Academic

Gedicks on Nontangible Harms & the Establishment Clause

By Lawrence Solum

Frederick Mark Gedicks (Brigham Young University - J. Reuben Clark Law School) has posted Atmospheric Harms in Constitutional Law (Maryland Law Review, November 2009) on SSRN. Here is the abstract:

Prepared for the University of Maryland Constitutional Law Workshop, this essay uses Proposition 8 to frame how nontangible or "atmospheric" harms are treated differently by Establishment Clause doctrine than by other areas of constitutional law. The essay concludes that the greater tendency of Establishment Clause doctrine to credit actions based on atmospheric harms suggests that despite the doctrinal normalization of much Religion Clause jurisprudence, religion remains distinct from other constitutionally protected activities.

Full post as published by Legal Theory Blog on June 25, 2009 (boomark / email).