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Full-Text Articles in Religion Law
Eclecticism, Nelson Tebbe
Eclecticism, Nelson Tebbe
Cornell Law Faculty Publications
This short piece comments on Kent Greenawalt's new book, Religion and the Constitution: Establishment and Fairness. It argues that although Greenawalt's eclectic approach carries certain obvious costs, his theory cannot be evaluated without comparing its advantages and disadvantages to those of its competitors. It concludes by giving some sense of what that comparative calculus might look like.
Excluding Religion, Nelson Tebbe
Excluding Religion, Nelson Tebbe
Cornell Law Faculty Publications
This Article considers whether government may single out religious actors and entities for exclusion from its support programs. The problem of selective exclusion has recently sparked interest in lower courts and in informal discussions among scholars, but the literature has not kept pace. Excluding Religion argues that government generally ought to be able to select religious actors and entities for omission from support without offending the Constitution. At the same time, the Article carefully circumscribes that power by delineating several limits. It concludes by drawing out some implications for the question of whether and how a constitutional democracy ought to …
Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry
Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry
Faculty Scholarship
No abstract provided.
Do Churches Matter? Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett
Do Churches Matter? Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett
Journal Articles
In recent years, several prominent scholars have called attention to the importance and role of First Amendment institutions and there is a growing body of work informed by an appreciation for what Professor Balkin calls the infrastructure of free expression. The freedom of expression, he suggests, requires more than mere absence of government censorship or prohibition to thrive; [it] also require[s] institutions, practices and technological structures that foster and promote [it]. The intuition animating this scholarship, then, is that the freedom of expression is not only enjoyed by and through, but also depends on the existence and flourishing of, certain …