Law Commons^™

The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin

Cornell Law Faculty Publications

Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …

Searching For The Soul Of Judicial Decisionmaking: An Empirical Study Of Religious Freedom Decisions, Gregory C. Sisk, Michael Heise, Andrew P. Morriss

Cornell Law Faculty Publications

During the past half century, constitutional theories of religious freedom have been in a state of great controversy, perpetual transformation, and consequent uncertainty. Given the vitality of religious faith for most Americans and the vigor of the enduring debate on the proper role of religious belief and practice in public society, a searching exploration of the influences upon judges in making decisions that uphold or reject claims implicating religious freedom is long overdue. Many thoughtful contributions have been to the debate about whether judges should allow their religious beliefs to surface in the exercise of their judicial role. Yet much …

Davey And The Limits Of Equality, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

The "Blaine" Debate: Must States Fund Religious Schools?, Laura S. Underkuffler

Cornell Law Faculty Publications

In Zelman v. Simmons-Harris, the United States Supreme Court held-by a vote of 5 to 4-that the funding of religious schools with taxpayer money through voucher programs does not violate the Establishment Clause of the United States Constitution. Emboldened by this success, voucher proponents now attack state constitutional provisions (often called "Blaine Amendments") that prohibit taxpayer funding of religious schools. These state provisions, which may stand in the way of religious-school voucher programs, are attacked as violative of the federal Constitution, rooted in anti-religious bias, or otherwise illegal or unwise.

It is my view that efforts to force states …

Liberalism And The Establishment Clause, Steven H. Shiffrin

Cornell Law Faculty Publications

Every political theory tolerates some things and not others. Every political theory promotes a particular kind of person even if it denies it is doing so. But the best liberalism does not confine itself to promoting a Rawlsian-tolerant citizen. Liberalism, like conservatism, has greater ambitions in the socialization of the young. The best liberalism, a neo-Millian liberalism, promotes a creative, independent, autonomous, engaged citizen and human being who works with others to make for a better society and speaks out against unjust customs, habits, institutions, traditions, hierarchies, and authorities.

Although government may promote a particular conception of the good life, …

The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman

Cornell Law Faculty Publications

No abstract provided.

Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Religion And Democracy, Steven H. Shiffrin

Cornell Law Faculty Publications

Should citizens armed with religious reasons for public policy outcomes present those reasons in the public forum or otherwise rely on them in making decisions? Those questions have produced a flurry of scholarship, both within and outside of the law. Moreover, as Kent Greenawalt's work richly demonstrates, these related questions raise many more questions still. Do the answers to those questions differ, for example, if the citizen is a judge, a legislator, a columnist, a religious leader, or a "mere" voter? Are some religious reasons acceptable for presentation in a public forum, but not others?

If one holds a constricted …

Yoder And The Question Of Equality, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

The Disposition Of Dead Bodies And Rights Attendant Thereto, Wilber Kinzie

Historical Theses and Dissertations Collection

No abstract provided.