The Volokh Conspiracy - Publication lag:

A fascinating student note from the Minnesota Law Review, not so much for its subject matter as for how it came to be published.

Here's what the note is about. From its introduction (paragraph breaks added):

This Note argues that because law is limited to placing external constraints on human behavior, religion, through its capacity to internally constrain human behavior, acts as an indispensable assistant to the law in preserving public order.

Part I details how, in recent decisions, the Supreme Court has used history to interpret the Establishment Clause. Part II argues that the Court's reliance on history is misplaced because the historical evidence of the clause's meaning is inconclusive.

Part III provides an alternative approach to interpreting the Establishment Clause that focuses on the ability of religion to constrain human behavior. This Note concludes that while it is sound public policy to support religion, religion is only effective insofar as it instills faith within its followers. Because no religion appeals to all men, the government should impartially promote religious worship and instruction.

You might notice, if you read the article, that it doesn't refer to any cases — or anything else — more recent than 1949. It turns out there's a reason for this. Here, according to the SSRN abstract, is the backstory (you can find a more complete story, in the author's own words, on the website itself):

Mr. Stiegler served in the Second World War and then returned home to Minnesota to attend law school. He wrote this article while a student-member of the Minnesota Law Review during the 1948-49 school year. While reviewing Mr. Stiegler's first draft, the Note Editor rose, slapped his hand on the table proclaiming: I am Catholic. It is the one true religion. This Note will never be published. Mr. Stiegler's name was subsequently removed from the masthead of the Minnesota Law Review and he was denied credit for the activity for his last year of law school.

For fifty-seven years the manuscript lay hidden in his desk. In March 2007, Mr. Stiegler contacted the current leadership of the Minnesota Law Review, and they decided to bring Mr. Stiegler's article to the public by editing the work and then publishing it on SSRN and on the webpage of the Minnesota Law Review. Mr. Stiegler's ideas and arguments are still relevant today.

(Note: The rest of the SSRN abstract doesn't summarize the article very well, which is why I gave the summary from the Note itself.)

	[Sasha Volokh, September 26, 2007 at 11:28am] Trackbacks Publication lag: A fascinating student note from the Minnesota Law Review, not so much for its subject matter as for how it came to be published. Here's what the note is about. From its introduction (paragraph breaks added): This Note argues that because law is limited to placing external constraints on human behavior, religion, through its capacity to internally constrain human behavior, acts as an indispensable assistant to the law in preserving public order. Part I details how, in recent decisions, the Supreme Court has used history to interpret the Establishment Clause. Part II argues that the Court's reliance on history is misplaced because the historical evidence of the clause's meaning is inconclusive. Part III provides an alternative approach to interpreting the Establishment Clause that focuses on the ability of religion to constrain human behavior. This Note concludes that while it is sound public policy to support religion, religion is only effective insofar as it instills faith within its followers. Because no religion appeals to all men, the government should impartially promote religious worship and instruction. You might notice, if you read the article, that it doesn't refer to any cases — or anything else — more recent than 1949. It turns out there's a reason for this. Here, according to the SSRN abstract, is the backstory (you can find a more complete story, in the author's own words, on the website itself): Mr. Stiegler served in the Second World War and then returned home to Minnesota to attend law school. He wrote this article while a student-member of the Minnesota Law Review during the 1948-49 school year. While reviewing Mr. Stiegler's first draft, the Note Editor rose, slapped his hand on the table proclaiming: I am Catholic. It is the one true religion. This Note will never be published. Mr. Stiegler's name was subsequently removed from the masthead of the Minnesota Law Review and he was denied credit for the activity for his last year of law school. For fifty-seven years the manuscript lay hidden in his desk. In March 2007, Mr. Stiegler contacted the current leadership of the Minnesota Law Review, and they decided to bring Mr. Stiegler's article to the public by editing the work and then publishing it on SSRN and on the webpage of the Minnesota Law Review. Mr. Stiegler's ideas and arguments are still relevant today. (Note: The rest of the SSRN abstract doesn't summarize the article very well, which is why I gave the summary from the Note itself.)