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Full-Text Articles in Law
Religious Liberty And The Law, Stephen Wermiel
Religious Liberty And The Law, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter
Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter
Publications
The federal public lands contain places with both religious and secular value for American people. American Indians, in particular, hold certain natural features to be sacred, and visit them for ceremonies and worship. Simultaneously, non-Indians use the same places for economic, recreation, and many other purposes - and conflicts arise between these groups. In the past twenty years, a body of constitutional jurisprudence has developed to address questions of religious freedoms and public access rights on these lands that are owned and managed by the federal government. This article outlines the relevant First Amendment framework as well as recent statutes …
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
Journal Articles
Thirty-five years ago, in his landmark Lemon v. Kurtzman opinion, Chief Justice Warren Burger declared that state actions could "excessive[ly]"—and, therefore, unconstitutionally—"entangle" government and religion, not only by requiring or allowing intrusive monitoring by officials of religious institutions and activities, but also through their "divisive political potential." He worried that government actions burdened with this "potential" pose a "threat to the normal political process and "divert attention from the myriad issues and problems that confront every level of government." And, he insisted that "political division along religious lines was one of the principal evils against which the First Amendment was …
Common Sense About Original And Subsequent Understanding Of The Religion Clauses, Kent Greenawalt
Common Sense About Original And Subsequent Understanding Of The Religion Clauses, Kent Greenawalt
Faculty Scholarship
This Essay is mainly about the Establishment Clause, but it covers analogous questions about free exercise as well. I try to untangle the threads of various controversies, concentrating primarily on what seems fairly resolvable on examination, while also noting uncertainties that do not yield to easy analysis. I ask how constitutional language should have been and should be interpreted, adopting a strategy that gives weight to ordinary meaning and to the general sense of why that language was adopted. I do not eschew reference to legislative history; however for our purposes in this Essay, legislative history turns out to be …
Between A Man And His God: Violating The First Amendment Through Compelled Behavior Modification, Charles Davis
Between A Man And His God: Violating The First Amendment Through Compelled Behavior Modification, Charles Davis
Seattle University Law Review
Part II of this Note discusses the facts leading up to Boone v. State and the First Amendment arguments raised by Boone. Part III offers a brief historical perspective on religion in the American legal system, emphasizing specific developments relevant to Boone's case. Part IV analyzes the court's fatally flawed analysis, and Part V addresses the ramifications of the holding and offers some suggestions.
Book Review. The Supreme Court And Religion In American Life, Daniel O. Conkle
Book Review. The Supreme Court And Religion In American Life, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden
Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden
Seattle University Law Review
The Administration's Faith-Based Initiatives would fail a constitutional challenge under the Establishment Clause of the First Amendment. Applying the three-pronged test developed in Lemon v. Kurtzman and Zelman v. Simmons-Harris, this Comment concludes that the Initiatives, (1) though purportedly secular, have been enacted for a sectarian purpose and are not neutral toward religion; (2) are coercive and fail to fulfill the condition of private choice because the rural poor, such as those in Franklin County, Washington, whom the Initiatives target, realistically cannot choose between non-religious and sectarian service providers; and (3) to the extent that Initiative funded programs can …
Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler
Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Thou Shalt Not?, Mark Strasser
Thou Shalt Not?, Mark Strasser
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry
Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry
Patrick M. Garry
The relationship between church and state is both controversial and unsettled. For decades, the courts have vacillated dramatically in their rulings on when a particular governmental accommodation rises to the level of an impermissible state establishment of religion. Without a comprehensive theory of the First Amendment establishment clause, religion cases have devolved into a jurisprudence of minutiae. Seemingly insignificant occurrences, such as a student reading a religious story or a teacher wearing a cross on a necklace, have led to years of litigation. And because of the constant threat of judicial intrusion, a pervasive social anxiety exists about the presence …