[Download] "Coordinating the Exercise and Establishment Clauses: A Narrow Establishment Clause Test for Government Funding of Prisoner Rehabilitation Services by Religious Providers." by Ave Maria Law Review ~ Book PDF Kindle ePub Free

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eBook details

• Title: Coordinating the Exercise and Establishment Clauses: A Narrow Establishment Clause Test for Government Funding of Prisoner Rehabilitation Services by Religious Providers.
• Author : Ave Maria Law Review
• Release Date : January 22, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 336 KB

Description

INTRODUCTION Any time religious organizations interact with government, there looms the potential application of the Establishment Clause. (1) Its invocation becomes a near certainty whenever public funds pass to religious institutions. (2) But this is where the certainty ends, because the Court's Establishment Clause jurisprudence has become mired in a web of confusing and contradictory rules. (3) The Court has been unable to settle on any one test or model, even in cases that present similar facts. (4) As one scholar has noted, "[T]he Supreme Court's Establishment Clause jurisprudence is a mess--both hopelessly confused and deeply contradictory." (5) Because of how the Establishment Clause has been applied, it has often created a dissenter's right, which has served to restrict religious freedom just as a heckler's veto can serve to restrict free speech rights. (6)

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