Religion and American Law [PDF]

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Religion and American Law - An Encyclopedia - Paul Finkelman - Book PDF Download

PDF Title : Religion and American Law
Total Page : 881 Pages
Author: Paul Finkelman
PDF Size : 4.3 MB
Language : English
Source : indianpdf
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Religion and American Law

Significantly, Justice White wrote a concurring opinion that Justice Rehnquist joined. White concurred only in the judgment; he agreed that the program had a secular purpose and effect.

However, White refused to apply an entanglement test, because he believed that the Establishment Clause did not mandate such a test. The analysis of Justice White was significant for its renunciation of Lemon’s third prong, and his continuing attack on the test revealed the fragile status of the 5-to-4 Lemon opinion as precedent.

Since Roemer, the Court has moved away from the Lemon test to a focus on the issues of endorsement and coercion as the central factors of contemporary Establishment Clause jurisprudence.

Religion and American Law PDF

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