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Full-Text Articles in Law

The First Americans And The "Free" Exercise Of Religion, Martin C. Loesch Jan 1993

The First Americans And The "Free" Exercise Of Religion, Martin C. Loesch

American Indian Law Review

No abstract provided.


Retracing First Amendment Jurisprudence Under The Free Exercise Clause: Culmination In Church Of The Lukumi Babalu Aye, Inc. V. City Of Hialeah And Resolution In The Religious Freedom Restoration Act, Laura A. Colombell Jan 1993

Retracing First Amendment Jurisprudence Under The Free Exercise Clause: Culmination In Church Of The Lukumi Babalu Aye, Inc. V. City Of Hialeah And Resolution In The Religious Freedom Restoration Act, Laura A. Colombell

University of Richmond Law Review

The above comments of Justice Stewart recognize the myriad of religious beliefs and practices which exist in our nation of diverse people. Protecting them all from government infringement has become an increasingly lofty aim as the number and nature of religions in the United States continue to grow.


Lemon Lives, Daniel O. Conkle Jan 1993

Lemon Lives, Daniel O. Conkle

Articles by Maurer Faculty

This article responds to an article by Professor Michael Stokes Paulsen, entitled "Lemon Is Dead," in which Paulsen interprets the Supreme Court's decision in Lee v. Weisman to repudiate the Establishment Clause test of Lemon v. Kurtzman and to replace it with a test that limits the Clause to cases involving direct or indirect coercion. The article disputes Paulsen's interpretation of Weisman, and it also disputes his normative argument in support of the coercion approach. It contends that Lemon survives Weisman, and that Lemon's multi-faceted and context-specific approach, however vague, is preferable to a test that focuses exclusively on the …