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http://ssrn.com/abstract=1417672
 
 

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Atmospheric Harms in Constitutional Law


Frederick Mark Gedicks


Brigham Young University - J. Reuben Clark Law School

June 10, 2009

Maryland Law Review, Vol 69, p. 149, 2009

Abstract:     
Prepared for the University of Maryland Constitutional Law Workshop, this essay uses Proposition 8 to frame how nontangible or "atmospheric" harms are treated differently by Establishment Clause doctrine than by other areas of constitutional law. The essay concludes that the greater tendency of Establishment Clause doctrine to credit actions based on atmospheric harms suggests that despite the doctrinal normalization of much Religion Clause jurisprudence, religion remains distinct from other constitutionally protected activities.

Number of Pages in PDF File: 13

Keywords: atmospheric harm, constitutional law, Establishment Clause, Free Exercise, Proposition 8, religion

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Date posted: June 17, 2009 ; Last revised: January 7, 2010

Suggested Citation

Gedicks, Frederick Mark, Atmospheric Harms in Constitutional Law (June 10, 2009). Maryland Law Review, Vol 69, p. 149, 2009. Available at SSRN: http://ssrn.com/abstract=1417672

Contact Information

Frederick Mark Gedicks (Contact Author)
Brigham Young University - J. Reuben Clark Law School ( email )
504 JRCB
Provo, UT 84602-8000
United States
801-422-4533 (Phone)
801-422-0391 (Fax)
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