Abstract

i. A Realist Introduction to the Discriminatory Funding Cases 174 2. Penalties Versus Refusals To Fund. 175 (a) The Error in the Abortion Analogy: Burden Rights and Neutrality Rights..... 176 (b) Separating Funded and Unfunded Activities 178 3. O ther Lim its to the H olding. ........ 183 (a) Religious Intensity of the Program Where Funds Are Used 184 (b) B ad M otive 187 (c) Speech.. ..... 191 4. The Hazards of Governmental Discretion 195 II. DAVEY AND THE REGULATION CASES 200

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