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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

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


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.


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.


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

Send notice of an address change or cancellation to:

Attn: Editor-in-Chief
Regent University Law Review
Regent University School of Law
1000 Regent University Drive, 252C
Virginia Beach, Virginia 23464


Individuals and organizations are encouraged to subscribe to Regent University Law Review and may order back issues.  Back issues are available for $14.00 per issue.  Please contact us regarding special rates for Regent faculty, alumni, and students. Subscribe now.


Complete sets, single volumes, and single issues of the Law Review can be ordered online through William S. Hein Co., Inc. at (Item # 113200).  Or contact them at:

William S. Hein & Co., Inc.
1285 Main Street
Buffalo, New York 14209
Phone: 800.828.7571
Fax: 716.883.8100


The Evolution of Virginia’s Constitutions: A Celebration of the Rule of Law in America
The Hon. Leroy Rountree Hassell, Sr., 
Chief Justice, Supreme Court of Virginia.

Religion and the American Founding
Ellis Sandoz
Hermann Moyse, Jr., Distinguished Professor of Political Science, Director of the Eric Voegelin Institute for American Renaissance Studies, Louisiana State University.

Religion and Liberty Under Law at the Founding of America 
Harold J. Berman

Robert W. Woodruff Professor of Law, Emory University School of Law and James Barr Ames Professor of Law, Emeritus, Harvard Law School.
*Professor Berman departed this life on November 13, 2007, at the age of eighty-nine, as this Address was going to press.


Justice Thomas and Partial Incorporation of the Establishment Clause: Herein of Structural Limitations, Liberty Interests, and Taking Incorporation Seriously
Richard F. Duncan

Sherman S. Welpton, Jr., Professor of Law, University of Nebraska College of Law.

Republicanism and Religion: Some Contextual Considerations
Ellis Sandoz

Hermann Moyse, Jr., Distinguished Professor of Political Science, Director of the Eric Voegelin Institute for American Renaissance Studies, Louisiana State University.


Docking the Tail that Wags the Dog: Why Congress Should Abolish the Use of Acquitted Conduct at Sentencing and How Courts Should Treat Acquitted Conduct After United States v. Booker

Galloway, Split-Interest Trusts, and Undivided Portions: Does Disallowing the Charitable Contribution Deduction Overstep Legislative Intent?

Prophetic Speech and the Internal Revenue Code: Analyzing I.R.C. § 501(c)(3) in Light of the Religious Freedom Restoration Act