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Full-Text Articles in Law
George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez
George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez
The Journal of Appellate Practice and Process
No abstract provided.
The Rising None: Marsh, Galloway, And The End Of Legislative Prayer, Nicholas C. Roberts
The Rising None: Marsh, Galloway, And The End Of Legislative Prayer, Nicholas C. Roberts
Indiana Law Journal
No abstract provided.
Intentional Discrimination In Establishment Clause Jurisprudence, Caroline Mala Corbin
Intentional Discrimination In Establishment Clause Jurisprudence, Caroline Mala Corbin
Articles
In Town of Greece, New York v. Galloway, the Supreme Court upheld a legislative prayer practice with overwhelmingly Christian prayers in part because the Court concluded that the exclusion of all other religions was unintentional. This requirement-that a religiously disparate impact must be intentional before it amounts to an establishment violation-is new for Establishment Clause doctrine. An intent requirement, however, is not new for equal protection or free exercise claims. This Essay explores the increased symmetry between the Establishment Clause, the Equal Protection Clause, and the Free Exercise Clause. It argues that many of the critiques of the intentional …