Academic

Tebbe on "Excluding Religion"

By Lawrence Solum

Nelson Tebbe (Brooklyn Law School) has posted Excluding Religion: A Reply (University of Pennsylvania Law Review, Vol. 157, 2009) on SSRN. Here is the abstract:

This short piece replies to three prominent scholars who have offered thoughtful responses to my article, Excluding Religion. It first takes up their invitation to explore some of the ramifications of the article for legal and political theory, albeit in a limited way. Second, it revisits the article?s central argument - namely, that governments ought to have greater constitutional leeway to deny aid to religious actors and entities than is commonly thought - and shows how that proposal emerges from the conversation intact. Third, the reply defends certain limits on the practice of excluding religion, particularly the presumptive prohibition on singling out particular sects. In conclusion, the piece describes some aspirations that may legitimately motivate scholarship in this area.

Both the original article (link above) and the reply are recommended.

Full post as published by Legal Theory Blog on May 08, 2009 (boomark / email).