Using recent establishment clause decisions concerning vocal prayer, silent meditation, and prayer groups in the public schools, this article suggests that courts have applied the seemingly consistent doctrine of the tripartite test to arrive at quite different results, based in part on extralegal sources. Two such sources are the attitudinal…

The purpose of this study was to derive an operational definition of local control and to devise a model, the Local Control Index, for classifying degrees of local control by using the education codes of eight states--Arizona, California, Illinois, Mississippi, New Mexico, New York, Oklahoma, and Texas. The Local Control Index consists of four…

This paper argues that courts have tended to identify and enforce individual rights at the expense, in many instances, of the ability of school boards and legislatures to carry out what they perceive to be the will of the majority of voters in their jurisdictions. The trend emphasizing individual rights began in 1954 with the Supreme Court…

This monograph analyzes contemporary legal controversies concerning religion, the states, and the schools and the interface between law and education. The introduction provides an overview of issues treated in the following seven chapters and includes a series of tables that place recent controversies in the historical context of prior U.S.…