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Religion In The Schools, Mark Strasser
Religion In The Schools, Mark Strasser
Mark Strasser
This Article traces the development of modern Establishment Clause jurisprudence with respect to religion in the public schools, noting how the Court’s analyses and justifications have changed over time, protestations to the contrary notwithstanding. The Article examines how the logic of the Court’s current approach would permit practices long thought to violate Establishment Clause guarantees, concluding that the current approach is radically misconceived as a matter of both constitutional law and good public policy.
Repudiating Everson: On Buses, Books, And Teaching Articles Of Faith, Mark Strasser
Repudiating Everson: On Buses, Books, And Teaching Articles Of Faith, Mark Strasser
Mark Strasser
Ever since deciding Everson v. Board of Education, the Court has wrestled with the proper way to characterize the limitations imposed on the states by the Establishment Clause. Many of the cases have involved the extent to which the state can give aid to the parents of children attending primary and secondary sectarian schools. The Court’s understanding of the limits on this kind of aid has changed markedly over the past sixty years, having first involved an analysis of the degree to which the state would be aiding religious teaching and then having changed to an analysis of whether the …