Freedom of Religion

Religion, Schools, and Judicial Decision Making: An Empirical Perspective
Michael Heise
Professor, Cornell Law School
Gregory C. Sisk
Laghi Distinguished Chair in Law, University of St. Thomas School of Law

We thank Dawn M. Chutkow as well as participants in the Understanding Education in the United States Symposium at the University of Chicago Law School for comments on an earlier draft. Professor Sisk offers thanks to his assistant, Bethany Fletcher, for recording data coding and to law students Eric Beecher and Alicia Long for assistance with opinion coding. A spreadsheet containing our data set, regression run results, coding of each decision, coding of each judge, and code books may be found at /

What If Religion Is Not Special?
Micah Schwartzman
Professor of Law, University of Virginia School of Law

For helpful comments and discussions, I thank Charles Barzun, Christopher Eisgruber, Chad Flanders, Richard Garnett, Abner Greene, John Harrison, Andrew Koppelman, Jody Kraus, Douglas Laycock, Matthew Lister, Christopher Lund, Charles Mathewes, James Nelson, Saikrishna Prakash, George Rutherglen, Fred Schauer, Seana Shiffrin, Lawrence Solum, Mark Storslee, Nelson Tebbe, Pierre-Hugues Verdier, Xiao Wang, Free Williams, and audiences at Brooklyn Law School, the University of Pennsylvania Law School, and the Nootbaar Institute’s Annual Conference on Religion and Ethics at the Pepperdine University School of Law. I owe special thanks to Leslie Kendrick and Richard Schragger, who read and commented on multiple drafts. I am also grateful to Adam Yost for excellent research assistance.