Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Academic

: Legal Theory Blog

Garnett on Greenawalt on Religion & the Constitution

By Lawrence Solum

ADVERTISEMENTS

Richard W. Garnett (Notre Dame Law School) has posted Judicial Enforcement of the Establishment Clause (Constitutional Commentary, Forthcoming) on SSRN. Here is the abstract:

This paper is the author?s contribution to a roundtable conference, held in October of 2008 at Notre Dame Law School, devoted to Prof. Kent Greenawalt?s book, Religion and the Constitution: Establishment and Fairness. It is suggested that Greenawalt?s admirably context-sensitive approach to church-and-state questions might lead us to think that the best course for judges is to find (somehow) some bright-line, on-off ?rules? and ?tests?, constructed to identify and forbid the most obvious violations of the Religion Clause?s core (whatever that is), and to give up on -- or, perhaps, ?underenforce? -- the rest.

Highly recommended.

Full post as published by Legal Theory Blog on May 07, 2009 (boomark / email).

Lawsuits and Settlements

Texas, USA
alleging the Medical Malpractice and Tort Reform Act of 2003 violates several provisions of the Constitution.

Walt Disney
alleging a Sikh American applied for a job with Disney but was told he did not have the "Disney look" - apparently referring to his beard and turban, which is required by his religion.

Indianapolis
alleging the city's police are overly aggressive against the homeless in violation of the protection of free speech and unreasonable searches guaranteed in the US Constitution.

Related Searches