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Articles 1 - 27 of 27
Full-Text Articles in Law
The Schofield/Gunner Decisions And Episcopal Church Property-Splitting Litigation: Considering Proposed Improvements To The Litigation Process And The Neutral Principles Of Law Doctrine, Ten Years On, Timothy D. Watson
William & Mary Business Law Review
In recent years, the Episcopal Church in the United States has seen a spate of parishes leaving the Church. Many of these departing parishes have attempted to take property with them as they leave and continue to operate independently or realign themselves with a different denomination. The Episcopal Church maintains that this property is held by the parishes on behalf of the national Church, and has generally been successful in obtaining a return of the property through legal action. In deciding these suits, state courts have skirted carefully around the contours of ecclesiastical questions; many state courts, following the Supreme …
Religious Tests And The British Monarchy, Nathan B. Oman
Religious Tests And The British Monarchy, Nathan B. Oman
Popular Media
No abstract provided.
The Need For A Law Of Church And Market, Nathan B. Oman
The Need For A Law Of Church And Market, Nathan B. Oman
Faculty Publications
This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …
The Only Thing We Have To Fear Is Fear Itself: Islamophobia And The Recently Proposed Unconstitutional And Unnecessary Anti-Religion Laws, Lee Tankle
William & Mary Bill of Rights Journal
No abstract provided.
The Congressional Chaplaincies, Christopher C. Lund
The Congressional Chaplaincies, Christopher C. Lund
William & Mary Bill of Rights Journal
Roughly twenty-five years ago, in Marsh v. Chambers, the Supreme Court considered the congressional chaplaincies, and concluded that they were not "an 'establishment' of religion or a step toward establishment," but instead were "simply a tolerable acknowledgment of beliefs widely held among the people of this country."' That latter phrase has been repeated hundreds of times in cases and law review articles; it suggests that the chaplaincies are uninteresting and uncontroversial and that they have been so throughout our history. The Court in Marsh looked only briefly at the history of the chaplaincies.2 A deeper look at that history reveals …
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Faculty Publications
No abstract provided.
Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky
Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky
William & Mary Bill of Rights Journal
No abstract provided.
"Religion-Neutral" Jurisprudence: An Examination Of Its Meaning And End, L. Scott Smith
"Religion-Neutral" Jurisprudence: An Examination Of Its Meaning And End, L. Scott Smith
William & Mary Bill of Rights Journal
No abstract provided.
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.
The Story Of A Forgotten Battle, Nathan B. Oman
The Story Of A Forgotten Battle, Nathan B. Oman
Faculty Publications
No abstract provided.
The Praxis Of Church And State In The (Under)Development Of Women's Religion From France To The New World, Barbara L. Bernier
The Praxis Of Church And State In The (Under)Development Of Women's Religion From France To The New World, Barbara L. Bernier
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Religion In The Public Square, Davison M. Douglas
Religion In The Public Square, Davison M. Douglas
William & Mary Law Review
No abstract provided.
Religion, Democracy, And Autonomy: A Political Parable, Steven D. Smith
Religion, Democracy, And Autonomy: A Political Parable, Steven D. Smith
William & Mary Law Review
No abstract provided.
Why Political Reliance On Religiously Grounded Morality Does Not Violate The Establishment Clause, Michael J. Perry
Why Political Reliance On Religiously Grounded Morality Does Not Violate The Establishment Clause, Michael J. Perry
William & Mary Law Review
No abstract provided.
Transcript Of Speech On American Atheists' Position On Religion In The Public Schools, Ellen Johnson
Transcript Of Speech On American Atheists' Position On Religion In The Public Schools, Ellen Johnson
William & Mary Bill of Rights Journal
Religious discussion in American public schools is one of the more controversial issues in modern education. Ellen Johnson not only explains the American Atheists 'position on the issue, but also presents observations from the often-ignored Atheist perspective. Johnson's remarks serve to remind us that there are other views on the subject besides the popular opinions concerning accommodation and access to school facilities.
Who Speaks For The State?: Religious Speakers On Government Platforms And The Role Of Disclaiming Endorsement, Steven H. Aden
Who Speaks For The State?: Religious Speakers On Government Platforms And The Role Of Disclaiming Endorsement, Steven H. Aden
William & Mary Bill of Rights Journal
The recent Supreme Court decision in Santa Fe Independent School District v. Doe prohibits prayer at school-sponsored events. In this Article the author analyzes the development of Supreme Court jurisprudence in the area of religion in public schools. Noting the tension between the Establishment and Free Speech Clauses, the author proposes the use of disclaimers to allow student expression at school events to avoid violating the Establishment Clause.
Religion In The Public Schools After Santa Fe Independent School District V. Doe: Time For A New Strategy, Steven W. Fitschen
Religion In The Public Schools After Santa Fe Independent School District V. Doe: Time For A New Strategy, Steven W. Fitschen
William & Mary Bill of Rights Journal
In this Essay, Steven Fitschen, President of the National Legal Foundation, argues against the Supreme Court's ruling in Santa Fe Independent School District v. Doe, and calls for a new strategy in litigating similar cases. Fitschen proposes a "thirty-year plan" because he believes that the current Court composition, which he sees as driven by personal predilections rather than by precedent, was partly responsible for the outcome of Santa Fe. Fitschen argues that the current Court has largely ignored Establishment Clause precedent, and that any new, effective strategy will be slowly implemented The thirty-year plan calls for less perfunctory reliance on …
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
Faculty Publications
No abstract provided.
Public Education And The Public Good, Robert S. Alley
Public Education And The Public Good, Robert S. Alley
William & Mary Bill of Rights Journal
No abstract provided.
Squeezing Religion Out Of The Public Square- The Supreme Court, Lemon, And The Myth Of The Secular Society, M. G. "Pat" Robertson
Squeezing Religion Out Of The Public Square- The Supreme Court, Lemon, And The Myth Of The Secular Society, M. G. "Pat" Robertson
William & Mary Bill of Rights Journal
No abstract provided.
Religious Freedom And The First Self-Evident Truth: Equality As A Guiding Principle In Interpreting The Religion Clauses, Jay Alan Sekulow, James Matthew Henderson, Kevin E. Broyles
Religious Freedom And The First Self-Evident Truth: Equality As A Guiding Principle In Interpreting The Religion Clauses, Jay Alan Sekulow, James Matthew Henderson, Kevin E. Broyles
William & Mary Bill of Rights Journal
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.
What Is “An Establishment Of Religion?", William W. Van Alstyne
What Is “An Establishment Of Religion?", William W. Van Alstyne
Faculty Publications
No abstract provided.
Religious Symbols And The Establishment Clause, Neal Devins
Religious Symbols And The Establishment Clause, Neal Devins
Faculty Publications
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.
Fundamentalist Schools And The Law, Neal Devins