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Authors

Bill Peters

Document Type

Article

Media Type

Text

Abstract

This Casenote discusses the Supreme Court opinion in Lyng v. Northwest Indian Cemetery Protective Association, which approved road construction across land held sacred by various North American Indian tribes. The Note examines the free exercise clause of the first amendment under which the Indians challenged the Forest Service project, and that clause's development through constitutional case law as a guarantee of fundamental religious rights. This Note suggests that the Court's incremental departure from strict scrutiny analysis in free exercise controversies has, at least for Native Americans, culminated with the decision in Lyng.

First Page

419

Last Page

438

Publication Date

5-1-1989

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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