Law Commons^™

December 11, 2010: Hallowed Secularism And The Tea Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hallowed Secularism and the Tea Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 7, 2010: How To Fix The Establishment Clause, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Fix the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Barker Brandt

Golden Gate University Law Review

In this article, I will first review the Court's Establishment Clause jurisprudence to date, with special attention to the issue of school prayer. Second, I will synthesize the major historical arguments driving the Court's analysis in this area. Third, I will summarize and analyze the opinions in Lee, their impact on existing jurisprudence and their importance for future cases in this area.

Salazar V. Buono: Sacred Symbolism And The Secular State, Ian C. Bartrum

Ian C Bartrum

This short piece discusses some doctrinal and theoretical implications of the Court's recent decision.

Foreword: Our Paradoxical Religion Clauses, Mark A. Graber

Mark Graber

No abstract provided.

July 4, 2010: Happy Fourth Of July, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Fourth of July“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 10, 2010: Whose Fault Is The Florida “Right To Witness” Law?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Whose Fault is the Florida “Right to Witness” Law?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 6, 2010: Former Justice David Souter’S Harvard Commencement Speech, Bruce Ledewitz

Hallowed Secularism

Blog post, “Former Justice David Souter’s Harvard Commencement Speech“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 4, 2010: A Cross Is More Than A Cross, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Cross is More than a Cross“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 25, 2010: National Day Of Prayer Constitutional, Bruce Ledewitz

Hallowed Secularism

Blog post, “National Day of Prayer Constitutional“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 17, 2010: So It’S A Christian Country…, Bruce Ledewitz

Hallowed Secularism

Blog post, “So It’s a Christian Country...“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Jaunary 21, 2010: What’S Religion Got To Do With It?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What’s religion got to do with it?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

No Bueno, Buono: An Essay On Salazar V. Buono And Establishment Clause Remedies, David B. Owens

David B. Owens

Atop Sunrise Rock in the Mojave Desert sat a Latin Cross. The only problem, for some, was that this land happened to be owned by the federal government. After contentious litigation, the cross was deemed a violation of the Establishment Clause, and the district court issued an injunction forbidding the cross to remain. That judgment became final and unreviewable, but the district court’s subsequent remedial action—declaring invalid Congress’ attempt to sell only a small “donut” of land around the cross—was not. Congress’ interesting end-around spawned further litigation and an order by the district court modifying the injunction despite the fact …

Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve

Articles by Maurer Faculty

This Article examines the current debate whether creationism may be taught in American schools given the constraints of the Establishment Clause of the First Amendment of the U.S. Constitution. The author considers some of the social and political consequences of the U.S. Supreme Court's leading cases. The article concludes by questioning whether the Supreme Court has succeeded in justifying its restrictive decisions in this controversial area.

Taxpayer Standing From Flast To Hein, Carl H. Esbeck

Faculty Publications

This essay plays off a critique by Professor Maya Manian of an article where I discussed the decision in Hein v. Freedom From Religion Foundation, Inc., 551 U.S. 587 (2007) (plurality opinion). While Professor Manian was concerned about how the result in Hein would lead to under enforcement of church-state separation, my article had utilized Hein, and more generally the law of taxpayer standing beginning with Flast v. Cohen (1968), to look beyond the question of aid to religion. Rather, I began by showing that the only cases in which the Court had announced a “generalized grievance” and thereby denied …

And The Ban Plays On…For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Of Christmas Trees And Corpus Christi: Ceremonial Deism And Change In Meaning Over Time, B. Jessie Hill

Faculty Publications

Although the Supreme Court turned away an Establishment Clause challenge to the words “under God” in the Pledge of Allegiance in Elk Grove Unified School District v. Newdow, the issues raised by that case are not going away anytime soon. Legal controversies over facially religious government speech have become one of the most regular and prominent features of Establishment Clause jurisprudence – and indeed, a second-round challenge to the Pledge of Allegiance is currently percolating, which is likely to result in resolution by the Supreme Court.

That resolution will depend on an understanding of the social meaning of the practice …

Essay: Religious Displays And The Voluntary Approach To Church And State, Thomas Berg

Oklahoma Law Review

No abstract provided.