Senior Seminar
First Amendment Freedoms: Religion Clauses
Spring 2015
Professor Zoë Robinson
The Basics
Class Meetings: Wednesdays 2.30-4.10pm
My Office Hours: Mondays 1-3pm, or by appointment
My Office: Room 738
My Phone Number: 312-362-8541
My Email Address: zrobins2@depaul.edu
Course Overview
This course explores religious freedom in America under the First Amendment. The focus
of the course is on the constitutional doctrines relating to the Free Exercise Clause and the
Establishment Clause of the First Amendment, as well as the underlying assumptions and
conflicts that have animated First Amendment constitutional argument over time. In light
of recent developments in law and religion, including the Contraception Mandate litigation
and the granting of special rights to so-called religious institutions, this is an exciting time
to study law and religion.
Course Requirements
You are required to:
(a) do all of the required reading carefully and on time;
(b) show up to class on time, prepared, and participate in class discussion;
(c) complete all assessment items.
Readings
Weekly reading assignments will be supplied by me both in hard copy (available outside
my office at least a week in advance) and in PDF files on the course D2L site.
In addition, I strongly recommend students purchase Eugene Volokh, Academic Legal
Writing. It is available on Amazon (http://www.amazon.com/Volokhs-Academic-LegalWriting-University/dp/1599417502/ref=sr_1_1?ie=UTF8&qid=1420398340&sr=81&keywords=eugene+volokh+academic+legal+writing). This book is exceptionally
helpful for students developing and writing legal research papers for the first time.
Note on reading assignments: the reading assignments will average 50-75 pages per class.
The readings themselves are challenging, so leave yourself sufficient time to complete
them. In addition, each class builds on the previous classes so you should not let yourself
get behind – it will be difficult to catch up.
Grading Policy
Your grade in this class will be determined by three (3) assessment items:
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(1) Class participation (30% of final grade);
(2) Weekly response papers (20% of final grade);
(3) Research paper (50% of final grade).
Attendance and Participation: This is a discussion seminar therefore participation is an
essential part of the class and your grade. Class attendance is mandatory. The issues we
will study are fascinating, but also challenging and active participation is essential to your
learning and understanding. Classroom participation will be measured by the quality and
not the quantity of your contributions. You are responsible for bringing a hard copy of the
readings to class every week.
You have one “free pass” for the semester where you can opt out of both class
participation and the related weekly response paper—if you choose to use a free pass, you
must email me by 9pm the day before class.
Weekly Response Papers: Each student is required to write a 500 word (about 2 doublespaced pages) response to the reading assignments every week. The response should
include a brief descriptive statement of the readings to demonstrate what the student
understood the readings to be saying, as well as a normative assessment of the doctrine
and/or claims made in the assigned law review articles. Consider this a first opportunity to
react to specific readings, raise further questions or critiques, draw connections to other
readings/themes of the course, and explain particular areas of interest. Most importantly,
the preparation of the response to the week’s reading should enable you to participate more
fully in class discussion.
Each response paper must be posted to the designated Dropbox link on the course D2L site
by 9pm on the Tuesday before our Wednesday class session.
You have one “free pass” for the semester where you can opt out of both class
participation and the related weekly response paper. No response paper is due in the first
class of the semester. Taking into account the one free pass, a total of six (6) response
papers are required across the semester. Only the best 4 response papers will count toward
your final grade.
In addition, you will be required to compile brief response questions to your fellow
students’ research papers (see below). You cannot opt out of the response questions.
Research Paper: Each student is required to write a major research paper of at least 25
pages double-spaced, inclusive of footnotes, with standard one-inch margins, and utilized
12 pint Times New Roman font (footnotes are to be 10 point font, Times New Roman and
single spaced). You will go through several guided stages to create and complete your
research paper. An appendix with tips on writing papers and a list of possible topics is
attached to the back of this syllabus.
Topic Selection: You should begin thinking about your paper topic in the first week of
classes, and I encourage you to come and talk to me about possible topics during office
hours or another time by arrangement. To facilitate your topic selection, each student will
be required to meet with me individually on February 4 during regularly scheduled class
time. Prior to our meeting, each student will be required to upload to the designated D2L
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Dropbox link a 2-3 paragraph summary of the topic that they are considering writing on (it
is acceptable to propose a couple of different ideas, but you will need to prepare the
summary paragraphs for each topic). Students must upload the topic summary by 5pm
Tuesday February 3.
Following our meeting, students will be required to submit a 2-3 page description of the
topic that we agreed upon in our meeting. In this description, you must explain your thesis,
the research that you have completed, and the research that remains. The topic description
is due by 9pm on Wednesday February 11.
Outline and Annotated Bibliography: Due February 25 by 9pm. Students must submit a
detailed outline of the paper (5-10 pages), with section headings and brief descriptions of
the arguments under each section heading. In addition, students must include an annotated
bibliography that includes at least 10 sources. In an annotated bibliography, you list each
source and provide a written description of the source and why it will be helpful to your
project.
First Draft of Paper: The first draft of your paper is due on Friday April 3 by 9pm. You
must upload a word file with your draft to the designated D2L Dropbox link. Following the
workshops you will meet with me for an individual conference.
Paper Workshops: On April 15 and April 22, students will present their papers to the class.
Students should prepare a 10-15 minute presentation of their paper, outlining the relevant
background, thesis, supporting arguments, the types of sources you are using, and the
implications of your findings. On April 7 and April 14, by 9pm, all students will be
required to submit 5 questions on each paper to the designated D2L Dropbox link, with a
one or two sentence statement on what motivated the question. The presenting students
should be prepared to answer these questions after the presentation.
Paper Conferences: On Wednesday April 8, students will meet with me individually to
discuss your paper drafts during regularly scheduled class time.
Final Draft of Paper: The final paper is due by Friday May 15 at 9pm, via the designated
D2L Dropbox link.
Summary of Important Dates
Every Tuesday by 9pm: 500 word response papers due on D2L
Tuesday February 3: Preliminary topic proposals due by 5pm
Wednesday February 4: Individual topic proposal meetings (during regularly scheduled
class time)
Wednesday February 11: final topic proposals due by 9pm
Wednesday February 25: Paper outline and annotated bibliography due at beginning of
class
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Friday April 3: First draft of paper due on D2L by 9pm
Wednesday April 8: individual conferences on first drafts (during regularly scheduled
class time)
Tuesday April 14: response questions for April 15 paper presentations due by 9pm
Wednesday April 15: paper workshops
Tuesday April 21: response questions for April 22 paper presentations due by 9pm
Wednesday April 22: paper workshops
Friday May 15: Final paper due by 9pm
Class Approach and Policies
Laptop Policy: No laptops are permitted. Please bring a hard copy of the reading
assignments and paper and a pen for taking notes.
Taping: No student is permitted to tape or record this class without my prior consent,
including via smartpen. Any student found recording the class without consent will be
reported for an Honor Code violation.
Approach: This class is a highly interactive course and you will be forced to think on your
feet about difficult and challenging constitutional arguments and moral issues. This is not a
primarily lecture-style course; instead, the course aims to develop your understanding of
the material though Socratic-style dialogue and class discussion.
Academic Integrity: Your response papers and research paper should reflect proper
citation form (Blue Book). You must provide accurate attribution for all quotations and for
every paraphrase or summation of another person’s ideas. If you need further discussion of
the definitions of plagiarism, please see “Rules for Working with Authority,” on the Legal
Writing Institute website at http://wiki.lwionline.org/index.php/Plagarism.
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Senior Seminar
First Amendment Freedoms: Religion Clauses
Spring 2015
Professor Zoë Robinson
Preliminary Syllabus
Note: Includes reading assignment for Weeks 1-3
Week 1
Topic 1: Core Issues in Religious Liberty: Survey of Constitutional
Questions and Historic Background
Class: January 14
Reading:
• Reading 1, The First Amendment Religion Clauses
• Reading 2, Greenawalt, RELIGION AND THE CONSTITUTION: FREE
EXERCISE AND FAIRNESS, pp.1-27
• Reading 3, Lupu and Tuttle, SECULAR GOVERNMENT, RELIGIOUS
PEOPLE, pp.1-39
• Reading 4, Contemporary Issues in Law and Religion
Week 2
Topic 2: Is Religious Freedom Possible in America?
Due:
• January 20, 500 word response paper (by 9pm)
Class: January 21
Reading:
• Reading 5, Some Statistics, pp.1
• Reading 6, Zoë Robinson, Religious Interest Groups in the
Legislative Process, forthcoming, EMORY L. J, pp.1-8; 14-55
• Reading 7, Gregory Sisk & Michael Heise, Ideology “All the Way
Down?,” 110 MICHIGAN L. REV. 1201, 1201-1207; 1229-1253;
1261-1263
• Reading 8, Mark Tushnet, Religion and the Roberts Court, pp.111
Week 3
Topic 3: The Free Exercise Clause and the Accommodations Debate:
Broad Exemptions for Religion
Due: January 27, 500 word response paper (by 9pm)
Class: January 28
Reading:
• Reading 9, Sherbert v. Verner, pp.1-4
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•
•
•
Reading 10, Wisconsin v. Yoder, pp.1-3
Reading 11, United States v. Lee, pp.1-3
Reading 12, Michael McConnell, Accommodation of Religion,
SUPREME COURT REVIEW, 1, 1-55
Week 4
No class, topic selection conferences
Due: February 3, Topic Summary (by 5pm)
Class: no class, individual topic selection conferences during class time,
sign up for session on D2L
Week 5
Topic 3: The Free Exercise Clause and the Accommodations Debate:
Narrow Exemptions for Religion and Statutory Protections for
Religion
Due: February 10, 500 word response paper (by 9pm)
Class: February 11
Reading: TBA
Week 6
Topic 4: The Free Exercise Clause and Religious Institutionalism
Due: February 17, 500 word response paper (by 9pm)
Class: February 18
Reading: TBA
Week 7
Topic 5: The Contraception Mandate
Due:
• February 24, 500 word response paper (by 9pm)
• February 25, paper outline and annotated bibliography (by 9pm)
Class: February 25
Reading: TBA
Week 8
Topic 6: The Establishment Clause and Legislative Prayer
Due: March 3, 500 word response paper (by 9pm)
Class: March 4
Reading: TBA
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Week 9
Topic 7: The Establishment Clause and Religion in Schools
Due: March 10, 500 word response paper (by 9pm)
Class: March 11
Reading: TBA
Week 10
Topic 8: The Establishment Clause and Religious Displays
Due: March 17, 500 word response paper (by 9pm)
Class: March 18
Reading: TBA
Spring
Break
Spring Break, March 25
Week 11
No Class on April 1—Writing Week
Due: April 3, research paper first draft due (by 9pm)
Week 12
No Class on April 8—Individual Conferences
Class: no class, individual conferences on first drafts during class time,
sign up for session on D2L
Week 13
Workshop Week
Due: April 14, response questions (by 9pm)
Class: April 15
Reading:
• Assigned student draft research papers (will be available on D2L)
Week 14
April 22
Workshop Week
Due: April 21, response questions (by 9pm)
Class: April 22
Reading:
• Assigned student draft research papers (will be available on D2L)
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Research Paper Tips and Possible Topics
You will find it much easier to write about a topic that interests you. You may select a law
and religion topic from the list below, from a subject in our casebook that interests you, or
from other interesting issues that you read about in the newspaper or elsewhere. A great
source of new topics and issues in law and religion is http://religionclause.blogspot.com/.
You may decide to write a detailed analysis about an important case or cases that present
issues not yet decided by the Supreme Court, a recent case decided by the Supreme Court,
an issue making its way through state courts or the lower federal courts, or a critical review
of new books about law and religion, or of the significant contributions of one or more
authors to law and religion.
Once you have a topic that interests you, you must spend time figuring out if there is
anything to say about it. The way to do that is by reviewing the literature to see what other
authors have written about that topic. You can do that by searching for law review articles
on Westlaw or Lexis. At this stage, your goal is to read a lot of materials—it is okay to
skim through them—to see what has been said. If you find the perfect article that says
exactly what you wanted to say, then you need to find something new and identify your
own ideas with your own thesis. The “A” papers will be those that offer an original
argument clearly presented.
Possible topics include:
1. How Illinois or other state laws addresses one or more of the topics studied in class;
2. How to teach religion in the public schools, and whether and how the Bible should be
taught;
3. The special standing rules for general grievances raising Establishment Clause claims;
4. The use of vouchers to fund education and social services;
5. Legal questions surrounding aid to faith-based organizations;
6. An important case or set of cases in the state or lower federal courts that raise important
issues, especially ones that may need resolution by the Supreme Court;
7. The influence of religion on the presidential campaign (or on other state and local
campaigns that may not attract as much media attention) and the appropriateness of that
influence;
8. An analysis of how issues of law and religion are treated in another legal system(s);
9. Homeschooling;
10. Prisoners’ free exercise rights and RLUIPA claims;
11. How RLUIPA is affecting neighborhoods or other questions about RLUIPA’s effect
and validity;
12. Church property disputes, especially those arising out of disagreements about
homosexuality and other moral questions;
13. Tax status of religious organizations;
14. Legal treatment of Native American religion or less traditional religions;
15. Right of church members to sue for return of contributions;
16. The role of churches in immigration disputes;
17. The role of religion in family disputes about child custody and divorce;
18. The expansion in conscience clause legislation;
19. Treatment of Islam in American law, e.g., oath-taking on the Qur’an, American civil
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religion, charitable contributions to Muslim groups, mosque construction;
20. Religious freedom as an international human right;
21. The ministerial exception to employment lawsuits;
22. The war over Christmas;
23. Does prosecution of terrorism lead to discrimination against religion?; or
24. The protection of religion in state RFRAs.
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