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1993

University of Richmond

Lamb's Chapel v. Center Moriches Union Free School District

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Full-Text Articles in Law

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 1993

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

In the past year, several significant developments affecting children and the legal system have occurred: first, the General Assembly's enactment of Family Court legislation introduced under the auspices of the Supreme Court of Virginia and the Judicial Council; second, the reaffirmation of the Comprehensive Services Act, a state-wide, community-based, inter-agency system of delivering services to children, youth and their families; third, the adoption of a number of bills which address the growing problem of violence by juveniles; and fourth, an increasing number of decisions concerning transfer of juveniles to the circuit courts to be tried as adults, which also reflects …


The Lemon Test Rears Its Ugly Head Again: Lamb's Chapel V. Center Moriches Union Free School District, Wirt P. Marks Iv Jan 1993

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.