Footnotes (57)



Excluding Religion: A Reply

Nelson Tebbe

Brooklyn Law School; Cornell Law School

University of Pennsylvania Law Review, PENNumbra, Vol. 157, p. 283, 2009
Brooklyn Law School, Legal Studies Paper No. 147

This short piece replies to three prominent scholars who have offered thoughtful responses to my article, Excluding Religion. It first takes up their invitation to explore some of the ramifications of the article for legal and political theory, albeit in a limited way. Second, it revisits the article’s central argument - namely, that governments ought to have greater constitutional leeway to deny aid to religious actors and entities than is commonly thought - and shows how that proposal emerges from the conversation intact. Third, the reply defends certain limits on the practice of excluding religion, particularly the presumptive prohibition on singling out particular sects. In conclusion, the piece describes some aspirations that may legitimately motivate scholarship in this area.

Number of Pages in PDF File: 15

Keywords: excluding religion, religious freedom, religion clauses, free exercise, free speech, first amendment

Open PDF in Browser Download This Paper

Date posted: May 7, 2009 ; Last revised: June 4, 2009

Suggested Citation

Tebbe, Nelson, Excluding Religion: A Reply. University of Pennsylvania Law Review, PENNumbra, Vol. 157, p. 283, 2009; Brooklyn Law School, Legal Studies Paper No. 147. Available at SSRN: https://ssrn.com/abstract=1400732

Contact Information

Nelson Tebbe (Contact Author)
Brooklyn Law School ( email )
250 Joralemon Street
Brooklyn, NY 11201
United States
718.780.7960 (Phone)

Cornell Law School ( email )

Feedback to SSRN

Paper statistics
Abstract Views: 561
Downloads: 64
Download Rank: 277,456
Footnotes:  57