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Articles 1 - 4 of 4

Full-Text Articles in Law

The Only Thing We Have To Fear Is Fear Itself: Islamophobia And The Recently Proposed Unconstitutional And Unnecessary Anti-Religion Laws, Lee Tankle Nov 2012

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 Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A., Ioanna Tourkochoriti Mar 2012

The Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A., Ioanna Tourkochoriti

William & Mary Bill of Rights Journal

Six years after prohibiting the wearing of headscarves by students in public schools, the French state passed a law prohibiting the wearing of burkas in public places. Compared to France, in the United States there is more tolerance for wearing signs of religious affiliation. The difference in legal responses can be understood in reference to a different background understanding of the fundamental presuppositions of republicanism in the two legal and political orders, which also define their conception of secularism. The law enacted in France can be understood in a general frame of a paternalistic state, which is seen as permitted …


Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen Mar 2012

Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen

William & Mary Bill of Rights Journal

No abstract provided.


Constitutional Divide: The Transformative Significance Of The School Prayer Decisions, Steven D. Smith Jan 2012

Constitutional Divide: The Transformative Significance Of The School Prayer Decisions, Steven D. Smith

Pepperdine Law Review

This article challenges the standard view in which Everson v. Board of Education was the foundational and most important establishment clause decision and the school prayer decisions of the early 1960s (Engel v. Vitale and Abington School District v. Schempp) were virtually automatic corollaries. In fact, the article argues, it was the school prayer decisions that were foundational, subverting Everson’s “no aid separationism,” and animating not only later establishment clause jurisprudence but much else in constitutional and public discourse besides. Indeed, it is plausible to see the influence of the school prayer decisions and their articulation of secular neutrality as …