Sneha Girap

Carl Esbeck

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Name  Carl Esbeck

Role  Author
Carl Esbeck httpslawmissourieduaboutfiles201502Esbec
Books  The Freedom of Faith-based Organizations to Staff on a Religious Basis

Carl H. Esbeck is the R.B. Price Distinguished Professor and the Isabelle Wade & Paul C. Lyda Professor of Law at the University of Missouri School of Law. He joined the law faculty in 1981. He has published in the areas of church-state relations and civil rights. He has taken the lead in advancing a structural view of the establishment clause of the first amendment, and is also credited as the primary author of the original charitable choice language in the 1996 welfare reform bill,.



"He has published widely in the area of religious liberty and church-state relations. Professor Esbeck is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of three additional federal welfare programs. And he has taken the lead in recognizing that the modern Supreme Court has applied the establishment clause not as a right, but as a structural limit on the government's authority in specifically religious matters. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and then served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants." -

Prior to teaching, Carl Esbeck had an illustrious career as an attorney. Among his accomplishments, is that he ran a public interest firm for two years, and was in the U.S. Office of Deputy Attorney General, Department of Justice, for two years.

Notes: -Just welcomed a new granddaughter into the world. -Known by his students as "Uncle Carl" for his approach to teaching his classes. Though at times his students have complained, deep down inside they love him.

"Be a skeptic, not a cynic" -Carl Esbeck

"Representing the Boyscouts is like representing Snow White; they are pure as snow." -Carl Esbeck

"There's no crying in Civil Procedure." -Carl Esbeck


Professor Esbeck regularly researches and publishes in the areas of religious liberties and civil rights.

Representative publications

Protestant Dissent and the Virginia Disestablishment, 1776—1786, 7 Georgetown Journal of Law & Public Policy 51 (2009).

The 60th Anniversary of the Everson Decision and America's Church-State Proposition, 23 Journal of Law and Religion 15 (2007–08).

Governance and the Religion Question: Voluntaryism, Disestablishment, and America's Church-State Proposition, 48 Journal of Church & State 202 (Spring 2006)

The Freedom of Faith-Based Organizations to Staff On a Religious Basis, CENTER FOR PUBLIC JUSTICE (Sept, 2004), with Stanley W. Carlson-Thies & Ronald J. Sider.

Dissent and Disestablishment: The Church-State Settlement in the Early American Republic, 2004 BYU Law Review 1385 (2004).

Religious Organizations in the United States, A Study of Identity, Liberty, and the Law, (Carolina Academic Press, 2004). contributed 2 chapters to this book - Regulation of Religious Organizations via Governmental Financial Assistance and Charitable Choice and the Critics.

The Establishment Clause as a Structural Restraint: Validations and Ramifications, 18 JOURNAL OF LAW & POLITICS 445 (2002).

Statement Before the United States House of Representatives Concerning Charitable Choice and the Community Solutions Act, 16 NOTRE DAME JOURNAL OF LAW, ETHICS & PUB. POL'Y 567 (2002).

Differentiating the Free Exercise and Establishment Clauses, 42 Journal of Church and State 311 (2000).

Myths, Miscues and Misconceptions: No-Aid Separationism and the Establishment Clause, 13 NOTRE DAME JOURNAL OF LAW, ETHICS & PUBLIC POLICY 285 (1999).

On Rights and Restraints, 94 LIBERTY 22-29 (March/April 1999).

The Neutral Treatment of Religion and Faith-Based Social Service Providers: Charitable Choice and Its Critics, in WELFARE REFORM AND FAITH-BASED ORGANIZATIONS 173 (Derek Davis & Barry Hankins editors, 1999).

The Establishment Clause as a Structural Restraint on Governmental Power, 84 IOWA L. REV. 1-113 (1998)


Professor Esbeck teaches Civil Procedure, Constitutional Law, Religious Liberty, Civil Rights, and a Seminar on the Foundations of the American Constitution.


Carl Esbeck Wikipedia

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