Topic
Establishment Clause
217 published works
Constitutional Law Prof Blog
District Judge Finds Establishment Clause Violation for Trafficking Funding to Catholic Bishops
By ConLawProf initials at end of post
The opinion in ACLU of Mass. v. Sebelius, by District Judge Richard Stearns of the District of Massachusetts grants summary judgment on behalf of the ACLU in the controversial Catholic…
Labor Law Prof Blog
Zelinsky on the Individual Mandate, the Parsonage Allowance, and the Religious Exemptions for FICA and Social Security
That's a mouthful of a headline. Anyway, Ed Zelinsky (Cardozo) has just posted on SSRN his article Do Religious Tax Exemptions Entangle in Violation of the Establishment Clause? The Constitutionality…
Constitutional Law Prof Blog
Tenth Circuit Enjoins Oklahoma’s Anti-Sharia Amendment
By ConLawProf initials at end of post
A three-judge panel of the Tenth Circuit today issued a preliminary injunction halting Oklahoma's effort to amend its constitution to include an anti-Sharia provision. The court ruled in Awad v.…
New Jersey Law Blog
The Difference Between Civil Unions and Domestic Partnerships in New Jersey
Before the enactment of civil unions in New Jersey, the only option available to same sex couples was a domestic partnership, which provided limited benefits. Following the enactment of civil…
Constitutional Law Prof Blog
No Rehearing for Mt. Soledad Cross Case
By ConLawProf initials at end of post
The Ninth Circuit on Friday denied a petition for rehearing and for rehearing en banc of unanimous ruling by a three-judge panel on January 4, 2011, in Jewish War Veterans v.…
Constitutional Law Prof Blog
Ninth Circuit: Teacher Has No Right to Display God Banners
By ConLawProf initials at end of post
A unanimous three-judge panel of the Ninth Circuit ruled yesterday in Johnson v. Poway Unified School District that the District did not violate a teacher's First Amendment rights when officials…
Land Use Prof Blog
City of South Bend Enjoined by U.S. District Court from Transferring Land to Catholic HS
The South Bend Tribune reports that U.S. District Judge Robert Miller (NDIN) has granted a preliminary injunction sought by four local residents represented by the ACLU of Indiana. The plaintiffs…
Constitutional Law Prof Blog
Serfs, Jesus, and the Establishment Clause in Advanced Placement History Class
By ConLawProf initials at end of post
The scene is an advanced history class in an Orange County school, in one of the tonier school districts in the United States, in which Dr. James Corbett has been…
The Faculty Lounge
Roadside Crosses and the Establishment Clause
As I mentioned, I am teaching a Supreme Court seminar this Fall. For one assignment, students write a cert pool memo on a pending petition, and then conference in groups…
Constitutional Law Prof Blog
Third Circuit Finds School Board Prayer Violates Establishment Clause
By ConLawProf initials at end of post
Public school prayer violates the Establishment Clause of the First Amendment, at least since 1962's Engel v. Vitale, 370 U.S. 421 (1962), but legislative prayer that is sufficiently non-sectarian does…