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Full-Text Articles in Law
Of Courts, Clauses And Native American Culture: Lyng V. Northwest Indian Cemetery Protective Association, Bill Peters
Of Courts, Clauses And Native American Culture: Lyng V. Northwest Indian Cemetery Protective Association, Bill Peters
Northern Illinois University Law Review
This Casenote discusses the Supreme Court opinion in Lyng v. Northwest Indian Cemetery Protective Association, which approved road construction across land held sacred by various North American Indian tribes. The Note examines the free exercise clause of the first amendment under which the Indians challenged the Forest Service project, and that clause's development through constitutional case law as a guarantee of fundamental religious rights. This Note suggests that the Court's incremental departure from strict scrutiny analysis in free exercise controversies has, at least for Native Americans, culminated with the decision in Lyng.
Religious Convictions And Political Choice By Kent Greenawalt, Todd D. Volker
Religious Convictions And Political Choice By Kent Greenawalt, Todd D. Volker
Northern Illinois University Law Review
This Book Review examines the most recent book by Professor Kent Greenawalt of Columbia University. The book itself, a discussion on the proper connection of religious beliefs to political decisions, is examined using the works of Rawls and Dworkin as philosophical benchmarks. According to Volker, Religious Convictions and Political Choice not only weathers its comparisons to the great works of Rawls and Dworkin, but has carved out a deserved place alongside them.
Lynch V. Donnelly: One Foot Off The Tightrope?, Jacqueline M. Gerber
Lynch V. Donnelly: One Foot Off The Tightrope?, Jacqueline M. Gerber
Northern Illinois University Law Review
An in-depth study of the first amendment establishment clause and its application to the controversial decision in Lynch v. Donnelly with emphasis on how the Court used the Lemon test to uphold display of a city-funded creche during the Christmas holidays.