•  
  •  
 

Authors

Steven D. Smith

Document Type

Symposium

Abstract

(Excerpt)

It is not usual for legal scholars working in establishment clause jurisprudence-and it is especially not usual for me-to say nice things about what the Supreme Court has done to the subject. But that is what I mean to do today. I don't want to be too agreeable or cheerful, though, so this time, although commending the Court, I am going to take issue with the commentators. More specifically, I want to praise a recent development that most commentators seem to deplore-namely, the Court's recent practice of using the slightly disreputable doctrine of standing as a device to avoid deciding Establishment Clause cases on the merits.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.