- Semester: Spring 2022
- Course ID: 196W
- Credit Hours: 1
- Grading Method: Pass/Fail Allowed (JD only)
- Will use floating mean GPA if applicable
- 1L and upperclass elective
|THU||5:00 - 7:00 pm|
This course meets over seven weeks: January 20, 27, February 10, 24, March 31, April 14, 21.
Same as Law 179M, Religious Liberty.
This is an exciting time to study the law of Religious Liberty. The Supreme Court in recent years has taken multiple cases to clarify the scope of the Religion Clauses of the First Amendment, and there is no indication that this trend will stop. Regardless of one’s underlying perspective or position, studying Religious Liberty is a way to understand not just that area of constitutional law, but also to examine the Supreme Court as an institution and to trace the development of an important body of law alongside developments in American and world history.
This class is an introduction to the law of Religious Liberty, and accordingly will begin with the historical and jurisprudential foundations of the First Amendment's Free Exercise Clause. We will then turn to the development of the doctrine in the United States, examining how and asking why the Supreme Court's analysis has evolved from beginnings of its jurisprudence until today. We will pause to consider in depth how Employment Division v. Smith has been applied in the decades since the Supreme Court decided it. We will also discuss the intersection of the Free Exercise Clause, the Establishment Clause, the Free Speech Clause, and the Free Association Clause. Our course will conclude with analysis of the cutting-edge issues being litigated in the courts, and in particular in the Supreme Court, and we will provide some examples where students can dig more deeply into a record to develop the best arguments on both sides of actual cases.
This is a course open to students who have already taken a Constitutional Law class. No other prerequisite is required. We plan on meet roughly every other week for two hours at a time. The course is graded, but students are welcome to exercise their pass-fail option if they wish. Grades will turn on (1) participation, including reliable attendance, and (2) the student's choice of a short exam or a short paper.