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Articles 1 - 22 of 22
Full-Text Articles in Law
Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman
Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman
Faculty Scholarship
No abstract provided.
Marsh V. Chambers: The Supreme Court Takes A New Look At The Establishment Clause, Diane L. Walker
Marsh V. Chambers: The Supreme Court Takes A New Look At The Establishment Clause, Diane L. Walker
Pepperdine Law Review
No abstract provided.
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Chicago-Kent Law Review
Some form of government neutrality toward religion, in contrast to a more pro-religion stance or a turn toward nonjusticiability, is the only interpretation of the Establishment Clause that can potentially lead to a national consensus concerning the proper role of religion in American public life. But to achieve that goal, neutrality theory must acknowledge and engage the need for the expressions of deep meaning on public occasions and in the public square generally. Current neutrality doctrine promotes a silent and empty public square. This article proposes an interpretation of neutrality that would allow a symbol-rich, meaning-full public square without violating …
The Future Of The Establishment Clause In Context: A Response To Ledewitz, Christopher C. Lund
The Future Of The Establishment Clause In Context: A Response To Ledewitz, Christopher C. Lund
Chicago-Kent Law Review
No abstract provided.
Constitutional Divide: The Transformative Significance Of The School Prayer Decisions, Steven D. Smith
Constitutional Divide: The Transformative Significance Of The School Prayer Decisions, Steven D. Smith
Pepperdine Law Review
This article challenges the standard view in which Everson v. Board of Education was the foundational and most important establishment clause decision and the school prayer decisions of the early 1960s (Engel v. Vitale and Abington School District v. Schempp) were virtually automatic corollaries. In fact, the article argues, it was the school prayer decisions that were foundational, subverting Everson’s “no aid separationism,” and animating not only later establishment clause jurisprudence but much else in constitutional and public discourse besides. Indeed, it is plausible to see the influence of the school prayer decisions and their articulation of secular neutrality as …
Lee V. Weisman And The Establishment Clause: Are Invocations And Benedictions At Public School Graduations Constitutionally Unspeakable?, Thomas A. Schweitzer
Lee V. Weisman And The Establishment Clause: Are Invocations And Benedictions At Public School Graduations Constitutionally Unspeakable?, Thomas A. Schweitzer
Thomas A. Schweitzer
No abstract provided.
Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Barker Brandt
Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Barker Brandt
Golden Gate University Law Review
In this article, I will first review the Court's Establishment Clause jurisprudence to date, with special attention to the issue of school prayer. Second, I will synthesize the major historical arguments driving the Court's analysis in this area. Third, I will summarize and analyze the opinions in Lee, their impact on existing jurisprudence and their importance for future cases in this area.
The Curious Case Of School Prayer: Political Entrepreneurship And The Relative (Im)Permeability Of Legal Institutions, Bradley D. Hays
The Curious Case Of School Prayer: Political Entrepreneurship And The Relative (Im)Permeability Of Legal Institutions, Bradley D. Hays
Schmooze 'tickets'
No abstract provided.
Social Capital In Constitutional Law: The Case Of Private Norm Enforcement Through Prayer At Public Occasions, Paul E. Mcgreal
Social Capital In Constitutional Law: The Case Of Private Norm Enforcement Through Prayer At Public Occasions, Paul E. Mcgreal
Paul E. McGreal
Distinguishing private action from government action is the first question of constitutional law. The distinction blurs most when the government and private actors jointly cause harm. Not surprisingly, then, the Supreme Court’s cases in this gray area have been inconsistent. For example, state court enforcement of a private racially restrictive covenant is government action, but agency placement of a child in a home where the child is abused is private action. The ad hoc nature of these decisions reflects a reluctance to fully embrace joint government-private causation of constitutional harm: Without a limiting principle, doing so would threaten to convert …
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
Publications
No abstract provided.
A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan
A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan
Michigan Law Review
Now pending before the Supreme Court is the most important church-state issue of our time: whether publicly funded vouchers may be used at private, religious schools without violating the Establishment Clause. The last time the Court considered school aid, it overruled precedent and upheld a government program providing computers and other instructional materials to parochial schools. In a plurality opinion defending that result, Justice Thomas dismissed as irrelevant the fact that some aid recipients were "pervasively sectarian." That label, said Thomas, had a "shameful pedigree." He traced it to the Blaine Amendment, proposed in 1875, which would have altered the …
Santa Fe Independent School District V. Doe: The Constitutional Complexities Associated With Student-Led Prayer, Jennifer Carol Irby
Santa Fe Independent School District V. Doe: The Constitutional Complexities Associated With Student-Led Prayer, Jennifer Carol Irby
Campbell Law Review
No abstract provided.
A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle
A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle
St. Mary's Law Journal
In Employment Division, Department of Human Resources of Oregon v. Smith, the U.S. Supreme Court held the traditional compelling state interest standard for Free Exercise Clause jurisprudence should be replaced by a new test requiring a statute or government action to be facially neutral and generally applicable. In response to Smith, Congress, relying on its Enforcement Clause powers under the Fourteenth Amendment, attempted to resurrect the compelling state interest standard by passing the Religious Freedom of Restoration Act (RFRA). In June 1999, the Texas legislature passed the Texas Religious Freedom Restoration Act (TRFRA). This Comment argues the TRFRA is unnecessary …
Can Public Schools Really Permit Religious Speech Without Promoting Religion - The Struggle To Accommodate But Not Establish Religion In Chandler V. James, Lynne A. Rafalowski
Can Public Schools Really Permit Religious Speech Without Promoting Religion - The Struggle To Accommodate But Not Establish Religion In Chandler V. James, Lynne A. Rafalowski
Villanova Law Review
No abstract provided.
"Student-Initiated" Prayer: Assessing The Newest Initiatives To Return Prayer To The Public Schools, Jessica Smith
"Student-Initiated" Prayer: Assessing The Newest Initiatives To Return Prayer To The Public Schools, Jessica Smith
Campbell Law Review
Section I of this article discusses the impetus for the recent spate of "student-initiated" prayer statutes, guidelines, and policies. The discussion includes a summary of existing provisions as well as detailed accounts of the history and development of two "student-initiated" prayer efforts. These accounts, which chronicle the development of initiatives in Florida and Mississippi, expose the ruse of "student-initiated" prayer. The accounts demonstrate that regardless of how the initiatives were promoted or disguised, their true purpose was not to protect students' rights of free speech and free exercise but to promote prayer. Section II challenges the new initiatives on constitutional …
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.
Disagreement And Interpretation, Robert F. Nagel
Comment: Not A Prayer For Curricular Reform After Lee V. Weisman, Joanne C. Brant
Comment: Not A Prayer For Curricular Reform After Lee V. Weisman, Joanne C. Brant
Case Western Reserve Law Review
No abstract provided.
Lee V. Weisman And The Establishment Clause: Are Invocations And Benedictions At Public School Graduations Constitutionally Unspeakable?, Thomas A. Schweitzer
Lee V. Weisman And The Establishment Clause: Are Invocations And Benedictions At Public School Graduations Constitutionally Unspeakable?, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Does The Camel Have Its Nose In The Tent: Individual Religious Freedom V. Prayer In Public Schools, Elizabeth Brandt
Does The Camel Have Its Nose In The Tent: Individual Religious Freedom V. Prayer In Public Schools, Elizabeth Brandt
Articles
No abstract provided.
The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice
The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice
Journal Articles
It is not my purpose here to discuss the possible extensions of the school prayer decisions. Rather, I am concerned only with the thought that the unqualified incorporation of the broad definition of religion into the establishment clause is perhaps the root fallacy in the Court's reasoning. In order to avoid an institutionalization of agnosticism as the official public religion of this country, the Court ought to acknowledge that nontheistic religions are not entitled to such unqualified recognition under the establishment clause as to bar even a simple governmental affirmation that in fact the Declaration of Independence is true when …
Let Us Pray - An Amendment To The Constitution, Charles E. Rice
Let Us Pray - An Amendment To The Constitution, Charles E. Rice
Journal Articles
The catholic, and especially the Catholic lawyer, ought to consider the school prayer matter in several aspects. One aspect is the problem of constitutionality. Another is the question of the practical benefit to be derived from the institutionalization of governmentally-sponsored religious observances. And a third is the problem of whether the long-term interest of the Church will be served by an amendment to overrule the United States Supreme Court's decisions. It will be profitable here to discuss the problems of constitutionality and practical benefit before proceeding to an inquiry as to whether the Catholic opponents of an amendment are, perhaps …