Establishment clause, Religious liberty, Kent Greenawalt
Constitutional Law | First Amendment | Religion Law
This short piece comments on Kent Greenawalt's new book, Religion and the Constitution: Establishment and Fairness. It argues that although Greenawalt's eclectic approach carries certain obvious costs, his theory cannot be evaluated without comparing its advantages and disadvantages to those of its competitors. It concludes by giving some sense of what that comparative calculus might look like.
Tebbe, Nelson, "Eclecticism," 25 Constitutional Commentary 317 (2008)