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Religion and the Constitution, Fifth Edition

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Authors
  • Michael W. McConnell
  • Thomas C. Berg
  • Christopher C. Lund
Series / Aspen Casebook Series
BOOKMARK
Book length
786 pages
Publication Date
2022-01-31
Edition
Fifth Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Religion and the Constitution, Fifth Edition, is a casebook unparalleled in how it synthesizes judicial decisions and legal doctrines together with materials from history, the study of religion, and other related disciplines.

Religion and the Constitution, Fifth Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This proven casebook is suitable for courses or seminars in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law. The Fifth Edition has been updated with discussions of the Supreme Court’s many recent religious liberty cases, decided against the tumultuous backdrop of pandemic restrictions and intensifying “culture wars.”

New to the Fifth Edition:

  • Recent decisions on COVID-related restrictions of religious worship and the meaning of the requirement that laws burdening religion be “neutral and generally applicable.”
  • Recent decisions on the clash between sexual-orientation nondiscrimination laws and religious objectors: Masterpiece Cakeshop and Fulton v. Philadelphia.
  • Recent decisions forbidding exclusion of religious entities from generally available government funding programs: Trinity Lutheran v. Comer and Espinoza v. Dept. of Revenue.
  • The recent decision presumptively validating longstanding government displays with religious content, namely American Legion v. American Humanist Assn.

Professors and students will benefit from:

  • A casebook structured to stress three recurring themes that contextualize current debate regarding matters of church-and-state:
    • Free exercise of religion in the face of government regulation.
    • Government financial assistance to religious institutions.
    • The role of religion in government institutions, such as schools.
  • Notes and questions that connect older controversies with modern constitutional disputes.
  • Problems that enable students to understand the legal materials on their own terms and apply them to new issues.
  • A thorough examination and explanation of the various interrelations between the free exercise and establishment clauses.
  • Historical and other background materials that are sufficiently scholarly and authoritative that the United States Supreme Court recently cited the book in its decision in Espinoza v. Dep’t of Revenue (2020)

 

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    Table of Contents
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    Preface
    Professor Materials
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    Student Materials:
    2024-25 Supplement (PDF)
    Recommended materials for academic success
    About the authors
    Michael McConnell

    Professor Michael W. McConnell is a leading authority on freedom of speech and religion, the relation of individual rights to government structure, originalism, and various other aspects of constitutional history and constitutional law. He is the author of numerous articles and co-author of two casebooks: The Constitution of the United States (Foundation Press) and Religion and the Constitution (Aspen Publishing). In addition to teaching, he is the director of the Stanford Constitutional Law Center, which was founded in 2006 to explore and improve public understanding of the most pressing constitutional issues.

    Professor McConnell brings wide practical experience to bear on his teaching and scholarship. Before joining Stanford in 2009, he served as a federal judge on the U.S. Court of Appeals for the Tenth Circuit and was frequently mentioned as a possible nominee to the Supreme Court. He is the only full-time professor of law in the nation who has previously served as a federal judge. He also has been involved in extensive appellate litigation, including arguing 12 cases in the United States Supreme Court, including one case in October Term 2009. Before his appointment to the bench, McConnell was Presidential Professor of Law at the S.J. Quinney College of Law at the University of Utah, and prior to that the William B. Graham Professor of Law at the University of Chicago Law School. He has taught five times as a visiting professor at Harvard Law School. He served as law clerk to then Chief Judge J. Skelly Wright of the U.S. Court of Appeals for the District of Columbia Circuit, and to Justice William J. Brennan Jr. of the U.S. Supreme Court. McConnell was an assistant general counsel at the Office of Management and Budget and an assistant to the Solicitor General in the Department of Justice under President Ronald Reagan. He is also a senior fellow at the Hoover Institution.

    Thomas C. Berg

    Before joining the University of St. Thomas faculty, Thomas Berg taught for 10 years at Samford University’s Cumberland Law School. In addition to teaching constitutional law, law and religion, intellectual property, civil procedure, and federal courts, Berg has established himself as one of the leading scholars of law and religion in the United States. He has written approximately 60 articles in law reviews and religion journals on religious freedom, constitutional law, and the role of religion in law, politics, and society. Berg is the author of The State and Religion in a Nutshell (now in a second edition), part of West Publishing Company’s leading series of law books; and he is co-author with Michael McConnell and John Garvey of Religion and the Constitution, a casebook published by Aspen Publishing (second edition forthcoming). Berg is also working on Diversity and Devotion, a legal and cultural history of American church-state relations since World War II.

    At St. Thomas, Berg is co-director of the Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy. He has written more than 25 briefs on issues of religious liberty and free speech in the U.S. Supreme Court and lower courts and has often testified to Congress in support of legislation protecting religious freedom. For this work, he received the Religious Liberty Defender of the Year Award from the Christian Legal Society in 1996. He has also received the Alpha Sigma Nu Book Award (2004) from the Association of Jesuit Colleges and Universities, for the Religion and the Constitution casebook, and the John Courtney Murray Award from DePaul University College of Law for scholarly and other contributions to church-state studies.

    Christopher C. Lund

    Christopher C. Lund is an associate professor of law at Wayne State University Law School, where he teaches a variety of courses, including Torts, Contracts, Constitutional Law, Religious Liberty in the United States, and Evidence. Excited to teach students, he has been voted Professor of the Year five times. Lund's scholarly interests vary, but his principal focus has been in the field of religious liberty. His academic work has been (or shortly will be) published in student-edited law reviews, such as the Northwestern University Law Review, the Virginia Law Review, and the Minnesota Law Review; peer-reviewed legal journals, such as the Journal of Law and Religion; and peer-reviewed interdisciplinary journals, such as History of Religions.

    He recently joined Michael McConnell and Thomas Berg as the new co-author on their leading casebook, Religion and the Constitution, the fourth edition of which was published by Aspen Publishing in 2016. Lund's academic work has been cited in articles, books, and judicial opinions. He is regularly called on for his expertise by media outlets, civil rights organizations, and religious groups. Two of his amicus briefs have been quoted in opinions of the U.S. Supreme Court, with Justice Stephen Breyer calling one of them "very excellent" at oral argument. He is a past chair of the Law and Religion Section of the Association of American Law Schools, as well as past chair of the Section on New Law Professors. He sits on the lawyers committee of the ACLU of Michigan. Lund joined Wayne State University Law School in 2009 from the Mississippi College School of Law. Before teaching, he clerked for the Honorable Karen Nelson Moore on the U.S. Court of Appeals for the Sixth Circuit, served as the Madison Fellow at Americans United for Separation of Church and State, and practiced law at Dechert LLP in Philadelphia. Lund earned his law degree with high honors from the University of Texas School of Law and his Bachelor of Arts from Rice University, summa cum laude, with majors in mathematics and psychology. During the fall semester of 2013, Lund was on leave from Wayne Law, teaching at the University of Notre Dame Law School.
    Product Information
    Edition
    Fifth Edition
    Publication date
    2022-01-31
    Copyright Year
    2022
    Pages
    786
    Connected eBook + Hardcover
    9781543804621
    Connected eBook (Digital Only)
    9781543857283
    Subject
    Constitutional Law
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