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- Title
Changing the Rules of Establishment Clause Litigation: An Alternative to the Public Expression of Religion Act.
- Authors
Tomlinson, Christopher D.
- Abstract
The article focuses on the Public Expression of Religion Act's (PERA) plan to amend federal statutes to allow plaintiffs who challenge government action as violating the Establishment Clause. According to the article, the transformation of the federal statutes would be different from the current federal law and practice which plaintiffs who are fortunate in a lawsuit imparted by the Establishment Clause may retrieve the attorneys' fee from the suspect whether local, state or federal. The article also acknowledges the plaintiffs' excessive amount of leverage when they take an Establishment Clause claim. Moreover, part of this article discusses the background of the bill, demonstrates its provisions in detail and analyzes the debates encompassing the bill.
- Subjects
CLAUSES (Law); FEDERAL laws; FREEDOM of religion; LEGISLATIVE amendments; JUDICIAL process; STATUTES; LEGAL composition; ACTIONS &; defenses (Law); IMMUNITY
- Publication
Vanderbilt Law Review, 2008, Vol 61, Issue 1, p261
- ISSN
0042-2533
- Publication type
Article