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

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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
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Product Details

  • ISBN-13: 9780890896600
  • Publisher: Carolina Academic Press
  • Publication date: 1/28/2002
  • Series: Carolina Academic Press Law Casebook Series
  • Edition description: 2002
  • Edition number: 2
  • Pages: 1061
  • Product dimensions: 7.30 (w) x 10.10 (h) x 2.30 (d)

Table of Contents

Table of Cases
Table of Statutes
Ch. 1 Introduction 3
A The Role of Characterization and "Levels of Generality" in Constitutional Interpretation 3
B The Problem of Religious Liberty: The "Role" of Religion and the Democratic Experiment 20
Ch. 2 History of the Religion Clauses 47
A Background to the Passage of the First Amendment: A Short Study of Religious Liberty in the Colonies 47
B Framing and Debating the Constitution 75
C The Adoption of the First Amendment 80
D Jefferson's Letter to the Danbury Baptist Association 93
E On History and the First Amendment 97
Ch. 3 Law, Religion and Culture in Antebellum America 101
A Oaths 101
B Legal Privileges Accorded Catholics and Jews 106
C Blasphemy 113
D Sunday Laws 124
E Churches and the Holding of Property 131
F Joseph Story, The Antebellum Supreme Court And Religion 142
Ch. 4 Religious Liberty, Pluralism and Government Action 149
A Introduction 149
B Religious Education and the "Schools" Question Period to 1920 150
C Protestantism and Minority Religions 175
D The Collapse of the de Facto Establishment 196
Ch. 5 The Contours of the Religious Freedom Guarantee 201
A Introduction 201
B The Legal Framework 201
C The Constitutional Framework 208
D The Religious Liberty Guarantee in the Supreme Court of the United States: The Concept of "Free Exercise" 208
E Laws "Respecting an Establishment of Religion" 251
F The Religious Liberty Guarantee and the Ban on Religious Tests 344
G Freedom of Religious Speech & Press 345
H Religious Freedom and Peaceable Assembly 357
I Religious Freedom and the Right to Petition for a Redress of Grievances 365
J Equal Protection & the Religious Liberty Guarantee 374
K Separation of Powers & Federalism: The Structural Components of the Religious Liberty Guarantee 385
Ch. 6 Religion in the Classroom 397
A Introduction 397
B The Relationship of Religion to Public and Private Education 405
C Questions of Control 417
D "Opting-In" vs. "Opting Out:" The Substantive Implications of Meyer, Pierce and Yoder 434
E Dual Enrollment Programs 478
F Financing Educational Options 495
Ch. 7 The Structure, Management & Property of Churches and Religious Organizations 541
A Introduction 541
B Organizational Types 542
C Resolving Disputes within and among Religious Groups 549
D Zoning and Historic Preservation as Limits on Religious Freedom 586
E Bankruptcy, Receivership & Other Forms of Fiscal or Organizational Oversight 608
F Operational Oversight by the Attorney General 612
G The "Public Policy" Requirement 625
Ch. 8 Religion in the Workplace 627
A Introduction 627
B The Law of Workplace Relationships 627
C Terminology 628
D An Overview of Statutory and Constitutional Rules Prohibiting Religious Discrimination in Employment 629
E The Religious Workplace 646
F The Secular Workplace 676
G The Government Workplace 707
Ch. 9 The Taxation of Churches, Charities & Their Affiliates 715
A Introduction 715
B Definitions & Terminology 717
C Does the State Have the Power to Tax the Church? 720
D Federal and State Tax Policy Affecting Churches, Charities and Religious Organizations: An Overview 739
E Does 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 Applicability 765
Ch. 10 The Secular State, Civil Society and Religious Morality 791
A Political Participation by Religious Adherents 792
B Evolution Redux 813
C Anti-Discrimination Laws and Religious convictions 824
D Religious Liberty in the Military 853
Ch. 11 Autonomy, Religious Practice and Governmental Regulation 861
A The Right of Ideological Nonassociation 861
B Individual Autonomy Expressed in Religious Practices 869
C Religious Practices, The Family and the State as Parent 880
D Religion as an Affirmative Defense to Governmental Regulation 899
Ch. 12 Religion in the Courtroom 927
A Introduction 927
B Juries and Religion 932
C Judging by Religious Faith 946
D References to Religion by Lawyers 952
E Lawyers and Religious Garb 959
F Confidential Communications to Clergy 965
G Issues of Religion in Criminal Prosecutions 978
Ch. 13 Defining Religion 985
A Introduction 985
B Selective Service and Religious Conscientious Objection 1000
C Defining Religion After Seeger and Welsh 1020
The Constitution of the United States 1033
The United Nations Universal Declaration of Human Rights 1049
Index 1051
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