Topic
Establishment Clause
217 published works
Religion Clause
Bagua Mirror on City Property Did Not Violate Establishment Clause
In Ngo v. City of Westminster, (CD CA, Nov. 26, 2025), a California federal district court held that display of a Bagua Mirror on city property did not violate the Establishment…
Inverse Condemnation
Restriction In Gov't-Granted Deed Limiting Uses To "Church purposes" Can't Be Enforced
By noemailnoemail-org-robert-thomas-inversecondemn
Here's a case that isn't about takings and our usual fare, but is nonetheless an example of how dirt law can be fascinating. In Hilo Bay Marina, LLC v. State…
Religion Clause
Hawaii Supreme Court Interprets State Constitution’s Establishment Clause
In Hilo Bay Marina, LLC v. State of Hawai'i, (HI Sup. Ct., Sept. 12, 2025), the Hawaii Supreme Court held that the Hawaii state constitution's Establishment Clause invalidates a provision…
Legal Theory Blog
Showalter on the Establishment Clause
Michael Showalter has posted Establishment Clause Legislative History Is Not the Law: The Misguided Search for Original Subjective Intent (Federalist Society Review, forthcoming) on SSRN. Here is the abstract: The…
Legal Theory Blog
Koppelman & Judah on the Establishment Clause Hallmarks Test
Andrew Koppelman (Northwestern University School of Law) & Michael Judah have posted The New Establishment Clause Hallmarks Test: Sources and Distortions on SSRN. Here is the abstract: In the recent…
Religion Clause
Suit Challenges Exclusion of Religious Training from Virginia Tuition Grant Programs
Suit was filed last week in a Viginia federal district court challenging the exclusion from Virginia's Tuition Assistance Grant Program and its National Guard Grants of educational programs that provide…
Religion Clause
3rd Circuit: Class Videos on Islam Did Not Violate Establishment Clause
In Hilsenrath v. School District. of the Chathams, (3rd Cir., May 5, 2025), the U.S. 3rd Circuit Court of Appeals held that videos about Islam shown in a 7th grade World…
inversecondemnation.com
Today Is Hawaii’s Secular Good Friday Holiday (Go Shopping!) – What’s Up With That?
Even if the world were open today, the doors to most Hawaii state, county, and city offices would still be locked. Because Friday, April 18, 2025 is the day that…
Nonprofit Law Prof Blog
Saulnier, Note, A Higher Power in Higher Education: An Exploration of Endowment Taxes, the Establishment Clause, and College Affordability
Emily Saulnier (Boston College J.D. candidate) has published A Higher Power in Higher Education: An Exploration of Endowment Taxes, the Establishment Clause, and College Affordability in the Boston College Law…
Religion Clause
Justice Department in Policy Change Files Amicus Brief Supporting Religious Charter School
As previously reported, the U.S. Supreme Court has granted certiorari in Oklahoma Virtual Charter School Board v. Drummond and the related case of St. Isidore of Seville Virtual Charter School…