Religious Liberty in a Pluralistic Society (Carolina Academic Press Law Casebook Series) / Edition 2

Religious Liberty in a Pluralistic Society (Carolina Academic Press Law Casebook Series) / Edition 2

by Michael S. Ariens, Robert A. Destro
     
 

Designed for use in courses on Church-State Relations, Law and Religion, of First Amendment Law, this immense book focuses on the subject of religious liberty, with attention to its role in constitutional theory, American history, jurisprudence, and the court's weighing of other social interests. Annotation (c)2003 Book News, Inc., Portland, OR See more details below

Overview

Designed for use in courses on Church-State Relations, Law and Religion, of First Amendment Law, this immense book focuses on the subject of religious liberty, with attention to its role in constitutional theory, American history, jurisprudence, and the court's weighing of other social interests. Annotation (c)2003 Book News, Inc., Portland, OR

Product Details

ISBN-13:
9780890896600
Publisher:
Carolina Academic Press
Publication date:
01/28/2002
Series:
Carolina Academic Press Law Casebook Series
Edition description:
2002
Pages:
1061
Product dimensions:
7.30(w) x 10.10(h) x 2.30(d)

Table of Contents

Table of Cases
Table of Statutes
Preface
Ch. 1Introduction3
AThe Role of Characterization and "Levels of Generality" in Constitutional Interpretation3
BThe Problem of Religious Liberty: The "Role" of Religion and the Democratic Experiment20
Ch. 2History of the Religion Clauses47
ABackground to the Passage of the First Amendment: A Short Study of Religious Liberty in the Colonies47
BFraming and Debating the Constitution75
CThe Adoption of the First Amendment80
DJefferson's Letter to the Danbury Baptist Association93
EOn History and the First Amendment97
Ch. 3Law, Religion and Culture in Antebellum America101
AOaths101
BLegal Privileges Accorded Catholics and Jews106
CBlasphemy113
DSunday Laws124
EChurches and the Holding of Property131
FJoseph Story, The Antebellum Supreme Court And Religion142
Ch. 4Religious Liberty, Pluralism and Government Action149
AIntroduction149
BReligious Education and the "Schools" Question Period to 1920150
CProtestantism and Minority Religions175
DThe Collapse of the de Facto Establishment196
Ch. 5The Contours of the Religious Freedom Guarantee201
AIntroduction201
BThe Legal Framework201
CThe Constitutional Framework208
DThe Religious Liberty Guarantee in the Supreme Court of the United States: The Concept of "Free Exercise"208
ELaws "Respecting an Establishment of Religion"251
FThe Religious Liberty Guarantee and the Ban on Religious Tests344
GFreedom of Religious Speech & Press345
HReligious Freedom and Peaceable Assembly357
IReligious Freedom and the Right to Petition for a Redress of Grievances365
JEqual Protection & the Religious Liberty Guarantee374
KSeparation of Powers & Federalism: The Structural Components of the Religious Liberty Guarantee385
Ch. 6Religion in the Classroom397
AIntroduction397
BThe Relationship of Religion to Public and Private Education405
CQuestions of Control417
D"Opting-In" vs. "Opting Out:" The Substantive Implications of Meyer, Pierce and Yoder434
EDual Enrollment Programs478
FFinancing Educational Options495
Ch. 7The Structure, Management & Property of Churches and Religious Organizations541
AIntroduction541
BOrganizational Types542
CResolving Disputes within and among Religious Groups549
DZoning and Historic Preservation as Limits on Religious Freedom586
EBankruptcy, Receivership & Other Forms of Fiscal or Organizational Oversight608
FOperational Oversight by the Attorney General612
GThe "Public Policy" Requirement625
Ch. 8Religion in the Workplace627
AIntroduction627
BThe Law of Workplace Relationships627
CTerminology628
DAn Overview of Statutory and Constitutional Rules Prohibiting Religious Discrimination in Employment629
EThe Religious Workplace646
FThe Secular Workplace676
GThe Government Workplace707
Ch. 9The Taxation of Churches, Charities & Their Affiliates715
AIntroduction715
BDefinitions & Terminology717
CDoes the State Have the Power to Tax the Church?720
DFederal and State Tax Policy Affecting Churches, Charities and Religious Organizations: An Overview739
EDoes the First Amendment Require the Exercise of the Taxing Power?: Constitutional Limits on the Power of Legislatures to Exempt Churches and Religious Institutions from Taxes of General Applicability765
Ch. 10The Secular State, Civil Society and Religious Morality791
APolitical Participation by Religious Adherents792
BEvolution Redux813
CAnti-Discrimination Laws and Religious convictions824
DReligious Liberty in the Military853
Ch. 11Autonomy, Religious Practice and Governmental Regulation861
AThe Right of Ideological Nonassociation861
BIndividual Autonomy Expressed in Religious Practices869
CReligious Practices, The Family and the State as Parent880
DReligion as an Affirmative Defense to Governmental Regulation899
Ch. 12Religion in the Courtroom927
AIntroduction927
BJuries and Religion932
CJudging by Religious Faith946
DReferences to Religion by Lawyers952
ELawyers and Religious Garb959
FConfidential Communications to Clergy965
GIssues of Religion in Criminal Prosecutions978
Ch. 13Defining Religion985
AIntroduction985
BSelective Service and Religious Conscientious Objection1000
CDefining Religion After Seeger and Welsh1020
The Constitution of the United States1033
The United Nations Universal Declaration of Human Rights1049
Index1051

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