Angela C. Carmella

Professor of Law
SETON HALL LAW SCHOOL


(973)642-8843

 
 
Biography & Scholarship
Biography
Publications
Curriculum Vitae
Courses & Syllabi
Property (Syllabus)
Religion & First Amendment (Syllabus)
   
Biography

Professor Angela Carmella’s intellectual focus is the intersection of law and religion, specifically the First Amendment’s religion clauses, religious land use, and Catholic social thought.

In 2007 Professor Carmella delivered an Alpheus T. Mason Lecture in Constitutional Law and Political Thought at Princeton University on religious exemptions and the common good, and spoke at the American Constitution Society’s Conference on the Religion Clauses in the 21st Century. In 2004, she organized the first conference of legal scholars to address the complex issues raised when religious institutions file for bankruptcy. Her interest in articulating religious perspectives on legal issues led to her co-editing a path-breaking collection of essays published by Yale University Press and to her participation in the Emory University Center for the Study of Law and Religion’s Project on Law and Human Nature: the Teachings of Modern Christianity. During the 1994-95 academic year Professor Carmella served as Visiting Scholar and Lecturer at Harvard Divinity School, and as a Fellow of Harvard’s Center for the Study of Values in Public Life.

Professor Carmella shares her expertise in the religion clauses with the Law School’s Seton Center for Religiously Affiliated NonProfit Corporations. She serves on the editorial council of Journal of Church and State and served for over a decade on the Legal Scholars Board of DePaul Law School’s Center for Church/State Studies. She is a member of the Religious Liberty Committee of the National Council of Churches and of the Catholic Commission on Intellectual and Cultural Affairs.

Following graduation from Harvard Law School and Harvard Divinity School, Professor Carmella worked as a real estate associate at Csaplar & Bok in Boston. She came to Seton Hall in 1988, was named a Dean’s Fellow in 2006, and was awarded the Francis P. McQuade Research Fellowship in 2007 and again in 2008. She was recently honored with the John Courtney Murray Professorship.

 

Publications
 
Book

Christian Perspectives on Legal Thought (Yale University Press, 2001) (with Michael W. McConnell and Robert W. Cochran, Jr., eds.).

Law Review Articles

Interpreting RLUIPA in the Context of Public and Private Property Jurisprudence, 2 Albany Government Law Review – (forthcoming 2009).

Book Review: LAW AND RELIGION by Leslie Griffin in 23 The Journal of Law and Religion – (forthcoming 2008).

Responsible Freedom under the Religion Clauses: Exemptions, Legal Pluralism, and the Common Good, 110 West Virginia Law Review 403 (2007).

Constitutional Arguments in Church Bankruptcies: Why Judicial Discourse About Religion Matters, 29 Seton Hall Legislative Journal 435 (2005).

The Protection of Children and Young People: Catholic and Constitutional Visions of Responsible Freedom, 44 Boston College Law Review 1031 (2003).

Mary Ann Glendon on Religious Liberty: The Social Nature of the Person and the Public Nature of Religion, 73 Notre Dame Law Review 1191 (1998).

Religion as Public Resource, 27 Seton Hall Law Review 1225 (1997).

The RFRA Revision of the Free Exercise Clause, 57 Ohio State Law Journal 65 (1996) (with Eugene Gressman).

Liberty and Equality: Paradigms for the Protection of Religious Property Use, 37 Journal of Church and State 573 (Summer 1995).

State Constitutional Protection of Religious Exercise: An Emerging Post-Smith Jurisprudence, 1993 Brigham Young Law Review 275.

A Theological Critique of Free Exercise Jurisprudence, 60 The George Washington Law Review 782 (1992).

Houses of Worship and Religious Liberty: Constitutional Limits to Landmark Preservation and Architectural Review, 36 Villanova Law Review 401 (1991).

Landmark Preservation of Church Property, 34 The Catholic Lawyer 41 (1991) (also reprinted in Proceedings of the Twenty-Sixth National Meeting of Diocesan Attorneys, published by the United States Catholic Conference (1990)).

Book Review: REAL THREAT AND MERE SHADOW: RELIGIOUS LIBERTY AND THE FIRST AMENDMENT by Daniel L. Dreisbach. 8 The Journal of Law and Religion 443 (1990).

Book Chapters

John Courtney Murray, S.J., in John Witte Jr. and Frank Alexander, eds., The Teachings of Modern Christianity on Law, Politics and Human Nature, Vol. I. 115 (Columbia University Press, 2006) (reproduced in John Witte Jr. and Frank Alexander, eds., The Teachings of Modern Roman Catholicism on Law, Politics and Human Nature 181 (Columbia University Press, 2007).

Selected and Edited Works of John Courtney Murray, S.J., in John Witte Jr. and Frank Alexander, eds., The Teachings of Modern Christianity on Law, Politics and Human Nature, Vol. II, 68 (Columbia University Press, 2006) (reproduced in John Witte Jr. and Frank Alexander, eds., The Teachings of Modern Roman Catholicism on Law, Politics and Human Nature 212 (Columbia University Press, 2007).

Land Use Regulation of Churches, in James A. Serritella, ed., Religious Organizations in the United States: A Study of Identity, Liberty, and the Law 565 (Carolina Academic Press, 2006).

A Catholic View of Law and Justice, in Michael W. McConnell, Robert W. Cochran, Jr., and Angela C. Carmella, eds., Christian Perspectives on Legal Thought 255 (Yale University Press, 2001).

Everson and Its Progeny: Separation and Non-Discrimination in Tension, in Jo Renée Formicola & Hubert Morken, eds., Everson Revisited: Religion, Education, and Law at the Crossroads 103-122 (Rowman & Littlefield, 1997).

The Religion Clauses and Acculturated Religious Conduct: Boundaries for the Regulation of Religion, in James E. Wood, Jr. & Derek Davis, eds., The Role of Government in Monitoring and Regulating Religion in Public Life 21 (J.M. Dawson Institute of Church-State Studies, Baylor University, 1993).

Other Articles

Booknote reviewing Ann Duncan and Steven Jones, eds. Church-State Issues in America Today: Religion and Government (Vol. 1), Religion, Family and Education (Vol. 2) and Religious Convictions and Practices in Public Life (Vol. 3), -- Religious Studies Review -- (forthcoming 2008).

Booknote reviewing Hugh Urban, The Secrets of the Kingdom: Religion and Concealment in the Bush Administration, -- Religious Studies Review -- (forthcoming 2008).

The Protection of Children and Young People: Catholic and Constitutional Visions of Responsible Freedom, 6 Seton Hall Law 21 (April 2004) (abridged adaptation of the article with the same title at 44 Boston College Law Review 1031 (2003)).

Zoning of Religious Uses and Historic Preservation of Religious Buildings, two entries in Paul Finkelman, ed., Religion and American Law: An Encyclopedia 222, 571 (Garland Publishing, 2000).

The Religious Freedom Restoration Act: New Roles for Congress, the President and the Supreme Court in Protecting Religion, Religion & Values in Public Life 3(2): 5-7 (Winter 1995).

Tribute: Celebrating the Career of Eugene Gressman: Tribute to a Colleague, 4 Seton Hall Constitutional Law Journal 463 (1994) (with Liv Baker).

Free Exercise Protection for Church Zoning Issues, Christian Legal Society Quarterly 9 (Spring 1992).