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Full-Text Articles in Law
When Religion And Law Conflict, Alan Garfield
Beyond Interpretation: The "Cultural Approach" To Understanding Extra-Formal Change In Religious And Constitutional Law (Invited Symposium Contribution), Mark Rosen
Mark D. Rosen
No abstract provided.
Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry
Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry
Patrick M. Garry
The relationship between church and state is both controversial and unsettled. For decades, the courts have vacillated dramatically in their rulings on when a particular governmental accommodation rises to the level of an impermissible state establishment of religion. Without a comprehensive theory of the First Amendment establishment clause, religion cases have devolved into a jurisprudence of minutiae. Seemingly insignificant occurrences, such as a student reading a religious story or a teacher wearing a cross on a necklace, have led to years of litigation. And because of the constant threat of judicial intrusion, a pervasive social anxiety exists about the presence …