Judicial enforcement of the establishment clause.

Summary

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Symposium: Establishment and Fairness

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Judicial enforcement of the establishment clause.

There is--no surprise!--nothing doctrinaire, rigid, or formulaic about Kent Greenawalt's study of the establishment clause. He works with principles and values, not "rules" or "tests" (although he finds more to admire in the "Lemon test" than many courts and commentators do (1)). In Establishment and Fairness, the discussion and analysis are almost always highly sensitive to context, the conclusions almost always fact-bound. There is, throughout the project, a consistent openness to the possibility--indeed, to the likelihood--that different circumstances will ca...

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