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Articles 1 - 3 of 3

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 Apr 2015

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 Jan 2015

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 Jan 2015

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 …