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Bolick, Clint – Education Next, 2017
This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…
Descriptors: Federal Courts, Judges, Personnel Selection, Decision Making
Splitt, David A. – Executive Educator, 1984
In "Lynch v. Donnelly" (the Pawtucket, Rhode Island, creche decision), the United States Supreme Court has signaled its willingness to give greater latitude to government involvement in religious activity. (TE)
Descriptors: Court Litigation, Federal Courts, Government Role, Religious Factors

Bjorklun, Eugene C. – West's Education Law Reporter, 1990
Because of the lack of a definitive United States Supreme Court decision on prayers at graduation, school officials are left without clear direction. Analyzes two decisions that illustrate the differences in judicial opinion on the legality of prayers at graduation ceremonies. (MLF)
Descriptors: Court Litigation, Federal Courts, Graduation, High Schools

Schimmel, David – West's Education Law Reporter, 1989
Explores the opinions of Justice Rehnquist in issues concerning religion and public education; observes that the Supreme Court appears just one vote away from shifting church/state issues to the local level; and urges those concerned with constitutional values and public education to reexamine the Bill of Rights. (MLF)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts

Toscano, Paul James – Brigham Young University Law Review, 1979
Argues that the Supreme Court has two definitions of religion and that secularism qualifies under one of them, that public schools foster secularism, and that separation of church and state should be replaced by court approval of "religious balance." Available from J. Reuben Clark Law School, Provo, UT 84602. (Author/IRT)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Federal Courts

Delon, Floyd G. – West's Education Law Reporter, 1990
A school dance in Purdy, Missouri, occurred only because a federal district court prohibited enforcement of the school board's policy barring social dancing on school property. The commentary examines that district court opinion, subsequent events in the community, the appeal, and the Eighth Circuit Court's holding in the case. (MLF)
Descriptors: Court Litigation, Dance, Elementary Secondary Education, Federal Courts
Osborne, Allan G., Jr. – West's Education Law Quarterly, 1994
Several court cases have involved the provision of special education services to students who attend parochial schools. In "Zobrest," the Supreme Court ruled in favor of providing a sign-language interpreter to a parochial school student. Reviews that decision against the backdrop of establishment clause decisions in general. (MLF)
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Federal Courts

Tanford, J. Alexander – Journal of Law and Education, 1995
Critically examines and responds to the persistent argument by religionists that high school graduation prayer is somehow constitutional despite "Lee versus Weisman." Addresses the loopholes advocated and concludes that the courts have clearly rejected each of them. (183 footnotes) (MLF)
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, High Schools
McCarthy, Martha M. – Wests's Education Law Quarterly, 1993
Explores the background of the "Lee" case, in which the Supreme Court, by a 5-4 decision, declared that graduation prayers violated the Establishment Clause of the First Amendment. Cites implications of the Supreme Court for future Establishment Clause cases. (54 footnotes) (MLF)
Descriptors: Commencement Ceremonies, Elementary Secondary Education, Federal Courts, Public Schools

Morris, Arval – West's Education Law Reporter, 1990
Traces legislative history of the Equal Access Act of 1984 and the United States Supreme Court Justices' reasoning in the "Mergens" decision. At least six justices seem to agree that the proper Establishment Clause doctrine is that government can accommodate religion so long as its accommodation is neutral. (MLF)
Descriptors: Court Judges, Court Litigation, Extracurricular Activities, Federal Courts
Flygare, Thomas J. – Phi Delta Kappan, 1985
U.S. Supreme Court decisions handed down in June and July 1985 rejected the use of silent periods for religious purposes in the public schools, and restricted the use of public funds to support supplemental educational programs in parochial school settings. (PGD)
Descriptors: Court Litigation, Elementary Education, Federal Courts, Parochial Schools

Mawdsley, Ralph D. – West's Education Law Reporter, 1990
Compares the Supreme Court ruling in "Employment Division, Department of Human Resources of Oregon v. Smith," involving the denial of unemployment compensation to two employees discharged because they ingested peyote, to "Wisconsin v. Yoder," mandating exemption to Amish parents of the state's uniformly applied compulsory…
Descriptors: Civil Rights, Court Litigation, Elementary Secondary Education, Federal Courts
Colwell, W. Bradley; Thurston, Paul W. – West's Education Law Quarterly, 1995
Discusses reasons why the "Lee v. Weisman" Supreme Court decision that held unconstitutional a Rhode Island school policy for prayer at a junior high school commencement does not extend to the university level. Concludes that an appropriately worded commencement prayer could pass the three-part "Lemon" threshold and not violate…
Descriptors: Commencement Ceremonies, Constitutional Law, Court Litigation, Federal Courts
Bjorklun, Eugene C. – West's Education Law Quarterly, 1992
Examines the issue of whether implementation of the Equal Access Act would violate the constitutions of some states that require a stricter separation of church and state than the federal Constitution. (MLF)
Descriptors: Court Litigation, Federal Courts, Public Schools, School Law
Huefner, Dixie Snow – West's Education Law Quarterly, 1994
In "Zobrest," the Supreme Court ruled in favor of public financing of a sign language interpreter for a profoundly deaf student at a sectarian school. Briefly describes the three sets of legitimate and competing claims. (75 footnotes) (MLF)
Descriptors: Catholic Schools, Court Litigation, Deaf Interpreting, Deafness