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Brave New School: A Constitutional Argument Against State-Mandated Mental Health Assessments In Public Schools, Jennifer H. Gelman
Brave New School: A Constitutional Argument Against State-Mandated Mental Health Assessments In Public Schools, Jennifer H. Gelman
Northern Illinois University Law Review
This comment examines the constitutionality of emotional health assessments in public schools. Despite the Supreme Court's recognition nearly a century ago that parents have a right to control the education of their children, American courts have grown increasingly hostile to parental interests in conflicts between parent and school. The author explores the possibility that the Court's reaffirmation of parental rights in Troxel v. Granville (2003) could be invoked in certain cases to reverse that trend. It is argued, in particular, that parental objections to school involvement in emotional health determinations ought to merit some form of heightened scrutiny.
Clayton V. Place: Dancing Around The Establishment Clause -- Religion In The Public Schools, Paul T. Donahue
Clayton V. Place: Dancing Around The Establishment Clause -- Religion In The Public Schools, Paul T. Donahue
Northern Illinois University Law Review
This note examines the Eighth Circuit Court of Appeal's decision refusing to strike down a public school board rule which prohibited social dancing inside the public schools of Purdy, Missouri. The issue facing the court was how far local religious groups could go in influencing public school policy. The court of appeals reversed the ruling of the trial court which found that the prohibition on social dancing was a result of local religious pressure and thus in violation of the Establishment Clause of the Federal Constitution. The author concludes that the decision of the court of appeals ignored the power …