For next Wednesday's class, take a look at examples 1 and 4 on blog post "Zorach Questions and Hypos" and try to apply the Lemon test to these problems.
Do they have a secular purpose? If their purpose is to protect religious liberty, is that a religious purpose or a secular purpose? Is religious liberty the same thing as religion?
Who is harmed by these efforts to accommodate religious students who are required to attend public school?
Then we will move on to the school prayer cases.
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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