SGER: Law, Church and State, and the Public-Private Dichotomy

University Of Kentucky Research Foundation, Lexington KY

Investigators

Abstract

This project, submitted under the Small Grant for Exploratory Research (SGER) program, will examine the impact of legal structures and institutions on federal district court decision making. In particular, the investigator will examine proceedings in Pedreira v. Kentucky Baptist Homes in the Western District Court of Kentucky. This case presents the question of whether the use of religious organizations to provide welfare services creates a constitutional violation under the establishment clause. Using material gleaned from ongoing court hearings and the parties' court filings, the investigator will test the impact of the legal structures and institutional arrangements on the policies expressed by the court. This research will advance the understanding of the influence of legal institutions on judicial decision making. This is especially pertinent at the district court level given the variance in institutional structures found across districts.