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Mark Strasser

2008

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Religion In The Schools, Mark Strasser Mar 2008

Religion In The Schools, Mark Strasser

Mark Strasser

This Article traces the development of modern Establishment Clause jurisprudence with respect to religion in the public schools, noting how the Court’s analyses and justifications have changed over time, protestations to the contrary notwithstanding. The Article examines how the logic of the Court’s current approach would permit practices long thought to violate Establishment Clause guarantees, concluding that the current approach is radically misconceived as a matter of both constitutional law and good public policy.