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August 20, 2002 <br />Page 4 <br />higher standard under the Establishment Clause and that these "super Establishment Clause" <br />rationales justified the discriminatory action. <br />These two recent cases exemplify the new reality that prudence favors inclusion rather <br />than discrimination against religious viewpoints. <br />I have written extensively about these cases (and many others) in a series of articles over <br />the last few years, which may be found on our website at www icPmillPr cnm I have taken the <br />liberty of enclosing a brief August update to these articles dealing in more depth with the <br />Tennessee decision regarding David Lipscomb University as well as an Executive Summary of <br />our July update dealing with Zelman. <br />Thanks very much. <br />Most cordially yours <br />ICE <br />Jeff <br />JOL:Ib <br />INDY 1037637-1 <br />