Paul E . McGreal

James L. Koley '54 Professor of Constitutional Law

Professor

P McGreal

Contact

PaulMcGreal@creighton.edu
School of Law
Faculty - Law
Graduate School
LAWC - Ahmanson Law Center - 245

Paul E . McGreal

James L. Koley '54 Professor of Constitutional Law

Professor

Professor McGreal's SSRN Author Page

Professor McGreal was appointed the James L. Koley ’54 Professor of Constitutional Law in July 2025, and has been a Professor of Law since 2015. His teaching, research, and speaking span two fields: constitutional law—particularly religious liberty and the economic analysis of law and religion—and the design and effectiveness of corporate compliance and ethics programs.

In constitutional law, Professor McGreal has published widely on First Amendment doctrine and theory, with recent articles including Reforming the Ministerial Exception in the Villanova Law Review (2024), True Threats and the Neuroscience of Fear in Case Western Reserve Law Review (forthcoming 2025) and Resolving the Ministerial Exception's Economic Paradox in the Florida State University Law Review (forthcoming 2026). One of his current research projects applies economic analysis to claims of clergy malpractice, and another examines the relevance of historical analogies from religious persecution in Reformation Era Europe to current litigation over Ten Commandments displays in public schools.

He is co-author of the leading constitutional law student guide Questions & Answers: Constitutional Law (4th ed., Carolina Academic Press 2023), and the coursebook Skills & Values: The First Amendment (3rd ed., LexisNexis 2021).

On the compliance side, Professor McGreal has written, taught, and spoken on the subject since 1997. During that time, he was a frequent speaker at the Practising Law Institute’s annual Compliance and Ethics Workshop. For over fiften years, he wrote the annual Corporate Compliance Survey for the ABA publication The Business Lawyer, and he published the article Caremark in the Arc of Compliance History in the Temple Law Review. He founded and served as Director of the Corporate Compliance Center at South Texas College of Law (2003–06), where he taught the first course on corporate compliance and ethics programs at a US law school. He is also a founding faculty member of the Texas A&M Mays Executive MBA Program, where he has taught modules on corporate compliance and ethics since 1999.

Professor McGreal’s administrative leadership includes terms as Dean of Creighton University School of Law (2015–17) and Dean of the University of Dayton School of Law (2011–15). He was previously Director of Faculty Development and Interim Associate Dean for Academic Affairs at Southern Illinois University School of Law.

Professor McGreal was a full-time faculty member at South Texas College of Law Houston from 1996 to 2006, and at SIU School of Law from 2006 to 2011. He has also been a visiting professor at George Mason University (spring 2022) and SMU (spring 1996).

Professor McGreal received his LL.M. from Yale Law School (1994) after clerking for the Hon. Warren W. Matthews of the Alaska Supreme Court, and graduated magna cum laude from SMU Dedman School of Law (J.D. 1992), where he served as Editor-in-Chief of the SMU Law Review/Southwestern Law Journal. He holds a B.A. in Economics, cum laude, from Williams College (1989).
 

Research Focus

One of my current works-in-progress discusses how the Reformation-era practice of "auslauf" (or "going out") can inform the interpretation of the Religion Clauses of the First Amendment. In mixed religious communities, auslauf typically was an informal practice of religious toleration where dissenters from the legally established religion traveled outside the city to worship, and the local authorities would look the
other way. My article argues that practices like auslauf were "toleration by displacement," where the majority faith claims public space and effectively forces dissenters to exit that space to preserve their religious conscience. I argue that the Supreme Court should recognize such practices as one of the hallmarks of a prohibited religious establishment under the First Amendment. An example of such a practice is the recitation of sectarian religious prayers in public schools and at government functions.

Another work-in-progress applies economic analysis to the legal claim of clergy malpractice.

Department

Law

Position

Professor

Books

  • Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in Advanced Compliance and Ethics Workshop 117 (Practising Law Inst. ed) 2018
  • Paul E. McGreal, An Introduction to Corporate Compliance and Ethics Programs, in Compliance & Ethics Essentials 305 (Practising Law Inst) 2018
  • Paul E. McGreal, An Introduction to Corporate Compliance and Ethics Programs, in CORPORATE COMPLIANCE AND ETHICS INSTITUTE 327 (Practising Law Inst) 2017
  • Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in Advanced Compliance and Ethics Workshop 117 (Practising Law Inst) 2017
  • Charles W. Rhodes, Paul E. McGreal & Kathleen A. Bergin, Skills & Values: The First Amendment (2d ed) 2013

Articles

  • Paul E. McGreal, An Introduction to Corporate Compliance and Ethics Programs, in COMPLIANCE & ETHICS ESSENTIALS 2022 261, Practicing Law Inst. ed. 2022
  • Paul E. McGreal, An Introduction to Corporate Compliance and Ethics Programs, in COMPLIANCE & ETHICS ESSENTIALS 2022 261, Practising Law Inst. ed., 2022
  • Charles W. Rhodes & Paul E. McGreal, SKILLS & VALUES: THE FIRST AMENDMENT, 3d ed. 2021
  • Paul E. McGreal, An Introduction to Corporate Compliance and Ethics Programs, in COMPLIANCE & ETHICS ESSENTIALS 2021 271, Practicing Law Inst. ed 2021
  • Paul E. McGreal, Corporate Compliance Survey, 76 BUS. LAW. 561 2021
  • Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in ADVANCED COMPLIANCE AND ETHICS WORKSHOP 223 (Practising Law Inst. ed., 2020). https://dspace2.creighton.edu/xmlui/handle/10504/128597 2020
  • Paul E. McGreal, An Introduction to Corporate Compliance and Ethics Programs, in Advanced Compliance and Ethics Workshop 1 (Practising Law Inst) 2020
  • Paul E. McGreal, Corporate Compliance Survey, 74 Bus. Law. 1179 2019
  • Paul E. McGreal, Implications of Extrajudicial Enforcement of the U.S. Foreign Corrupt Practices Act for Anti-Corruption Compliance and Ethics Programs, U. Ill. L. Rev. 1151 2019
  • Paul E. McGreal, An Introduction to Corporate Compliance and Ethics Programs, in Compliance & Ethics Essentials 729 (Practising Law Inst) 2019
  • Paul E. McGreal, Corporate Compliance Survey, 73 Bus. Law. 817 2018
  • Paul E. McGreal, Caremark in the Arc of Compliance History, 90 Temple L. Rev. 647 2018
  • Paul E. McGreal, Horseshoes and Hand Grenades: Protecting Compliance Officers from the At-Will Employment Doctrine, 48 U. TOL. L. REV. 485 2017
  • Paul E. McGreal, On the Cost Disease and Legal Education, 66 Syracuse L. Rev. 631 2016
  • Paul E. McGreal, Corporate Compliance Survey, 71 Bus. Law. 227 (2015-2016). 2015
  • Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in Advanced Compliance and Ethics Workshop 121 (Practising Law Inst) 2015
  • Paul E. Mcgreal, An Introduction to Corporate Compliance and Ethics Programs, in Corporate Compliance and Ethics Institute 23 (Practising Law Inst) 2015
  • Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in Advanced Compliance and Ethics Workshop 165 (Practising Law Inst) 2014
  • Paul E. McGreal, An Introduction to Corporate Compliance and Ethics Programs, in Corporate Compliance and Ethics Institute 495 (Practising Law Inst) 2014
  • Paul E. McGreal, Corporate Compliance Survey, 69 Bus. Law. 107 2013
  • Paul E. McGreal, An Introduction to Corporate Compliance and Ethics Programs, in Corporate Compliance and Ethics Institute 447 (Practising Law Inst) 2013
  • Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in Advanced Compliance and Ethics Workshop 71 (Practising Law Inst) 2013
  • Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in Advanced Compliance and Ethics Workshop 107 (Practising Law Inst) 2012
  • Charles J. Russo & Paul E. McGreal, Religious Freedom in American Catholic Higher Education, 39 Religion & Educ. 116 2012
  • Paul E. McGreal, Corporate Compliance Survey, 68 Bus. Law. 163 2012
  • Paul E. McGreal, An Introduction to Corporate Compliance and Ethics Programs, in Corporate Compliance and Ethics Institute 445 (Practising Law Inst) 2012
  • Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in Advanced Compliance and Ethics Workshop 67 (Practising Law Inst) 2011
  • Paul E. McGreal, Corporate Compliance Survey, 67 Bus. Law 2011
  • Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in Corporate Compliance and Ethics Institute 163 (Practising Law Inst) 2011
  • Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in Advanced Compliance and Ethics Institute 95 (Practising Law Inst) 2010
  • Paul E. McGreal, Corporate Compliance Survey, 66 Bus. Law. 125 2010
  • Paul E. McGreal, An Introduction to Corporate Compliance and Ethics Programs, in Corporate Compliance and Ethics Institute 635 (Practising Law Inst) 2010
  • Paul E. McGreal, The Making of the Supreme Court’s Free Exercise Clause Jurisprudence: Lessons from the Blackmun and Powell Papers in Bowen v. Roy, 34 S. Ill. U. L.J. 469 2010
  • Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in Corporate Compliance and Ethics Institute 115 (Practising Law Inst) 2009
  • Paul E. McGreal, Cutting Edge Issues in Corporate Compliance, in 2 Corporate Compliance Practice Guide: The Next Generation of Compliance Ch. 56 (Carole Basri) 2009
  • Paul E. McGreal, Corporate Compliance Survey, 65 Bus. Law. 193 2009
  • Paul E. McGreal, Book Review, 25 J.L. & Religion 583 (2009) (reviewing John Witte, Jr., The Sins of the Fathers: The Law and Theology of Illegitimacy Reconsidered) 2009
  • Newsletter (ABA Section of the Bus. Law Comm. on Corporate Compliance) (2009-2010) (Paul E. McGreal ed.). 2009
  • Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in Advanced Corporate Compliance and Ethics Workshop 139 (Practising Law Inst) 2009
  • Paul E. McGreal, The Unpublished Free Exercise Opinion in Jensen v. Quaring, 33 S. Ill. U. L.J. 1 2008
  • Paul E. McGreal & James J. Alfini, Debate, First Amendment Limits on the Regulation of Judicial Campaign Speech: Defining the Government’s Interest, 157 U. Pa. L. Rev. PENNumbra 76 2008
  • Paul E. McGreal, Social Capital in Constitutional Law: The Case of Religious Norm Enforcement Through Prayer at Public Occasions, 40 Ariz. St. L.J. 585 2008
  • Paul E. McGreal, Corporate Compliance Survey, 64 Bus. Law. 253 2008
  • Paul E. McGreal, The Case for a Constitutional Easement Approach to Permanent Monuments in Traditional Public Forums, 103 Nw. U. L. Rev. Colloquy 185 2008
  • Paul E. McGreal, Corporate Compliance Survey, in Advanced Corporate Compliance Workshop 101 (Practising Law Inst. ed., 2007), reprinted in Corporate Compliance and Ethics Institute 179 (Practising Law Inst) 2007
  • Paul E. McGreal, Counteracting Ambition: Applying Corporate Compliance and Ethics to the Separation of Powers Concerns with Domestic Surveillance, 60 SMU L. Rev. 1571 2007
  • Paul E. McGreal & Linda Eads, Questions & Answers: Constitutional Law (2d ed.) 2007
  • Paul E. McGreal, In Defense of Complete Preemption, 156 U. Pa. L. Rev. PENNumbra 147 2007
  • Paul E. McGreal, The Amended Organizational Sentencing Guidelines: Top Ten Things Attorneys Should Know, HOUS. LAW. , Mar./Apr. 2005, at 10, reprinted in Advanced Corporate Compliance Workshop 93 (Practising Law Inst. ed., 2006), and in Corporate Compliance and Ethics Institute 133 (Practising Law Inst. ed) 2007
  • Paul E. McGreal, Best Practices in Corporate Compliance: Survey Results and Analysis, 25 Corp. Couns. Rev. 29 2006
  • Paul E. McGreal, The Amended Organizational Sentencing Guidelines: Top Ten Things Attorneys Should Know, in Advanced Corporate Compliance Workshop 71 (Practising Law Institute ed., 2005), reprinted in Corporate Compliance Institute 49 (Practising Law Inst) 2006
  • Paul E. McGreal, Top Ten Things Corporate Counsel Should Know About the Amended Organizational Sentencing Guidelines, 24 Corp. Couns. Rev. 67 2005
  • Paul E. McGreal, A Constitutional Defense of Legislative History, 13 Wm. & Mary Bill Rts. J. 1267 2005
  • Paul E. McGreal, Legal Risk Assessment After the Amended Sentencing Guidelines: The Challenge for Small Organizations, in 2 Corporate Compliance Institute 123 (Practising Law Inst.) 2005
  • Paul E. McGreal, Legal Risk Assessment After the Amended Sentencing Guidelines: The Challenge for Small Organizations, 23 Corp. Couns. Rev. 153 2004
  • Paul E. McGreal, Slighting Context: On the Illogic of Ordinary Speech in Statutory Interpretation, 52 U. Kan. L. Rev. 325 2004
  • Paul E. McGreal & Linda Eads, Questions & Answers: Constitutional Law (2003 & Supp. 2004-2006). 2003
  • Paul E. McGreal, The Pine Tar Incident, in Courting the Yankees: Legal Essays on the Bronx Bombers 131 (Ettie Ward) 2003
  • Paul E. McGreal, Saving Article I from Seminole Tribe: A View from The Federalist Papers, 55 SMU L. Rev. 393 2002
  • Paul E. McGreal, Why Repeal of the Death Tax Means the Second Demise of Substantive Due Process, 39 San Diego L. Rev. 551 2002
  • Paul E. McGreal & DeeDee Baba, Applying Coase to Qui Tam Actions Against the States, 77 Notre Dame L. Rev. 87 2001
  • Paul E. McGreal, Unconstitutional Politics, 76 Notre Dame L. Rev. 519 2001
  • Paul E. McGreal, There Is No Such Thing as Textualism: A Case Study in Constitutional Method, 69 Fordham L. Rev. 2393 2001
  • Paul E. McGreal, Impeachment as a Remedy for Ethics Violations, 41 S. Tex. Law Rev. 1369 2000
  • Paul E. McGreal, Ambition’s Playground, 68 Fordham L. Rev. 1107 2000
  • Paul E. McGreal, The Role of Suspicion in Federal Equal Protection, 8 Wm. & Mary Bill Rts. J. 183 1999
  • Paul E. McGreal & Jeffrey D. Kyle, Conflict of Laws, 52 SMU L. Rev. 835 1999
  • Paul E. McGreal, Alaska Equal Protection: Constitutional Law or Common Law?, 15 Alaska L. Rev. 209 1998
  • Paul E. McGreal, The Flawed Economics of the Dormant Commerce Clause, 39 Wm. & Mary L. Rev. 1191 1998
  • Paul E. McGreal, Constitutional Illiteracy, 30 Ind. L. Rev. 693 (1997) (reviewing Louis Michael Seidman & Mark V. Tushnet, Remnants of Belief: Contemporary Constitutional Issues (1996)) 1997
  • Paul E. McGreal, Equal Protection and Intersectionality – A Reply to Professor Yarbrough, 38 S. Tex. L. Rev. 1167 1997
  • Paul E. McGreal, Some Rice with Your Chevron? Presumption and Deference in Regulatory Preemption, 45 Case W. Res. L. Rev. 823 1995
  • Paul E. McGreal, Conflict of Laws, 47 SMU L. Rev. 865 1994
  • Paul E. McGreal, Conflict of Laws, 46 SMU L. Rev. 1123 1993
  • Paul E. McGreal, A Tale of Two Courts: The Alaska Supreme Court, the United States Supreme Court, and Retroactivity, 9 Alaska L. Rev. 305 1992
  • Paul E. McGreal, Back to the Future: The Supreme Court's Retroactivity Jurisprudence, 15 Harv. J.L. & Pub. Pol'y 595 1992

Publications

  • Paul E. McGreal, Are We to Be a Profession?, 56 Tex. B.J. 38 1993