Religion and the Constitution
Law 790 - Section 3
Summer, 2013
Professor Harpaz
Office - Room 317
Mailbox - Room 307
E-mail - lharpaz@lharpaz.com
Office Hours: By appointment     
                
   
   
RELIGION AND THE CONSTITUTION

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who are absent from more than 20% of regularly scheduled classes (more than 4 classes) will be administratively withdrawn from the course.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."



ASSIGNMENTS


NOTE:  THIS IS A PARTIAL LIST OF ASSIGNMENTS.  IT WILL BE UPDATED PERIODICALLY TO ADD MORE ASSIGNMENTS TO THE LIST AS THE SEMESTER PROGRESSES.

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