Paul Horwitz
Gordon Rosen Professor of Law
Paul Horwitz's CV

Areas of Expertise:
Comparative Constitutional Law
Constitutional Law
First Amendment
Law & Religion

Paul Horwitz

Professor Horwitz teaches courses including law and religion, constitutional law, and legal profession. A leading figure in First Amendment scholarship, he is the author of dozens of articles and of two books, The Agnostic Age: Law, Religion, and the Constitution (Oxford University Press), and First Amendment Institutions (Harvard University Press); he has also written for many general-readership publications, such as the New York Times, and is a member of the popular legal blog Prawfsblawg. He has been a visiting professor at the University of Iowa, Notre Dame, and the University of San Diego, and was an associate professor at Southwestern Law School in Los Angeles. He is a former law clerk to the Hon. Ed Carnes of the United States Court of Appeals for the Eleventh Circuit. Professor Horwitz received his LL.B. from the University of Toronto, where he was co-editor-in-chief of the University of Toronto Faculty Law Review, and his LL.M. from Columbia Law School. 


Professor Horwitz's publications include:

  • Unspoken: Social Class and the American Legal Academy (under contract with Harvard University Press; publication expected 2015).
  • First Amendment Institutions (Harvard University Press, 2013).
  • The Agnostic Age: Law, Religion, and the Constitution (Oxford University Press, 2011).
  • “The Blogger as Public Intellectual” in Public Intellectualism in Comparative Context: Different Countries, Different Disciplines (forthcoming).
  • “Law, Religion, and Kissing Your Sister” in Legal Responses to Religious Practices in the United States: Accommodation and its Limits (Austin Sarat, ed., Cambridge University Press, 2012).
  • “Ordinary and Extraordinary Transitions” in Transitions: Legal Change, Legal Meanings (Austin Sarat, ed., University of Alabama Press, 2011).
  • “Of Footnote One and the Counter-Jurisdictional Establishment Clause: The Story of Santa Fe Independent School District v. Doe” in First Amendment Stories (Rick Garnett & Andrew Koppelman eds., Foundation Press 2011).
  • “Democracy as the Rule of Law” in When Governments Break the Law: The Rule of Law and the Prosecution of the Bush Administration (Austin Sarat & Nasser Hussain, eds., New York University Press, 2010). 
  • “Order in the Courts” in Sovereignty, Legality, and Emergency (Austin Sarat, ed., Cambridge University Press, 2010). 
  • “Anonymity, Signaling, and Silence as Speech” in Speech and Silence in American Law (Austin Sarat, ed., Cambridge University Press, 2010). 
  • “Defending (Religious) Institutionalism” 99 Virginia Law Review (forthcoming 2013).
  • “Freedom of the Church Without Romance” Journal of Contemporary Legal Issues (forthcoming).
  • “Rethinking the Law, Not Abandoning it: A Comment on “Overlapping Jurisdictions” Faulkner Law Review (forthcoming).
  • Book Review of James R. Hackney, Legal Intellectuals in Conversation: Reflections on the Construction of Contemporary American Legal Theory Journal of Legal Education (forthcoming).
  • Book Review of Abner S. Greene, Against Obligation: The Multiple Sources of Authority in a Liberal Democracy, and Eric Beerbohm, In Our Name: The Ethics of Democracy Tulsa Law Review (forthcoming).
  • Fisher, Academic Freedom, and Distrust” Loyola Law Review (forthcoming).  
  • Book Review: What Ails the Law Schools? 111 Michigan Law Review 955 (2013).
  • “Act III of the Ministerial Exception” 106 Northwestern University Law Review 973 (2012). First published online as 106 Northwestern University Law Review Colloquy 156 (2011), and selected for publication in the print law review.
  • “The First Amendment’s Epistemological Problem” 87 Washington Law Review 445 (2012).
  • Book Review: Law’s Allure: How Law Shapes, Constrains, Saves, and Kills Politics, by Gordon Silverstein, 59 Journal of Legal Education 467 (2010).
  • “Our Boggling Constitution; or, Taking Text Really, Really Seriously” 26 Constitutional Commentary 651 (2010). Selected by the Green Bag board of advisors as an exemplar of good writing in 2010-11 and reprinted in the Green Bag’s 2012 Almanac & Reader.
  • “Judicial Character (And Does it Matter)” 26 Constitutional Commentary 97 (2009) Review essay.
  • “Honor’s Constitutional Moment: The Oath and Presidential Transitions” 103 Northwestern University Law Review 1067 (2009).  First published online as 103 Northwestern University Law Review Colloquy 259 (2008), and selected for publication in the print law review.
  • Demographics and Distrust: The Eleventh Circuit on School Prayer in Adler v. Duval County” 63 University of Miami Law Review 835 (2009). 
  • “Religion and American Politics: Three Views of the Cathedral” 39 University of Memphis Law Review 973 (2009).  Also published by the Law and Religion Program of Boston College Law School in a special edition for distribution to members of the AALS Law and Religion Section.
  • “The Philosopher’s Brief” 25 Constitutional Commentary 285 (2009). 
  • Book Review: Law and Judicial Duty, by Philip Hamburger, 10 Engage 131 (July 2009).
  • “Churches As First Amendment Institutions: Of Spheres and Sovereignty” 44 Harvard Civil Rights-Civil Liberties Law Review 79 (2009).
  • Book Review: The Invisible Constitution, by Laurence H. Tribe 10 Engage 150 (February 2009).
  • “Three Faces of Deference” 83 Notre Dame Law Review 1061 (2008).
  • Book Review: How Judges Think, by Richard A. Posner, and Constitutional Conscience, by H. Jefferson Powell 9 Engage 143 (2008).
  • “Universities as First Amendment Institutions: Some Easy Answers and Hard Questions” 54 UCLA Law Review 1497 (2007). 
  • “Uncovering Identity” 105 Michigan Law Review 1283 (2007) (review of Kenji Yoshino, Covering: The Hidden Assault on Our Civil Rights (2006)).
  • “‘Evaluate Me!’: Conflicted Thoughts on Gatekeeping in Legal Scholarship’s New Age” 39 Connecticut Law Review CONNtemplations 39 (2007).  Invited contribution to premier issue of online law review supplement.
  • Book Review: Silence and Freedom, by Louis Michael Seidman 8 Engage 147 (2007).
  • “Religious Tests in the Mirror: The Constitutional Law and Constitutional Etiquette of Religion in Judicial Nominations” 15 William & Mary Bill of Rights Journal 75 (2006). 
  • “Or of the [Blog]” 11 NEXUS 45 (2006). Reprinted in Freedom of the Press: Its Constitutional History and the Contemporary Debate (Garrett Epps, ed. 2008).
  • Grutter’s First Amendment” 46 Boston College Law Review 461 (2005).
  • “Free Speech As Risk Analysis: Heuristics, Biases, and Institutions in the First Amendment”  76 Temple Law Review 1 (2003). Reprinted in First Amendment Law Handbook, 2004-2005 Edition (James L. Swanson, ed. 2004).
  • “Law’s Expression: The Promise and Perils of Judicial Opinion Writing in Canadian Constitutional Law” 38 Osgoode Hall Law Journal 101 (2000).  Refereed journal. 
  • “Citizenship and Speech” 43 McGill Law Journal 445 (1998).  Review essay.  Refereed journal.
  • “The Past, Tense: The History of Crisis – and the Crisis of History – in Constitutional Theory” 61 Albany Law Review 459 (1997).  Review essay.
  • Book Review – Foreign Affairs and the United States Constitution, 2nd ed., by Louis Henkin 35 Columbia Journal of Transnational Law 723 (1997).
  • “Scientology in Court: A Comparative Analysis and Some Thoughts on Selected Issues in Law and Religion” 47 DePaul Law Review 85 (1997).
  • “The Sources and Limits of Freedom of Religion in a Liberal Democracy: Section 2(a) and Beyond” 54 University of Toronto Faculty of Law Review 1 (1996).  Winner of the Martin L. Friedland Prize for best article in a volume of the Law Review, a J.S.D. Tory Fellowship, and a McMillan Binch Essay Fellowship.  Selected as lead article in volume.
  • “Jury Selection After Dagenais: Prejudicial Pre-trial Publicity” 42 Criminal Reports (4th) 220 (1996).
  • Book Review – Bankruptcy and Family Law, by Robert Klotz  26 Canadian Business Law Journal 472 (1996).
  • “Anti-Abortion Protests and the Public Forum: A Comment on Ontario (Attorney General) v. Dieleman” 17 Advocates' Quarterly 466 (1995).
  • “Bora Laskin and the Legal Process School” 59 Saskatchewan Law Review 77 (1995).   Refereed journal.
  • “Regulating TV Violence: An Analysis of the Voluntary Code Regarding Violence in Television” 52 University of Toronto Faculty of Law Review 345 (1994).  Winner of a McMillan Binch Essay Fellowship.