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ESTABLISHMENT CLAUSE (Update)

Boundaries of Faith-Based Programs, Determine Who Controls Prisons, and Escape from the Shackles of Contemporary Establishment Clause Jurisprudence

Boundaries of Faith-Based Programs, Determine Who Controls Prisons, and Escape from the Shackles of Contemporary Establishment Clause Jurisprudence

... an Establishment Clause ...an Establishment Clause violation, if the actions did not pass constitutional muster under the proper standard of ...

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Opting Out of Public School Curricula: Free Exercise and Establishment Clause Implications

Opting Out of Public School Curricula: Free Exercise and Establishment Clause Implications

... difficult Establishment Clause is- sues); Texas Monthly, ...Contemporary Establishment Clause Jurispru- dence, 22 S T ...[Establishment Clause] analysis by abandoning Lemon and ...

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Evolution, Science, and Ideology: Why the Establishment Clause Requires Neutrality in Science Classes

Evolution, Science, and Ideology: Why the Establishment Clause Requires Neutrality in Science Classes

... 228, 244 (1982) (“The clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another.”). Government may not finance religiou[r] ...

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Religion, Politics, and the Establishment Clause: Does God Belong in American Public Life?

Religion, Politics, and the Establishment Clause: Does God Belong in American Public Life?

... Justice Scalia’s determination to uncover the original mean- ing of the Establishment Clause purchases a variety of assump- tions that are problematic. The first is that “original meaning” lends itself to ...

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First Amendment   Seventh Circuit Expands Establishment Clause in High School Graduation Case

First Amendment Seventh Circuit Expands Establishment Clause in High School Graduation Case

... First Amendment Seventh Circuit Expands Establishment Clause in High School Graduation Case SMU Law Review Volume 66 | Issue 2 Article 6 2013 First Amendment Seventh Circuit Expands Establishment Clau[.] ...

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Audience Maturity and the Object of the Establishment Clause

Audience Maturity and the Object of the Establishment Clause

... In her article, Assuming Maturity Matters: The Limited Reach of the Establishment Clause at Public Universities, Deanna Pihos addresses the specific issue of school pra[r] ...

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The Pledge of Allegiance and the Establishment Clause of the First Amendment: Why Vishnu and Jesus Aren't In the Constitution

The Pledge of Allegiance and the Establishment Clause of the First Amendment: Why Vishnu and Jesus Aren't In the Constitution

... It is clear that the Pledge stands in violation of the Constitution, and the 9th Circuit Court was right to rule the way they did. However, judging by the backlash against the ruling in 2002, there are many people who ...

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Christianity and the Framers: The True Intent of the Establishment Clause

Christianity and the Framers: The True Intent of the Establishment Clause

... If our nation is to stop its increasing slide into moral decay, the courts will have to restore the original intent of our Founding Fathers and move away from the concept that neutrality is required. Stopping this slide ...

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Church, state, and charter: Canada's hidden establishment clause

Church, state, and charter: Canada's hidden establishment clause

... each clause has revolved around the concept of ...Exercise Clause context, legislation that burdens religion may be declared unconstitutional only if it is not “generally applicable [and] religion-neutral ...

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Sovereignty and the Sacred: The Establishment Clause in Indian Country

Sovereignty and the Sacred: The Establishment Clause in Indian Country

... sponse to this objection is simply that free exercise and other rights provisions do apply in Indian Country, and may be in- voked by individual Native Americans [r] ...

13

Establishment Clause Analysis: A Liberty Maximizing Proposal

Establishment Clause Analysis: A Liberty Maximizing Proposal

... To this end, I will examine each of the following views: the view that government may promote a national religion' the Story view that government may promote or acc[r] ...

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Unconstitutional Conditions: Unrecognized Implications for the Establishment Clause

Unconstitutional Conditions: Unrecognized Implications for the Establishment Clause

... For example, in a recent case in- volving whether a public school district could make available to stu- dents in parochial schools some of the supplemental secular[r] ...

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Myths, Miscues, and Misconceptions: No-Aid Separationism and the Establishment Clause

Myths, Miscues, and Misconceptions: No-Aid Separationism and the Establishment Clause

... The problem illustrated by these cases is not that govern- ment officials are, without more, interacting with religious orga- nizations. Some regulatory interaction b[r] ...

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Everson v. Brown: Hermeneutics, Framers' Intent, and the Establishment Clause

Everson v. Brown: Hermeneutics, Framers' Intent, and the Establishment Clause

... trine, but rather with the Court's historiography and use of framers' intent. Note first that Warren denies all four historio- graphic assumptions made by both the [r] ...

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Ceremonial Invocations at Public High School Events and the Establishment Clause

Ceremonial Invocations at Public High School Events and the Establishment Clause

... The Court in Marsh applied essentially a two-step analysis to deter- mine whether the Nebraska practice of opening its legislative sessions with an invocation was c[r] ...

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The Establishment Clause: An Absolutist's Defense

The Establishment Clause: An Absolutist's Defense

... Having unanimously upheld the court of appeals' ruling in respect to articulated prayer, Justice Stevens had no obligation to comment upon the district court's remarkab[r] ...

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Accommodating Indian Religions: The Proposed 1993 Amendment to the American Indian Religious Freedom Act

Accommodating Indian Religions: The Proposed 1993 Amendment to the American Indian Religious Freedom Act

... Under current Supreme Court doctrine, the government may act to lift governmentally imposed burdens on religious practices without violating the establishment clause [r] ...

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The Judicial Experiment with Privatizing Religion

The Judicial Experiment with Privatizing Religion

... Establishment Clause stood for the proposition that neither the states nor the federal government may aid religion, even if there is no discrimination among sects, and even whe[r] ...

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Parochial School Aid Revisited: The Lemon Test, the Endorsement Test and Religious Liberty

Parochial School Aid Revisited: The Lemon Test, the Endorsement Test and Religious Liberty

... sectarian schools infringes precisely those Establishment Clause values at the root of the prohibition of excessive entanglement. [T]he religious school, which has as a[r] ...

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Epistemological Nonsense - The Secular/Religious Distinction

Epistemological Nonsense - The Secular/Religious Distinction

... The Court proposed a three-part test to determine whether the statutes in question violated the Establishment Clause. "First, the statute must have a secular legi[r] ...

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