Adam MacLeod

Adam MacLeod

Associate Professor of Law

334-386-7527Jones School of Law

About Adam MacLeod

Adam MacLeod is an Associate Professor at Faulkner Law, where he has taught since 2007.  During the 2012-2013 academic year, he was a visiting fellow in the James Madison Program in American Ideals and Institutions at Princeton University, and since 2014 he has taught private law theory in the Witherspoon Institute’s Moral Foundations of Law graduate student seminar.  At Faulkner Law he teaches courses concerning property, intellectual property, jurisprudence, the foundations of law, and the intersection of law & public policy.

Professor MacLeod writes about jurisprudence, private law theory, and property law.  His book, Property and Practical Reason, was published in 2015 by Cambridge University Press.  His articles have appeared in peer-reviewed journals and law reviews in the United States, United Kingdom, and Australia, and he regularly contributes to the journal Public Discourse.

Professor MacLeod received his B.A., summa cum laude, from Gordon College (MA) and his J.D., magna cum laude, from the University of Notre Dame Law School.  After law school, he served as law clerk to Chief Justice Christopher Armstrong and Justice Benjamin Kaplan of the Massachusetts Appeals Court and to Chief Judge Lewis Babcock of the United States District Court for the District of Colorado.  He practiced law in Boston, where he litigated and tried cases, and he has advised the Attorney General and the Governor of Alabama

Professor MacLeod is a member of Christ Church in Montgomery, where he attends with his wife and daughters.  A former and founding member of the Pneuma Brass Quintet in Boston, he is an avid musician, runner, cyclist, skier, hiker, and Notre Dame partisan.



Book and Book Chapter:

  • Property and Practical Reason (Cambridge University Press 2015)
  • The Curious Forms of the Substantial Burden Test in RLUIPA, in Zoning and Planning Law Handbook (ed. Patricia E. Salkin, West, 2012)


Scholarly Articles:

  • Strategic and Tactical Totalization in the Totalitarian Epoch, 5 British Journal of American Legal Studies __ (2016)
  • Rights, Privileges, and the Future of Marriage Law, 28 Regent University Law Review __ (2015) (invited)
  • Bridging the Gaps in Property Theory, 77 Modern Law Review 1009 (2014) (invited review article)
  • Universities as Constitutional Lawmakers, 17 University of Pennsylvania Journal of Constitutional Law Online 1 (2014)
  • Private Rights and Duties, 6 Faulkner Law Review 65 (2014) (invited)
  • Identifying Values in Land Use Regulation, 101 Kentucky Law Journal (forthcoming 2012)
  • The Mystery of Life in the Laboratory of Democracy: Personal Autonomy in State Law, 59 Cleveland State Law Review 589 (2012)
  • Resurrecting the Bogeyman: The Curious Forms of the Substantial Burden Test in RLUIPA, 40 Real Estate Law Journal 115 (2011)
  • Empathy’s White Elephant: Responding to the Subprime Mortgage Crisis Without Denigrating the Poor, 9 Georgetown Journal of Law & Public Policy 283 (2011)
  • A Non-Fatal Collision: Where Religious Land Uses and Community Interests Meet, 42 Urban Lawyer 41 (2010)
  • A Gift Worth Dying For?: Debating the Volitional Nature of Suicide in Personal Property Law, 45 Idaho Law Review 93 (2008)
  • The Search for Moral Neutrality in Same-Sex Marriage Decisions, 23 BYU Journal of Public Law 1 (2008)All for One: A Review of Victim-centric Justifications for Criminal Punishment, 13 Berkeley Journal of Criminal Law 31 (2008)


Essays, Editorials, and Book Reviews:

  • Birth Certificates, Fatherhood, and Same-Sex Marriage: Sotomayor v. Sotomayor, Public Discourse (November 5, 2015)
  • With Robert McFarland, Did the Supreme Court Take Tennessee Courts Out of the Marriage Business?, Public Discourse (September 24, 2015)
  • The Ambiguous Quest for Marriage Equality, Public Discourse (June 25, 2015)
  • There is a Fundamental Right to Marriage, and We Must Preserve It, Public Discourse (June 16, 2015)
  • Modest Conscience Protections in Louisiana Elicit Hysteria, Public Discourse (May 13, 2015)
  • Religious Freedom and Sexual Identity: A Proposal for Peace, Public Discourse (May 8, 2015)
  • The Common Law: Ginsburg Gets It Wrong, Library of Law and Liberty (May 4, 2015)
  • Judicial Tyranny UnMoored, Public Discourse (March 30, 2015)
  • Why Non-Judgmentalism is Unloving, Canon & Culture (March 20, 2015)
  • Judging What?: A Review of Robert Katzmann, Judging Statutes, Library of Law and Liberty (March 2015)
  • The Hidden Costs of Legalized Suicide, Public Discourse (October 27, 2014)
  • S. Lewis’ Meditation in a Toolshed and the Inviolability of Life, Canon & Culture (August 27, 2014)
  • Gordon College and Pluralism in Higher Education, Public Discourse (July 30, 2014)
  • How to Support Religious Liberty, Canon & Culture (July 18, 2014)
  • Have Christian Colleges Lost Their Way?, Canon & Culture (June 9, 2014)
  • What’s at Stake at the Bakery: How Property Rights Got Sexy, Public Discourse (March 4, 2014)
  • Who’s Afraid of Legislative Intent?: A Review of Richard Ekins, The Nature of Legislative Intent, Library of Law and Liberty (February 2014)
  • No Interest in Fathers, Public Discourse (January 14, 2014)
  • What Will Become of Equal Protection for Women?, Public Discourse (September 13, 2013)
  • At and Along: A Review of The Law and Ethics of Medicine by John Keown, 34 Adelaide Law Review 211 (2013)
  • Review of What Is Marriage: Man and Woman: A Defense, Journal of Faith and the Academy (forthcoming 2013)
  • Economic Justice and the Internal Point of View, 17 Journal Jurisprudence 11 (2013)
  • Various Guest Posts, Land Use Prof Blog (October, 2011)
  • A Review of Jean Porterís Ministers of the Law, 4 Journal of Faith and the Academy (2011)
  • The (Contingent) Value of Autonomy and the Reflexivity of (Some) Basic Goods, 5 Journal Jurisprudence 11 (2010)
  • With Katharine B. MacLeod, Two Key Reforms for GOP, Montgomery Advertiser (November 25, 2010)
  • The Law as Bard: Extolling a Culture’s Virtues, Exposing Its Vices, and Telling Its Story, 1 Journal Jurisprudence 11 (2008)
  • Moral Neutrality Abandoned, Mobile Press-Register (May 17, 2008)
  • The Groningen Protocol: Legalized Infanticide in the Netherlands and Why it Should Not be Adopted in the United States, 10 Michigan State Journal of Medicine & Law 557 (2006)
  • With Robert J. Muldoon, Untangling the Conflict Rules, Disqualification of Counsel, 32 Mass. Lawyers Weekly 1435 (March 8, 2004)