This book focuses on Law and Religion. The book covers three general topics: 1) Church/State Law (issues relating to the First Amendment to the United States Constitution); 2) Religious Law (the role and substance of law in various religious traditions); and 3) comparative Law and Religion (the law relating to religious freedom in other countries). Most books in this field have little or no material on the latter two topics. The bulk of this book is devoted to First Amendment Law, the book also provides an overview of Jewish Law (Halakha), Islamic Law (Shari’ah), Buddhist conceptions of law, Catholic Canon Law, Protestant conceptions of law, and Hindu law as well as background on comparative Law and Religion. The discussion of First Amendment law integrates cases, narrative, and excerpts from leading articles and books to provide an in-depth understanding of the Religion Clauses of the United States Constitution.
This book includes a brief narrative discussion of each topic included, followed by the relevant cases and articles, and then notes and questions. The goal of the narrative is to provide students with context (the forest) so that they can grapple with the many complex issues that are raised in the cases and articles (the trees). The sections on religious law and comparative law will follow a similar format.
The almost final table of contents follows. The book will be available in 2015 for Summer and Fall Terms. We are happy to discuss the book.
SUMMARY OF CONTENTS
TABLE OF CASESPART 1. RELIGION IN THE U.S. LEGAL SYSTEM
A.... The Religion Clauses: An Overview
B.... Organization of this Section
Chapter 1. The Early Development of Establishment Clause Doctrine.
A.... Everson and the “High and Impregnable Wall” (with a gate for buses)
B.... Early Attempts to Apply the Principle of Separation: McCollum and Zorach
C.... Other Early “Aid” Cases: Walz and Allen.
D.... Reenforcing the Wall? The Early School Prayer Cases.
E.... The Lemon Test and the Endorsement Test
F.... What Can History Tell Us About the Establishment Clause?
Chapter 2. Public Religious Exercises
A.... Organized “Religious” Exercises in the Public Schools
B.... Creationism, Intelligent Design, Evolution and the Public Schools
C.... Ceremonial Deism
D.... Legislative Prayer
Chapter 3. Public Displays, Public Forums, and Equal Access
B.... Religious Symbolism and Public Displays
C.... Government Religious Speech on Public Property
D.... Privately Sponsored Displays on Government Property.
E.... Transfer or Sale of Government Property Containing a Religious Display to Private Owners
F.... Access to Government Facilities and Programs
Chapter 4. Government Aid to Religion or Religious Institutions
B.... The Lemon Test: From Lemon to Agostini
C.... The Move to Formal Neutrality
D.... Must Government Fund Religious Pursuits if it Creates a General Funding Program?
Chapter 5. Perspectives on the Establishment Clause
B.... Separation, Accommodation, and Neutrality
C.... Other Views of the Establishment Clause
Chapter 6. The Free Exercise Clause
A.... What is Religion?
B.... Free Exercise Clause Exemptions: The Early Cases—From Reynolds to Braunfeld
C.... Free Exercise Clause Exemptions and the Compelling Interest Test
D.... The Retreat from the Compelling Interest Test
E.... Laws of General Applicability and the Retreat from the Compelling Interest Test
F.... Intentional Discrimination and Free Exercise Rights
G.... The Legislative Response to Smith
Chapter 7. Perspectives on the Free Exercise Clause
A.... Introduction. 727
B.... The Meaning of the Free Exercise Clause. 727
Chapter 8. Religious Institutions & Autonomy; Clergy Abuse; Standing
B.... Religious Institutions and Property Disputes.
C.... Church Schisms
D.... A Note About Subject Matter Jurisdiction in Church Property Dispute and Schism Cases
E.... Church Liability in Clergy Abuse Cases
F.... The Ministerial Exception
G.... Standing in Cases Under the Religion Clauses
H.... A Note About Mootness and Ripeness in Religion Clause CasesPART 2. RELIGIOUS LAW
Chapter 9. The Role of Law in Religious Traditions
B.... Jewish Law: Halakha
C.... Islamic Law: Shari’ah
D.... Buddhist Law
E.... Hindu Law and Dharma
F.... Christian Law
Chapter 10. The Interplay of Law and Religion Beyond the United States
B.... The Regulation of Religiously Motivated Head and Face Coverings—A Comparative Case Study
C.... Other National Approaches to the Relationship Between Law and Religion
D.... The Emerging International Framework in Law and Religion
E.... Regional Human Rights Conventions in Law and Religion