Daniel O. Conkle
Indiana University Maurer School of Law
Case Western Reserve Law Review, Symposium on Religion and the Public Schools After Lee v. Weisman, Vol. 43, pp. 865-82, 1993
Indiana Legal Studies Research Paper
This article responds to an article by Professor Michael Stokes Paulsen, entitled "Lemon Is Dead," in which Paulsen interprets the Supreme Court's decision in Lee v. Weisman to repudiate the Establishment Clause test of Lemon v. Kurtzman and to replace it with a test that limits the Clause to cases involving direct or indirect coercion. The article disputes Paulsen's interpretation of Weisman, and it also disputes his normative argument in support of the coercion approach. It contends that Lemon survives Weisman, and that Lemon's multi-faceted and context-specific approach, however vague, is preferable to a test that focuses exclusively on the problem of coercion.
Number of Pages in PDF File: 18
Keywords: Constitutional Law, Establishment Clause, Religious Liberty
JEL Classification: K00, K10, K19, K30, K39Accepted Paper Series
Date posted: June 28, 2006
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