The Naked Public Square Reconsidered: Religion and Politics in the Twenty-First Century,
editor (ISI Books, 2009).
Natural Law Liberalism (Cambridge University Press, 2006).
That Eminent Tribunal: Judicial Supremacy and the Constitution, editor (Princeton University Press, 2004), including the Introduction and a chapter
on “The Rehnquist Court and ‘Conservative Judicial Activism’”.
Same-Sex Matters: The Challenge of Homosexuality, editor (Spence Publishing Company, 2000); including "Preface: The Challenge of Homosexuality,"
a chapter on "A Reasonable Public Stance on Homosexuality," and an afterword "Hatred,
Bigotry, and Intolerance."
Natural Law and Public Reason, editor (with Robert George) (Georgetown University Press, 2000); including the introduction
and a chapter on "Natural Law and Liberal Public Reason" (with Robert George).
Homosexuality and American Public Life, editor (Spence Publishing Co., 1999).
The Family, Civil Society, and the State, editor (Rowman and Littlefield, 1998).
How to Read the Constitution: Originalist Essays on Constitutional Interpretation
and Judicial Review(Rowman and Littlefield, 1996).
Liberalism at the Crossroads: An Introduction to Contemporary Liberal Political Theory
and Its Critics, editor (with John Hittinger) (Rowman and Littlefield, 1994); contributed a chapter
on "The Legal Philosophy of Ronald Dworkin"; editor, second revised edition (Rowman
and Littlefield, 2003).
Judicial Activism: Bulwark of Freedom or Precarious Security? (Brooks/Cole Publishing Co., 1991; revised edition, Rowman and Littlefield, 1997).
The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made
Law (Basic Books, l986); Spanish edition (Editorial Civitas, S.A., 1991) ; Second, revised
edition (Rowman and Littlefield, 1994).
Articles and Book Chapters
“Natural Law and Contemporary Liberalism: John Rawls and Ronald Dworkin” in A Second Look at First Things: A Case for Conservative Politics ed. F. Beckwith (St. Augustine Press, 2013).
“Free Exercise, Religious Conscience, and the Common Good” in Challenges to Religious Liberty in the Twenty-First Century ed. Gerard V. Bradley (New York: Cambridge University Press, 2012), pp. 93-110.
“Natural Law Liberalism” in the Josephinum Journal of Theology Volume 16, Number 2 (Summer/Fall, 2009), pp. 339-56.
“A University for All” in The Idea of a Catholic University: Proceedings From the 30th Annual Convention of the Fellowship of Catholic Scholars, ed. K. Whitehead (Fellowship of Catholic Scholars and University of Scranton Press,
2009), pp. 101-16.
“The Supreme Court and Changing Social Mores” in Ourselves and Our Posterity: Essays in Constitutional Originalism ed. B. Watson (Lanham, Md.: Rowman and Littlefield, 2009), pp. 153-74.
“Natural Law Liberalism: A Framework for Promoting the Sanctity of Human Life” in
Life and Learning XVIII Proceedings of the Eighteenth University Faculty for Life
Conference (2008), ed. Joseph Koterski, pp. 165-90.
“Church and State: The Current Constitutional Debate in the USA” in “The United States,
the European Union, and Modernity” Krakowskie Studia Miedzynarodowe ed. A. Bryk number 1 (V) (Kracow, 2008).
“Homosexual Acts, Morality, and Public Discourse” in Contemporary Debates in Social Philosophy ed. Laurence Thomas (Malden, MA: Blackwell Publishing, 2007), pp. 94-109.
“Why We Should (and Should Not) Be Liberals” in Catholic Perspectives on American Law eds. M. Scaperlanda and T. Collett (Washington, D.C.: Catholic University of America
Press, 2007), pp. 131-51.
“Homosexuality and the Church” in Sexuality and the U.S. Catholic Church: Crisis and Renewaleds. Lisa Sowle Cahill, John Garvey and T. Frank Kennedy, S.J., (Rowman and Littlefield,
2006), pp. 144-62.
“Moving Beyond Rhetoric" in the Florida Law Review Volume 57, Number 5 (December, 2005), pp. 1065-1096.
"Why the Federal Marriage Amendment is Necessary" San Diego Law Review, Vol. 42, No. 3 (Summer, 2005), pp. 895-924 (Summer, 2005).
"Non-Traditional Households and 'Just Demands'" in The Catholic Citizen: Debating the Issues of Justice(Proceedings from the 26th Annual Conference of the Fellowship of Catholic Scholars) ed. Kenneth D. Whitehead
(South Bend: St. Augustine Press, 2004), pp. 36-45.