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Articles 31 - 42 of 42
Full-Text Articles in Religion Law
The "Blaine" Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
The "Blaine" Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
Cornell Law Faculty Publications
In Zelman v. Simmons-Harris, the United States Supreme Court held-by a vote of 5 to 4-that the funding of religious schools with taxpayer money through voucher programs does not violate the Establishment Clause of the United States Constitution. Emboldened by this success, voucher proponents now attack state constitutional provisions (often called "Blaine Amendments") that prohibit taxpayer funding of religious schools. These state provisions, which may stand in the way of religious-school voucher programs, are attacked as violative of the federal Constitution, rooted in anti-religious bias, or otherwise illegal or unwise.
It is my view that efforts to force states …
Liberalism And The Establishment Clause, Steven H. Shiffrin
Liberalism And The Establishment Clause, Steven H. Shiffrin
Cornell Law Faculty Publications
Every political theory tolerates some things and not others. Every political theory promotes a particular kind of person even if it denies it is doing so. But the best liberalism does not confine itself to promoting a Rawlsian-tolerant citizen. Liberalism, like conservatism, has greater ambitions in the socialization of the young. The best liberalism, a neo-Millian liberalism, promotes a creative, independent, autonomous, engaged citizen and human being who works with others to make for a better society and speaks out against unjust customs, habits, institutions, traditions, hierarchies, and authorities.
Although government may promote a particular conception of the good life, …
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.
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.
Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman
Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman
Cornell Law Faculty Publications
No abstract provided.
Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler
Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Religion And Democracy, Steven H. Shiffrin
Religion And Democracy, Steven H. Shiffrin
Cornell Law Faculty Publications
Should citizens armed with religious reasons for public policy outcomes present those reasons in the public forum or otherwise rely on them in making decisions? Those questions have produced a flurry of scholarship, both within and outside of the law. Moreover, as Kent Greenawalt's work richly demonstrates, these related questions raise many more questions still. Do the answers to those questions differ, for example, if the citizen is a judge, a legislator, a columnist, a religious leader, or a "mere" voter? Are some religious reasons acceptable for presentation in a public forum, but not others?
If one holds a constricted …
Yoder And The Question Of Equality, Laura S. Underkuffler
Yoder And The Question Of Equality, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson
Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.