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Burkholder, John David – Journal of Law and Education, 1989
Religious rights of teachers are affected in three primary areas of activities: (1) outside the school environment; (2) inside the school environment; and (3) inside the classroom. These issues are examined from the perspective of the constitutional principles involved. (MLF)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Public Schools

Bjorklun, Eugene C. – Religion & Public Education, 1992
Reviews the controversy of teaching evolution and creationism in public schools from the early years of the twentieth century until today. Identifies two stages of the legal challenges to the teaching of evolution. Contends that academic freedom issues may provide another avenue to the Supreme Court for those supporting creationism. (CFR)
Descriptors: Academic Freedom, Civil Liberties, Constitutional Law, Creationism

Pitts, Mark – Religion & Public Education, 1992
Reviews the constitutions of several western states that provide an absolute barrier between religion and public education. Asserts that these laws were passed after the Civil War when concern about minority religious influence in some states was high. Maintains that these state laws may be the next battleground in the ongoing controversy about…
Descriptors: Constitutional Law, Elementary Secondary Education, Federal State Relationship, Government Role

Khan, Anwar N. – Journal of Law and Education, 1999
Canadian public education has become secularized. Although the Charter's language on freedom of conscience and religion prohibits religious indoctrination in schools, it does not proscribe education about religion. Generally, Canadian courts have followed and accepted American developments in this regard but have avoided byzantine judgments on…
Descriptors: Comparative Education, Constitutional Law, Cultural Pluralism, Elementary Secondary Education
Russo, Charles J.; Mawdsley, Ralph D. – School Business Affairs, 2002
Describes the facts and state and federal constitutional law related to "Zelman v. Simons-Harris," a Cleveland school-voucher case before the United States Supreme Court. Argues that the Court will likely uphold the constitutionality of the Cleveland voucher program, finding that it does not advance religion in violation of the First…
Descriptors: Constitutional Law, Court Litigation, Educational Vouchers, Elementary Secondary Education
Larson, Lisa – 1995
Many states are looking at education vouchers and asking whether a market solution can improve the quality of public education. The answer partially depends on how government and religion will interact and whether states' constitutions or the religion clauses in the United States Constitution will permit voucher plans to include religious schools.…
Descriptors: Constitutional Law, Court Litigation, Educational Vouchers, Elementary Secondary Education
Larson, Lisa – 1998
An examination of the constitutionality of education vouchers is presented in this paper. It discusses Minnesota's relevant constitutional provisions, constitutional challenges to education vouchers in other states, and federal constitutional provisions that are implicated in these discussions. In Minnesota, various challenges have been raised…
Descriptors: Constitutional Law, Educational Vouchers, Elementary Secondary Education, Federal Government
Barham, Frank E.; And Others – 1986
Although schools cannot actively promote religiously-oriented activity, neither can they prohibit such activity. The 98th Congress passed the Equal Access Act in an attempt to ground students' rights to practice religion in the schools in well-established constitutional principles requiring equal treatment, protecting student-initiated meetings,…
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Federal Courts

Riga, Peter J. – Journal of Law and Education, 1977
Reviews Supreme Court decisions involving conflict between the individual's freedom of religion and the state's interest in compulsory education, with particular emphasis on the implications of Yoder v. Wisconsin and its legal antecedents. (JG)
Descriptors: Constitutional Law, Elementary Secondary Education, Religious Cultural Groups, School Attendance Legislation
Hansen, J. Mark – Tennessee Law Review, 1979
Rather than allowing the unconstitutional Bible study program to remain in the schools in a modified form, the Court should have opted for a released-time arrangement. Available from Tennessee Law Review Association, Inc., 1505 W. Cumberland Ave., Knoxville, TN 37916. (Author/IRT)
Descriptors: Biblical Literature, Civil Liberties, Constitutional Law, Court Litigation

Dover, Thomas E. – University of Dayton Law Review, 1979
Examines state laws requiring the vaccination and immunization of school children and the effect on fundamental religious rights and right of personal privacy. Journal availability: see EA 512 079. (Author/IRT)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Elementary Secondary Education
Curiale, Richard J. – Catholic Lawyer, 1978
Highlights the constitutional and judicial principles that the Supreme Court will apply if and when it is called on to decide the issue of National Labor Relations Board jurisdiction over religious schools. Available from Business Manager, The Catholic Lawyer, Fromkes Hall, Grand Central and Utopia Pkwys, Jamaica, New York 11439; sc $1.50.…
Descriptors: Administrative Agencies, Catholic Schools, Constitutional Law, Elementary Secondary Education
Sergent, Gary J. – Northern Kentucky Law Review, 1979
Examines three areas of state-church confrontation in Kentucky--state provision of textbooks for private schools, state regulation of private sectarian schools, and state requirement that all schools display a copy of the Ten Commandments. Available from Northern Kentucky Law Review, Salmon P. Chase College of Law, 1401 Dixie Highway, Covington,…
Descriptors: Accreditation (Institutions), Constitutional Law, Court Litigation, Elementary Secondary Education
McCarthy, Martha M. – West's Education Law Quarterly, 1996
The United States Supreme Court has refused to articulate a hierarchy among the guarantees of speech, press, assembly, and petition. The Court also has avoided specifying whether expression rights or safeguards against religious establishment are dominant. Addresses litigation indicating that free speech protections prevail when they collide with…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Dickinson, Greg M. – School Business Affairs, 1997
In Ontario, Canada, the 19th-century educational imperative of indoctrinating public school students in a common Christianity became intolerable, given the province's increasingly pluralistic population. Most vestiges of religious practice and instruction have been swept from public schools. Religious minorities' preference for a unitary,…
Descriptors: Catholics, Constitutional Law, Cultural Pluralism, Elementary Secondary Education