The Religion Clauses After Kennedy v. Bremerton School District

被引:0
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作者
Barclay, Stephanie H. [1 ]
机构
[1] Notre Dame Law Sch, Notre Dame, IN 46556 USA
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中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The Supreme Court's recent decision in Kennedy v. Bremerton School District marks an important point in the Court's doctrine regarding the First Amendment's Religion Clauses. Kennedy's most noteworthy contribution to the law may have been its clear declaration that the Lemon test and its endorsement offshoots are no longer the governing legal standard. Instead, the Court will interpret the Establishment Clause "by 'reference to historical practices and understandings.'" But what, precisely, does this historical approach entail? And aside from that test, what does Kennedy have to say about doctrinal developments under the Free Exercise Clause?
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页码:2097 / 2113
页数:17
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