Lemon Lives

18 Pages Posted: 28 Jun 2006  

Daniel O. Conkle

Indiana University Maurer School of Law

Abstract

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.

Keywords: Constitutional Law, Establishment Clause, Religious Liberty

JEL Classification: K00, K10, K19, K30, K39

Suggested Citation

Conkle, Daniel O., Lemon Lives. 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. Available at SSRN: https://ssrn.com/abstract=912530

Daniel O. Conkle (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States
(812) 855-4331 (Phone)
(812) 855-0555 (Fax)

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