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Jurisprudence

Selected Works

2011

Samuel J. Levine

Articles 1 - 3 of 3

Full-Text Articles in Law

Review Essay: The Challenges Of Religous Neutrality, Samuel J. Levine May 2011

Review Essay: The Challenges Of Religous Neutrality, Samuel J. Levine

Samuel J. Levine

Levine begins this review essay by noting that at the outset of his discussion, Gedicks notes the difficulty one faces in critically engaging Supreme Court decisions in the area of church and state law. Gedicks goes on to premise his analysis on the identification of “competing rhetorical discourses of church-state relations,” through which he attempts to “organize virtually all of religion clause doctrine.” Gedicks applies this phenomenon, which he terms “discourse,” to church and state law. Thus, in The Rhetoric of Church and State: A Critical Analysis of Religion Clause Jurisprudence, Professor Gedicks succeeds in his goal of providing a …


Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine May 2011

Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine

Samuel J. Levine

In recent years, scholars have begun to recognize and discuss the profound questions that arise in attempting to determine the place of religion in the law and the legal profession. This discussion has emerged on at least two separate yet related levels. On one level, scholars have debated the place of religion in various segments of the public sphere, including law and politics. On a second level, lawyers have expressed the aim to place their professional values and obligations in the context of their overriding religious obligations. This article explores, from both an ethical and jurisprudential perspective, the question of …


Review Essay: The Challenges Of Religous Neutrality, Samuel J. Levine Feb 2011

Review Essay: The Challenges Of Religous Neutrality, Samuel J. Levine

Samuel J. Levine

Levine begins this review essay by noting that at the outset of his discussion, Gedicks notes the difficulty one faces in critically engaging Supreme Court decisions in the area of church and state law. Gedicks goes on to premise his analysis on the identification of “competing rhetorical discourses of church-state relations,” through which he attempts to “organize virtually all of religion clause doctrine.” Gedicks applies this phenomenon, which he terms “discourse,” to church and state law. Thus, in The Rhetoric of Church and State: A Critical Analysis of Religion Clause Jurisprudence, Professor Gedicks succeeds in his goal of providing a …