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Religion And The Rehnquist Court, Kent Greenawalt
Religion And The Rehnquist Court, Kent Greenawalt
Faculty Scholarship
This summary Article pays predominant attention to what the Rehnquist Court has altered. It slights a significant range of continuity. That includes the Court's strong rejection of laws that discriminate among religions or that target religious practices and the Court's inhospitable response to religious exercises that are sponsored by public schools. Although "continuity" may be a misleading term for subjects a court has not addressed, the Supreme Court has not touched the law regarding judicial involvement in church property disputes since Rehnquist became Chief Justice, and nothing it has decided presages an obvious shift in that jurisprudence.
Viewpoints From Olympus, Kent Greenawalt
Viewpoints From Olympus, Kent Greenawalt
Faculty Scholarship
This Essay examines the Supreme Court's treatment of content and viewpoint discrimination in Rosenberger v. Rector and Visitors of the University of Virginia. In that opinion, the Court adopted a very expansive approach to what constitutes viewpoint discrimination, the form of content discrimination most disfavored by the Constitution. The Court held that a public university could not decline to fund publication of Wide Awake, a magazine devoted to proselytizing for Christianity, if it funded other student publications. Justice Kennedy's opinion for the Court accepted the argument of the sponsors of Wide Awake that the University had engaged in …