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Majority Opinion
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O'Connor, J. (joined by Rehnquist, C.J., Scalia, J., Kennedy, J. & Thomas, J.) |
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Dissenting Opinion
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Souter, J. (joined by Stevens, J., Ginsberg, J, & Breyer, J. in part) & Ginsberg, J.(joined by Stevens, J., Souter, J. & Breyer, J.) |
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Lower Court
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2nd Circuit |
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Lower Court Ruling
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Establishment clause claim affirmed. |
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Oral Arguments
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Audio
[Oyez]
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| Lawyers |
Stanley Geller (for private Respondents)
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| Briefs |
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| Opinion - Lower Court |
Felton v. Secretary, United States Department of Education, 101 F.3d 1394 (2nd Cir., 1996) (ruling without opinion)
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| News |
Biskupic, Joan & Goodstein, Lauri, "Church-State Divide Narrowed; Taxpayer-Funded Teachers Allowed to Tutor in Parochial Schools, Washington Post, June 24, 1997, sect A, p. 1
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Biskupic, Joan, "Justices Mull Church-State Teacher Dispute; Justice Dept. Seeks Reversal of Ban on Public Aid in Religious Schools," Washington Post, April 16, 1997, sect. A, p. 6
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Greenhouse, Linda, "Court Eases Curb on Providing Aid in Church Schools," New York Times, June 24, 1997, sect A, p. 1
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Greenhouse, Linda, "Justices Look Anew at a Landmark Church-State School Case," April 16, 1997, sect. D, p. 23
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Henry, Tamara & Sharn, Lori, "Schools decision could affect rulings on vouchers," USA Today, June 24, 1997, sect A, p. 3
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Hood, Kili, "Court OK's religious school aid; Ruling ends a 12-year ban on public role," Boston Globe, June 24, 1997, sect A, p. 1
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Mauro, Tony, "Uphill Battle in Church-State Case," Legal Times, April 14, 1997, p. 8
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Murray, Frank J., "Justices rule for parochial schools; Remedial classes may be held there," Washington Times, June 24, 1997, sect A, p. 12
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Savage, David, "Justices Lower a Churech-State Barrier," Los Angeles Times, June 24, 1997, p. 10
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Wise, Daniel, "City's Novel Strategy to Vacate Order; 12-Year-Old Ban in Special Education Case Before Supreme Court," New York Law Journal, April 14, 1997, p. 1
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Wise, Daniel, "Parochial School Teaching May Be Paid by Fed'l Funds," New York Law Journal, June 24, 1997, p. 1
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Wise, Daniel, "Tough Questions by Justices In N.Y. Church-State Case," New York Law Journal, April 16, 1997, p. 1
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| Other |
Barron, Jerome & Dienes, C. Thomas, FIRST AMENDMENT LAW (Thompson/West, 2000), pp. 461-469
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Baxter, Hugh, "Managing Legal Change: The Transformation of Establishment Clause Law," 46 University of California Law Review 343 (1998)
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Case Note, 111 Harvard Law Review 279 (1997)
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Case Note, 35 Houston Law Review 1333 (1998)
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Case Note, 71 Temple Law Review 1045 (1997)
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Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (Aspen, 2nd ed., 2002), sects. 12.2.2 & 12.2.3 & 12.2.6.2
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Hamilton, Marci A., "The Religious Freedom of Restoration Act is Unconstitutional, Period," 1 University of Pennsylvania Journal of Constitutional Law 1 (1998)
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Marks, Thomas C., & Bertolini, Michael, "Lemon is a Lemon: Toward a Rational Interpretation of the Establishment Clause," 12 Brigham Young University Journal of Public Law 1 (1997)
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Morrissey , Daniel J., "The Separation of Church & State: An American Catholic Perspective," 47 Catholic University Law Review 1 (1997)
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Nowak, John & Rotunda, Ronald, PRINCIPLES OF CONSTITUTIONAL LAW (Thompson/West, 2004), sects. 17.3 & 17.4
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Press Release, "Rep. Canady Applauds Decision," June 23, 1997 (Chairman of the House Judiciary Subcommittee on the Constitution)
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Sedler, Robert A., "Symposium: The Establishment Clause in Litigation," 43 Wayne Law Review 1317 (1997)
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Symposium, "Protecting Religious Liberty in the New Millennium," 32 Loyola Los Angeles Law Review 1 passim (1998)
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Vaccari , Michael A., "Public Purpose & the Public Fundingof Sectarian Educational Institutions: A More Rational Approach after Rosenberger & Agostini," 82 Marquette Law Review 1 (1998)
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Waite, Jason N., "Agostini v. Felton: Thickening the Establishment Clause Stew," 33 New England Law Review 81 (1998)
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Witte, Jr., John, RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT (Westview, 2000), pp. 177-179
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