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Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
The past year generally has been another quiet one for children's legal issues in Virginia, although it was a busier than normal year in the United States Supreme Court with the grandparents' visitation case, the Texas high school football game prayer case, a significant Title I case involving the provision of instructional material to religiously operated schools, and the gay Boy Scout leader case. Not as much occurred at the state level, with little legislation of great significance to children and youth being enacted at the 2000 General Assembly session. However, a succession of cases interpreting and applying Baker v. …
Establishing A Pattern: An Analysis Of The Supreme Court's Establishment Clause Jurisprudence, Lisa Langendorfer
Establishing A Pattern: An Analysis Of The Supreme Court's Establishment Clause Jurisprudence, Lisa Langendorfer
University of Richmond Law Review
The First Amendment to the United States Constitution reads in part, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." These two phrases are known as the Establishment Clause and the Free Exercise Clause, respectively, and each plays a distinct part in determining the role and status of religion in American society. The Free Exercise Clause guarantees freedom of religious expression to the individual, while the Establishment Clause prohibits the government from involving itself in religious affairs and prevents religious officials from exerting improper influence over the government.
Students' Rights And How They Are Wronged, Nadine Strossen
Students' Rights And How They Are Wronged, Nadine Strossen
University of Richmond Law Review
Defending and enhancing the rights of students and young people has always been a major priority for the American Civil Liberties Union. One reason is that the rights of our nation's youth are always especially embattled - not surprisingly, since they are not yet eligible to vote and, therefore, lack political power.
Some Reflections On Multiculturalism, "Equal Concern And Respect," And The Establishment Clause Of The First Amendment, Sanford Levinson
Some Reflections On Multiculturalism, "Equal Concern And Respect," And The Establishment Clause Of The First Amendment, Sanford Levinson
University of Richmond Law Review
I was born and grew up in Hendersonville, North Carolina, a small town of about 6000 people in the western part of the state. There were about 30 Jewish families in Hendersonville, and I knew from a very early age that I was Jewish and, consequently, that I was different in an important way from almost all of my neighbors and classmates. The most evident way, especially to a child, involved dietary prohibitions against eating pork. I also knew that I was allowed absences from school (Rosh Hashanah and Yom Kippur) while other children were not. Inevitably, my Jewishness accounts …
The Lemon Test Rears Its Ugly Head Again: Lamb's Chapel V. Center Moriches Union Free School District, Wirt P. Marks Iv
The Lemon Test Rears Its Ugly Head Again: Lamb's Chapel V. Center Moriches Union Free School District, Wirt P. Marks Iv
University of Richmond Law Review
Since 1971, Establishment Clause cases have been analyzed under the three-prong test articulated by the Supreme Court in Lemon v. Kurtzman. However, this test has often been criticized for producing inconsistent results. In addition, inconsistent application of the test by the Court, and conflicting philosophies among judges and scholars regarding the separation of church and state, have resulted in considerable objection to the Lemon test. In fact, at least five of the current Supreme Court Justices have expressed their dissatisfaction with the Lemon test as a workable framework for Establishment Clause analysis.