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Why Religion In Politics Does Not Violate La Conception Américaine De La Laïcité, Michael J. Perry Jul 2006

Why Religion In Politics Does Not Violate La Conception Américaine De La Laïcité, Michael J. Perry

Indiana Journal of Global Legal Studies

La conception Am6ricaine de la Laĭcité consists principally of a constitutional norm-the nonestablishment norm-and of the laW that the U.S. Supreme Court has developed in the course of enforcing the norm. The nonestablishment norm forbids government-both the national government and state government-to "establish" religion. American laYcit6 also consists of what we may call "the morality of liberal democracy. " My aim in this essay is to explain why religion in politics does not violate American laYcit6; more specifically, my aim is to explain why political reliance on religiously grounded morality violates neither the nonestablishment norm nor the morality of liberal …


The California Missions Preservation Act: Safeguarding Our History Or Subsidizing Religion?, Stacey L. Mahaney Jun 2006

The California Missions Preservation Act: Safeguarding Our History Or Subsidizing Religion?, Stacey L. Mahaney

American University Law Review

No abstract provided.


Between A Man And His God: Violating The First Amendment Through Compelled Behavior Modification, Charles Davis Jan 2006

Between A Man And His God: Violating The First Amendment Through Compelled Behavior Modification, Charles Davis

Seattle University Law Review

Part II of this Note discusses the facts leading up to Boone v. State and the First Amendment arguments raised by Boone. Part III offers a brief historical perspective on religion in the American legal system, emphasizing specific developments relevant to Boone's case. Part IV analyzes the court's fatally flawed analysis, and Part V addresses the ramifications of the holding and offers some suggestions.


Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden Jan 2006

Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden

Seattle University Law Review

The Administration's Faith-Based Initiatives would fail a constitutional challenge under the Establishment Clause of the First Amendment. Applying the three-pronged test developed in Lemon v. Kurtzman and Zelman v. Simmons-Harris, this Comment concludes that the Initiatives, (1) though purportedly secular, have been enacted for a sectarian purpose and are not neutral toward religion; (2) are coercive and fail to fulfill the condition of private choice because the rural poor, such as those in Franklin County, Washington, whom the Initiatives target, realistically cannot choose between non-religious and sectarian service providers; and (3) to the extent that Initiative funded programs can …


The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin Jan 2006

The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler Jan 2006

Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Thou Shalt Not?, Mark Strasser Jan 2006

Thou Shalt Not?, Mark Strasser

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Could Jesus Serve On A Jury - Not In The Third Circuit: Religion-Based Peremptory Challenges In United States V. Dejesus And Bronshtein V. Horn, Anthony D. Foti Jan 2006

Could Jesus Serve On A Jury - Not In The Third Circuit: Religion-Based Peremptory Challenges In United States V. Dejesus And Bronshtein V. Horn, Anthony D. Foti

Villanova Law Review

No abstract provided.