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Showing 1 to 15 of 117 results Save | Export
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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
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McCarthy, Martha – Journal of Education Finance, 2007
Allowing public funds to be used for tuition and other expenses in private schools through a voucher system has been the source of debate in legislative and educational forums for almost half a century, but only recently have school vouchers become a serious school reform strategy. This article provides a brief overview of the voucher plans…
Descriptors: Educational Vouchers, Court Litigation, State Courts, Constitutional Law
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Freedman, Eric – American Indian Quarterly, 2007
This article traces the Devils Tower litigation in the context of the "Bear Lodge" alliance's theoretical underpinnings, particularly the interrelationship among culture, geographic place, and religion, as well as the institutional mechanisms that regulate litigation alliances in the U.S. judicial system. It discusses principal factors…
Descriptors: Court Litigation, Cooperation, American Indians, American Indian Culture
Marshall, Joanne M. – School Administrator, 2008
Public schools, since their founding in America in 1647, have reflected the demographic characteristics of the communities in which they are located. Because the United States has, until recently, been mostly Protestant Christian, many schooling practices have built upon the values of this faith. Pupils have sung Christmas songs at Christmas…
Descriptors: Ceremonies, Federal Courts, Constitutional Law, State Church Separation
Zirkel, Perry A. – Phi Delta Kappan, 2003
Analyzes California case ("Newdow v. U.S. Congress") involving Constit utional challenge to the phrase "under God" in the Pledge of Allegiance wherein the Ninth Circuit Court of Appeals held that the phrase violated the Establishment Clause requiring state-church separation. (Contains 11 references.) (PKP)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, State Church Separation
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Epley, B. Glen – NASSP Bulletin, 2007
Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…
Descriptors: Court Litigation, Constitutional Law, Public Schools, State Church Separation
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
Flygare, Thomas J. – Phi Delta Kappan, 1976
A federal court held that a state law requiring one minute of meditation or prayer in the public schools is legal. (IRT)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Flygare, Thomas J. – Phi Delta Kappan, 1982
The U.S. Supreme Court decision in "Valley Forge Christian College v. Americans United for Separation of Church and State, Inc." may indicate a reluctance to involve federal courts in cases concerning issues such as school prayer, the science curriculum, and the selection of textbooks and library books. (Author/WD)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Higher Education
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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
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Russo, Charles J.; Mawdsley, Ralph D. – Education and the Law, 2004
In "Elk Grove Unified School District v Newdow" ("Elk Grove"), the Supreme Court, in an 8-0 judgment, with three concurrences, upheld the words "under God" in the Pledge of Allegiance. In light of the uproar caused by "Elk Grove", this article is divided into three parts. After reviewing the history of the Pledge the second section examines the…
Descriptors: Court Litigation, Federal Courts, Constitutional Law, Patriotism
Dowling-Sendor, Benjamin – American School Board Journal, 2002
Analyzes recent U.S. Supreme Court's 5-4 decision in "Zelman v. Simmons-Harris," upholding the constitutionality of Cleveland's voucher program that provided public funds to private religious schools. Majority held that voucher program did not violate the Establishment Clause of the 14th Amendment. (PKP)
Descriptors: Court Litigation, Educational Vouchers, Elementary Secondary Education, Federal Courts
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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
Zirkel, Perry A.; Gluckman, Ivan B. – Principal, 1982
In 1982 in "Lubbock Civil Liberties Union v. Lubbock Independent School District," the Fifth Circuit Court ruled unconstitutional a school policy allowing meetings after school hours for moral, religious, or ethical purposes. Federal courts have struck down other similar policies. (Author/JM)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Religion
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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
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