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Constitutional Law

Alan E Garfield

Religion

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And The Wall Comes Tumbling Down: How The Supreme Court Is Striking The Wrong Balance Between Majority And Minority Rights In Church And State Cases, Alan Garfield Dec 2014

And The Wall Comes Tumbling Down: How The Supreme Court Is Striking The Wrong Balance Between Majority And Minority Rights In Church And State Cases, Alan Garfield

Alan E Garfield

One of the Supreme Court’s primary responsibilities in church and state cases is to strike the right balance between majority and minority rights. But in two high profile cases decided in its last term, the Supreme Court struck the wrong balance in both. In Town of Greece v. Galloway, concerning prayers at the beginning of a small town’s board meetings, the Court was too deferential to the religious majority’s preferred prayer practice and inadequately sensitive to the practice’s impact on religious minorities. In Burwell v. Hobby Lobby Stores, Inc., concerning the right of for-profit corporations to be exempted from the …

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Supreme Court Religious Freedom Case Should Give Us Pride, Alan E. Garfield Oct 2014

Supreme Court Religious Freedom Case Should Give Us Pride, Alan E. Garfield

Alan E Garfield

No abstract provided.

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When Religion And Law Conflict, Alan Garfield Jan 2013

When Religion And Law Conflict, Alan Garfield

Alan E Garfield

Religion and law.

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Cheer On Separation Of School, Religious Messages, Alan E. Garfield Dec 2012

Cheer On Separation Of School, Religious Messages, Alan E. Garfield

Alan E Garfield

No abstract provided.

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Religious Right Versus Government Interest, Alan E. Garfield May 2012

Religious Right Versus Government Interest, Alan E. Garfield

Alan E Garfield

No abstract provided.

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Separation Of Santa And State Is Smart, Fair, Alan E. Garfield Dec 2009

Separation Of Santa And State Is Smart, Fair, Alan E. Garfield

Alan E Garfield

No abstract provided.

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Finding Shared Values In A Diverse Society: Lessons From The Intelligent Design Controversy, Alan E. Garfield Dec 2007

Finding Shared Values In A Diverse Society: Lessons From The Intelligent Design Controversy, Alan E. Garfield

Alan E Garfield

One of the nation’s more profound and volatile ideological divides is between fundamentalist religious adherents and secular members of society. This divide has been particularly salient in recent years as issues challenging traditional religious morality – abortion, gay marriage, and stem-cell research – have been exploited as wedge issues for political gain. In this Article, I join the efforts of other scholars to find a way to bridge the gap between religious and secular Americans. By focusing on one particularly contentious front in the religious-secular wars – the teaching of intelligent design – I am able to identify a value …

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