Religious Liberties
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Recent Publications
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What are Americans Getting from the GIVE Act? |
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Smith, Stormans, and the Future of Free Exercise: Applying the Free Exercise Clause to Targeted Laws of General Applicability |
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Suppose that a new Christian church in town announced that it will have a special focus on the biblical story of Jesus turning water into wine. Accordingly, rather than the single sip of wine commonly consumed at other Christian services, worshippers at the new church drink several glasses of wine as part of the service, in imitation of the wedding guests at Cana... |
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Why the Supreme Court Has Fashioned Rules of Standing Unique to the Establishment Clause |
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The U.S. Supreme Court is quite vigilant in enforcing its justiciability rules concerning standing to sue. For over half a century, however, the Supreme Court has reduced the rigor of its standing rules when a claim is lodged under the Establishment Clause of the First Amendment. The Court famously did so with respect to federal taxpayer standing in the venerable case of Flast v. Cohen, but in no instance other than claims invoking the Establishment Clause is federal or state taxpayer standing ever permitted. Less well known is the reduced rigor with which the Court has applied its standing rules when it comes to a plaintiff’s “unwanted exposure” to a religious symbol or other speech attributable to the government... |
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Religious Liberty and the Limits of Government Power - Event Audio/Video |
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The Federalist Society's Religious Liberties Practice Group hosted this panel discussion on Religious Liberty and the Limits of Government Power at the 2009 National Lawyers Convention on Friday, November 13, 2009. Panelists included Prof. Alan E. Brownstein, Boochever and Bird Chair for the Study and Teaching of Freedom and Equality at the University of California, Davis, School of Law; Prof. Ira C. “Chip” Lupu, F. Elwood and Eleanor Davis Professor of Law at The George Washington University Law School; Hon. Michael W. McConnell, Richard and Frances Mallery Professor of Law and Director of the Stanford Constitutional Law Center at Stanford Law School; and Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit as the moderator. |
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