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Full-Text Articles in Religion Law
Reenchanting The Law: The Religious Dimension Of Judicial Decision Making, Mark C. Modak-Truran
Reenchanting The Law: The Religious Dimension Of Judicial Decision Making, Mark C. Modak-Truran
Journal Articles
Without a religious justification in the law, judges cannot fully justify their decisions in hard cases from within the law. The law must be indeterminate because the Establishment Clause proscribes this full justification. This does not mean that the Establishment Clause prohibits judges from fully justifying their decisions during their deliberations about hard cases. It only prohibits judges from including that full justification in their written opinions. Deliberation and explanation are separate stages of judicial decision making that should be kept distinct. Given this distinction, my thesis is that judges should fully justify their decisions in hard cases by relying …
Davey And The Limits Of Equality, Laura S. Underkuffler
Davey And The Limits Of Equality, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Religion And The Rehnquist Court, Kent Greenawalt
Religion And The Rehnquist Court, Kent Greenawalt
Faculty Scholarship
This summary Article pays predominant attention to what the Rehnquist Court has altered. It slights a significant range of continuity. That includes the Court's strong rejection of laws that discriminate among religions or that target religious practices and the Court's inhospitable response to religious exercises that are sponsored by public schools. Although "continuity" may be a misleading term for subjects a court has not addressed, the Supreme Court has not touched the law regarding judicial involvement in church property disputes since Rehnquist became Chief Justice, and nothing it has decided presages an obvious shift in that jurisprudence.