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Full-Text Articles in Law
May 5, 2014: A Brain Dead Decision, Bruce Ledewitz
May 5, 2014: A Brain Dead Decision, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Brain Dead Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Silence Is Golden: Moments Of Silence, Legislative Prayers, And The Establishment Clause, Eric Segall
Silence Is Golden: Moments Of Silence, Legislative Prayers, And The Establishment Clause, Eric Segall
NULR Online
No abstract provided.
Seeking Guidance? New Legal Challenges To 'Legislative Prayer', Marc O. Degirolami
Seeking Guidance? New Legal Challenges To 'Legislative Prayer', Marc O. Degirolami
Faculty Publications
(Excerpt)
It has long been the tradition of American citizens to pray for divine blessing and guidance in their civic business. This tradition, which predates the founding of the American Republic, finds expression at all levels of government, federal, state, and local. It was embraced by the First Continental Congress, the same Congress that both employed a paid chaplain and later drafted the First Amendment to the U.S. Constitution; it was maintained during the passage of the Fourteenth Amendment; and it persists in various guises to this day.
The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian Bartrum
The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian Bartrum
NULR Online
No abstract provided.
"So Help Me?": Religious Expression And Artifacts In The Oath Of Office And The Courtroom Oath, Frederick B. Jonassen
"So Help Me?": Religious Expression And Artifacts In The Oath Of Office And The Courtroom Oath, Frederick B. Jonassen
Faculty Scholarship
No abstract provided.
Government Endorsement: A Reply To Nelson Tebbe's Government Nonendorsement, Abner S. Greene
Government Endorsement: A Reply To Nelson Tebbe's Government Nonendorsement, Abner S. Greene
Faculty Scholarship
In this response to Nelson Tebbe’s Government Nonendorsement, Abner Greene continues to develop his “thick perfectionist” view of government speech, arguing that the state may use its speech powers to advance various views of the good, from left, center,
Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino
Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino
Faculty Scholarship
In the United States and Europe the constitutionality of government displays of confessional symbols depends on whether the symbols also have nonconfessional secular meaning (in the U.S.) or whether the confessional meaning is at least absent (in Europe). Yet both the United States Supreme Court (USSCt) and the European Court of Human Rights (ECtHR) lack a workable approach to determining whether secular meaning is present or confessional meaning absent.
The problem is that the government can nearly always articulate a possible secular meaning for the confessional symbols that it uses, or argue that the confessional meaning is passive and ineffective. …
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Journal Articles
This short essay engages the argument that it would violate the First Amendment’s Establishment Clause to exempt an ordinary, nonreligious, profit-seeking business – such as Hobby Lobby – from the Affordable Care Act’s contraceptive-coverage rules. In response to this argument, it is emphasized that the First Amendment not only permits but invites generous, religion-specific accommodations and exemptions and that the Court’s Smith decision does not teach otherwise. In addition, this essay proposes that laws and policies that promote and protect religious freedom should be seen as having a “secular purpose” and that because religious freedom, like clean air, is an …