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Full-Text Articles in Law
Coercion And Choice Under The Establishment Clause, Cynthia V. Ward
Coercion And Choice Under The Establishment Clause, Cynthia V. Ward
Faculty Publications
In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the test. …
Zelman V. Simmons-Harris, Neal Devins
Section 1: Moot Court, Locke V. Davey, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court, Locke V. Davey, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 1: Mitchell V. Helms, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Mitchell V. Helms, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
A Judicial Postscript On The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne
A Judicial Postscript On The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne
Faculty Publications
This work is a continuation of the debate regarding the Establishment Clause. The focus lies with Justice O’Connor’s concurrence in County of Allegheny v. ACLU and how this opinion harkens back to a concept shared by Jefferson and Madison, that the establishment clause is designed to prevent government favoritism.
The Supreme Court And Private Schools: An Update, Neal Devins
The Supreme Court And Private Schools: An Update, Neal Devins
Popular Media
No abstract provided.
Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne
Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne
Faculty Publications
No abstract provided.
Inconsistent Standards Of Review In Last Term's Establishment Clause Cases, Neal Devins
Inconsistent Standards Of Review In Last Term's Establishment Clause Cases, Neal Devins
Popular Media
No abstract provided.