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Full-Text Articles in Law

A Coherent Methodology For First Amendment Speech And Religion Clause Cases, Thomas R. Mccoy Oct 1995

A Coherent Methodology For First Amendment Speech And Religion Clause Cases, Thomas R. Mccoy

Vanderbilt Law Review

It seems clear that any deliberate effort by government to impose religious orthodoxy will be held unconstitutional per se. A religiously motivated restriction on disfavored religious practices will be held to violate the Free Exercise Clause. Similarly, a religiously motivated attempt to promote or subsidize favored religious practices will be held to violate the Establishment Clause. These complimentary restrictions are now so ingrained in our political culture that the legislatures rarely transgress them.

The problem that has bedeviled the Supreme Court for many years is that government regulatory schemes and benefit programs designed to serve purely nonreligious objectives inevitably impact …


Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs Jan 1995

Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.


Free Speech: The Status Of The First Amendment, Martin B. Margulies Jan 1995

Free Speech: The Status Of The First Amendment, Martin B. Margulies

Touro Law Review

No abstract provided.


Frreedom Of Religion Jan 1995

Frreedom Of Religion

Touro Law Review

No abstract provided.