Law and Religion: Cases and Materials

The fifth edition of the casebook includes a new author, Andrew L. Seidel, a constitutional attorney who has spent a decade litigating religion clause cases. It was updated to include important new Supreme Court cases on state funding of churches and the religious freedom issues associated with COVID. The book continues its interdisciplinary approach to law and religion, its student-friendly notes and questions, and its inclusion of numerous non-Supreme Court cases from a variety of state, federal, and international courts. The chapters highlight the impact of the Court's most recent cases on the subject matter of law and religion.

Format: Paperback / softback
Length: 892 pages
Publication date: 30 October 2022
Publisher: West Academic Publishing

The fifth edition of this book brings a fresh perspective with the inclusion of a new author, Andrew L. Seidel. Seidel is a constitutional attorney with a decade of experience in litigating religion clause cases. He has authored several notable works, including "The Founding Myth: Why Christian Nationalism Is Un-American" and "American Crusade: How the Supreme Court Is Weaponizing Religious Freedom." Currently, he serves as Vice President of Strategic Communications at Americans United for Separation of Church and State.

This edition has been meticulously updated to include significant new Supreme Court cases that have shaped the landscape of state funding of churches and the religious freedom issues associated with COVID-19. The book maintains its interdisciplinary approach to law and religion, offering student-friendly notes and questions to facilitate understanding. It also includes a wide range of non-Supreme Court cases from various state, federal, and international courts, providing a comprehensive examination of the subject matter.

The chapters in this edition are designed to highlight the impact of the Court's most recent decisions on the field of law and religion. Here's a brief overview of the chapters:

1. Free Exercise of Religion: This chapter explores the evolving landscape of American religion, juxtaposed with the growing non-religion population. It includes a case study of United States v. Seeger, which serves as a seminal conscientious objection case. The chapter delves into the Court's interpretation of the religion clause and its implications for individuals and organizations.

2. Introduction to Establishment: This chapter provides an overview of the Establishment Clause jurisprudence and its evolution since the landmark case of Town of Greece v. Galloway. It examines the Court's interpretation of religious symbols, monuments, public funding of religion, and religious speech. The chapter also discusses the recent trends in Establishment Clause cases, such as the funding of religion in Trinity Lutheran Church v. Pauley, Espinoza v. Montana, and Carson v. Makin.

3. What is an Establishment of Religion? This chapter delves into the historical and constitutional underpinnings of the Establishment Clause. It examines establishment precedents related to religious symbols and monuments, public funding of religion, and religious speech. The chapter includes a case study of American Legion v. American Humanist Association, which upholds the peace cross on public property. It explores the Court's evolving approaches to these issues and their implications for religious freedom and public policy.

4. Constitutional Analysis: This chapter offers a comprehensive constitutional analysis of the issues discussed in the previous chapters. It examines the principles of religious freedom, separation of church and state, and the interplay between these two principles. The chapter also discusses the historical context of the Establishment Clause and its evolution over time.

In conclusion, the fifth edition of this book is a valuable resource for students, scholars, and legal professionals interested in law and religion. With the inclusion of a new author and updated content, it provides a comprehensive and timely examination of the evolving landscape of religious freedom in the United States. The interdisciplinary approach, student-friendly notes, and questions, and inclusion of non-Supreme Court cases make it an essential tool for understanding the complex interplay between law and religion in modern society.

Weight: 649g
Dimension: 254 x 186 (mm)
ISBN-13: 9781636597126
Edition number: 5 Revised edition