Law & Religion

Fall 2022

LAWWA 602-51
Law & Religion (2 hours) (online) (Thursday 8 PM - 9:50 PM)

This course explores the First Amendment’s Establishment and Free Exercise Clauses. The course will examine Supreme Court opinions interpreting the Religion Clauses from early cases up to the present. This examination will make clear the significant changes that have occurred in the Court’s approach to the Establishment and Free Exercise Clauses and the relationship between the two clauses. Some of the topics to be studied include public school prayer, government funding of religious education, religious symbols on government property, and the right of religious believers to be exempt from the need to comply with laws that burden their religious beliefs and practices. This course counts towards the upper-level writing requirement. The reading material for the course has been prepared by the instructor and will be available online. (This course can be counted towards the Public Interest Practice concentration.)


Reading Materials:

The reading materials are available as a series of PDF documents linked below. The cases have been heavily edited and most omissions are not marked with ellipses. Footnotes in the opinions do not retain their original numbering except where noted.

Chapter I: Establishment Clause; The Early Cases

Chapter II: The Free Exercise Clause: 1879-1990

Chapter III: Religion in the Public Schools

Chapter IV: School and Legislative Prayer

Chapter V: Religious Displays on Public Property

Chapter VI: Establishment Clause: Government Financing of Religious Education

Chapter VII: The Free Exercise Clause After Employment Division v. Smith

Chapter VIII: Statutory Protection of Religious Liberty


Questions and Answers About Fourth Writing Assignment
(6 questions and answers - last updated 5:00 p.m. on Dec. 12)


Syllabus:

The syllabus contains all of the reading assignments for the semester, information about grading, attendance, class participation and other matters required by law school policies and ABA requirements.

Classroom Materials:

All Classroom Materials prepared for use in class in connection with a reading assignment will be posted on the course website shortly before each class and remain available throughout the semester.