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Cross Purposes: Remedying The Endorsement Of Symbolic Religious Speech, Jordan C. Budd
Cross Purposes: Remedying The Endorsement Of Symbolic Religious Speech, Jordan C. Budd
Law Faculty Scholarship
Justice O’Connor’s “perception of endorsement” standard governs the analysis of religious displays on public property for purposes of the Establishment Clause. The test rests on the perceptions of an “objective observer,” endowed with essentially perfect factual information, who assesses whether the display of religious imagery reasonably implies official endorsement of its message. Applying this standard, a well-developed jurisprudence unambiguously proscribes the permanent placement of religious symbols on public land. The remediation of these violations, however, is an ad hoc and often superficial exercise. This Article proposes a framework to realign the remedial inquiry with the rigorous assessment of the proscription …
"Sovereignty" Issues And The Church Bankruptcy Cases, David A. Skeel Jr.
"Sovereignty" Issues And The Church Bankruptcy Cases, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.