Freethought & Rationalism Archive

hezekiah jones · 02-12-2003, 04:15 PM

I just noticed this, in case anyone's interested. Portions of the handy dandy Emanuel Law Outlines are available online at LexisNexis. Although these are not the entire texts of the outlines, what's there are decent capsule summaries of the various chapters.

For example, here is the chapter on the religion clauses of the First Amendment from the Constitutional Law outline:

Chapter 15: Freedom of Religion

The hyperlinked citations in the text require LexisNexis registration, but the cases are available online elsewhere. Here is the Emanuel's page at LexisNexis, with links to the Emanuel's Law Outlines for nine areas of the law:

Emanuel's at Lexis Nexis

Shake · 02-19-2003, 10:58 AM

Interesting point I found while looking at the example you provided (chapter 15):

Quote:

Similarly, the Establishment Clause probably is not violated when the ceremony has an incidental reference to God or to a religious theme. (Example: The Pledge of Allegiance, with the phrase "One nation, under God," is probably allowable.)
(their emphasis)

Obviously, the 9th Circuit Court feels this in indeed not incidental. We'll have to wait and see what happens with this and if indeed the US Supreme Court will take this case up.

Here's an interesting exemption of enforcement under the free exercise clause:

Quote:

Criminal prohibition: But there�s a special, recent, rule in the area of criminal prohibitions: A generally applicable criminal law is automatically enforceable, regardless of how much burden it causes to an individual�s religious beliefs (assuming that the government did not intend to disadvantage a particular religion when it enacted its law). [631 - 632]

Example: A state may make it a crime to possess the drug peyote, and may enforce this rule against Native Americans who use peyote as a central part of their religious rituals.

And of special interest to lots of us here at IIDB, this is under the section "What constitutes a religious belief":

Quote:

Non-theistic: For instance, Non-theistic: For instance, non-theistic beliefs are protected. That is, the belief need not recognize the existence of a supreme being. (Example: Public officials cannot be forced to take an oath in which they say that they believe that God exists. [Torcaso v. Watkins])

... and finally:

Quote:

The court will not consider whether the belief is "true" or "reasonable"

02-12-2003, 04:15 PM	#1
hezekiah jones Veteran Member Join Date: Feb 2001 Location: WI Posts: 4,357	Emanuel Law Outlines I just noticed this, in case anyone's interested. Portions of the handy dandy Emanuel Law Outlines are available online at LexisNexis. Although these are not the entire texts of the outlines, what's there are decent capsule summaries of the various chapters. For example, here is the chapter on the religion clauses of the First Amendment from the Constitutional Law outline: Chapter 15: Freedom of Religion The hyperlinked citations in the text require LexisNexis registration, but the cases are available online elsewhere. Here is the Emanuel's page at LexisNexis, with links to the Emanuel's Law Outlines for nine areas of the law: Emanuel's at Lexis Nexis

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