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Toward Benevolent Neutrality (5th edition, 1996), a longstanding favorite for professors of church-and-state relationships in the U.S., has been revised and updated by one original author, Robert B. Flowers, and two new ones, Melissa Rogers and Steven K. Green. Religious Freedom and the Supreme Court contains a new introduction clearly explaining specific ways the Court delineates the idea of religious freedom on a case-by-case basis. As clearly written as its predecessor, and as appropriate for the classroom, this new book contains explanations of more recent cases, decided by a contemporary Supreme Court. It is clear, relevant, and an essential text for the twenty-first century.
Contents
Part 1
Introduction
1 The Impact of the U.S. Supreme Court on American Religious Freedom
1 Understanding the Supreme Court
2 Understanding the Protection of ""Rights"" and ""Liberties""
2 The Historical Background to the First Amendment Religion Clauses
3 Themes and Trends in First Amendment Interpretation
3 Originalism and Its Critics
4 ""Nonpreferentialism"" and Government Financial Aid for Religion
5 Incorporation of the Establishment Clause
6 The ""Distinctiveness"" of Religion
7 ""No-Aid Separation"" v. ""Evenhanded Neutrality""
8 Use of Speech Principles in Religion Clause Jurisprudence
9 Accommodation of Religion
10 ""Play In the Joints""
11 ""Complementary Values, Conflicting Pressures""
4 What Is Religion?
5 The Concept of Standing
12 Flast v. Cohen
13 Valley Forge College v. Americans United for Separation of Church and State
14 Hein v. Freedom From Religion Foundation
15 Elk Grove Unified School District v. Michael A. Newdow
Part 2
The Free Exercise Clause
6 Basic Concepts and Development of Free Exercise Doctrine
16 The ""Belief-Action"" Dichotomy (Reynolds v. United States; Davisv. Beason)
17 Religious Liberty as Due Process Liberty (Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary)
18 Conscientious Objector Cases (United States v. Schwimmer; Girouard v. United States; Hamilton v. Regents of the University of California)
19 Embracing Free Exercise as a Right (Cantwell v. State of Connecticut; West Virginia State Board of Education v. Barnette; Prince v. Massachusetts)
20 Early Free Exercise on Government Property (Davis v. Commonwealth of Massachusetts; Murdock v. Pennsylvania; Heffron v. International Society for Krishna Consciousness; International Society for Krishna Consciousness v. Lee)
7 Rise and Fall of Free Exercise Exemptions: From Sherbert to Smith
21 The Rise of Judically Mandated Free Exercise Exemptions (Sherbert v. Verner; Wisconsin v. Yoder)
22 Refining the Sherbert Test (United States v. Lee; Thomas v. Review Board; Hobbie v. Unemployment Appeals Commission of Florida; Frazee v. Illinois Employment Security Department)
23 Free Exercise in Transition (Bowen v. Roy; Lyng v. Northwest Indian Cemetery Protective Association; Goldman v. Weinberger; O'Lone v. Estate of Shabazz; Hernandez v. Commissioner of Internal Revenue; Jimmy Swaggart Ministries v. Board of Equalization)
8 Rise and Fall of Free Exercise Exemptions: Smith and Beyond
24 The Fall of Judicially Mandated Free Exercise Exemptions (Employment Division v. Smith)
25 The Free Exercise Clause Beyond Smith (Church of Lukumi Babalu Aye v. City of Hialeah)
26 Congress Stands in the Gap: RFRA and RLUIPA (City of Boerne v. Archbishop Flores; Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal; Cutter v. Wilkinson)
9 Churches and the Civil Justice System
27 Church Autonomy/Schisms (Watson v. Jones; Gonzalez v. Roman Catholic Archbishop of Manila; Kedroff v. St. Nicholas Cathedral; Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church)
28 Religious Torts (United States v. Ballard; Nally v. Grace Community Church; Molko v. Holy Spirit Association; Moses v. Diocese of Colorado)
10 Religious Organizations as Employers
29 Government Oversight of Employment Practices (National Labor Relations Board v. The Catholic Bishop of Chicago; Tony and Susan Alamo Foundation v. Secretary of Labor)
30 Employment Actions by Religious Organizations (Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos; Equal Employment Opportunity Commission v. Pacific Press Publishing Association; Gellington v. Christian Methodist Episcopal Church, Inc.; Bollard v. California Diocese
of the Society of Jesus)
Part 3
The Establishment Clause I
11 Government Funding of Religious Schools: The Rise and Application of the ""No-Aid"" Principle
31 The Emergence of Nonsectarian Public Education and the No-Funding Principle; Developing Principles (Everson v. Board of Education of Ewing Township)
32 The High Point of ""No-Aid"" (Lemon v. Kurtzman; Committee for Public Education and Religious Liberty v. Nyquist; Committee for Public Education and Religious Liberty v. Regan; School District of Grand Rapids v. Ball)
12 Government Funding of Religious Schools: The Rise of Even-handed Neutrality and Private Choice
33 Mueller v. Allen; Zobrest v. Catalina Foothills School District; Agostini v. Felton; Mitchell v. Helms
34 Zelman v. Simmons-Harris; Locke v. Davey
13 Government Aid to Higher Education
35 Tilton v. Richardson; Hunt v. McNair
36 Roemer v. Board of Public Works of Maryland
14 Religious Organizations and Government-Funded Social Services
37 Bradfield v. Roberts; Bowen v. Kendrick
38 ""Charitable Choice"" and the ""Faith-Based Initiative"" (Charitable Choice; The Bush Administration's Faith-Based Initiative [Executive Order 13279]; Freedom from Religion Foundation v. McCallum)
15 Government Funds and Religious Institutions: A Look toward the Future
Part 4
The Establishment Clause II
16 Religious Expression and Public Schools: Background, Released-Time Programs and the 1960's School-Prayer Decisions
39 Historical Background: The Common School Movement
40 ""Released-Time"" Programs (McCollum v. Board of Education; Zorach v. Clauson)
41 State-sponsored Prayer and Bible Reading: The 1960s Cases (Engel v. Vitale; School District of Abington Township v. Schempp)
17 Religious Expression in Public Schools: Moments of Silence and Post-1960s School-Prayer Cases
42 Wallace v. Jaffree
43 Lee v. Weisman
44 Santa Fe Independent School District v. Doe
18 Religious Expression in Public Schools: Religion and the Curriculum and Presidential Guidelines on Religion and Public Schools
45 Religion and the Public School Curriculum (Religious Objections to Curriculum: Evolution and Religion [Epperson v. Arkansas; Edwards v. Aguillard]
46 ""Opt outs"" [Mozert v. Hawkins County Board of Education]
47 School-sponsored Religious Displays
48 Teaching About Religion in an Academic, Rather than a Devotional, Manner)
49 Presidential Guidelines on Religious Expression in Public Elementary and Secondary Schools (""Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools"")
19 Equal Access
50 Widmar v. Vincent
51 Board of Education v. Mergens
52 Lamb's Chapel v. Center Moriches Union Free School District
53 Good News Club v. Milford Central School
54 Other Religious Expression/Access Issues (Rosenberger v. Rector and Visitors of the University of Virginia)
20 Religious Symbols on Government Property
55 Lynch v. Donnelly
56 County of Allegheny v. American Civil Liberties Union
57 Capitol Square Review v. Pinette
58 McCreary County v. American Civil Liberties Union
59 Van Orden v. Perry
21 Government Acknowledgements of Religion, Government Chaplains, Religion and Politics, and Religion in the Governmental Workplace
60 Governmental Acknowledgements of Religion and Government Chaplains (Marsh v. Chambers; Katcoff v. Marsh; Delores Rudd v. The Honorable Robert D. Ray)
61 Religion and Politics (McDaniel v. Paty; Branch Ministries v. Rossotti)
62 Religion in the Federal Workplace (""Guidelines on Religious Exercise and Religious Expression in the Federal Workplace"")
22 Religious Preferences/Delegations
63 Government Preferences of Religion (Torcaso v. Watkins; Larson v. Valente)
64 Government Delegations of Authority to Religion (Larkin v. Grendel's Den; Board of Education of Kiryas Joel Village School District v. Grumet)
23 Legislative Accommodation of Religious Exercise
65 Walz v. Tax Commission of the City of New York
66 Trans World Airlines v. Hardison
67 Estate of Thornton v. Caldor
68 Corporation of Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. Amos
69 Texas Monthly v. Bullock
70 Board of Education of Kiryas Joel Village School District v. Grumet
71 Cutter v. Wilkinson
Appendices
A Bill Establishing a Provision for Teachers of the Christian Religion
A Bill for Establishing Religious Freedom
Memorial and Remonstrance against Religious Assessments
Selected Bibliography
Notes
