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Articles 1 - 7 of 7
Full-Text Articles in Law
Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman
Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman
Faculty Scholarship
No abstract provided.
Marsh V. Chambers: The Supreme Court Takes A New Look At The Establishment Clause, Diane L. Walker
Marsh V. Chambers: The Supreme Court Takes A New Look At The Establishment Clause, Diane L. Walker
Pepperdine Law Review
No abstract provided.
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Chicago-Kent Law Review
Some form of government neutrality toward religion, in contrast to a more pro-religion stance or a turn toward nonjusticiability, is the only interpretation of the Establishment Clause that can potentially lead to a national consensus concerning the proper role of religion in American public life. But to achieve that goal, neutrality theory must acknowledge and engage the need for the expressions of deep meaning on public occasions and in the public square generally. Current neutrality doctrine promotes a silent and empty public square. This article proposes an interpretation of neutrality that would allow a symbol-rich, meaning-full public square without violating …
The Future Of The Establishment Clause In Context: A Response To Ledewitz, Christopher C. Lund
The Future Of The Establishment Clause In Context: A Response To Ledewitz, Christopher C. Lund
Chicago-Kent Law Review
No abstract provided.
A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan
A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan
Michigan Law Review
Now pending before the Supreme Court is the most important church-state issue of our time: whether publicly funded vouchers may be used at private, religious schools without violating the Establishment Clause. The last time the Court considered school aid, it overruled precedent and upheld a government program providing computers and other instructional materials to parochial schools. In a plurality opinion defending that result, Justice Thomas dismissed as irrelevant the fact that some aid recipients were "pervasively sectarian." That label, said Thomas, had a "shameful pedigree." He traced it to the Blaine Amendment, proposed in 1875, which would have altered the …
The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice
The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice
Journal Articles
It is not my purpose here to discuss the possible extensions of the school prayer decisions. Rather, I am concerned only with the thought that the unqualified incorporation of the broad definition of religion into the establishment clause is perhaps the root fallacy in the Court's reasoning. In order to avoid an institutionalization of agnosticism as the official public religion of this country, the Court ought to acknowledge that nontheistic religions are not entitled to such unqualified recognition under the establishment clause as to bar even a simple governmental affirmation that in fact the Declaration of Independence is true when …
Let Us Pray - An Amendment To The Constitution, Charles E. Rice
Let Us Pray - An Amendment To The Constitution, Charles E. Rice
Journal Articles
The catholic, and especially the Catholic lawyer, ought to consider the school prayer matter in several aspects. One aspect is the problem of constitutionality. Another is the question of the practical benefit to be derived from the institutionalization of governmentally-sponsored religious observances. And a third is the problem of whether the long-term interest of the Church will be served by an amendment to overrule the United States Supreme Court's decisions. It will be profitable here to discuss the problems of constitutionality and practical benefit before proceeding to an inquiry as to whether the Catholic opponents of an amendment are, perhaps …