Topic
Establishment Clause
217 published works
The Right Coast
Crosses OK Tom Smith
One year for reasons I don't remember, I taught a class on the religion clauses of the First Amendment. Larry Alexander lent me his materials and I made the students…
EvidenceProf Blog
Go %$#! Yourself, San Diego: Court Finds “Relevant” Means Different Things Under FRCP, FRE in Mt. Soledad (Easter) Cross Case
By Colin Miller
The current Mt. Soledad cross in San Diego was constructed by the Mt. Soledad Memorial Association and was dedicated to the veterans of World Wars I and II and the…
Nonprofit Law Prof Blog
9th Cir. Case – Establishment of Religion?
In 1993 the Church of Scientology and the IRS settled longstanding disputes over a variety of tax issues. The Church paid the IRS $12.5 million and the IRS agreed to…
inversecondemnation.com
▪ Ninth Circuit: Land Swap of Cross on Federal Land Violates Establishment Clause Injunction
The Ninth Circuit panel summarizes its decision:A Latin cross sits atop a prominent rock outcropping known as “Sunrise Rock” in the Mojave National Preserve (“Preserve”). Our court previously held that…
PropertyProf Blog
Using Eminent Domain to Take A Cross
By propertyprof
Today's New York Times has an article on a taking that raises interesting establishment clause issues. President Bush signed a law that will have the federal government use eminent domain…
PropertyProf Blog
Petition for Appeal in Takings/Establishment Clause Case
By propertyprof
In early February, I posted on an interesting Pennsylvania case involving the constitutionality of taking blighted property to give to a religious institution. Pennsylvania's intermediate appellate court held that the…
PropertyProf Blog
Taking Blighted Property To Give To A Religious Institution
By propertyprof
The Pennsylvania Commonwealth Court (an intermediate appellate court) decided an interesting takings case yesterday. As described by the court, the core issue was "whether the Redevelopment Authority of the City…