Frank Stuart Ravitch

Michigan State University | MSU · College of Law

Law School Casebook

Hornbook on Japanese Law

Church, State, and Family provides an engaging argument for the importance of family to religion and to civil society. In this book, John Witte, Jr. stakes out important ground, making powerful arguments for the social value of the family while also supporting the inclusion of LGBT families. Rather than defending the caricature of the “Christian” f...

This chapter considers the topic of same-sex marriage and the ordination of gay and lesbian clergy from the perspective of several religious traditions. The chapter focuses on the internal legal and theological struggles faced as these religions considered doctrinal and spiritual change to longstanding practices. Four religious traditions are explo...

This book explores different theories of law, religion, and tradition, from both a secular and a religious perspective. It reflects on how tradition and change can affect religious and secular legal reasoning, identifying the patterns of legal evolution within religious and secular traditions. It is often taken for granted that, even in law, chang...

Freedom’s Edge takes the reader directly into the heart of the debate over the relationship between religious freedom and LGBT and reproductive rights. The book explains these complex areas of law, and what is at stake in the battle to protect each of these rights. The book argues that religious freedom and sexual freedom share some common elements...

Religion and the State in American Law provides a comprehensive and up-to-date overview of religion and government in the United States, from historical origins to modern laws and rulings. In addition to extensive coverage of the religion clauses of the First Amendment, it addresses many statutory, regulatory, and common-law developments at both th...

The US Supreme Court’s decisions relating to law and religion have often been criticized. The source of the criticism frequently depends on the issues involved and the decision in a given case. There is no doubt, however, that some of these cases have occupied a central role in the evolving culture wars played out every day in the United States.

How can a nation protect fundamental rights and freedoms, including religious freedom, within a liberal democratic context? The objective of the essays presentedin this volume is to provide an overview of the principal modelsused to protect fundamental freedoms, and especially the right to freedom of belief,expression and practice of one’s religion...

Recently a new battle has emerged between science and religion. The battle has focused on intelligent design (ID) and the numerous legal, philosophical, and educational concerns surrounding it. Resolution of these concerns centers on two questions: Is ID science? And is ID religion? Despite the fact that ID does not meet the standards of scientific...

The Fourth R is a significant contribution to the ongoing discourse and debate regarding religion and the public schools. In this important work, Joan DelFattore traces the often bitter history of disputes over religion in the public schools. Her writing style is entertaining and accessible, but this does not take away from the scholarly depth and...

Many legal theorists and judges agree on one major premise in the field of law and religion: that religion clause jurisprudence is in a state of disarray and has been for some time. In Masters of Illusion, Frank S. Ravitch provocatively contends that both hard originalism (a strict focus on the intent of the Framers) and neutrality are illusory in...

This article was part of a symposium on the funding of religious institutions in light of Locke v. Davey. The article suggests that after Zelman v. Simmons-Harris it seems likely government entities may have to provide funding to religious entities who apply for such funding under a "neutral" funding program. The article also suggests that the Zelm...

Courts have repeatedly struggled with issues raised when the government displays religious objects and symbols or such objects are displayed by others on government property. Cases have involved objects such as Ten Commandments displays, creches (nativity scenes), Latin crosses, menorahs, and Christmas trees. The results in these cases, especially...

The use of the term "hostile" to describe the treatment of a person, idea, or entity generally implies that there is some negative intent or feeling involved - i.e., that the treatment is actually "hostile." Yet, when the United States Supreme Court has used that term in connection with government entities' treatment of religion, the Court has fail...

Bringing together detailed and useful discussion of hermeneutic, narrative, rhetorical, and deconstructionist criticisms of law in one volume is no small task. To do this and then make a strong case for an alternative conception of law in that same volume is a monumental undertaking. In "Literary Criticisms of Law," Binder and Weisberg engage in th...

In recent years the landscape of Establishment Clause jurisprudence has changed dramatically. Landmark decisions, such as Zelman v. Simmons-Harris, have placed significant emphasis on the concept of neutrality, specifically formal neutrality. Yet claims of neutrality cannot be proven. There is no independent neutral truth or baseline to which they...

What rights do public employees have to the same level of pension benefits when their positions are privatized? The literature on privatization does not deal with its impact on public employee pensions In 1997 the United States Supreme Court, in the Inter-Modal case, ruled that a private company cannot contract with another private company for the...

Intelligent design advocates argue that excluding intelligent design from educational and scientific environments discriminates in favor of methodological naturalism and against other approaches for understanding natural phenomena. These arguments are flawed both legally and philosophically. In order to succeed ID advocates need to demonstrate that...