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Full-Text Articles in Law

No Aid, No Agency, Steven K. Green Jul 2021

No Aid, No Agency, Steven K. Green

William & Mary Bill of Rights Journal

Over the past three decades, members of the Supreme Court have demonstrated increasing hostility to the Establishment Clause’s rule against funding religion, first enunciated in 1947. Over the years, the Court has not only narrowed the rule to allow for government aid to flow to religious schools and faith-based charities, it has more recently declared that to enforce that rule may amount to discrimination against religion. This Article argues that a key reason for the decline in the no-aid principle rests on the weakness of the rationale underlying that rule: that funding of religion coerces the conscience of taxpayers. The …


The Supreme Court And Private Schools: An Update, Neal Devins Sep 2019

The Supreme Court And Private Schools: An Update, Neal Devins

Neal E. Devins

No abstract provided.


Social Meaning And School Vouchers, Neal Devins Sep 2019

Social Meaning And School Vouchers, Neal Devins

Neal E. Devins

No abstract provided.


Coercion And Choice Under The Establishment Clause, Cynthia V. Ward Sep 2019

Coercion And Choice Under The Establishment Clause, Cynthia V. Ward

Cynthia V. Ward

In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the test. …


The Story Of A Forgotten Battle, Nathan B. Oman Sep 2019

The Story Of A Forgotten Battle, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese Sep 2019

Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese

Alan J. Meese

No abstract provided.


Inconsistent Standards Of Review In Last Term's Establishment Clause Cases, Neal Devins Sep 2019

Inconsistent Standards Of Review In Last Term's Establishment Clause Cases, Neal Devins

Neal E. Devins

No abstract provided.


Fundamentalist Christian Educators V. State: An Inevitable Compromise, Neal Devins Sep 2019

Fundamentalist Christian Educators V. State: An Inevitable Compromise, Neal Devins

Neal E. Devins

No abstract provided.


Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor Sep 2019

Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor

Vivian E. Hamilton

No abstract provided.


Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton Sep 2019

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton Sep 2019

Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


An Illiberal Union, Sonu Bedi May 2018

An Illiberal Union, Sonu Bedi

William & Mary Bill of Rights Journal

This Article breaks new ground by applying the philosophical framework of liberal neutrality (most famously articulated by John Rawls) to the United States Supreme Court’s jurisprudence on marriage. At first blush, the Court’s decision in Obergefell v. Hodges—the culmination of marriage rights—seems to affirm a central principle of liberalism, namely equal access to marriage regardless of sexual orientation. Gays and lesbians can finally take part in an institution that celebrates the union of two committed individuals. But perversely, in its attempt to expand access to marriage, the Court has simultaneously entrenched values that are antithetical to the basic tenants …


Not Today, Satan: Re-Examining Viewpoint Discrimination In The Limited Public Forum, Daniel Cutler May 2018

Not Today, Satan: Re-Examining Viewpoint Discrimination In The Limited Public Forum, Daniel Cutler

William & Mary Bill of Rights Journal

No abstract provided.


Why Church And State Should Be Separate, Erwin Chemerinsky Jun 2017

Why Church And State Should Be Separate, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler Feb 2015

The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler

Laura S. Underkuffler

No abstract provided.


Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz Dec 2014

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

Josh Chafetz

No abstract provided.


Eating Hot Peppers To Avoid Hiv/Aids: New Challenges To Failing Abstinence-Only Programs, Erica Woebse May 2014

Eating Hot Peppers To Avoid Hiv/Aids: New Challenges To Failing Abstinence-Only Programs, Erica Woebse

William & Mary Journal of Race, Gender, and Social Justice

This Note examines abstinence-only education curricula, including its history, criticisms against it, and the failure of judicial challenges to end its promotion and federal funding. It addresses how abstinence-only education has managed to remain a central means of teaching sexual education, despite its ineffective and controversial nature. Finally, this Note will discuss how abstinence-only education curricula may fall out of favor or be modified with new state and federal requirements that sexual educational curricula be medically accurate. This is demonstrated by the American Academy of Pediatrics v. Clovis Unified School District case in California.


The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper Aug 2013

The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper

Jesse H Choper

No abstract provided.


Should Public Buildings Be Used For Worship, Stephen Wermiel Jan 2013

Should Public Buildings Be Used For Worship, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Lee V. Weisman: Unanswered Prayers, Marilyn Perrin Nov 2012

Lee V. Weisman: Unanswered Prayers, Marilyn Perrin

Pepperdine Law Review

No abstract provided.


Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen Mar 2012

Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen

William & Mary Bill of Rights Journal

No abstract provided.


Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen Jan 2012

Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen

Faculty Scholarship

No abstract provided.


Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur Dec 2011

Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur

Gregory A. Kalscheur, S.J.

What sort of defense is provided by the ministerial exception to employment discrimination claims? The ministerial exception bars civil courts from reviewing the decisions of religious organizations regarding the employment of their ministerial employees. While the exception itself is widely recognized by courts, there is confusion with respect to the proper characterization of the defense provided by the exception: should it be seen as a subject matter jurisdiction defense, or as a challenge to the legal sufficiency of the plaintiff's claim? This Article argues that articulating the right answer to this question of civil procedure is crucial to a proper …


The Fading Free Exercise Clause, Rene Reyes Mar 2011

The Fading Free Exercise Clause, Rene Reyes

William & Mary Bill of Rights Journal

This Article uses the Supreme Court’s recent opinion in Christian Legal Society
v. Martinez as a point of departure for analyzing the current state of free exercise doctrine. I argue that one of the most notable features of the Christian Legal Society (CLS) case is its almost total lack of engagement with the Free Exercise Clause. For the core of CLS’s complaint was unambiguously about the declaration and exercise of religious beliefs: the group claimed that it was being excluded from campus life because it required its members to live according to shared religious principles and to subscribe to a …


Constantly Approximating Popular Sovereignty: Seven Fundamental Principles Of Constitutional Law, Wilson R. Huhn Dec 2010

Constantly Approximating Popular Sovereignty: Seven Fundamental Principles Of Constitutional Law, Wilson R. Huhn

William & Mary Bill of Rights Journal

No abstract provided.


Government Identity Speech And Religion: Establishment Clause Limits After Summum, Mary Jean Dolan Oct 2010

Government Identity Speech And Religion: Establishment Clause Limits After Summum, Mary Jean Dolan

William & Mary Bill of Rights Journal

This Article offers in-depth analysis of the opinions in Pleasant Grove v. Summum. Summum is a significant case because it expands “government speech” to cover broad, thematic government identity messages in the form of donated monuments, including the much-litigated Fraternal Order of Eagles-donated Ten Commandments. The Article explores the fine distinctions between the new “government speech doctrine”— a defense in Free Speech Clause cases that allows government to express its own viewpoint and to reject alternative views—and “government speech” analyzed under the Establishment Clause, which prohibits government from expressing a viewpoint on religion, and from favoring some religions over others. …


The Nonproblem Of Fundamentalism, Andrew Koppelman May 2010

The Nonproblem Of Fundamentalism, Andrew Koppelman

William & Mary Bill of Rights Journal

No abstract provided.


Fundamentalist Challenges To Core Democratic Values: Exit And Homeschooling, Catherine J. Ross May 2010

Fundamentalist Challenges To Core Democratic Values: Exit And Homeschooling, Catherine J. Ross

William & Mary Bill of Rights Journal

No abstract provided.


Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton May 2010

Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton

William & Mary Bill of Rights Journal

No abstract provided.


God Of Our Fathers, Gods For Ourselves: Fundamentalism And Postmodern Belief, Frederick Mark Gedicks May 2010

God Of Our Fathers, Gods For Ourselves: Fundamentalism And Postmodern Belief, Frederick Mark Gedicks

William & Mary Bill of Rights Journal

No abstract provided.