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- Branti test (1)
- Branti v. Finkel (1)
- Church-state issues (1)
- Church-state relations (1)
- Elrod test (1)
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- Elrod v. Burns (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Funding non-secular schools (1)
- Justifications for political patronage (1)
- Organized prayer (1)
- Policymaker (1)
- Political patronage (1)
- Political patronage dismissals (1)
- Religious convictions (1)
- Religious convictions in lawmaking (1)
- Religious notions of wrong (1)
- Secular schools (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Church-State Relations And Religious Convictions, R. Kent Greenawalt
Church-State Relations And Religious Convictions, R. Kent Greenawalt
Cleveland State Law Review
My overall concern is with the proper place of religious convictions in lawmaking in our society. My special focus is on the place of religious convictions in the political resolution of church-state issues. Though I shall comment in passing on various constitutional issues, the main thrust of my comments also lies within the domain of political philosophy. I agree that the promotion of religious views and practices is not the business of the state in our society. Nevertheless, I strongly resist the idea that either this premise or any other premise underlying our liberal democracy requires good liberal citizens to …
An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan
An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan
Cleveland State Law Review
Political patronage dismissal is not a new phenomenon, but judicial recognition of claims specifically alleging improper dismissal based on political affiliation has occurred only within the last twenty years. While the federal circuit courts have struggled to establish a standard by which to adjudicate patronage dismissal cases, their struggles have resulted in a plethora of inconsistent conclusions. Neither has the Supreme Court constructed a sufficiently concrete test to determine when an employee is exempt from patronage dismissal. The Elrod test is flawed in not limiting dismissals to political policymakers, and the Branti test is inadequate as it delegates the selection …