Religious Liberty, Volume 5
The Free Speech and Establishment Clauses
Published on 18. December 2018
916 pages
978-1-4674-5137-6 (ISBN)
Description
One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious-liberty cases in the United States Supreme Court. His noteworthy scholarly and popular writings are being collected in five comprehensive volumes under the title Religious Liberty.In this final volume Laycock documents the use of the Constitution's Free Speech Clause and Establishment Clause in legal briefs, scholarly and popular articles, House testimonies, and written debates. These two clauses have been vitally important in religious-liberty cases concerning religious speech in schools, politics, and the workplace, government funding of religious schools and social services, and the meaning of separation of church and state.
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12/2018
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Content
- Intro
- Title Page
- Copyright
- Dedication
- Contents
- Preface to Volume 5
- Introduction: The Free Speech and Establishment Clauses
- Part One: Freedom of Religious Speech
- A. Religious Speech in Public Schools and Universities
- Equal Access and Moments of Silence: The Equal Status of Religious Speech by Private Speakers
- 81 Northwestern University Law Review 1 (1986)
- Amicus Brief in Board of Education v. Mergens
- 496 U.S. 226 (1990)
- The Students Won! The Supreme Court Enforces Equal Access Act
- Christian Legal Society Quarterly 147 (Summer 1990)
- Amicus Brief in Rosenberger v. Rector and Visitors of University of Virginia
- 515 U.S. 819 (1995)
- Amicus Brief in Good News Club v. The Milford Central School
- 533 U.S. 98 (2001)
- Amicus Brief in Morse v. Frederick
- 551 U.S. 393 (2007)
- High-Value Speech and the Basic Educational Mission of a Public School: Some Preliminary Thoughts
- 12 Lewis and Clark Law Review 111 (2008)
- Amicus Brief in Christian Legal Society v. Martinez
- 561 U.S. 661 (2010)
- Letter to Vanderbilt University (Dec. 2, 2011)
- B. Religious Speech in the Political Process
- Freedom of Speech That Is Both Religious and Political
- 29 University of California Davis Law Review 793 (1996)
- Amicus Brief in People v. Pinkney
- 2009 WL 2032030 (Mich. App. 2009)
- Don't Repeal the Johnson Amendment, Fix It: Free Speech in the Pulpit
- The Christian Century 10 (March 15, 2017)
- C. Religious Speech in the Workplace
- Senate Testimony on EEOC Guidelines on Religious Harassment
- in The Effect of the EEOC's Proposed Guidelines on Religion in the Workplace: Hearing Before the Senate Subcommittee on Courts and Administrative Practice 37 (June 9, 1994)
- Religious Harassment or Free Speech? Few Answers from EEOC
- Chicago Tribune (June 17, 1994)
- Religion in the Workplace
- 4 Employee Rights & Employment Policy Journal 87 (2000)
- Part Two: The Establishment Clause
- A. Religious Speech with Government Sponsorship
- 1. Prayers, Ceremonies, and Religious Instruction
- Edward Schempp and His Family
- 38 Journal of Supreme Court History 63 (2013)
- Amicus Brief in Lee v. Weisman
- 505 U.S. 577 (1992)
- Senate Testimony on Religious Equality Amendments
- Religious Liberty: Hearings Before the Senate Committee on the Judiciary 66 (Oct. 20, 1995)
- Amicus Brief in Adler v. Duval County School Board
- 206 F.3d 1070 (11th Cir. 2000)
- Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000)
- Brief for Respondents
- Supplemental Brief for Respondents
- Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004)
- Motion for Leave to File Amicus Brief
- Amicus Brief
- Under God? Pledge of Allegiance Constitutionality
- http://www.pewforum.org/2004/03/19/under-god-pledge-of-allegiance-constitutionality/ (March 19, 2004)
- Is Teaching Intelligent Design Illegal? A Debate
- Legal Affairs, http://legalaffairs.org/webexclusive/debateclub_id0905.msp (Sept. 26-29, 2005)
- Voting with Your Feet Is No Substitute for Constitutional Rights
- 32 Harvard Journal of Law and Public Policy 29 (2009)
- Town of Greece v. Galloway, 134 S. Ct. 1811 (2014)
- Brief of Respondents
- Oral Argument
- 2. Passive Displays
- Amicus Brief in Van Orden v. Perry
- 545 U.S. 677 (2005)
- Amicus Brief in McCreary County v. American Civil Liberties Union
- 545 U.S. 844 (2005)
- A Monumental Decision: High Court Considers Constitutionality of Ten Commandments Displays on Public Property
- http://www.pewforum.org/2005/02/24/a-monumental-decision-high-court-considers-constitutionality-of-ten-commandments-displays-on-public-property/ (Feb. 24, 2005)
- How to Be Religiously Neutral
- 28 Legal Times, No. 27 (July 4, 2005)
- Amicus Brief in Salazar v. Buono
- 559 U.S. 700 (2010)
- Government-Sponsored Religious Displays: Transparent Rationalizations and Expedient Post-Modernism
- 61 Case Western Reserve Law Review 1211 (2011)
- B. Government Funding of Religious Institutions
- 1. Charitable Choice, or the Faith-Based Initiative
- Debate 2: Should the Government Provide Financial Support for Religious Institutions That Offer Faith-Based Social Services?
- 1 Rutgers Journal of Law and Religion 5 (1999)
- Senate Testimony on Charitable Choice
- Faith Based Solutions: What Are the Legal Issues? Hearing Before the Senate Committee on the Judiciary (June 6, 2001)
- 2001 House Testimony on Charitable Choice
- The Constitutional Role of Faith-Based Organizations in Competitions for Federal Social Service Funds: Hearing Before the House Subcommittee on the Constitution (June 7, 2001)
- 2010 House Testimony on Charitable Choice
- Faith-Based Initiatives: Recommendations of the President's Advisory Council on Faith-Based and Community Partnerships and Other Current Issues: Hearing Before the Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the House Committee on the Judiciary (Nov. 18, 2010)
- 2. Funding for Religious Education
- Joint Statement of Church-State Scholars on School Vouchers and the Constitution: What the United States Supreme Court Has Settled, What Remains Disputed
- Pew Forum on Religion & Public Life (2002)
- House Testimony on Supreme Court's School Choice Decision
- in The Supreme Court's School Choice Decision and Congress' Authority to Enact Choice Programs: Hearing Before the House Subcommittee on the Constitution 5 (Sept. 17, 2002)
- The Mistakes in Locke v. Davey and the Future of State Payments for Services Provided by Religious Institutions
- 40 Tulsa Law Review 227 (2004)
- Why the Supreme Court Changed Its Mind about Government Aid to Religious Institutions: It's a Lot More Than Just Republican Appointments
- 2008 Brigham Young University Law Review 275
- 3. Funding for the Church Itself
- Letter to Chris Smith and Grace Meng re Disaster Relief for Churches (February 12, 2013) Churches, Playgrounds, Government Dollars-and Schools?
- 131 Harvard Law Review 133 (2017)
- C. The Establishment Clause Attack on Exemptions
- Amicus Brief in Board of Education of the Kiryas Joel Village School District v. Grumet
- 512 U.S. 687 (1994)
- The Church-State Game: A Symposium on Kiryas Joel
- First Things 36 (Nov. 1994)
- Amicus Brief in Cutter v. Wilkinson
- 544 U.S. 709 (2005)
- Letter to Senator Mark Kolterman (March 15, 2016)
- Letter to Oklahoma Legislators (April 12, 2018)
- Letter to Governor Mary Fallin (May 10, 2018)
- D. The Many Meanings of Separation of Church and State
- The Underlying Unity of Separation and Neutrality
- 46 Emory Law Journal 43 (1997)
- The Many Meanings of Separation: Reviewing Philip Hamburger, Separation of Church and State (2002)
- 70 University of Chicago Law Review 1667 (2003)
- Secularization in the U.S.: Overblown or Underestimated?
- Sightings, https://divinity.uchicago.edu/sightings/secularization-us-overblown-or-underestimated (Nov. 5, 2015)
- Book Review: Reviewing Thomas E. Buckley's Establishing Religious Freedom: Jefferson's Statute in Virginia
- 77 Theological Studies 743 (2016)
