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Vol 22 No 4 April/May 2017

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Whistleblowing: Law and Practice

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Securing Religious Liberty

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Jesse H. ChoperEarl Warren Professor of Public Law, University of California, Berkeley, USA

ISBN13: 9780226104454
ISBN: 0226104451
Published: September 1996
Publisher: The University of Chicago Press
Format: Hardback
Price: Out of print

Although the Constitution of the United States of America states that there shall be no laws that either establish or prohibit religion, the application of the Religion Clauses throughout United States history has been fraught with conflict and ambiguity. In this book, a constitutional scholar proposes a set of guidelines meant to provide for the consistent application of the First Amendment's Religion Clauses.;Choper's guidelines are designed to provide maximum protection for religious freedom without granting anyone an advantage, inflicting a disadvantage or causing an unfair burden. Though not calling for the wholesale overturning of judicial precedents or established social practices, the standards he proposes would result in significant - and controversial - modifications to existing doctrines and customs. Choper argues, for instance, that while vocal prayer and Bible reading in public schools should continue to be prohibited, we can and should allow for silent prayer and objective courses in creation science. His standards would also, among other things, eliminate the tax exemption on property used exclusively for religious purposes, while allowing parochial schools to receive public funds for the non-religious component of their education.

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Preface: A Personal Note 1: Basic Postulates and Alternative Theories Preliminary Considerations The Core Value of Religious Liberty Different Approaches Preview and Synopsis 2: Deliberate Disadvantage Principle Resemblance to Race Inquiry into Motive 3: Burdensome Effect Principle Existing Doctrine and Its Shortcomings Problems in Fashioning a Better Rule Elaboration of the Principle's Qualifications 4: Intentional Advantage Principle Inquiry into Motive Rationale for Accommodations Accommodations for Religious Minorities Religion in the Public Schools Official Acknowledgment of Religion A Note on Application of the Establishment Clause to the States 5: Independent Impact Principle Reasons for Validation Reasons for Invalidation Aid to Parochial Schools Afterword: A Professional Note Table of Cases Index