Supreme Court of the United States Commons^™

Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne

Faculty Publications

No abstract provided.

The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland

West Virginia Law Review

No abstract provided.

The Walz Decision: More On The Religion Clauses Of The First Amendment, Paul G. Kauper

Michigan Law Review

The principal thrust of this Article is to determine the contribution made by the Walz decision to the body of ideas that has been developed by the Court in its application of the interdependent free exercise and establishment limitations of the first amendment, to point up any distinctively new emphases, and to suggest the implications of these new ideas and emphases for important cases coming before the Court at its 1970-1971 term.

Conscientious Objector - Welsh V. United States, Deborah Mailman

North Carolina Central Law Review

No abstract provided.

Schoolhouse Religion And The Supreme Court: A Report On Attitudes Of Teachers And Principals And On School Practices In Wisconsin And Ohio, Donald R. Reich

Journal of Legal Education

No abstract provided.

The Warren Court: Religious Liberty And Church-State Relations, Paul G. Kauper

Michigan Law Review

The purpose of this Article is to analyze the holdings of the Warren Court under these two clauses in an attempt to assess their significance by reference both to earlier interpretations and to the direction they may give to future development.

Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review

Michigan Law Review

For over forty years, public schools have been participating in shared time programs pursuant to which non-public school children attend public schools for instruction in one or more subjects during the regular school day. Since ninety per cent of the pupils in nonpublic elementary and secondary schools are in Roman Catholic schools, shared time-or, as it is also known, dual enrollment raises questions of an establishment of religion in contravention of the provisions of the first amendment to the Constitution. To date, no court has faced this constitutional issue and only three state courts have ruled upon the validity of …

Authorization Of Involuntary Blood Transfusion For Adult Jehovah's Witness Held Unconstitutional--In Re Brooks' Estate, Michigan Law Review

Michigan Law Review

Despite serious illness, plaintiff requested, in accordance with her religious beliefs as a Jehovah's Witness, that blood transfusions not be administered to her. Upon the request of her physician and several assistant state's attorneys, a court-appointed guardian was authorized to consent to a blood transfusion for the plaintiff, and a transfusion was administered. On appeal of the court's action to the Supreme Court of Illinois, held, order reversed. The authorization of a blood transfusion for an adult Jehovah's Witness who has only adult children is an unconstitutional interference with the patient's right to the free exercise of her religion.

Boles: The Bible, Religion And The Public Schools, Arthur E. Sutherland

Michigan Law Review

A Review of The Bible, Religion and the Public Schools (3d ed) by Donald E. Boles

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …

Chief Justice Waite And The "Twin Relic": Reynolds V. United States, C. Peter Magrath

Vanderbilt Law Review

In the landmark case of Reynolds v. United States, the United States Supreme Court held that a general law prohibiting polygamy did not abridge the religious freedom of members of the Mormon faith guaranteed by the first amendment. The author here explores the background of Chief Justice Waite's opinion in Reynolds v. United States: the tenets and development of the Mormon faith in the United States, the character of the Waite Court, and the sources and development of Chief Justice Waite's opinion in the case.

Giannella: Religion And The Public Order, Rev. Robert F. Drinan S. J.

Michigan Law Review

A Review of Religion and the Public Order. An Annual Review of Church and State and of Religion, Law and Society, The Institute of Church and State, Villanova University School of Law. Edited by Donald A. Giannella.

Book Reviews, Ronan E. Degnan, Jerold Israel, Robert F. Drinan S.J.

Vanderbilt Law Review

Cases and Materials on Debtor and Creditor

By Vern Countryman

Boston: Little, Brown & Co., 1964. Pp. lxiii, 841. $12.50.

reviewer: Ronan E. Degnan

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The Supreme Court on Trial

By Charles S. Hyneman

New York: Atherton Press, 1963. Pp. IX, 308. $6.50.

reviewer: Jerold Israel

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Religion and American Constitutions (1963 Rosenthal Lectures)

By Wilbur G. Katz

Northwestern University Press 1964. Pp. 114. $3.50.

reviewer: Rev. Robert F. Drinan, S.J.

The Establishment Clause And The Ecumenical Movement, Robert C. Casad

Michigan Law Review

In recent years the Roman Catholic Church has begun to give tentative official support to the view that eventual reconciliation with the Protestants is feasible and desirable. The acceptance of the ecumenical ideal by the Roman Catholic Church removes virtually all doubt that in the ecumenical movement organized Christianity is facing an upheaval of major importance, comparable perhaps to the Reformation. It is not likely to lose force after a few years, as so many minor religious movements do. It is definitely under way, gaining momentum year by year. It is bound to have far-reaching effects and give rise to …

Prayer, Public Schools And The Supreme Court, Paul G. Kauper

Michigan Law Review

A more complete understanding of the case, while doing much to temper the initial outburst of disapproval, did not by any means dispel all criticism of the decision or allay all the apprehensions aroused by it. Believing that the Supreme Court's opinion was premised on a fundamentally erroneous interpretation of the establishment clause of the first amendment, Bishop James A. Pike headed a movement to amend the Constitution so as to restore what he regarded as the true and intended meaning of its pertinent language. In the meantime, the Supreme Court has agreed to review and has heard argument on …

The EngelCase From A Swiss Perspective, F. William O'Brien

Michigan Law Review

On June 25, 1962, the Supreme Court of the United States held that the State of New York, by using its public school system to encourage recitation of a prayer during classroom hours, had adopted a practice wholly inconsistent with that clause of the first amendment, applicable to the states by virtue of the fourteenth amendment, which prohibits laws respecting an establishment of religion. The opinion of the Court, written by Mr. Justice Black for himself and four other Justices, is interesting in that he rests the Court's decision exclusively upon the establishment clause. In previous decisions, the Court had …

Church And State: Cooperative Separatism, Paul G. Kauper

Michigan Law Review

Nothing is better calculated to stimulate argument, arouse controversy, excite the emotions and even produce intense visceral reactions than a discussion of church-state relations. Always a subject of lively interest, it has received added attention and emphasis in recent months. Perhaps at no time in at least the modem era of American history have the questions of the proper relationship between religion and government been more thoroughly publicized and explored, and the issues more widely debated, than during the period beginning with the presidential campaign of 1960.

Constitutional Law- Freedom Of Religion- Tuition Payments To Parochial Schools Violate Fourteenth Amendment, William S. Bach

Michigan Law Review

Because defendant school district did not maintain a high school within the school district, tuition payments were made, as provided by statute, to the high schools attended by pupils residing within the district. The parents of each student selected the high school to be attended. As a result of this program, some tuition payments were made to high schools operated by the Roman Catholic Church. Plaintiff taxpayer sought in a declaratory judgment a determination of the validity of tuition payments made to Catholic high schools under the United States Constitution and the Constitution of Vermont. The court of chancery held …

Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Henry B. Pearsall

Michigan Law Review

Plaintiffs, as parents of children in the public school system, sought to enjoin and have declared unconstitutional the practice of reading aloud to students each day ten verses of the Holy Bible as required by a Pennsylvania statute. The plaintiffs contended that this practice constituted an establishment of religion and a prohibition of the free exercise thereof and was therefore a violation of rights guaranteed by the First Amendment to the United States Constitution. By a three-judge district court, held, for plaintiffs. The statute violated the United States Constitution because the Bible is essentially a religious book and the …

Church, State, And Freedom: A Review, Paul G. Kauper

Michigan Law Review

The Supreme Court's opinion in the Everson case declaring that the separation-of-church-and-state limitation derived from the First Amendment was equally applicable to the states via the Fourteenth Amendment opened up new vistas on the church-state problems in this country. Opponents of released time programs were quick to seize the opening thus afforded as evidenced by the litigation in the McCollum and Zorach cases. And even before the Everson case reached it, the Supreme Court, thanks almost entirely to the efforts of Jehovah's Witnesses, had been engaged at length with the task of defining the dimensions of religious freedom as secured …

Release Time And Religious Liberty: A Reply, Leo Pfeffer

Michigan Law Review

In his generous article-review of this writer's book, Church, State, and Freedom, Paul G. Kauper justified the decision of the United States Supreme Court in Zorach v. Clauson on the basis of its prior decision in Pierce v. Society of Sisters. In the Pierce case, it will be remembered, the Supreme Court invalidated an Oregon statute whose purpose it was to require attendance of all children at public schools. In Zorach v. Clauson, the Court upheld the validity of a New York statute that permitted public schools to release children for one hour weekly to receive religious …