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Rules Of The Game: The "Play In The Joints" Between The Religion Clauses, Sharon Keller
Rules Of The Game: The "Play In The Joints" Between The Religion Clauses, Sharon Keller
ExpressO
Locke v. Davey is an exemplar of the new generation of Establishment clause cases that, particularly in Zelman v. Simmons-Harris, have written into law a safe harbor, private choice, for governmental benefits that find their way into the coffers of religious institutions in amounts that are neither incidental nor trivial. In Locke the options presented in the private choice arguably infringed upon Free Exercise rights-- the dilemma that gives rise to the title of this article. Over the vigorous dissent of Justice Scalia, the Locke Court’s analysis of the permissibility of the conditioned benefit was based upon the argument that …
The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin
The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin
Cornell Law Faculty Publications
Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
Lucinda Peach addresses the issue of religious lawmaking by focusing on the constitutional implications and gender issues that she argues have been overlooked by the Supreme Court and by participants in the debate about religion in politics.
God, Jesus, Allah And Yahweh Should Be Government Employees: How Zelman V. Simmons-Harris Can Establish A Constitutional Framework For Government Funding Of Faith-Based Services, Craig A. Newell Jr.
God, Jesus, Allah And Yahweh Should Be Government Employees: How Zelman V. Simmons-Harris Can Establish A Constitutional Framework For Government Funding Of Faith-Based Services, Craig A. Newell Jr.
Villanova Law Review
No abstract provided.
Freethought Society V. Chester County And The Ten Commandments Debate: The Buck Stops Here For Establishment Clause Challenges To Religious Public Displays In The Third Circuit, Lauren A. Cates
Villanova Law Review
No abstract provided.