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Full-Text Articles in Law
Government Speech Doctrine—Legislator-Led Prayer's Saving Grace, Daniel M. Vitagliano
Government Speech Doctrine—Legislator-Led Prayer's Saving Grace, Daniel M. Vitagliano
St. John's Law Review
(Excerpt)
This Note argues that Lund was decided incorrectly in part because the Fourth Circuit failed to analyze the type of speech at issue before assessing the constitutionality of the prayer practice. This Note is composed of four parts. Part I surveys the Supreme Court’s legislative prayer jurisprudence—Marsh and Town of Greece. Part II outlines Lund and Bormuth, and the Fourth and Sixth Circuits’ dissimilar applications of the Supreme Court’s precedent. Part III argues that courts must first classify legislative prayers as either government or private speech before assessing whether a prayer practice violates the Establishment Clause. It further argues …
Free Exercise Standing: Extra-Centrality As Injury In Fact, Brendan T. Beery
Free Exercise Standing: Extra-Centrality As Injury In Fact, Brendan T. Beery
St. John's Law Review
(Excerpt)
Part I of this Article surveys standing doctrine generally and tackles the problem of psychic insult—what might fairly, in some cases, be characterized as hurt feelings—as an injury. Part II addresses the special problems of finding concrete and palpable injuries in religion cases, noting that it is more difficult to identify such injuries in Establishment Clause cases than in free exercise cases. When free exercise is viewed as dynamic and kinetic, free exercise injuries are discernible and concrete: they occur when a person is forced to participate in religious undertakings or express beliefs against his or her will, or …