Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Notre Dame Law School (12)
- Boston University School of Law (6)
- University of Dayton (6)
- Columbia Law School (3)
- Cornell University Law School (3)
-
- William & Mary Law School (3)
- American University Washington College of Law (2)
- University of Georgia School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Case Western Reserve University School of Law (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Fordham Law School (1)
- Liberty University (1)
- Loyola University Chicago, School of Law (1)
- New York Law School (1)
- Rochester Institute of Technology (1)
- St. John's University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Nebraska - Lincoln (1)
- University of Pennsylvania Carey Law School (1)
- Western Kentucky University (1)
- Keyword
-
- Religion (15)
- First Amendment (5)
- Education (4)
- Education Law (3)
- Establishment Clause (3)
-
- Intelligent design (3)
- Parochial Schools (3)
- Public schools (3)
- Religious freedom (3)
- School choice (3)
- Civic education (2)
- Federalism (2)
- Schools (2)
- Science (2)
- Tolerance (2)
- Wisconsin v. Yoder (2)
- Abington School District v. Schempp (1)
- Abstinence-only sex education (1)
- Administration of Justice (1)
- Agnosticism (1)
- Americans (1)
- Amish (1)
- Anti-Catholicism (1)
- Athletics (1)
- Berkeley Journal of Employment & Labor Law (1)
- Berkeley Journal of Employment and Labor Law (1)
- Bigotry (1)
- Blaine Amendments (1)
- Burwell v. Hobby Lobby Stores (134 S. Ct. 2751 (2014)) (1)
- Cardozo Law Review (1)
- Publication Year
- Publication
-
- Journal Articles (12)
- Faculty Scholarship (10)
- Educational Leadership Faculty Publications (6)
- Faculty Publications (4)
- Cornell Law Faculty Publications (3)
-
- Scholarly Works (3)
- All Faculty Scholarship (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Articles & Chapters (1)
- Faculty Publications & Other Works (1)
- Faculty Works (1)
- LLM Theses and Essays (1)
- Law Faculty Articles and Essays (1)
- Nebraska College of Law: Faculty Publications (1)
- Parameters of Law in Student Affairs and Higher Education (CNS 670) (1)
- Popular Media (1)
- Presentations and other scholarship (1)
- Scholarly Articles (1)
- Senior Honors Theses (1)
Articles 31 - 53 of 53
Full-Text Articles in Religion Law
Note, Kdm Ex Rel. Wjm V. Reedsport School District, Kevin C. Walsh
Note, Kdm Ex Rel. Wjm V. Reedsport School District, Kevin C. Walsh
Scholarly Articles
No abstract provided.
Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin
Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin
Scholarly Works
No abstract provided.
Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett
Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett
Journal Articles
Thank you very much for this timely and important discussion on school choice, religious faith, and the public good.
First things first—Steven Green is right: The Cleveland school-voucher case is headed for the Supreme Court. And I am afraid that Mr. Green is also correct when he observes that the question whether the First Amendment permits States to experiment with meaningful choice-based education reform will likely turn on Justice O'Connor's fine-tuned aesthetic reactions to the minutiae of Ohio's school-choice experiment.
Putting aside for now the particulars of the Cleveland case, though, I would like to propose for your consideration a …
Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman
Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman
Cornell Law Faculty Publications
No abstract provided.
Religious Clubs In The Public Schools: What Happened After Mergens?, Dena S. Davis
Religious Clubs In The Public Schools: What Happened After Mergens?, Dena S. Davis
Law Faculty Articles and Essays
The Equal Access Act, upheld by the Supreme Court in Board of Education v. Mergens, requires public secondary schools to allow access to religiously based student groups on the same basis as other student clubs. Mergens presents many challenges to civil libertarians, who may find their traditional sympathies aligned on both sides of the issue. This article seeks to throw light on some of those issues by reporting on a research project that ascertained the actual effect of the Act on public high schools in Ohio.
Separation And Schools, Kent Greenawalt
Separation And Schools, Kent Greenawalt
Faculty Scholarship
In commenting on these rich papers by Michel Troper and Michael McConnell, I first analyze the implications of legal and political theory for religious liberty and separation of church and state. I then turn to underlying premises of modern liberal theory about moral education and tolerance among citizens. Lastly, I concentrate on separation as it affects the schooling of children. Despite Professor Troper's emphasis on the uniqueness of French understanding and history, I was struck by how closely French problems about schooling, and their possible resolutions, resemble those in the United States.
Prayer At Public School Graduation Ceremonies: Exercise In Futility Or A Teachable Moment?, Charles J. Russo
Prayer At Public School Graduation Ceremonies: Exercise In Futility Or A Teachable Moment?, Charles J. Russo
Educational Leadership Faculty Publications
Due to conflicting lower court judgments on the propriety of prayer at public school graduation ceremonies, this question will return to the Supreme Court. This article is divided into three major sections. Part I briefly recites the history of the Establishment Clause and education. Part II examines case law relevant to prayer at public school graduation ceremonies. This section begins with a brief examination of the cases prior to Lee. It next reviews the majority and dissenting opinions in Lee in some detail to show how the diametrically opposed views of Justices Kennedy of the majority and Scalia of the …
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
LLM Theses and Essays
Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …
Vouchsafing Democracy: On The Confluence Of Governmental Duty, Constitutional Right, And Religious Mission Symposium On Law And Religion, Ruti Teitel
Articles & Chapters
No abstract provided.
Of Pandas, People, And The First Amendment: The Constitutionality Of Teaching Intelligent Design In The Public Schools, Jay D. Wexler
Of Pandas, People, And The First Amendment: The Constitutionality Of Teaching Intelligent Design In The Public Schools, Jay D. Wexler
Faculty Scholarship
Despite the Supreme Court's 1987 decision in Edwards v. Aguillard, striking down Arkansas' statute requiring equal time for the teaching of creationism and evolution, the debate over whether some form of creationism should be taught in public schools has recently enjoyed a resurgence. In this note, Jay Wexler applies the Supreme Court's Establishment Clause to a new variant of creationism that posits the existence of an intelligent designer as an alternative to evolution. Wexler argues that teaching intelligent design theory in the public schools violates the Establishment Clause. After explaining that the Supreme Court has always applied the Establishment Clause …
Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent
Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent
Faculty Publications
No abstract provided.
Law And Environment In Modern America And Among The Hopi Indians: Comparison Of Values, John W. Ragsdale Jr
Law And Environment In Modern America And Among The Hopi Indians: Comparison Of Values, John W. Ragsdale Jr
Faculty Works
No abstract provided.
State Regulation Of Christian Schools, Neal Devins
State Regulation Of Christian Schools, Neal Devins
Faculty Publications
No abstract provided.
Fundamentalist Schools And The Law, Neal Devins
Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice
Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice
Journal Articles
The Christian school movement is the logical outgrowth of the dissatisfaction of some parents, particularly some fundamentalist Baptists, with what they regard as excessive secularism in the public schools. The controversy has already produced some definitive litigation, but much remains unsettled. On the one hand, public authorities contend the public school is truly neutral toward religion. Compulsory attendance laws and other regulations by the state of private education are seen as legitimate measures, pursuant to the police power, to achieve a minimal level of intellectual and civic competence among the young. On the other hand, objecting parents and pastors regard …
Prayer Amendment: A Justification, Charles E. Rice
Prayer Amendment: A Justification, Charles E. Rice
Journal Articles
It is customary for each house of Congress to open its daily sessions with prayer delivered by its Chaplain. One might conclude that if the lawmakers of the nation are entitled to ask for divine blessing upon their work, so are the rest of us, including school children. Not so. For the Supreme Court of the United States has drawn the line. Legislators may pray, so far at least, but school children may not. Thus it was that the courts intervened to prevent the holding of "a period for the free exercise of religion" in the Netcong, New Jersey, public …
The Principle Of Nondivisiveness And The Constitutionality Of Public Aid To Parochial Schools, C. Ronald Ellington
The Principle Of Nondivisiveness And The Constitutionality Of Public Aid To Parochial Schools, C. Ronald Ellington
Scholarly Works
The establishment clause issues in the three cases now before the Supreme Court [Tilton v. Richardson, Lemon v. Kurtzman, DiCenso v. Robinison] will be explored in this article in the light of a postulate and three derivative maxims which, it is suggested, are implicit in the Court's earlier religion clause cases, particularly Walz v. Tax Commission. It is the author's view that the establishment clause intends that government no be a divisive force in matters of religion and that analysis grounded in such a premise provides the surest delineation of the interests at stake in …
The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice
The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice
Journal Articles
In summary, it is fair to say that to regard the rule of the Judd case as retaining its original vitality would be to lend undue credence to an erroneous construction of the 1938 amendment to Section 3 of Article XI of the New York State Constitution. For, although that amendment provided only for transportation of pupils, it should be construed in its true light as a reaction to the Judd decision which called it forth. As such it specifically validated only the provision of transportation which the legislature had enacted in 1936 and which the Judd Court had nullified. …
The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice
The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice
Journal Articles
It is not my purpose here to discuss the possible extensions of the school prayer decisions. Rather, I am concerned only with the thought that the unqualified incorporation of the broad definition of religion into the establishment clause is perhaps the root fallacy in the Court's reasoning. In order to avoid an institutionalization of agnosticism as the official public religion of this country, the Court ought to acknowledge that nontheistic religions are not entitled to such unqualified recognition under the establishment clause as to bar even a simple governmental affirmation that in fact the Declaration of Independence is true when …
Federal Aid To Religious Schools - Introductory Note, Joseph O'Meara
Federal Aid To Religious Schools - Introductory Note, Joseph O'Meara
Journal Articles
The American people are confronted by a crisis of constitutional interpretation and educational policy, stemming from the Bishops' program for federal aid to parochial schools. As was to be expected, there has been much partisan clamor on both sides of the school-aid question but far too little rational discourse. That deficiency would be corrected if there were wide response to Monsignor Hochwalt's invitation: " . . . we'd like that whole question of whether we should or we shouldn't [receive financial aid from the federal government] and the constitutionality and desirability and all the rest of it to be discussed …
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert E. Rodes
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert E. Rodes
Journal Articles
Confusion Twice Confounded is sufficiently typical of a growing body of literature to warrant more extensive treatment than is usually accorded in a book review. It analyzes at great length the opinions in the Everson and McCollum cases and criticizes them in the light of the historical background of the First Amendment. Everson, it will be recalled, derived from the Founding Fathers the doctrine that the Constitution required a "wall of separation between church and state," which was not breached by public payment of transportation to and from parochial schools. McCollum used the test laid down in Everson to invalidate …
Book Review, Clarence Emmett Manion
Book Review, Clarence Emmett Manion
Journal Articles
Reviewing: Religion and Public Education by V. T. Thayer (Toronto: Macmillan Co. 1947).
Church, The State, And Mrs. Mccollum, Clarence Emmett Manion
Church, The State, And Mrs. Mccollum, Clarence Emmett Manion
Journal Articles
On March 8, 1948 the Supreme Court of the United States decided in substance that this language prohibits the tax-supported city school systems of the State of Illinois from assisting and encouraging general religious instruction. Just how a constitutional restriction against specified congressional action can possibly impede the activity of a local Illinois school board is an inglorious mystery of modern constitutional construction.
In one way or another however, and for one reason or many, the Court decided eight to one that when the First Amendment says "Congress" it means, among other things, a local school board and when it …