Legal Articles on Church & Statre

THE PROF. MARCI A. HAMILTON SERIES

Here is a interesting series of articles on a array of church state
topics
The articles here were selected because of their relationship to
church
and state. Her actual series is much more diverse. We recommend
that
readers look over her entire series as well as these specific
articles.
[We post these for information only. Her opinions do not
necessarily reflect our opinions. In some instances
they might , in other instances they may not.]

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http://writ.news.findlaw.com/hamilton/
http://writ.news.findlaw.com/hamilton/index.html

MARCI A. HAMILTON
hamilton02.DeleteThis@aol.com
---
Professor Marci A. Hamilton holds the Paul R. Verkuil Chair in
Public Law at the Benjamin N. Cardozo School of Law, Yeshiva University,
where she is the founding Director of the Intellectual Property Law
Program. She has been a visiting scholar at Princeton Theological Seminary,
the Center of Theological Inquiry, and Emory University School of Law.

Professor Hamilton is an internationally recognized expert on
constitutional and copyright law. She is frequently asked to advise
Congress and state legislatures on the constitutionality of pending
legislation and to consult in cases before the United States Supreme Court.
She represented the City of Boerne, Texas in a successful challenge to the
Religious Freedom Restoration Act, a case that resulted in the Court's
landmark decision in Boerne v. Flores, 507 U.S. 521 (1997).

Professor Hamilton clerked for Associate Justice Sandra Day
O'Connor of the United States Supreme Court and Chief Judge Edward R.
Becker of the United States Court of Appeals for the Third Circuit. She
received her J.D., magna cum laude, from the University of Pennsylvania Law
School where she served as editor-in-chief of the University of
Pennsylvania Law Review. She is a member of Phi Beta Kappa and Order of the
Coif.

ARTICLE:
The federalist Society For Law and Public Policy
Studies. Charitable Choice, Remarks of Professor Marci
Hamilton

http://www.fed-soc.org/Publications/practicegroupnewsletters/PG%20Link...harchoi

ARTICLES ON FINDLAW:
* The Supreme Court Without Rehnquist? The Difference He Has Made, and
What the Court Might Look Like Without Him
Thursday, Nov. 04, 2004
http://writ.news.findlaw.com/hamilton/20041104.html

* Two Important Establishment Clause Issues The Supreme Court Will
Decide This Term, Relating to The Ten Commandments and a Key Federal
Statute
Thursday, Oct. 21, 2004
http://writ.news.findlaw.com/hamilton/20041021.html

* A Massachusetts District Attorney's Clever Tactic in the Child Sex
Abuse Wars:Bringing, then Dismissing, a Child Rape Indictment Against a
Catholic Bishop
Thursday, Oct. 07, 2004
http://writ.news.findlaw.com/hamilton/20041007.html

* The Pledge Protection Act:
Thursday, Sep. 23, 2004
http://writ.news.findlaw.com/hamilton/20040923.html

* An Award of Punitive Damages Against A Religious Institution: Is It a
Constitutional Violation?
Thursday, Sep. 09, 2004
http://writ.news.findlaw.com/hamilton/20040909.html

* The Pennsylvania Mandatory School Pledge of Allegiance Law: Why A
Federal Appeals Court Was Right to Strike It Down
Thursday, Aug. 26, 2004
http://writ.news.findlaw.com/hamilton/20040826.html

* A Michigan Supreme Court Decision Supports Private Landowners'
Rights: Its Reasoning and Possible Nationwide Ramifications
Thursday, Aug. 12, 2004
http://writ.news.findlaw.com/hamilton/20040812.html

* The Marriage Debate and Polygamy: Several Utah Cases Challenge
Whether Anti-Polygamy Laws Are Constitutional Does the Constitution protect
polygamists?
Thursday, Jul. 29, 2004
http://writ.news.findlaw.com/hamilton/20040729.html

* Did the Portland Catholic Archdiocese Declare Bankruptcy To Avoid or
Delay Clergy Abuse Suits?: The Risk of Bad-Faith and Noncooperative Church
Bankruptcies
Tuesday, Jul. 13, 2004
http://writ.news.findlaw.com/hamilton/20040713.html

* The Supreme Court Decision on the Pledge of Allegiance Case: Why It
Raises Federalism Issues
Thursday, Jun. 17, 2004
http://writ.news.findlaw.com/hamilton/20040617.html

* Why the Massachusetts Supreme Judicial Court Was Right to Reject A
First Amendment Defense To a Subpoena in a Clergy Abuse Case
Thursday, May. 20, 2004
http://writ.news.findlaw.com/hamilton/20040520.html

* Why Ensuring Accountability for Clergy Sexual Abuse of Children Has
Proved So Difficult,
Even Though It Remains So Crucial
Thursday, May. 06, 2004
http://writ.news.findlaw.com/hamilton/20040506.html

* Contrasting a Nun's View With a Journalist's:A Review of Two Recent
Books on The Catholic Church Clergy Abuse Debacle
Friday, Mar. 26, 2004
http://writ.news.findlaw.com/books/reviews/20040326_hamilton.html

* The Court Hears Oral Argument in the "Under God" Pledge of Allegiance
Case: Why the Court Should Reject This Pledge, and Why the Department of
Justice Is Wrong To Support It
Thursday, Mar. 25, 2004
http://writ.corporate.findlaw.com/hamilton/20040325.html
http://writ.news.findlaw.com/hamilton/20040325.html

* Shockingly, Only 2% of Catholic Clergy Sexual Abusers Were Ever
Jailed:
A Demonstration that the Self-Policing of Criminal Behavior Will Never Work
Thursday, Mar. 11, 2004
http://writ.corporate.findlaw.com/hamilton/20040311.html
http://writ.news.findlaw.com/hamilton/20040311.html

* The Supreme Court Issues a Monumental Decision: Equal State
Scholarship Access for Theology Students Is Not Required by the Free
Exercise Clause
Friday, Feb. 27, 2004
http://writ.corporate.findlaw.com/hamilton/20040227.html
http://writ.news.findlaw.com/hamilton/20040227.html

* A Recent Utah Case Asks: Is a Prohibition on Polygamy Constitutional?
Thursday, Feb. 12, 2004
http://writ.news.findlaw.com/hamilton/20040212.html

* California's Defeat of a State RLUIPA Bill: The Growing Backlash
Against Religious Land Use and Institutionalized Persons Acts
Thursday, Jan. 29, 2004
http://writ.news.findlaw.com/hamilton/20040129.html

* The Catholic Church's Self-Audit on Its Clergy Child Sexual Abuse
Procedures:
The Fox Continues to Guard the Henhouse
Thursday, Jan. 08, 2004
http://writ.news.findlaw.com/hamilton/20040108.html

* Holiday Decorations, and the Religion Clauses What the Rules Are, And
Why the Supreme Court Was Prescient to Clarify Them Decades Ago
Thursday, Jan. 01, 2004
http://writ.news.findlaw.com/hamilton/20040101.html

* Can the State Refrain from Funding Education of the Clergy, When It
Funds Secular Education? The Supreme Court Will Decide This Term
Thursday, Dec. 04, 2003
http://writ.news.findlaw.com/hamilton/20031204.html

* Judge Roy Moore and the Ten Commandments Controversy Why He Was Not A
Fit Justice, Won't Be A Fit Governor, And Belongs in the Private Sphere
Tuesday, Nov. 18, 2003
http://writ.news.findlaw.com/hamilton/20031118.html

* The Federal Government's Intervention On Behalf of Religious Entities
In Local Land Use Disputes: Why It's A Terrible Idea
Thursday, Nov. 06, 2003
http://writ.news.findlaw.com/hamilton/20031106.html

* The Rule of Law Even As We Try to Export the Ideal of Justice By Law,
Not Whim, Some in America Resist That Very Ideal (commentary on Free
Exercise too)
Thursday, Oct. 23, 2003
http://writ.news.findlaw.com/hamilton/20031023.html

* The Catholic Church Is Not the Only Culprit In the Abuse Scandal: Why
Society Must Insist on Legal Reform
Thursday, Sep. 25, 2003
http://writ.news.findlaw.com/hamilton/20030925.html

* The Ten Commandments and American Law Why Some Christians' Claims to
Legal Hegemony Are Not Consistent with the Historical Record
Thursday, Sep. 11, 2003
http://writ.news.findlaw.com/hamilton/20030911.html

* The Era of Entitlement: What Alabama Judge Roy Moore, File
"Sharers," and the Catholic Church Have in Common
Thursday, Aug. 28, 2003
http://writ.news.findlaw.com/hamilton/20030828.html

* The Boston Grand Jury Report on Catholic Clergy Sexual Abuse: Why Its
Conclusion that Criminal Charges are Stale is Wrong
Thursday, Jul. 31, 2003
http://writ.news.findlaw.com/hamilton/20030731.html

* It's Time For A RICO Prosecution of the Catholic Church: Governor
Keating's Forced Resignation Shows the Church Will Not Reform Itself
Thursday, Jun. 19, 2003
http://writ.news.findlaw.com/hamilton/20030619.html

* Pretending Decades of Covering Up Child Abuse Is Not a Crime: Why the
Phoenix Settlement Agreement Is Insufficient
Thursday, Jun. 05, 2003
http://writ.news.findlaw.com/hamilton/20030605.html

* Why President Bush's "New" Emphasis on Religion Is Hardly New: A Look
Back at the Clinton Administration and Religion
Thursday, May. 22, 2003
http://writ.news.findlaw.com/hamilton/20030522.html

* How Congress Undermined the American Dream: The Effect of the
Religious Land Use and Institutionalized Persons Act on Residential
Neighborhoods
Thursday, Apr. 24, 2003
http://writ.news.findlaw.com/hamilton/20030424.html

* The Catholic Church and the Clergy Abuse Scandal: Act Three
Thursday Apr 10, 2003
http://writ.news.findlaw.com/hamilton/20030410.html

* Will State Legislatures Stand Up to the Catholic Church, and Pass
Strong Anti-Child Abuse Laws? Maryland's Example Suggests It Will Be A
Tough Fight
Monday, Feb. 24, 2003
http://writ.news.findlaw.com/hamilton/20030224.html

* Why the U.S.'s International Religious Freedom Commission IsHarming
Its Status In the World Community
Thursday, Jan. 30, 2003
http://writ.news.findlaw.com/hamilton/20030130.html

* The Catholic Church, the Insurance Carriers, and Why the First
Amendment's Religious Freedom Guarantees Provide No Defense in the Clergy
Abuse Cases
Thursday Jan. 16, 2003
http://writ.news.findlaw.com/hamilton/20030116.html

* Was Church/state Separation Part of the Original Constitution?: A
Review of Philip Hamburger's Provocative Recent Book on Separation's
History
Friday, Sep. 20, 2002
http://writ.news.findlaw.com/books/reviews/20020920_hamilton.html

* A Religious Bias Suit by Evangelical Chaplains Against the Navy: The
Law Confronts Denominational Diversity
Thursday, Aug. 29, 2002
http://writ.news.findlaw.com/hamilton/20020829.html

* Protecting Religious Institutions' Right to Political Speech: Why The
House Of Worship Poltical Speech Protection Act Should Be Enacted
Thursday, Aug. 15, 2002
http://writ.news.findlaw.com/hamilton/20020815.html

* The Ongoing Fight for Religious Dominance: From The Secret Service
Agent's Slur, To Critiques Of The Ninth Circuit's Pledge Of Allegiance
Decision
Thursday, Aug. 01, 2002
http://writ.news.findlaw.com/hamilton/20020801.html

* Why the Supreme Court's Recent Vouchers Opinion Was Wrong, and Also
Typical of the Court's Establishment Clause Approach
Monday, Jul. 01, 2002
http://writ.news.findlaw.com/hamilton/20020701.html

* How the National Conference of Bishops' Proposal on Handling Child
Abuse Should Be Changed: The Devil Is In The Details
Thursday, Jun. 06, 2002
http://writ.news.findlaw.com/hamilton/20020606.html

* An Action Plan For The Catholic Church: Making Children --Not The
Church--the Focus For The June Meeting Of Bishops
Thursday, May. 23, 2002
http://writ.news.findlaw.com/hamilton/20020523.html

* How September 11 Altered the Perceived Place and Role of Religion in
the United States: Why The Catholic Church Scandal Is Surfacing Now
Thursday, Apr. 11, 2002
http://writ.news.findlaw.com/hamilton/20020411.html

* Sacrificial Lambs?: Child Abuse, Religious Exemptions, And The
Separation Of Church And State
Thursday, Mar. 28, 2002
http://writ.news.findlaw.com/hamilton/20020328.html

* The Ten Commandments in Court: Power And Its Abuse
Thursday, Mar. 14, 2002
http://writ.news.findlaw.com/hamilton/20020314.html

* Churches, Children, and Government Money: How Faith-based Initiatives
And Vouchers Can Increase Churches' Accountability
Thursday, Feb. 28, 2002
http://writ.news.findlaw.com/hamilton/20020228.html

* Let The Churches Speak And Be Accountable
Thursday, Feb. 14, 2002
http://writ.news.findlaw.com/hamilton/20020214.html

* Struggling with Churches as Neighbors: Land Use Conflicts Between
Religious Institutions And Those Who Reside Nearby
Thursday, Jan. 17, 2002
http://writ.news.findlaw.com/hamilton/20020117.html

* Vouchers, Religious Schools, and the Establishment Clause: Why The
Supreme Court Will Probably Strike Down Ohio's Voucher System
Thursday, Nov. 22, 2001
http://writ.news.findlaw.com/hamilton/20011122.html

* Playing Into The Taliban's Hands: The Mistake Of Treating This War As
Christianity Versus Islam
Friday, Sep. 21, 2001
http://writ.news.findlaw.com/hamilton/20010921.html

* Why the Constitution's Church/state Separation Is Vital: Examples
From The Faith-based Organizations Initiative To The Taliban
Thursday, Aug. 30, 2001
http://writ.news.findlaw.com/hamilton/20010830.html

* Children, Churches, And The Law: Massachusetts' Proposal To Require
Clergy To Report Child Abuse
Thursday, Aug. 16, 2001
http://writ.news.findlaw.com/hamilton/20010816.html

* The Salvation Army, Church, and State: A Closer Look At The Charity's
Proposed Deal With The White House
Thursday, Aug. 02, 2001
http://writ.news.findlaw.com/hamilton/20010802.html

* How United States Church-state Relations Play on The World Stage
Thursday, Jul. 05, 2001
http://writ.news.findlaw.com/hamilton/20010705.html

* Religion, Public Funds, And Accountability: President Bush's White
House Office Of Faith-based And Community Initiatives
Thursday, Mar. 15, 2001
http://writ.news.findlaw.com/hamilton/20010315.html

* General Land Use Laws and Religious Buildings: The Controversy Heats
Up
Thursday, May. 10, 2001
http://writ.news.findlaw.com/hamilton/20010510.html


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THE CONSTITUTIONAL PRINCIPLE:
SEPARATION OF CHURCH AND STATE

http://members.tripod.com/~candst/index.html

"Dedicated to combatting 'history by sound bite'."

Now including a re-publication of Tom Peters
SEPARATION OF CHURCH AND STATE HOME PAGE
and
Audio links to Supreme Court oral arguments and
Speech by civil rights/constitutional lawyer and others.

This site is a member of the following web rings:

Freethought Ring--&--Freethought, Religion & Beliefs Ring

The First Amendment Ring--&--The Church-State Ring

American History WebRing--&--The History Ring

Let Freedom Ring--&--Religious Freedom Ring

Law Issues Ring--&--Legal Research Ring

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