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The Positive Reality and Normative Virtues of a 'Neutral' Establishment Clause

Arnold H. Loewy

Texas Tech University School of Law

November 2002

Brandeis Law Journal, 2003

This essay focuses on the appropriate methodology for analyzing establishment clause cases. After concluding that the Court has variously employed "separation," "neutrality," and "accommodation" in its analysis, the essay evaluates the benefits and detriments of each. Focusing on both Deific recognition (e.g. school prayer) and public financing of Parochial education, the essay concludes that the Court is moving towards "neutrality" as the preferred standard. The essay concludes that this is a desirable trend that ought to be accelerated.

Number of Pages in PDF File: 15

Keywords: Establishment clause, religion, neutrality

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Date posted: November 12, 2002  

Suggested Citation

Loewy, Arnold H., The Positive Reality and Normative Virtues of a 'Neutral' Establishment Clause (November 2002). Brandeis Law Journal, 2003. Available at SSRN: http://ssrn.com/abstract=348523 or http://dx.doi.org/10.2139/ssrn.348523

Contact Information

Arnold H. Loewy (Contact Author)
Texas Tech University School of Law ( email )
1802 Hartford
Lubbock, TX 79409
United States
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