CONSTITUTIONAL LAW
W.B. Fisch Fall 2003
Assignment #48
[Chapter 17. RELIGION AND THE CONSTITUTION
[1. The Establishment Clause
[C. Financial
Aid to Church-Related Schools and Church-Related Instruction]
2. Higher Education
ROEMER V. BOARD OF PUBLIC WORKS, p. 1643 (1976).
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What governmental action, for what purpose?
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What test does the Court apply?
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Which elements of the test are problematical for this governmental
action?
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does the case rest on assumptions about how the sectarian
mission of church-related colleges would likely affect secular instruction
on their premises, comparable to those made in Aguilar and Ball,
repudiated in
Agostini?
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how does the category "all private colleges" differ from
the category "all private schools", in relation to the elements of the
Lemon
test?
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n.b.: the statutory eligibility criteria excluded
institutions that grant only seminarian or theological degrees
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what kind of post-grant monitoring did the state impose on
the recipient institutions?
ROSENBERGER V. UNIVERSITY OF VIRGINIA, p. 1648 (1995).
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What governmental action, with what purpose?
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Is this an Establishment Clause case, or a Free Speech case?
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How does this action differ from
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the subsidy in Roemer?
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the use of university facilities in Widmar, or of
school facilities in Lamb's Chapel?
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the use of public property in Capitol Square?
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Is it different enough to warrant a different result, as
the dissent argues?