Religion as evidence
slevine at SJULAWFAC.STJOHNS.EDU
Fri Dec 5 12:00:22 PST 1997
If anyone is interested, I have an article appearing shortly in
which I suggest a rethinking of the Court's hands-off approach to
questions of religious practice and belief, in Thomas and
other cases--both Free Exercise and Establishment Clause cases.
Though there are good reasons for the Court to avoid such decisions,
I think the Court's approach may have caused more problems than it
has prevented. In addition, in terms of competence, it's not so
clear to me why courts can rely on expert testimony to settle
disputes about scientific doctrine but not about religious doctrine.
I'd be happy to send reprints of the article when it's published.
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