Winter 1991, at 11, available here.
Maps of Sovereignty: A Meditation, 12 Cardozo Law Review 959 (1991).
Vested Rights, “Vestedness,” and Choice of Law, 96 Yale Law Journal 1191 (1987).
reprinted in part in A Conflict-of-Laws Anthology 292 (Gene R. Shreve, ed., Anderson Publishing Co., 1997)
D’var Torah on Parsha Nitzavim (Deuteronomy 29:9-30:20), 1 Orim: A Jewish Journal at Yale 124 (Spring 1985).
Note, Religious Exemptions Under the Free Exercise Clause: A Model of Competing Authorities, 90 Yale Law Journal 350 (1980).
The “Prime Derivative,” 7 Journal of Recreational Mathematics 111 (1974).
Unpublished Essays and Talks Available Online:
“Robert Cover and Legal Pluralism,” available here.
“Doctrine and Deep Structure in the Contraception Mandate Debate,” available here.
“Christmas,” available here.
Divrei Torah (Sermons) Available Online:
“‘Hanging by A Thread’: A D’var Torah on Parshat Lech Lecha” (1998, rev. 2019), available here.
“‘Avinu, Malkeinu, Kin(g) of All the Earth’: A Yom Kippur D’var Torah” (2002, revised 2019), available here.
“Echad: A D’var Torah on Parshat Vaetchanan” (2019), available here.
“Names and Numbers: A D’var Torah on Parshat Bamidbar” (2018, revised 2019), available here.
“‘A Thousand and One Reasons to Hope’: A D’var Torah on Parshat Emor” (2019), available here.
“I Am Your God: A D’var Torah on Parshat Yitro” (2019), available here.
“The Magic of Mercy: A Yom Kippur D’Var Torah,” available here.
“The Son You Love: A D'var Torah on Parshat Vayera,” available here.
“Playacting: A D’var Torah on Parshat Hukkat,” available here.
"Call and Response: A D'var Torah on Parshat Vayechi," available here.
“My Name is Great Among the Nations: A D’Var Torah on Parshat Toldot,” available here.
“The Hearts of the Parents to Their Children; the Hearts of the Children to Their Parents: D’Var Torah for Shabbat Hagadol,” available here.
“My Signs That I Have Done among Them: A D'Var Torah on Parshat Bo,” available here.
“The Spark of Intimate Resemblance: A Shabbat HaGadol D’Var Torah on Parshat Tzav,” available here.
Selected other invited contributions to group blogs:
Selected other invited contributions to Group Blogs:
Berkley Center for Religion, Peace, and World Affairs at Georgetown University
Masterpiece Cakeshop and the Costs of Weaponization (July 2, 2018), https://berkleycenter.georgetown.edu/responses/masterpiece-cakeshop-and-...
The Battlefields of Hobby Lobby, (June 30, 2016) https://www.religiousfreedominstitute.org/cornerstone/2016/6/30/the-batt...
Law and Religion Forum, St. John’s Law School Center for Law and Religion
author archive at http://clrforum.org/author/perrydane
Subway Ads and Mental Maps (December 22, 2014), https://lawandreligionforum.org/2014/12/22/subway-ads-and-mental-maps
The Polygamy (aka “Religious Cohabitation”) Decision (December 16, 2013), https://lawandreligionforum.org/2013/12/16/polygamy
“Prayer is Serious Business” (December 2, 2013), https://lawandreligionforum.org/2013/12/02/prayer-is-serious-business
The Parsonage Exemption and Constitutional Glare (November 27, 2013), https://lawandreligionforum.org/2013/11/27/parsonage-exemption
Prophets in the Public Square — Part III (October 28, 2013), https://lawandreligionforum.org/2013/10/28/prophets-in-the-public-square...
Prophets in the Public Square — Part II (October 27, 2013), https://lawandreligionforum.org/2013/10/27/prophets-in-the-public-square...
Prophets in the Public Square — Part I (October 27, 2013), https://lawandreligionforum.org/2013/10/27/prophets-in-the-public-square...
Religious Division and Identity – Richard III and the Rest of Us – Part IV (October 17, 2013), https://lawandreligionforum.org/2013/10/17/religious-division-part-iv
Religious Division and Identity – Richard III and the Rest of Us – Part III (October 7, 2013), https://lawandreligionforum.org/2013/10/07/religious-division-part-iii
Religious Division and Identity – Richard III and the Rest of Us – Part II (October 4, 2013), https://lawandreligionforum.org/2013/10/04/religious-division-pt-ii
Religious Division and Identity – Richard III and the Rest of Us – Part I (August 14, 2013), https://lawandreligionforum.org/2013/08/14/religious-division-pt-i
Religious Left Law: http://www.religiousleftlaw.com
author archive at http://www.religiousleftlaw.com/perry-dane
Christmas, again (December 25, 2017), http://www.religiousleftlaw.com/2017/12/christmas-again.html
The Immigration Executive Order and the Structural Establishment Clause (February 7, 2017), http://www.religiousleftlaw.com/2017/02/the-immigration-executive-order-...
Reasonable and Unreasonable Postmodernisms (January 25, 2017), http://www.religiousleftlaw.com/2017/01/postmodernisms.html
‘The Holidays’ (January 9, 2017), http://www.religiousleftlaw.com/2017/01/the-holidays.html
The Bathroom Wars (May 23, 2016), http://www.religiousleftlaw.com/2016/05/bathroom-wars-perry-dane.html
‘Decent and honorable religious or philosophical premises’ (June 26, 2015), http://www.religiousleftlaw.com/2015/06/decent-and-honorable.html
Justice Kennedy on Same-Sex Marriage (June 26, 2015), http://www.religiousleftlaw.com/2015/06/justice-kennedy-on-same-sex-marr...
More on an Rewinding the Tape (June 3, 2014), http://www.religiousleftlaw.com/2014/06/more.html
Justice Thomas, Town of Greece, and Rewinding the Tape (June 2, 2014), http://www.religiousleftlaw.com/2014/06/thomas-town-of-greece.html
Town of Greece (May 18, 2014), http://www.religiousleftlaw.com/2014/05/town-of-greece.html
The Parsonage Exemption and Constitutional Glare (November 28, 2013), http://www.religiousleftlaw.com/2013/11/a-few-days-ago-a-federal-distric...
‘vicious verbal assault’ (March 2, 2011), http://www.religiousleftlaw.com/2011/03/vicious-verbal-assault.html
Activity, Inactivity, and Libertarianism (February 2, 2011), http://www.religiousleftlaw.com/2011/02/libertarianism.html
Activity, Inactivity, and Constitutional Limits (February 2, 2011), http://www.religiousleftlaw.com/2011/02/inactivity.html
Civility (February 1, 2011), http://www.religiousleftlaw.com/2011/02/civility.html
The Commerce Clause, Libertarianism, and the Good Life (December 14, 2010), http://www.religiousleftlaw.com/2010/12/libertarianism.html
That holiday in December that falls a week before New Year's Day (December 2, 2010), http://www.religiousleftlaw.com/2010/12/december.html
Secular winds (November 28, 2010), http://www.religiousleftlaw.com/2010/11/secular-winds.html
Left (November 18, 2010), http://www.religiousleftlaw.com/2010/11/left.html
Newspaper and Online Columns:
The Christian tone of Bruce Springsteen’s Super Bowl ad was meaningful, not exclusionary, The Forward, February 17, 2021, available here.
Amanda Gorman’s inauguration poem was a beautiful and mighty — no matter what your religion may be, The Forward, January 25, 2021, available here.
Can Supreme Court Take a Lesson from Jewish Law on Scalia Replacement?, The Forward, February 22, 2016, available here.
Natural, Civil, and Religious: Bridging the Divide over Same-Sex Marriage, Rutgers-Camden News Now, March 2013, available here.
The Chief Justice and the Individual Mandate, WHYY NewsWorks, June 29, 2012, availablehere.
Living With the Tension, The Jewish Daily Forward, March 23, 2012, p. 9, available here.
Stevens retirement a "poignant moment" for Rutgers–Camden law professor, Rutgers-Camden Faculty Experts Blog, available here.
Some Class Day Thoughts on Law, Religion, Rutgers, and the RJLR, Alumni Newsletter of the Rutgers Journal of Law and Religion. Fall 2009, p. 6, available here.
Walls: Meditations from Israel, The Philadelphia Jewish Voice, # 21, March 2007, availablehere.
O’Connor’s opinions are her legacy: Justice pushes rest of Supreme Court toward her view of social solidarity, Philadelphia Inquirer, July 16, 2003, A17.
Where do we go from here? Postelection thoughts, Rutgers Focus, January 19, 2001, at 4 (one of six short comments by Rutgers faculty), available here.
Bush vs. Gore: What Matters Most: Bush spurring fear on courts and economy, Philadelphia Inquirer, October 29, 2000, at E7 (one of two capstone columns in series on presidential race).
An awkwardly timed State of the Union: Combining pageantry and politics, Philadelphia Inquirer, January 20, 1999, at A19.
In the Senate, compromise is just a few good words away, Philadelphia Inquirer, January 3, 1999, at E7 (discussing proceedings against President Clinton).
Presidents, prosecutors, and the rule of law: Clinton and Starr have both abused honorable precepts, Philadelphia Inquirer, September 21, 1998, at A13.
A judge who was honest with the law and himself, Philadelphia Inquirer, August 3, 1997, at E7 (remembrance of Justice William J. Brennan, Jr.).
The latest attempt to betray Native Americans, Hartford Courant, May 29, 1991, at D13.
Newspaper and Magazine Letters:
Contemplating the End, Letter to the Editor, The New York Times Book Review, September 20, 2020, at BR5, available here.
The “defeated and overturned crown,” Vexillum 11, Fall 2020 (forthcoming).
Warren is not a mere pretender to Indian ancestry, The Washington Post, October 22, 2018, at , available here.
No, DC’s Museum Of The Bible Doesn’t Violate Separation Of Church And State, The Forward (online edition), January 2, 2018, available here.
State Senator’s Op-Ed Off the Mark, Letter to the Editor, Jewish Exponent, February 2, 2017, at 19, available here.
On Hart Island, Missed Friends and Common Graves, Letter to the Editor, The New York Times, June 6, 2016, at A20, available here.
Deli and Synagogue, Letter to the Editor, The New York Times Book Review, November 1, 2015, at BR6, available here.
Civil and Religious Marriage, Letter to the Editor, The New York Times, January 14, 2015, available here,
Competing Ethics, Letter to the Editor, The New Yorker, June 23, 2014, at 6, available here.
Judaism and DNA, Letter to the Editor, Science Section, The New York Times, June 11, 2013, at D3, available here.
Rutgers Compact, Letter to the Editor, The Star-Ledger, July 12, 2012, available here.
Destructive Merger Unnecessary, Letter to the Editor, Philadelphia Inquirer, March 18, 2012, at C5, available here.
The Atheist Who Challenged Cranston, Letter to the Editor, The New York Times, February 1, 2012, at A26 , available here.
Rush Is Just Getting Warmed Up, The New York Times Magazine, July 20, 2008, at 8 available here.
Architects and Ethics: One Dilemma Too Many, Letter, Arts & Leisure Section, The New York Times, June 29, 2008, at 2, available here.
Are You There, God?, Letter to the Editor, The New York Times Book Review, May 27, 2007, at 5 (commenting on Michael Kinsley’s review of Christopher Hitchens, God Is Not Great (2007)), available here.
Science and the Bible, Letter to the Editor, Academe, May-June 2007 (discussing teaching science to Biblical “literalists”), available here.
Church and State: Tipping a Delicate Balance?, Letter to the Editor, The New York Times, October 15, 2006, §4, p. 11.
Enshrining the Names of 9/11, Letter to the Editor, The New York Times, July 7, 2006, §A, p. 16.
Jews and the Covenant, Correspondence, First Things, February 2006, at 5 (responding to Cardinal Avery Dulles’s article on “The Covenant with Israel.”), available here.
Undue Burden, Correspondence, The New Republic, December 19, 2005, at 4.
Sorting Out the Shoots, Correspondence, The Weekly Standard, Vol. 11, Issue 3, October 3, 2005, at 5.
“Magdalene Sisters”: Fires of Hell, Letter, Arts & Leisure Section, The New York Times, August 17, 2003, § 2, p. 2.
Meaningless Label, Letter to the Editor, Philadelphia Inquirer, August 17, 2003, §C, p. 4.
To Right the Wrongs of Slavery, Letter to the Editor, The New York Times, May 31, 2000, at § A, p. 26 (discussing reparations for African-Americans).
School Prayer Can Both Exclude and Coerce; No Amendment Needed, Letter to the Editor, The New York Times, Nov. 27, 1994, § 4, p. 10.
Selected Interviews and Podcasts:
The Constitutional Questions Behind Donald Trump’s Impeachment, Rutgers Today, February 7, 2021, https://tinyurl.com/yrv6solo
Rutgers U. Prof. of Constitutional Law-Perry Dane, “What’s Next” 136 with Matt Deal on WHIS NewsTalk Radio (Bluefield, West Virginia), https://www.whistalkradio.com/episode/whats-next-136-rutgers-u-prof-of-c...
Rachel Bucchino, Will Congress Move to Censure Donald Trump, The National Interest, January 29, 2021, https://nationalinterest.org/feature/will-congress-move-censure-donald-t...
Is Everything You Say Protected by the First Amendment?, SJ Magazine (New Jersey), January 26, 2021, https://fb.watch/3gjseX8ZQw/ (video)
A historic 2nd impeachment could end Trump's presidential ambition, says Rutgers expert, KYW NewsRadio (Philadelphia), January 13, 2021, https://www.radio.com/kywnewsradio/news/local/law-expert-impeachment-cou... (audio)
Rutgers law professor explains difference between invoking the 25th Amendment and impeachment, News12 New Jersey, January 7, 2021, https://newjersey.news12.com/rutgers-law-professor-explains-difference-b... (story and video)
Unprecedented To Unpresidented... The Impeachments Of Donald Trump, Law According to a King, January 15, 2021, available at https://lnns.co/mCLWHb3MUJu
Rutgers University Professor Of Law Discusses Importance Of ‘Graceful Concession’ Following Violent US Capitol Breach, CBS3 Eyewitness News This Morning (Philadelphia), January 7, 2021, https://cbsloc.al/3s5XpHg (story and video).
Prof. of Law/Constitutional Expert-Perry Dane, “What’s Next” 125 with Matt Deal on WHIS NewsTalk Radio (Bluefield, West Virginia), https://www.whistalkradio.com/episode/whats-next-125-prof-of-law-constit... (Part 1) and https://www.whistalkradio.com/episode/whats-next-125-prof-of-law-constit... (Part 2).
Dane & Mach on COVID religious restrictions, “Legal Face-Off” on WGN Radio (Chicago) with Rich Lenkov & Christina Martini, December 8, 2020, www.facebook.com/573395536121303/videos/309256140291557 (video) and https://tinyurl.com/y5ylz3dr (audio podcast).
When the Spirit Moves Me: Telluriders and Spirituality (with Matthew Trail and others), Telluride Newsletter, Volume 104, No. 2, Fall 2018, at 4-5, available here.
Sam Newhouse, After Trump Supreme Court nom, what next? 'A free-for-all,’ law prof says, Metro (Philadelphia), July 10, 2018, https://tinyurl.com/y6d4dpyq
A Q&A with Rutgers Law Prof. Perry Dane on Justice Antonin Scalia and the Search for his Successor, Rutgers Today, March 1, 2016, available here.