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Separating Church And State: Transfers Of Government Land As Cures For Establishment Clause Violations, Paul Forster
Separating Church And State: Transfers Of Government Land As Cures For Establishment Clause Violations, Paul Forster
Chicago-Kent Law Review
The note examines one of the issues currently before the Supreme Court in Salazar v. Buono, the case concerning a Latin cross war memorial in the Mojave desert. The issue is whether the government may, by transferring land to private parties, cure Establishment Clause violations caused by permanent displays that contain religious imagery. The article surveys the Court's Establishment Clause jurisprudence as it applies to permanent displays, discussing the sometimes-used and sometimes-ignored Lemon-endorsement standard and the potential shift to a coercion standard. It concludes by arguing that even under the Lemon-endorsement standard, courts should often allow the …
October 23, 2009: Why Does The New Atheism Fail?, Bruce Ledewitz
October 23, 2009: Why Does The New Atheism Fail?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Does the New Atheism Fail?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 18, 2009: Where Does Relativism Come From?, Bruce Ledewitz
October 18, 2009: Where Does Relativism Come From?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Where Does Relativism Come From?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 16, 2009: Higher Law In The Public Square Meets The High School Cheerleader, Bruce Ledewitz
October 16, 2009: Higher Law In The Public Square Meets The High School Cheerleader, Bruce Ledewitz
Hallowed Secularism
Blog post, “Higher Law in the Public Square Meets the High School Cheerleader“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Deed Of Mistrust?: The Use Of Land Transfers To Evade The Establishment Clause, David C. Peet
Deed Of Mistrust?: The Use Of Land Transfers To Evade The Establishment Clause, David C. Peet
American University Law Review
No abstract provided.
August 15, 2009: Higher Law At Netroots Nation, Bruce Ledewitz
August 15, 2009: Higher Law At Netroots Nation, Bruce Ledewitz
Hallowed Secularism
Blog post, “Higher Law at Netroots Nation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 30, 2009: Jesus Is Back In The Legislature, Thank God, Bruce Ledewitz
July 30, 2009: Jesus Is Back In The Legislature, Thank God, Bruce Ledewitz
Hallowed Secularism
Blog post, “Jesus is Back in the Legislature, Thank God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 19, 2009: Getting Jesus Out Of The Legislature, Bruce Ledewitz
July 19, 2009: Getting Jesus Out Of The Legislature, Bruce Ledewitz
Hallowed Secularism
Blog post, “Getting Jesus Out of the Legislature“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 17, 2009: America Is Not A Christian Nation, Bruce Ledewitz
April 17, 2009: America Is Not A Christian Nation, Bruce Ledewitz
Hallowed Secularism
Blog post, “America is not a Christian Nation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 6, 2009: No Constitutional Right To Shoot Police Officers, Bruce Ledewitz
April 6, 2009: No Constitutional Right To Shoot Police Officers, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Constitutional Right to Shoot Police Officers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 22, 2009: A Restatement Of The Establishment Clause, Bruce Ledewitz
March 22, 2009: A Restatement Of The Establishment Clause, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Restatement of the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 3, 2009: Holy Hullabaloo Over A Ten Commandments Display, Bruce Ledewitz
March 3, 2009: Holy Hullabaloo Over A Ten Commandments Display, Bruce Ledewitz
Hallowed Secularism
Blog post, “Holy Hullabaloo Over a Ten Commandments Display“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 1, 2009: Imagine The Court Being Helpful, Bruce Ledewitz
March 1, 2009: Imagine The Court Being Helpful, Bruce Ledewitz
Hallowed Secularism
Blog post, “Imagine the Court Being Helpful“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Dueling First Amendments: Government As Funder And The Establishment Clause, Carol Nackenoff
The Dueling First Amendments: Government As Funder And The Establishment Clause, Carol Nackenoff
Schmooze 'tickets'
No abstract provided.
January 22, 2009: Rick Warren's Prayer, Bruce Ledewitz
January 22, 2009: Rick Warren's Prayer, Bruce Ledewitz
Hallowed Secularism
Blog post, “Rick Warren's Prayer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Foreword: Our Paradoxical Religion Clauses, Mark A. Graber
Foreword: Our Paradoxical Religion Clauses, Mark A. Graber
Faculty Scholarship
No abstract provided.
House Of Wisdom Or A House Of Cards? Why Teaching Islam In U.S. Foreign Detention Facilities Violates The Establishment Clause, Scott Thompson
House Of Wisdom Or A House Of Cards? Why Teaching Islam In U.S. Foreign Detention Facilities Violates The Establishment Clause, Scott Thompson
Publications
In an attempt to erase Islamic-fundamentalist sentiments held by detainees apprehended in the course of the "war on terror," the United States government began teaching and preaching a more moderate version of the Qur'an and Islam to detainees in Iraq. One such detention program in Iraq was dubbed the House of Wisdom. But the wisdom of such a practice is highly suspect--both because it likely runs afoul of the Establishment Clause of the First Amendment and because it may be doing more harm than good to the American effort to defuse Islamic-extremism and anti-American sentiment. This Article examines the practice …
Can The Accommodationist Achieve Pluralism?, Lisa Shaw Roy
Can The Accommodationist Achieve Pluralism?, Lisa Shaw Roy
Seattle University Law Review
This paper is based on my brief remarks on a panel dedicated to “reimagining the relationship between religion and law” and focuses on the U.S. Supreme Court's church and state jurisprudence. In particular, I ask whether an approach to the Establishment Clause known as accommodation is consonant with the larger concept of pluralism, particularly in the context of public religious symbols and displays, and offer some proposals and tentative conclusions. I propose two alternatives, signs and disclaimers, and tentatively conclude that the use of either might relieve the perceived tension between accommodation and pluralism.
Pleasant Grove V. Summum: Losing The Battle To Win The War, Ian C. Bartrum
Pleasant Grove V. Summum: Losing The Battle To Win The War, Ian C. Bartrum
Scholarly Works
This short essay explores the potential doctrinal implications of the Supreme Court's recent decision in Pleasant Grove v. Summum.
The Courts Under President Obama, Scott A. Moss
Divided We Fall: Religion, Politics, And The Lemon Entanglements Prong, Stephen M. Feldman
Divided We Fall: Religion, Politics, And The Lemon Entanglements Prong, Stephen M. Feldman
Stephen M. Feldman
The 2008 campaign for the presidency should remind Americans that mixing religion and politics can be dangerous. Polls show that more than half of American voters would hesitate to support a Mormon candidate. In terms of Establishment Clause doctrine, the entanglements prong of the Lemon test provides a mechanism for protecting political equality by ensuring against religiously-inspired political divisiveness. Yet, in recent years, numerous scholars and Supreme Court Justices have attacked the entanglements prong. Indeed, the Court has poked so many holes in the entanglements inquiry that it may no longer exist. This Article defends the political-divisiveness component of the …