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Constitutional Law

William & Mary Law School

Journal

2001

Church and State

Articles 1 - 7 of 7

Full-Text Articles in Law

Moving The Baseline: The Contradiction At The Core Of Constitutional Discourse Over State Aid To Parochial Schools, Andrew Stark Apr 2001

Moving The Baseline: The Contradiction At The Core Of Constitutional Discourse Over State Aid To Parochial Schools, Andrew Stark

William & Mary Law Review

No abstract provided.


Accommodation And Equal Liberty, Lisa Schultz Bressman Mar 2001

Accommodation And Equal Liberty, Lisa Schultz Bressman

William & Mary Law Review

No abstract provided.


Social Meaning And School Vouchers, Neal Devins Mar 2001

Social Meaning And School Vouchers, Neal Devins

William & Mary Law Review

No abstract provided.


Government Messages And Government Money: Santa Fe, Mitchell V. Helms, And The Arc Of The Establishment Clause, Ira C. Lupu Mar 2001

Government Messages And Government Money: Santa Fe, Mitchell V. Helms, And The Arc Of The Establishment Clause, Ira C. Lupu

William & Mary Law Review

No abstract provided.


Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck Mar 2001

Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck

William & Mary Law Review

No abstract provided.


Free? Exercise, Marci A. Hamilton Mar 2001

Free? Exercise, Marci A. Hamilton

William & Mary Law Review

No abstract provided.


Religion, Rationality, And Special Treatment, Jane Rutherford Feb 2001

Religion, Rationality, And Special Treatment, Jane Rutherford

William & Mary Bill of Rights Journal

Religion has always played a major role in American society, both politically and socially. Its influence on the Constitution is expressed in the Establishment and Free Exercise Clauses. Why is religion given special treatment by the Constitution? In this Article, Professor Jane Rutherford makes a structural argument for religious liberty. Rutherford posits that religion is treated differently not because of the content of its views, but because of the various other functions it serves, such as providing voices for outsiders and advancing non-market values. Rutherford concludes that we should return to more serious enforcement of the Establishment and Free Exercise …