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Full-Text Articles in Law
Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation, Carl H. Esbeck
Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation, Carl H. Esbeck
Faculty Publications
This article takes up the curious tale as to why the text and drafting record in the House and Senate were ignored by the Court in Everson, as well as what the text and debate can tell us about contemporary theories making the rounds. One theory of conservatives is that the Establishment Clause was not intended to prohibit support for religion so long as no religion is preferred.
Same-Sex Marriage, Second-Class Citizenship, And Law's Social Meanings, Michael C. Dorf
Same-Sex Marriage, Second-Class Citizenship, And Law's Social Meanings, Michael C. Dorf
Cornell Law Faculty Publications
Government acts, statements, and symbols that carry the social meaning of second-class citizenship may, as a consequence of that fact, violate the Establishment Clause or the constitutional requirement of equal protection. Yet social meaning is often contested. Do laws permitting same-sex couples to form civil unions but not to enter into marriage convey the social meaning that gays and lesbians are second-class citizens? Do official displays of the Confederate battle flag unconstitutionally convey support for slavery and white supremacy? When public schools teach evolution but not creationism, do they show disrespect for creationists? Different audiences reach different conclusions about the …
September 25, 2011: Justice Scalia At Duquesne Law School, Bruce Ledewitz
September 25, 2011: Justice Scalia At Duquesne Law School, Bruce Ledewitz
Hallowed Secularism
Blog post, “Justice Scalia at Duquesne Law School“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Nonbelievers, Nelson Tebbe
Nonbelievers, Nelson Tebbe
Cornell Law Faculty Publications
How should courts handle nonbelievers who bring religious freedom claims? Although this question is easy to grasp, it presents a genuine puzzle because the religion clauses of the Constitution, along with many contemporary statutes, protect only religion by their terms. From time to time, judges and lawyers have therefore struggled with the place of nonbelievers in the American scheme of religious freedom. Today, this problem is gaining prominence because of nonbelievers’ rising visibility. New lines of social conflict are forming around them, generating disputes that have already gone legal. In this Article, I argue that no wholesale response will do. …
August 25, 2011: Duquesne University Law School To Probe The Future Of The Establishment Clause, Bruce Ledewitz
August 25, 2011: Duquesne University Law School To Probe The Future Of The Establishment Clause, Bruce Ledewitz
Hallowed Secularism
Blog post, “Duquesne University Law School to Probe The Future of the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 11, 2011: Governor Rick Perry’S Prayer Event, Bruce Ledewitz
August 11, 2011: Governor Rick Perry’S Prayer Event, Bruce Ledewitz
Hallowed Secularism
Blog post, “Governor Rick Perry’s Prayer Event“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 5, 2011: The Exchange Continues At Secularconscience Blogspot, Bruce Ledewitz
August 5, 2011: The Exchange Continues At Secularconscience Blogspot, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Exchange Continues at Secularconscience Blogspot“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 1, 2011: Maybe There Is No Such Thing As Establishment Of Religion, Bruce Ledewitz
August 1, 2011: Maybe There Is No Such Thing As Establishment Of Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Maybe There is No Such Thing As Establishment of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 20, 2011: What Is Religion/What Is Prayer?, Bruce Ledewitz
June 20, 2011: What Is Religion/What Is Prayer?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What is Religion/What is Prayer?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
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