Religion and the Constitution: Volume 2: Establishment and Fairness » (1st Edition)

Kent Greenawalt is University Professor at Columbia University, teaching in the law school, and a former Deputy Solicitor General of the United States. His books include "Does God Belong in Public Schools?" and "Fighting Words" (both Princeton), as well as "Conflicts of Law and Morality" and "Religious Convictions and Political Choice".

"This is the most important work on the Establishment Clause in the literature and it will remain so for a long time to come. Virtually every chapter breaks new ground."—Steven H. Shiffrin, Cornell University

"This is a superb overview of a broad range of First Amendment issues from a powerful analytic mind with a profound knowledge of the field."—Andrew Koppelman, Northwestern University

Steven D. Smith - Harvard Law Review

The comprehensiveness of Greenawalt's treatment makes for a book that, though more than a conventional treatise, should be valuable for use in the way treatises are employed. This is not the sort of book that many readers will want to sit down and read cover-to-cover. But for a careful, fair-minded analysis of the cases and arguments with respect to virtually any establishment controversy that a judge or scholar may be investigating, one could hardly do better than to consult Greenawalt's treatment. And his relevant chapters ought to be mandatory reading for any student who wants to write a seminar paper or law review comment on a religion clause topic.

Preface     ix
Introduction     1
History     18
The Development of Doctrine and Its Significance     40
Government Aid to Religion and Promulgating Religious Doctrine     53
Religious Words and Symbols in Public Places     69
Mild Endorsements and Promotions     91
Public Schools: Devotions     103
Public Schools: Teaching about Religion     122
Public Schools: Teaching Whose Content Rests on Religious Views     136
Establishment Clause Tests and Standards     157
Equal Facilities and Freedom of Speech     194
Chaplains in the Military and in Prison     207
Religious Groups Exercising Government Power     221
Religious Law and Civil Law: Using Secular Law to Assure Observance of Practices with Religious Significance     240
Tax Exemptions and Deductions     279
Religion and the Exemption Strategy     298
Limits of Accommodation     336
Financial Support to Religious Institutions     352
Aid to Religious Schools     385
Religion Clause Skepticism     433
Alternative Approaches     451
Justifications for the Religion Clauses     480
Religiously BasedJudgments and Religious Discourse in Public Life     497
Legal Enforcement of Religion-Based Morality     525
Conclusion     538
Index     545