Constitutional Law Commons^™

February 29, 2008: The Establishment Clause "Under God": Toward An American Law Of A Meaning-Filled Public Space, Bruce Ledewitz

Hallowed Secularism

The Establishment Clause "under God": Toward an American Law of a Meaning-Filled Public Space

February 28, 2008: Abortion And Gay Marriage, Bruce Ledewitz

Hallowed Secularism

Abortion and Gay Marriage

February 26, 2008: The Pew Forum U.S. Religious Landscape Survey, Bruce Ledewitz

Hallowed Secularism

The PEW Forum U.S. Religious Landscape Survey

February 20, 2008: Theology Of Public Life Versus Public Theology, Bruce Ledewitz

Hallowed Secularism

Theology of Public Life versus Public Theology

February 18, 2008: Anthony Kronman—Education’S End: Why Our Colleges And Universities Have Given Up On The Meaning Of Life, Bruce Ledewitz

Hallowed Secularism

Anthony Kronman—Education’s End: Why Our Colleges and Universities Have Given Up on the Meaning of Life

Fbruary 16, 2008: How Secularists Knocked Down The Wall Of Separation Between Church And State, Bruce Ledewitz

Hallowed Secularism

How Secularists Knocked Down the Wall of Separation Between Church and State

February 14, 2008: New Thinking About Religion, Bruce Ledewitz

Hallowed Secularism

New Thinking about Religion

February 12, 2008 More On E.J. Dionne Jr., Bruce Ledewitz

Hallowed Secularism

More on E.J. Dionne Jr.

February 11, 2008: Religious Talk Is Not Enough To Close The God Gap, Bruce Ledewitz

Hallowed Secularism

Religious Talk is not Enough to Close the God Gap

February 7, 2008: The Secular American Young, Bruce Ledewitz

Hallowed Secularism

The Secular American Young

February 1, 2008: Membership In A Synagogue, Bruce Ledewitz

Hallowed Secularism

Membership in a Synagogue

January 29, 2008: Randall Balmer On Fresh Air, Bruce Ledewitz

Hallowed Secularism

Randall Balmer on Fresh Air

January 26, 2008: Darwin Day 2008, Bruce Ledewitz

Hallowed Secularism

Darwin Day 2008

January 23, 2008: Martin Luther King, Jr., Bruce Ledewitz

Hallowed Secularism

Martin Luther King, Jr.

January 20, 2008: God, Bruce Ledewitz

Hallowed Secularism

God

January 13, 2008: Upon Finally Finishing Charles Taylor, Bruce Ledewitz

Hallowed Secularism

Upon Finally Finishing Charles Taylor

January 6, 2008: The Need For Religion, Bruce Ledewitz

Hallowed Secularism

The Need for Religion

January 3, 2008: Charles Taylor: A Secular Age, Bruce Ledewitz

Hallowed Secularism

Charles Taylor: A Secular Age

January 1, 2008: The Failures Of Secularism, Bruce Ledewitz

Hallowed Secularism

The Failures of Secularism

Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Corruption Of Religion And The Establishment Clause, Andrew Koppelman

Faculty Working Papers

Government neutrality toward religion is based on familiar considerations: the importance of avoiding religious conflict, alienation of religious minorities, and the danger that religious considerations will introduce a dangerous irrational dogmatism into politics and make democratic compromise more difficult. This paper explores one consideration, prominent at the time of the framing, that is often overlooked: the idea that religion can be corrupted by state involvement with it. This idea is friendly to religion but, precisely for that reason, is determined to keep the state away from religion.

If the religion-protective argument for disestablishment is to be useful today, it cannot …

Cultural Values And Government, Walter E. Dellinger Iii

Faculty Scholarship

Mr. Dellinger Mr. Dellinger originally delivered these remarks for the panel entitled The Role of Government in Defining Our Culture, at the Federalist Society’s 2006 National Lawyers Convention, on Saturday, November 18, 2006, in Washington, D.C. commenting on the Ninth Circuit decision Finley v. National Endowment for the Arts. The case involved the constitutionality of the Helms Amendment which required that the National Endowment for the Arts take decency into account in choosing who should be awarded artistic grants.

Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai

Scholarly Articles in Law Reviews & Journals

In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …

The Political Origins Of Secular Public Education: The New York School Controversy 1840-1842, Ian C. Bartrum

Scholarly Works

As the title suggests, this article explores the historical origins of secular public education, with a particular focus on the controversy surrounding the Catholic petitions for school funding in nineteenth-century New York City. The article first examines the development of Protestant nonsectarian common schools in the northeast, then turns to the New York controversy in detail, and finally explores that controversy's legacy in state constitutions and the Supreme Court. It is particularly concerned with two ideas generated in New York: (1) Bishop John Hughes' objection to nonsectarianism as the 'sectarianism of infidelity'; and (2) New York Secretary of State John …

Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry

Law Faculty Scholarship

No abstract provided.

The Problem Of Religious Learning, Marc O. Degirolami

Faculty Publications

The problem of religious learning is that religion—including the teaching about religion—must be separated from liberal public education, but that the two cannot be entirely separated if the aims of liberal public education are to be realized. It is a problem that has gone largely unexamined by courts, constitutional scholars, and other legal theorists. Though the U.S. Supreme Court has offered a few terse statements about the permissibility of teaching about religion in its Establishment Clause jurisprudence, and scholars frequently urge policies for or against such controversial subjects as Intelligent Design or graduation prayers, insufficient attention has been paid to …

The Possibility Of A Secular First Amendment, Chad Flanders

All Faculty Scholarship

In a series of articles and now in their new book, Religious Freedom and the Constitution, Lawrence Sager and Christopher Eisgruber (E&S) defend an interpretation of the religion clauses of the First Amendment which, they write, "denies that religion is a constitutional anomaly, a category of human experience that demands special benefits and/or necessitates special restrictions." While not a book review in the traditional sense, my essay takes E&S's defense of a secular First Amendment as a starting point and asks, how did we get to the point where an interpretation of the First Amendment which denies that religion is …

December 29, 2007: More On Craig Unger The Neocons And Religion, Bruce Ledewitz

Hallowed Secularism

More on Craig Unger the Neocons and Religion

December 28, 2007: The Neocons And Religion, Bruce Ledewitz

Hallowed Secularism

The Neocons and Religion