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William & Mary Law Review

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Church and State

Articles 1 - 30 of 32

Full-Text Articles in Law

Corruption Of Religion And The Establishment Clause, Andrew Koppelman May 2009

Corruption Of Religion And The Establishment Clause, Andrew Koppelman

William & Mary Law Review

Government neutrality toward religion is based on familiar considerations: the importance of avoiding religious conflict, alienation of religious minorities, and the danger that religious considerations will introduce a dangerous irrational dogmatism into politics and make democratic compromise more difficult. This Article explores one consideration, prominent at the time of the framing, that is often overlooked: the idea that religion can be corrupted by state involvement with it. This idea is friendly to religion but, precisely for that reason, is determined to keep the state away from religion. If the religion-protective argument for disestablishment is to be useful today, it cannot …


Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy Oct 2008

Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy

William & Mary Law Review

No abstract provided.


Religion At A Public University, Gerard V. Bradley May 2008

Religion At A Public University, Gerard V. Bradley

William & Mary Law Review

No abstract provided.


Why Church And State Should Be Separate, Erwin Chemerinsky May 2008

Why Church And State Should Be Separate, Erwin Chemerinsky

William & Mary Law Review

No abstract provided.


Sex, Politics, And Morality, Edward L. Rubin Oct 2005

Sex, Politics, And Morality, Edward L. Rubin

William & Mary Law Review

No abstract provided.


Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell Apr 2003

Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell

William & Mary Law Review

No abstract provided.


Moving The Baseline: The Contradiction At The Core Of Constitutional Discourse Over State Aid To Parochial Schools, Andrew Stark Apr 2001

Moving The Baseline: The Contradiction At The Core Of Constitutional Discourse Over State Aid To Parochial Schools, Andrew Stark

William & Mary Law Review

No abstract provided.


Accommodation And Equal Liberty, Lisa Schultz Bressman Mar 2001

Accommodation And Equal Liberty, Lisa Schultz Bressman

William & Mary Law Review

No abstract provided.


Social Meaning And School Vouchers, Neal Devins Mar 2001

Social Meaning And School Vouchers, Neal Devins

William & Mary Law Review

No abstract provided.


Government Messages And Government Money: Santa Fe, Mitchell V. Helms, And The Arc Of The Establishment Clause, Ira C. Lupu Mar 2001

Government Messages And Government Money: Santa Fe, Mitchell V. Helms, And The Arc Of The Establishment Clause, Ira C. Lupu

William & Mary Law Review

No abstract provided.


Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck Mar 2001

Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck

William & Mary Law Review

No abstract provided.


Free? Exercise, Marci A. Hamilton Mar 2001

Free? Exercise, Marci A. Hamilton

William & Mary Law Review

No abstract provided.


The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler Mar 1995

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

William & Mary Law Review

No abstract provided.


Religion-Plus-Speech: The Constitutionality Of Juror Oaths And Affirmations Under The First Amendment, Jonathan Belcher Oct 1992

Religion-Plus-Speech: The Constitutionality Of Juror Oaths And Affirmations Under The First Amendment, Jonathan Belcher

William & Mary Law Review

No abstract provided.


Beyond Mergens: Balancing A Student's Free Speech Right Against The Establishment Clause In Public High School Equal Access Cases, D. Jarrett Arp Oct 1990

Beyond Mergens: Balancing A Student's Free Speech Right Against The Establishment Clause In Public High School Equal Access Cases, D. Jarrett Arp

William & Mary Law Review

No abstract provided.


The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland Jun 1986

The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland

William & Mary Law Review

No abstract provided.


The Religion Clauses And Nonbelievers, Norman Dorsen Jun 1986

The Religion Clauses And Nonbelievers, Norman Dorsen

William & Mary Law Review

No abstract provided.


The Free Exercise Clause: A View From The Public Forum, Lillian R. Bevier Jun 1986

The Free Exercise Clause: A View From The Public Forum, Lillian R. Bevier

William & Mary Law Review

No abstract provided.


Constitutionally Compelled Exemptions And The Free Exercise Clause, Geoffrey R. Stone Jun 1986

Constitutionally Compelled Exemptions And The Free Exercise Clause, Geoffrey R. Stone

William & Mary Law Review

No abstract provided.


"Nonpreferential" Aid To Religion: A False Claim About Original Intent, Douglas Laycock Jun 1986

"Nonpreferential" Aid To Religion: A False Claim About Original Intent, Douglas Laycock

William & Mary Law Review

No abstract provided.


Unprecedential Analysis And Original Intent, William P. Marshall Jun 1986

Unprecedential Analysis And Original Intent, William P. Marshall

William & Mary Law Review

No abstract provided.


The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper Jun 1986

The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper

William & Mary Law Review

No abstract provided.


Comment On "The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments", Barry A. Fisher Jun 1986

Comment On "The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments", Barry A. Fisher

William & Mary Law Review

No abstract provided.


May Officials Think Religiously?, Frederick Schauer Jun 1986

May Officials Think Religiously?, Frederick Schauer

William & Mary Law Review

No abstract provided.


Religious Activism: The Historical Record, Michael E. Smith Jun 1986

Religious Activism: The Historical Record, Michael E. Smith

William & Mary Law Review

No abstract provided.


Introduction To Religion And The State, Gene R. Nichol Jun 1986

Introduction To Religion And The State, Gene R. Nichol

William & Mary Law Review

No abstract provided.


Coercion: The Lost Element Of Establishment, Michael W. Mcconnell Jun 1986

Coercion: The Lost Element Of Establishment, Michael W. Mcconnell

William & Mary Law Review

No abstract provided.


To Walk A Crooked Path: Separating Law And Religion In The Secular State, Diane L. Zimmerman Jun 1986

To Walk A Crooked Path: Separating Law And Religion In The Secular State, Diane L. Zimmerman

William & Mary Law Review

No abstract provided.


Reflections On The Role Of Purpose In The Jurisprudence Of The Religion Clauses, Mark V. Tushnet Jun 1986

Reflections On The Role Of Purpose In The Jurisprudence Of The Religion Clauses, Mark V. Tushnet

William & Mary Law Review

No abstract provided.


Serbian Eastern Orthodox Diocese V. Milivojevich Mar 1977

Serbian Eastern Orthodox Diocese V. Milivojevich

William & Mary Law Review

No abstract provided.