Required
Reading: Assignments
are generally from the Religion and the Constitution casebook (Volumes
I and II)
(4th edition, 2010). The casebook was prepared by the instructor
and all of the chapters from the casebook are linked to the syllabus as
well as posted on the course
website at
http://www.wneclaw.com/religion/readingmaterials.html.
Additional online material is
included in several assignments.
Attendance
Policy: Part
F. I. of the Academic Standards governs attendance and
requires that students attend
at least 80% of the regularly scheduled class meetings.
To implement this policy, students will
be required to initial an
attendance sheet for each class. Failure to initial the attendance
sheet will be counted as an absence. Students must initial the
attendance sheet for themselves. Asking another student to write your
initials on the sheet when you are absent in order to falsely indicate
presence in class is a violation of the Honor Code. Students who are
absent from more
than 20% of regularly scheduled classes (more than 4 classes) will be
administratively withdrawn from the course. Students who miss 3 classes
will be sent a warning letter by email alerting them to the
fact that they are in danger of administrative withdrawal. An excused
absence will not be counted in calculating a student's attendance
record. An absence may be excused in the discretion of the instructor
in limited circumstances.
Grading (Exam and Points for Class
Participation): There will be a three-hour open book final
examination on Wednesday July 17 beginning at 6 p.m. in Room B.
Students must bring all of the required reading materials
to the exam and will be permitted to bring
all other printed or written materials they wish as well. Up to three
points will be added to the final grade for class
participation. Participation, including both voluntary and
involuntary participation, will be evaluated based on both quality and
quantity with the scales weighted more heavily in favor of
quality. Involuntary participation will be structured by
assigning rotating panels of students principal responsibility for the
material covered in each class.
Question Before Class: Each
student is required to submit one question in advance of each class
relevant to the reading assignment to be discussed in that class. The
question can be related to any aspect of the reading assignment. These
questions will be considered during class as a way of focusing some
part of the discussion on issues of particular interest to students.
These questions should be submitted by email at least 1 hour before
class. If on some nights you can't make that deadline, please write out
the question and bring it to class with you.
First Amendment:
"Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press, or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances."
1. Establishment Clause-The Early Cases
pages 1-31 (Everson v. Board of Education, McCollum, Zorach v. Clauson)
Link to
Casebook Readings for Assignments 1 and 2
2. Establishment Clause-The Early Cases
pages 31-68 (Engel v. Vitale, Schempp, Allen, Walz v. Tax Commission)
3. Standing to Challenge Establishment Clause Violations
pages 69-99 (Flast v. Cohen; Valley Forge Christian
College, Hein v. Freedom From Religion
Foundation, Inc.)
Link to
Casebook Readings for Assignments 3 and 4
4. Standing to Challenge Establishment Clause Violations
Arizona Christian School Tuition
Organization v. Winn
Pages 99-111 (ACLU v. Raban County Chamber of Commerce, Zielke)
5. Financial Aid to Elementary and Secondary Parochial Schools
pages 117-146 (Lemon, Nyquist, Levitt)
Link to
Casebook Readings for Assignments 5 and 6 and part of 7
6. Financial Aid to Elementary and Secondary Parochial Schools
pages 146-176 (Sloan, Meek v. Pittinger, Wolman v. Walter, Comm. for
Public Education v. Regan)
7. Financial Aid to Elementary and Secondary Parochial Schools
pages 176-202 (Mueller v. Allen, Grand Rapids v. Ball, Aguilar v.
Felton)
Institutions of Higher Education and Religious Grant Recipients
pages 203-215 (Tilton, Roemer)
Link to
Casebook Readings for first part of Assignment 7
Link to
Casebook Readings for second half of Assignment 7 and Assignments 8 and
9
8. Institutions of Higher Education and Religious Grant Recipients
pages 215-236 (Witters, Bowen v. Kendrick)
Financial Aid Revisited: 1993 to the Present
pages 237-259 (Zobrest, Agostini)
Link to Casebook Readings for
Assignments 8 and 9
9. Financial Aid Revisited: 1993 to the Present
pages 259-306 (Mitchell v. Helms, Zelman v. Simmons-Harris)
10. Religion in the Public Schools
pages 307-326 (Epperson, Stone v. Graham, Widmar;
Mergens, Lamb's Chapel)
Link to
Casebook Readings for Assignments 10, 11, 12 and 13
11. pages 326-355 (Wallace v. Jaffree; Edwards v. Aguillard)
12. pages 356-386 (Lee v.
Weisman; Rosenberger)
13. pages 387-420 (Santa Fe Indep. Sch. Dist. v. Doe; Good News Club;
Newdow)
14. Intrusion of Religion into our Civic Life
pages 421-451 (McGowan; Grendel's Den; Marsh v. Chambers; Lynch v.
Donnelly)
Link
to Casebook Readings for Assignments 14, 15 and 16
15. pages 452-493 (County of Allegheny; Capitol Square Review Board v.
Pinette; Van Orden v. Perry)
16. pages 494-520 (McCreary County v. ACLU of
Kentucky; Pleasant Grove City v. Summum)
Salazar v. Buono
Utah Highway Patrol Association v.
American Atheists, Inc.
17. Discrimination Against and Preferential Treatment of
Particular Religions
pages 526-533 (Larson v. Valente)
pages 537-548 (Estate of Thornton; Amos)
pages 558-572 (Kiryas Joel)
Link
to Casebook Reading for Assignment 17
18. Free Exercise of Religion - What is a Religion?
pages 580-600 (Malnak v. Yogi; Kuch; Africa v. Pennsylvania)
Protection for Sincerely Held Religious Beliefs
pages 601-606 (United States v. Ballard)
The Belief/Action Dichotomy
pages 617-618 (Reynolds v. United States)
pages 627-632 (Prince)
Links to Casebook Reading for Assignment 18 including
First
Part and
Second
Part of the Assignment
19. Free Exercise Challenges to Denial of Government Benefits
pages 637-649 (Sherbert; Thomas)
pages 651-652 (Frazee)
Claims to Special Treatment Based on Religion
pages 653-663 (Yoder; Lee)
pages 674-681 (Bowen v. Roy)
Link
to Casebook Reading for Assignments 19 and 20
20. Free Exercise Since 1990: Case Law and Statutory Developments
pages 695-725 (Smith; Church of the Lukumi Babalu Aye; Locke v. Davey,
RFRA)
pages 731-739 (RLUIPA; Cutter)
Hosanna-Tabor Evangelical Lutheran Church
and School v. EEOC