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Articles 1 - 4 of 4
Full-Text Articles in Law
Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman
Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman
Doug Rendleman
No abstract provided.
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
Samuel J. Levine
This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …
"Pride Ignorance And Knavery": James Madison's Formative Experiences With Religious Establishments, Andy G. Olree
"Pride Ignorance And Knavery": James Madison's Formative Experiences With Religious Establishments, Andy G. Olree
Andy G Olree
Judicial interpretations of the First Amendment’s religion clauses have purported to rely heavily on the history of the American Founding era. Today, it seems no Founder carries more weight in religion clause opinions than James Madison, a seminal figure the Supreme Court has repeatedly credited as “the leading architect of the religion clauses of the First Amendment”—most recently in January 2012, as it relied heavily on Madison’s views in deciding the Hosanna-Tabor case. But courts citing Madison have tended to focus on the short period beginning with his “Memorial and Remonstrance” in 1785 and ending with the ratification of the …
Freedom From Religion, Avihay Dorfman
Freedom From Religion, Avihay Dorfman
Avihay Dorfman
My argument develops two main claims. Negatively, I repudiate the core of the case against the redundancy of a principle of freedom from religion. The centerpiece of my argument at this stage is that the two prevailing theories of freedom from religion fail to take seriously the political circumstances - viz., democratic politics - under which claims for freedom from religion arise. Affirmatively, I develop an account of freedom from religion by elaborating the democratic conception of such freedom. On the proposed account, freedom from religion secures political freedom from infringements that are distinctively associated with religion. The point of …