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Articles 1 - 7 of 7
Full-Text Articles in Law
Sorting Through The Establishment Clause Tests, Looking Past The Lemon, Stephanie E. Russell
Sorting Through The Establishment Clause Tests, Looking Past The Lemon, Stephanie E. Russell
Missouri Law Review
After the decision in Lemon v. Kurtzman, one three-pronged test controlled all Establishment Clause issues. The Lemon test has guided the court's analysis of a broad range of issues, including governmental speech on religious topics, governmental impositions of burdens and grants of benefits, and governmental delegations of civil power to religious bodies. The Lemon test was not originally intended to provide strict rules, but rather, "helpful signposts." However, the Court began using the Lemon test exclusively to evaluate Establishment Clause issues soon after the decision was rendered.
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash
The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash
Law Faculty Publications
In the 70 years since Gitlow first incorporated the First Amendment protections of speech and press against the states, the Establishment Clause has been a boon to incorporation's enemies and an embarrassment to its friends. Scholars who make the historical case for general incorporation either ignore, or carefully distinguish, the case of the Establishment Clause. Anti-incorporationists, on the other hand, use the case against incorporation of the Establishment Clause as their cause celebre. In fact, so wonderfully ambiguous is the history surrounding this opening line of the Bill of Rights that originalists use it to attack incorporation, and nonoriginalists use …
The Death Of Graduation Prayer: The Parrot Sketch Redux, J. Alexander Tanford
The Death Of Graduation Prayer: The Parrot Sketch Redux, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso
The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso
St. Mary's Law Journal
A traditional common-law style of judicial decisionmaking exists which was present at this nation’s founding. This common law style is derived from natural law tradition. And this tradition stands as an alternative to the formalism of Justice Scalia or the Holmesian style of Chief Justice Rehnquist. This natural law style, with its focus on the religious and communitarian ethical tradition, was the dominant view of judicial interpretation for the framing and ratifying generation of the original Constitution and the Civil War Amendments. The decisionmaking style of Justices O’Connor, Kennedy, and Souter appears to have great affinity with this traditional common-law …
Quo Vadis: The Status And Prospects Of Tests Under The Religion Clauses, Kent Greenawalt
Quo Vadis: The Status And Prospects Of Tests Under The Religion Clauses, Kent Greenawalt
Faculty Scholarship
As the 1994 term drew to a close, "tests" for the Religion Clauses were in nearly total disarray. Apart from cases of discrimination against religions, and disputes over church property, a student of the Supreme Court's jurisprudence could not formulate any general tests that a majority of the Justices clearly support. As exciting as this state of affairs is for those who welcome uncertainty and change, it is disquieting for lawyers and clients, for judges who must decide free exercise and establishment claims, and for Supreme Court Justices who aspire to stable principles of adjudication. In this essay, I provide …
Winner, Best Appellate Brief In The 1995 Native American Law Student Association Moot Court Competition, Daniel L. Cheyette, Andrew J. Bobzien
Winner, Best Appellate Brief In The 1995 Native American Law Student Association Moot Court Competition, Daniel L. Cheyette, Andrew J. Bobzien
American Indian Law Review
No abstract provided.