Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law
The Only Thing We Have To Fear Is Fear Itself: Islamophobia And The Recently Proposed Unconstitutional And Unnecessary Anti-Religion Laws, Lee Tankle
William & Mary Bill of Rights Journal
No abstract provided.
The Congressional Chaplaincies, Christopher C. Lund
The Congressional Chaplaincies, Christopher C. Lund
William & Mary Bill of Rights Journal
Roughly twenty-five years ago, in Marsh v. Chambers, the Supreme Court considered the congressional chaplaincies, and concluded that they were not "an 'establishment' of religion or a step toward establishment," but instead were "simply a tolerable acknowledgment of beliefs widely held among the people of this country."' That latter phrase has been repeated hundreds of times in cases and law review articles; it suggests that the chaplaincies are uninteresting and uncontroversial and that they have been so throughout our history. The Court in Marsh looked only briefly at the history of the chaplaincies.2 A deeper look at that history reveals …
Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky
Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky
William & Mary Bill of Rights Journal
No abstract provided.
"Religion-Neutral" Jurisprudence: An Examination Of Its Meaning And End, L. Scott Smith
"Religion-Neutral" Jurisprudence: An Examination Of Its Meaning And End, L. Scott Smith
William & Mary Bill of Rights Journal
No abstract provided.
Transcript Of Speech On American Atheists' Position On Religion In The Public Schools, Ellen Johnson
Transcript Of Speech On American Atheists' Position On Religion In The Public Schools, Ellen Johnson
William & Mary Bill of Rights Journal
Religious discussion in American public schools is one of the more controversial issues in modern education. Ellen Johnson not only explains the American Atheists 'position on the issue, but also presents observations from the often-ignored Atheist perspective. Johnson's remarks serve to remind us that there are other views on the subject besides the popular opinions concerning accommodation and access to school facilities.
Who Speaks For The State?: Religious Speakers On Government Platforms And The Role Of Disclaiming Endorsement, Steven H. Aden
Who Speaks For The State?: Religious Speakers On Government Platforms And The Role Of Disclaiming Endorsement, Steven H. Aden
William & Mary Bill of Rights Journal
The recent Supreme Court decision in Santa Fe Independent School District v. Doe prohibits prayer at school-sponsored events. In this Article the author analyzes the development of Supreme Court jurisprudence in the area of religion in public schools. Noting the tension between the Establishment and Free Speech Clauses, the author proposes the use of disclaimers to allow student expression at school events to avoid violating the Establishment Clause.
Religion In The Public Schools After Santa Fe Independent School District V. Doe: Time For A New Strategy, Steven W. Fitschen
Religion In The Public Schools After Santa Fe Independent School District V. Doe: Time For A New Strategy, Steven W. Fitschen
William & Mary Bill of Rights Journal
In this Essay, Steven Fitschen, President of the National Legal Foundation, argues against the Supreme Court's ruling in Santa Fe Independent School District v. Doe, and calls for a new strategy in litigating similar cases. Fitschen proposes a "thirty-year plan" because he believes that the current Court composition, which he sees as driven by personal predilections rather than by precedent, was partly responsible for the outcome of Santa Fe. Fitschen argues that the current Court has largely ignored Establishment Clause precedent, and that any new, effective strategy will be slowly implemented The thirty-year plan calls for less perfunctory reliance on …
Squeezing Religion Out Of The Public Square- The Supreme Court, Lemon, And The Myth Of The Secular Society, M. G. "Pat" Robertson
Squeezing Religion Out Of The Public Square- The Supreme Court, Lemon, And The Myth Of The Secular Society, M. G. "Pat" Robertson
William & Mary Bill of Rights Journal
No abstract provided.
Public Education And The Public Good, Robert S. Alley
Public Education And The Public Good, Robert S. Alley
William & Mary Bill of Rights Journal
No abstract provided.
Religious Freedom And The First Self-Evident Truth: Equality As A Guiding Principle In Interpreting The Religion Clauses, Jay Alan Sekulow, James Matthew Henderson, Kevin E. Broyles
Religious Freedom And The First Self-Evident Truth: Equality As A Guiding Principle In Interpreting The Religion Clauses, Jay Alan Sekulow, James Matthew Henderson, Kevin E. Broyles
William & Mary Bill of Rights Journal
No abstract provided.