Preface |
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xvii | |
Acknowledgments |
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xxi | |
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1 | (14) |
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The Religion Clauses and Underlying Values: The Case of Sabbath Observances |
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3 | (9) |
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Estate of Thornton v. Caldor, Inc. |
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7 | (5) |
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The Case of Public School Prayers |
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12 | (3) |
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15 | (70) |
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The Theory and Practice of Religious Establishments |
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15 | (14) |
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Constitution of Massachusetts (1780) |
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17 | (1) |
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Barnes v. First Parish in Falmouth |
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18 | (5) |
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23 | (6) |
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Major Influences on the Idea of Religious Liberty |
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29 | (16) |
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John Witte, Jr., The Essential Rights and Liberties of Religion in the American Constitutional Experiment |
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29 | (7) |
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Elisha Williams, The Essential Rights and Liberties of Protestants |
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36 | (2) |
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John Locke, A Letter Concerning Toleration |
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38 | (3) |
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George Washington, Farewell Address |
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41 | (1) |
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George Washington, Letter to the Religious Society Called Quakers |
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42 | (1) |
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Thomas Jefferson, Letter to a Committee of the Danbury Baptist Association |
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42 | (1) |
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Thomas Jefferson, Notes on the State of Virginia |
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43 | (2) |
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The Virginia Assessment Controversy |
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45 | (11) |
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Virginia Declaration of Rights (1776) |
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45 | (2) |
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A Bill Establishing a Provision for Teachers of the Christian Religion |
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47 | (2) |
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James Madison, Memorial and Remonstrance Against Religious Assessments |
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49 | (5) |
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A Bill for Establishing Religious Freedom |
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54 | (2) |
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The Constitutional Provisions |
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56 | (29) |
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Framing the First Amendment |
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56 | (2) |
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Annals of Congress, Aug. 15, 1789 |
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58 | (2) |
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Journal of the First Session of the Senate of the United States of America, Sept. 3, 1789 |
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60 | (1) |
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Senate Journal, Sept. 9, 1789 |
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60 | (1) |
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Annals of Congress, Aug. 17, 1789 |
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61 | (1) |
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Issues Concerning Establishment |
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62 | (3) |
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Issues Concerning Free Exercise |
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65 | (2) |
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Perspectives and Developments in the Early Republic |
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67 | (1) |
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James Madison, Detached Memorandum |
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67 | (4) |
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Incorporation in the Fourteenth Amendment |
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71 | (1) |
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71 | (3) |
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Elk Grove Unified School District v. Newdow |
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74 | (2) |
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School District of Abington Township v. Schempp |
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76 | (3) |
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Robert Nozick, Anarchy, State, and Utopia |
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79 | (2) |
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State of Oregon v. City of Rajneeshpuram |
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81 | (4) |
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Religion in the Regulatory State |
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85 | (254) |
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Free Exercise: Is Accommodation Required? |
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86 | (76) |
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86 | (1) |
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Michael W. McConnell, The Origins and Historical Understanding of Free Exercise of Religion |
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87 | (7) |
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Philip A. Hamburger, A Constitutional Right of Religious Exemption: An Historical Perspective |
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94 | (9) |
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The First Free Exercise Cases |
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103 | (1) |
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103 | (6) |
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Simon's Executors v. Gratz |
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109 | (2) |
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Belief and Conduct: The Mormon Cases |
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111 | (2) |
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Reynolds v. United States |
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113 | (6) |
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119 | (2) |
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The Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States |
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121 | (2) |
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123 | (1) |
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124 | (9) |
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133 | (4) |
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137 | (1) |
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Employment Division v. Smith |
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137 | (9) |
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William P. Marshall, In Defense of Smith and Free Exercise Revisionism |
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146 | (3) |
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Michael W. McConnell, A Response to Professor Marshall |
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149 | (1) |
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Responses After Smith: Federal Religious Freedom Legislation, State Legislation, and State Constitutional Rulings |
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150 | (1) |
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150 | (12) |
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Current Free Exercise Litigation |
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162 | (63) |
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Free Exercise Under Smith: Neutrality and General Applicability |
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162 | (1) |
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Church of the Lukumi Babalu Aye v. City of Hialeah |
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162 | (4) |
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166 | (1) |
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Fraternal Order of Police v. City of Newark |
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167 | (9) |
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Issues Under Heightened Free Exercise Scrutiny |
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176 | (1) |
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176 | (1) |
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176 | (7) |
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Lyng v. Northwest Indian Cemetery Protective Association |
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183 | (9) |
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Sincerity and Consistency |
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192 | (1) |
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193 | (6) |
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Governmental Justifications |
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199 | (1) |
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199 | (1) |
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199 | (3) |
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Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal |
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202 | (10) |
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Paternalistic Justifications |
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212 | (1) |
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Baumgartner v. First Church of Christ, Scientist |
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212 | (5) |
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217 | (8) |
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The Establishment Clause: Is Accommodation Permitted? |
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225 | (57) |
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Introduction: The ``Clash'' Between the Clauses |
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226 | (1) |
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The ``Clash'' and the Lemon v. Kurtzman Test |
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226 | (1) |
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226 | (5) |
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The Historical Understanding |
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231 | (1) |
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Annals of Congress, Aug. 17, 20, 1789 |
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232 | (2) |
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Other General Questions About Accommodation |
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234 | (4) |
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238 | (1) |
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239 | (4) |
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243 | (8) |
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Denominational Neutrality |
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251 | (1) |
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251 | (1) |
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Board of Education, Kiryas Joel Village School District v. Grumet |
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252 | (14) |
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Pervasive Governmental Presence |
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266 | (1) |
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266 | (2) |
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268 | (9) |
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277 | (5) |
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282 | (57) |
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283 | (1) |
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283 | (1) |
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284 | (2) |
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286 | (1) |
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286 | (3) |
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289 | (2) |
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291 | (4) |
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Internal Church Disputes: Principles of Institutional Autonomy |
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295 | (1) |
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296 | (1) |
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296 | (4) |
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300 | (7) |
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Other Principles of Church Autonomy: Clergy Disputes |
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307 | (2) |
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309 | (2) |
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Combs v. Central Texas Annual Conference of the United Methodist Church |
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311 | (12) |
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323 | (1) |
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Nally v. Grace Community Church of the Valley |
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323 | (4) |
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Moses v. Diocese of Colorado |
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327 | (12) |
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339 | (132) |
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Introduction: Government Aid in Modern Times and in the Founding Generation |
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339 | (16) |
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Everson v. Board of Education |
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340 | (12) |
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Board of Education v. Allen |
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352 | (3) |
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The Historical Struggle over Nonpublic Education: Subsidy or Suppression? |
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355 | (17) |
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355 | (1) |
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John C. Jeffries, Jr., and James E. Ryan, A Political History of the Establishment Clause |
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356 | (4) |
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360 | (1) |
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360 | (1) |
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360 | (6) |
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366 | (1) |
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Pierce v. Society of Sisters |
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367 | (1) |
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Brief for the Governor of Oregon in Pierce v. Society of Sisters |
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368 | (4) |
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The Lemon Approach: No Aid to Religious Teaching |
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372 | (26) |
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372 | (1) |
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372 | (9) |
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Committee for Public Education v. Nyquist |
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381 | (7) |
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Lemon Applied: Different Forms of Aid, Different Institutions |
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388 | (1) |
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Forms of Aid to Nonpublic Schools |
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388 | (4) |
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Distinctions Among Institutions |
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392 | (1) |
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392 | (3) |
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395 | (2) |
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Social Service Organizations |
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397 | (1) |
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The New Approach: The Permissibility of ``Neutral'' Aid |
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398 | (37) |
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The Rise of Neutrality: ``Private Choice'' Programs of Aid |
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399 | (1) |
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Witters v. Washington Dept. of Services for the Blind |
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399 | (4) |
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403 | (14) |
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``Direct'' Aid: The First (?) Overrulings |
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417 | (1) |
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417 | (18) |
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State Restrictions on Aid to Religion: Is Neutrality Constitutionally Required? |
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435 | (13) |
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Rosenberger v. Rector and Visitors of Univ. of Virginia |
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435 | (3) |
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438 | (10) |
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Ongoing Controversies over Government Aid |
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448 | (23) |
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``Strings'' on Government Aid |
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448 | (1) |
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Dodge v. The Salvation Army |
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448 | (5) |
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Grove City College v. Bell |
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453 | (3) |
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Bob Jones University v. United States |
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456 | (3) |
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Religious Social Services and the ``Faith-Based Initiative'' Debate: Issues of Government Aid and Religious Autonomy |
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459 | (2) |
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Personal Responsibility and Work Opportunity Reconciliation Act of 1996 |
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461 | (2) |
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Does Aid to Faith-Based Charities Violate the Establishment Clause? |
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463 | (2) |
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Freedom from Religion Foundation v. McCallum |
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465 | (4) |
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Do ``Strings on Aid'' Violate Religious Autonomy? |
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469 | (2) |
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Religion and the Government's Influence on Culture |
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471 | (240) |
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Efforts to Create a Public Culture |
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472 | (122) |
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Compelled Statements of Belief: Test Oaths and Others |
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473 | (1) |
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473 | (4) |
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477 | (2) |
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Board of Education v. Barnette |
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479 | (4) |
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Official Prayers and Religious Exercises in Public Schools: The Modern Decisions |
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483 | (1) |
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484 | (1) |
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484 | (2) |
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Abington School District v. Schempp |
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486 | (10) |
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The Reaffirmation (Extension?) of the School-Prayer Decisions |
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496 | (1) |
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496 | (2) |
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498 | (12) |
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Public Religious Displays |
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510 | (1) |
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Creches (and Other Holiday Symbols) |
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510 | (1) |
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510 | (9) |
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County of Allegheny v. ACLU |
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519 | (5) |
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Ten Commandments Displays, and History Revisited |
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524 | (1) |
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McCreary County v. American Civil Liberties Union |
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524 | (13) |
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537 | (9) |
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School Curriculum Issues: Evolution and Creationism |
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546 | (2) |
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548 | (7) |
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555 | (6) |
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Challenges to the Public School Curriculum |
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561 | (1) |
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Mozert v. Hawkins County Board of Education |
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561 | (13) |
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Alternatives to Public Education |
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574 | (1) |
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Kentucky State Board for Elementary and Secondary Education v. Rudasill |
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575 | (5) |
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580 | (7) |
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587 | (2) |
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589 | (5) |
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Regulation of Private Religious Speech |
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594 | (56) |
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595 | (2) |
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597 | (1) |
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597 | (1) |
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Lovell v. City of Griffin |
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597 | (2) |
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Overbreadth and Vagueness |
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599 | (1) |
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599 | (1) |
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600 | (5) |
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Government as Property Owner: ``Forum'' Law |
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605 | (1) |
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605 | (2) |
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International Society for Krishna Consciousness v. Lee |
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607 | (4) |
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Religious Free Speech: Does Free Exercise Add More Protection? |
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611 | (1) |
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611 | (5) |
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Heffron v. International Society for Krishna Consciousness |
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616 | (6) |
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Religious Speech in Public Forums: Does the Establishment Clause Require Greater Restrictions? |
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622 | (1) |
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622 | (6) |
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Capitol Square Review & Advisory Board v. Pinette |
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628 | (6) |
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Religious Speech in Public Schools |
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634 | (1) |
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Board of Education v. Mergens |
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634 | (7) |
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Good News Club v. Milford Central School |
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641 | (9) |
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The Line Between Government Speech and Private Speech |
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650 | (15) |
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Santa Fe Independent School District v. Doe |
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651 | (10) |
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Guidelines on Religious Exercise and Religious Expression in the Federal Workplace |
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661 | (4) |
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665 | (46) |
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Religious Voices in Politics: Case Law |
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665 | (1) |
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665 | (1) |
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666 | (2) |
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668 | (1) |
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668 | (1) |
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Webster v. Reproductive Health Services |
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669 | (2) |
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671 | (1) |
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672 | (1) |
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672 | (1) |
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673 | (4) |
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Religious Voices in Politics: Commentary |
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677 | (1) |
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Robert Audi, The Place of Religious Argument in a Free and Democratic Society |
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677 | (3) |
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Michael W. McConnell, Five Reasons to Reject the Claim that Religious Arguments Should Be Excluded from Democratic Deliberation |
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680 | (6) |
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Religion and Judicial Decision Making |
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686 | (1) |
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686 | (8) |
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Institutional Participation in Policy Making |
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694 | (1) |
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Branch Ministries v. Rossotti |
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695 | (9) |
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704 | (7) |
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711 | (32) |
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712 | (13) |
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712 | (7) |
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719 | (6) |
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Defining Religion in Other Contexts |
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725 | (18) |
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Smith v. Board of School Commissioners |
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725 | (5) |
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730 | (13) |
Table of Cases |
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743 | (4) |
Table of Statutes |
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747 | (4) |
Table of Authorities |
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751 | (10) |
Index |
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761 | |