Regent Law Review
Regent University Law Review seeks to present academically excellent scholarship on relevant issues facing the legal community today from the perspective of a historic Christian worldview. It is committed to a jurisprudence based upon a Higher Law; that is, law based upon the Law of God, yet remains open to publishing opposing viewpoints in certain contexts. It is the goal of the Law Review to provide a forum for scholarship that applies this perspective to our current legal system and that edifies the practicing bar.
Established in 1991, the Law Review is published by Regent University’s School of Law. Since then, student editors and staff members, chosen on the basis of academic achievement and writing ability, have gained valuable experience by writing and editing the Law Review under the guidance of the law faculty.
Past contributors include United States Supreme Court Justice Clarence Thomas, Attorney General John D. Ashcroft, Judge Edith H. Jones, Attorney General Edwin Meese III, Robert P. George, George Allen, Charles W. Colson, Charles E. Rice, Phillip E. Johnson, David Barton, Nancy R. Pearcey, Professor Lyman Johnson, and James Bopp.
Soli Deo Gloria.
For more information about Regent University Law Review, please visit https://www.regentuniversitylawreview.com.
The Regent University Law Review is published biannually at Regent University and is produced and edited by the students of the Regent University School of Law. Each publication contains scholarly legal articles on a wide range of pertinent and timely subjects authored by practitioners, professors, and judges from across the country. Additionally, the Regent University Law Review also contains student notes and comments that have been chosen for publication.
All articles copyright © Regent University Law Review, except where otherwise expressly indicated. To purchase a subscription or a particular issue, please visit our Subscriptions & Back Orders section below.
Regent University Law Review welcomes the submission of manuscripts for possible publication in future volumes. The Law Review is published biannually, once in the spring and once in the fall. Articles submitted for publishing consideration should be submitted electronically to lawreview@regent.edu.
SELECTION & PUBLICATION
The Board of Editors carefully evaluates and considers all submissions. Articles selected for publication will be well written, demonstrate extensive scholarship, and espouse an original viewpoint. In addition, the Board privileges articles that expressly accord with the Law Review’s mission and that are received in an immediately publishable condition. It is the intention of the Board that all selected articles reflect as much as possible the author’s own style and argument. Thus it endeavors to work closely with authors throughout the editing process. All changes are submitted to the author before publication.
AVAILABILITY OF ARTICLES
All titles to published articles will appear in the Current Law Index and Index to Legal Periodicals and will be available on Westlaw and LexisNexis. The Law Review also makes articles available, with the author’s permission, on SSRN.
SUBSCRIPTION INFORMATION
The domestic subscription rate is $10.00 per issue, mailed third class postage-paid from Virginia Beach, Virginia. Absent receipt of notice to the contrary, subscriptions to Regent University Law Review are renewed automatically each year. Claims for issues not received will be filled only for issues published within one year preceding the receipt of the claim. The Law Review maintains the address list of our subscribers. Distribution and billing are handled through William S. Hein Co., Inc. However, if you have a question about your subscription or order, please contact us by email at lawreview@regent.edu.
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Attn: Editor-in-Chief
Regent University Law Review
Regent University School of Law
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Virginia Beach, Virginia 23464
INDIVIDUALS
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LIBRARIES
Complete sets, single volumes, and single issues of the Law Review can be ordered online through William S. Hein Co., Inc. at www.wshein.com (Item # 113200). Or contact them at:
William S. Hein & Co., Inc.
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Email: periodicals@wshein.com
| Issue | Academic Year |
|---|---|
| Vol. 36 No. 2 | 2023-2024 |
| Vol. 36 No. 1 | 2023-2024 |
| Vol. 35 No. 3 | 2022-2023 |
| Vol. 35 No. 2 | 2022-2023 |
| Vol. 35 No. 1 | 2022-2023 |
| Vol. 34 No. 3 | 2021-2022 |
| Vol. 34 No. 2 | 2021-2022 |
| Vol. 34 No. 1 | 2021-2022 |
| Vol. 33 No. 2 | 2020-2021 |
| Vol. 33 No. 1 | 2020-2021 |
| Vol. 32 No. 2 | 2019-2020 |
| Vol. 32 No. 1 | 2019-2020 |
| Vol. 31 No. 2 | 2018-2019 |
| Vol. 31 No. 1 | 2018-2019 |
| Vol. 30 No. 2 | 2017-2018 |
| Vol. 30 No. 1 | 2017-2018 |
| Vol. 29 No. 2 | 2016-2017 |
| Vol. 29 No. 1 | 2016-2017 |
| Vol. 28 No. 2 | 2015-2016 |
| Vol. 28 No. 1 | 2015-2016 |
| Vol. 27 No. 2 | 2014-2015 |
| Vol. 27 No. 1 | 2014-2015 |
| Vol. 26 No. 2 | 2013-2014 |
| Vol. 26 No. 1 | 2013-2014 |
| Vol. 25 No. 2 | 2012-2013 |
| Vol. 25 No. 1 | 2012-2013 |
| Vol. 24 No. 2 | 2011-2012 |
| Vol. 24 No. 1 | 2011-2012 |
| Vol. 23 No. 2 | 2010-2011 |
| Vol. 23 No. 1 | 2010-2011 |
| Vol. 22 No. 2 | 2009-2010 |
| Vol. 22 No. 1 | 2009-2010 |
| Vol. 21 No. 2 | 2008-2009 |
| Vol. 21 No. 1 | 2008-2009 |
| Vol. 20 No. 2 | 2007-2008 |
| Vol. 20 No. 1 | 2007-2008 |
| Vol. 19 No. 2 | 2006-2007 |
| Vol. 19 No. 1 | 2006-2007 |
| Vol. 18 No. 2 | 2005-2006 |
| Vol. 18 No. 1 | 2005-2006 |
| Vol. 17 No. 2 | 2004-2005 |
| Vol. 17 No. 1 | 2004-2005 |
Ethical Guideposts for the Christian Attorney
Strategic Alliances: Legal and Ethical Challenges – Mary C. Szto
Article
Essay
Comments and Notes
Articles
Essays
The Constitutionality of Legal Preferences for Heterosexual Marriage – Richard G. Wilkins
Scheidler v. NOW: The Supreme Court Holds that Abortion Protesters Are Not Racketeers – Sue Ann Mota
Comments and Notes
Elemental Facts: Did Ring v. Arizona Redefine Capital Sentencing? – Victoria Johnson
Robert P. George Lecture Series
Holmes on Natural Law – Robert P. George
Reason, Freedom, and the Rule of Law: Their Significance in Western Thought – Robert P. George
Articles
Essay
Is Jesus Entitled to a Copyright? – Judge Robert Mahealani M. Seto
Comments
Religious Tax Exemption and the “Charitable Scrutiny” Test – Christine Roemhildt Moore
Intelligent Design: A Unique Perspective to the Origins Debate – T. Mark Moseley
Symposium on Ideology in Judicial Selection
Federal Judicial Selection as War, Part Three: The Role of Ideology – Michael J. Gerhardt
Articles
The Constitutionality of Prison-Sponsored Religious Therapeutic Communities – Scott Roberts
Essay
Whither Marriage in the Law? – William C. Duncan
Comments
Essays
Gay Orthodoxy and Academic Heresy – Ty Clevenger
Child Molestation and the Homosexual Movement – Steve Baldwin
Articles
Crafting Bi/Homosexual Youth – Judith A. Reisman
Studies of Homosexual Parenting: A Critical Review – George Rekers, Mark Kilgus
Homosexuality: Innate and Immutable? – A. Dean Byrd, Stony Olsen
Selling Homosexuality to America – Paul E. Rondeau
Note
Defending Marriage: A Litigation Strategy to Oppose Same-Sex Marriage – Dale M. Schowengerdt
Essays
“Inherit the Wind”: The Play’s the Thing – Phillip E. Johnson
Cui Bono: Who Benefits? – W. Scot Morrow
Articles
“A Death Struggle Between Two Civilizations” – David Barton
Academic Freedom After Edwards – David K. DeWolf
Darwin’s New Bulldogs: Scopes and American Legal Philosophy – Nancy R. Pearcey
“Reaping the Whirlwind”: A Provisional Scopes Trial Bibliography – Samuel P. Menefee
Note
Articles
Save the Cleavers: Taxation of the Traditional Family – Joel S. Hollingsworth
The Priest-Penitent Privilege: Its Constitutionality and Doctrine – Lennard K. Whittaker
Christian Legal Foundations Essay Series
Sir William Blackstone: A Life and Legacy Set Apart for God’s Work – Douglas H. Cook
Comments and Notes
Civil Forfeiture: A Fiction That Offends Due Process – David Benjamin Ross
A Tribute To Justice Clarence Thomas
Justice Clarence Thomas: Reviving Restraint and Personal Responsibility – Senator John D. Ashcroft
Personal Responsibility – Justice Clarence Thomas
Justice Clarence Thomas: A Brief Tribute – Judge Pasco M. Bowman II
Justice Thomas and the Voting Rights Act – Judge Edith H. Jones
The Jurisprudence of Clarence Thomas – Edwin Meese III
The Emerging Contours of Justice Thomas’s Textualism – Judge H. Brent McKnight
“Judge Thomas is the First Choice”: the Case for Clarence Thomas – Thomas L. Jipping
Natural Law and Justice Thomas – John S. Baker, Jr.
The Truth About Clarence Thomas and the Need for New Black Leadership – Stephen F. Smith
Justice Clarence Thomas: The Emerging “New Federalist” on the Rehnquist Court – Laura A. Till
Articles
Marriage: Why a Second Tier Called Covenant Marriage? – Katherine Shaw Spaht
Covenant and Contract – Margaret Brinig, Steven Nock
Covenant Marriage: A Legislator’s Perspective – Tony Perkins
A Comparative Survey of Covenant Marriage Proposals in the United States – Lynne Marie Kohm
Opportuning Virtue: The Binding Ties of Covenant Marriage Examined – Marie Summerlin Hamm
The Biblical View of Marriage: Covenant Relationship – Michele Brewer Brooks
The “Sealed Knot”: A Preliminary Bibliography of “Covenant Marriage” – Samuel Pyeatt Menefee
Comments and Notes
The ERISA Shield Around HMOs Cannot Be Justified – Steven A. Grenier
A Blackstonian Approach to International Relations – Jason N. Workmaster
Articles
Constitutional Limits on Campaign Contribution Limits – James Bopp, Jr.
Essays
Curbing Raw Judicial Power: A Proposal for a Checks and Balances Amendment – Thomas A. Glessner
Christian Legal Foundations Essay Series
John Winthrop: Lawyer as Model of Christian Charity – Jeffrey A. Brauch
Comments and Notes
Morality: The Starting Place for the Debate Over Human Cloning – William W. Harty
Vacco v. Quill and the Inalienable Right to Life – Valerie L. Myers
The Library Internet Filter: On the Computer Or In The Child? – Brent L. VanNorman
Symposium On Religiously Affiliated Law Schools
Further Reflections on the Role of Religion in Lawyering and in Life – Samuel J. Levine
Article
Faith Through Lawyering: Finding and Doing What is Mine To Do – Randy Lee
Essay
What’s a Nice Christian Like You Doing in a Profession Like This? – Michael P. Schutt
Christian Legal Foundations Essay Series
Justinian: Lieutenant of Christ, Legislator for Christendom – Craig A. Stern
Comments and Notes
RICO and Social Protest: Devilifying a First Amendment Liberty – Shawn D. Akers
Essays
Truth, Justice, Peace: The Foundations of Restorative Justice – Charles W. Colson
Civil Rights and Social Cooperation – Father Robert A. Sirico
Articles
Juvenile Justice: A Work “In Progress” – Honorable Ronald D. Spon
Legislating for Restorative Justice – Daniel W. Van Ness, Pat Nolan
Comments and Notes
Preserving Liberty: United States v. Printz and The Vigilant Defense of Federalism – Shawn E. Tuma
Essay
Reforming Virginia’s Educational System: A Principled Approach – Honorable George Allen
Articles
Executive Veto: The Power of the Pen in Virginia – Bernard L. McNamee
Reaffirming the Natural Law Jurisprudence of Justice Clarence Thomas – Kirk A. Kennedy
Negligent Physical or Emotional Injury Related to Induced Abortion – Thomas W. Strahan
Comments
A Century of Free Exercise Jurisprudence: Don’t Practice What You Preach – Gary Stuart McCaleb
Essay
Things Not Nice: An Essay on Civil Government – Craig Stern
Article
The Constitution’s Final Interpreter: We The People – Hon. John N. Hostettler, Thomas W. Washburne
Is “Creation” A Religious Concept? – John Zingarelli
Reply
Valuing Intrauterine Life – Samuel W. Calhoun
Comments
The Sexually Violent Predator Act—A Dangerous Alternative – Lance L. Losey
Articles
When Rights Clash: Applying our Principled and Prudential Constitution – Gary L. Young, Jr.
Comments
Rosenberger Effectively Harmonizes First Amendment Tensions, But Fails to Lay the Specter of Lemon to Rest – John T. Manhire, Jr.
Employment Arbitration Agreements: The Case for Freedom of Contract – Edrie A. Pfeiffer
Address
The Free Exercise of Religion: A Red Mass Homily – James Cardinal Hickey
Articles
The Free Exercise Clause: Past, Present, and Future – Herbert W. Titus
Employment Division v. Smith and the Need for the Religious Freedom Restoration Act – Michael P. Farris, Jordan W. Lorence
Book Review
Cease Fire on the Family, by Douglas Kmiec – F. LaGard Smith
Comments
Smith’s Free Exercise “Hybrids” Rooted in Non-Free-Exercise Soil – James R. Mason, III
Articles
God’s Revelation: Foundation for the Common Law – Herbert W. Titus
Comments
Case Comments
Bursting the Bubble Zone in Texas: An Analysis of Ex Parte Tucci – Barbara Specht Weller
Christians v. Crystal Evangelical Free Church (In Re Young): Why Would “Christians” Take Money Out of the Church Offering Plate? – Troy S. Anderson
Article
Notes
A Defense Counsel’s Guide to the Use of DNA Evidence in Virginia – Robert Bryan Haskins
Comment
Introduction
Article
Public School Chaplains: Constitutional Solution to the School Prayer Controversy – Herbert W. Titus
Commentary
Notes
Indefinite Confinement as a Coercive Measure by the Courts – Allen Gardner Kingman
The Milwaukee Parental Choice Program, Its Policies, and Its Legal Implications – Timothy T. Blank
Comment
The Rules of Transient Jurisdiction: Should we Burnham? – Shawn Patrick McLaughlin