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Articles 1 - 11 of 11
Full-Text Articles in Law
Should The Government Be Allowed To Engage In Racial, Sexual, Or Other Acts Of Discrimination?, Walter E. Block, Roy Whitehead
Should The Government Be Allowed To Engage In Racial, Sexual, Or Other Acts Of Discrimination?, Walter E. Block, Roy Whitehead
Northern Illinois University Law Review
Arkansas law provides scholarship funds to students who meet specified academic criteria. This article examines the constitutional implications of making direct monetary payments to non-secular schools. It analyzes this practice in light of the Establishment Clause, and claims disparate impact discrimination under current administration of the scholarship program. The merits of a private cause of action under §1983 are addressed. The article concludes with the Libertarian perspective of the issues raised.
God, Man, And Law: Of Rights And Responsibilities, E. Thomas Ryder
God, Man, And Law: Of Rights And Responsibilities, E. Thomas Ryder
Northern Illinois University Law Review
This comment examines the evolving construction, modifications and improvements made to the "wall of separation between church and state." Initially, the comment presents an analysis of the unifying religious themes of individual responsibilities, which underlie our rights, as a reason why religion is important, even in schools. The author then reviews the historical origins and early development of the Establishment and Free Exercise Clauses, and examines modem Establishment Clause jurisprudence. The comment then examines the Cleveland, Ohio elementary school voucher program, applying current Establishment Clause jurisprudence. The conclusion then recommends embracing anew the dynamic role of religion in United States …
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
Michigan Law Review
Learned commentators have called the Religious Freedom Restoration Act of 1993 ("RFRA" or "the Act") "perhaps the most unconstitutional statute in the history of the nation" and "the most egregious violation of the separation of powers doctrine in American constitutional history." In the 1997 case of City of Boerne v. Flores, the Supreme Court struck down the Act in its applications to state and local governments, declaring that "RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Act's applications to federal law, however, survived Boerne, which means that plaintiffs with religious freedom claims against …
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Adler V. Duval County School Board: An Opportunity For Establishing Establishment Clause Limits On Student-Elected, Student-Led Prayer In Public Schools, Christopher J. Tracy
Adler V. Duval County School Board: An Opportunity For Establishing Establishment Clause Limits On Student-Elected, Student-Led Prayer In Public Schools, Christopher J. Tracy
Saint Louis University Public Law Review
No abstract provided.
In The Wake Of Lee V. Weisman: The Future Of School Graduation Prayer Is Uncertain At Best, Stephen Durden
In The Wake Of Lee V. Weisman: The Future Of School Graduation Prayer Is Uncertain At Best, Stephen Durden
Stephen Durden
No abstract provided.
With God All Things Are Possible, Including Finding Ohio's State Motto Constitutional Under The Establishment Clause Of The First Amendment, Christopher Pierre
With God All Things Are Possible, Including Finding Ohio's State Motto Constitutional Under The Establishment Clause Of The First Amendment, Christopher Pierre
Cleveland State Law Review
The current battle over Ohio's state motto, "With God All Things Are Possible," has brought the debate over the meaning and application of the Establishment Clause to the Sixth Circuit and sparked deep feelings on both sides of the issue. Establishment Clause of the First Amendment. This brief survey will reveal the continuing disagreements over the interpretation and application of the Establishment Clause while showing that history supports generalized references to God by the federal and state government. Part III will introduce the background and procedural history of the current case American Civil Liberties Union of Ohio v. Capitol Square …
Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler
Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin
Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin
Scholarly Works
No abstract provided.
Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman
Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman
St. Mary's Law Journal
This Essay addresses judicial interpretation and application of the religious protections of students in public schools. Part II addresses the evolution of the law governing prayer in public schools, including the creation of judicial tests utilized in determining whether a school district has impeded the rights of students in the area of religion. Part III examines the application of these tests to various activities, including a discussion of the disparity in judicial interpretation with respect to the permissibility of prayer at public school functions. This Essay concludes with a discussion analyzing the effect of the recent United States Supreme Court …
The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah R. Farringer
The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah R. Farringer
Law Faculty Scholarship
If America wants to stay at the forefront of scientific study and remain competitive with other nations, its students must be taught scientific principles that are generally applied in the global scientific community. Thus, the implications involved in the latest battles over God and science extend beyond whether to teach controversial subjects, and could have a significant effect on the future of American schools. These problems warrant the development of a new test, or new legal analysis, that will enable the Court to deal with this latest chapter in the heated evolution and creationism debate. This Note examines the evidentiary …