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Articles 1 - 30 of 35
Full-Text Articles in Law
Education Funding In Maine In Light Of Zelman And Locke: Too Much Play In The Joints?, Sarah M. Lavigne
Education Funding In Maine In Light Of Zelman And Locke: Too Much Play In The Joints?, Sarah M. Lavigne
Maine Law Review
The United States Supreme Court has struggled with the countervailing directives of the Free Exercise Clause and the Establishment Clause for decades. One area in which this battle has been particularly contentious is the issue of public funding of religious schools. On one hand, opponents argue that such funding is an impermissible co-mingling of church and state, thereby violating the Establishment Clause. Meanwhile, proponents of public funding of religious schools argue that, to withhold funding from religious schools would place a burden on those wishing to send their children to religious schools, thereby impermissibly preventing individuals from practicing their faith …
Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman
Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman
Stephen D Sugarman
This article argues that it is unconstitutional for state charter school programs to preclude faith-based schools from obtaining charters. First, the “school choice” movement of the past 50 years is described, situating charter schools in that movement. The current state of play of school choice is documented and the roles of charter schools, private schools (primarily faith-based schools), and public school choice options are elaborated. In this setting I argue a) based on the current state of the law it would not be unconstitutional (under the First Amendment’s Establishment Clause) for states to elect to make faith-based schools eligible for …
The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin
The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin
Steven H. Shiffrin
Criticism of American public schools has been a cottage industry since the Nineteenth Century. In recent years the criticism has gone to the roots. Critics charge that to leave children imprisoned in the public school monopoly is to risk the standardization of our children; it is to socialize them in the preferred views of the State. They argue that it would be better to adopt a system of vouchers or private scholarships to support a multiplicity of private schools. A multiplicity of such schools, it is said, would enhance parental choice, would foster competition, and would promote a diversity of …
The Week After, Lawrence K. Karlton
Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey
Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey
Pepperdine Law Review
No abstract provided.
Marsh V. Chambers: The Supreme Court Takes A New Look At The Establishment Clause, Diane L. Walker
Marsh V. Chambers: The Supreme Court Takes A New Look At The Establishment Clause, Diane L. Walker
Pepperdine Law Review
No abstract provided.
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead
Pepperdine Law Review
No abstract provided.
Why Non-Discrimination Policies In Higher Education Require A Second Look: The Battle For First Amendment Freedom In The University Setting, Rebecca D. Ryan
Why Non-Discrimination Policies In Higher Education Require A Second Look: The Battle For First Amendment Freedom In The University Setting, Rebecca D. Ryan
Catholic University Law Review
No abstract provided.
The Milwaukee Parental Choice Program: A Constitutional Victory For School Choice, Robert L. Mcfarland
The Milwaukee Parental Choice Program: A Constitutional Victory For School Choice, Robert L. Mcfarland
Pepperdine Law Review
No abstract provided.
Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal
Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal
Pepperdine Law Review
No abstract provided.
Getting Beyond Religion As Science: "Unstifling" Worldview Formation In American Public Education, Barry P. Mcdonald
Getting Beyond Religion As Science: "Unstifling" Worldview Formation In American Public Education, Barry P. Mcdonald
Washington and Lee Law Review
Since ancient times, Western civilization has witnessed a great debate over a simple but profound question: From whence did we come? Two major worldviews have dominated that debate: a theistic worldview holding that we, and the world in which we live, are the purposeful product of a supernatural creator; and a materialistic worldview holding that we are the product of unintelligenta nd random naturaflo rces. This debate rose to the fore with Darwin's publication of his theory of evolution and the development of the modern scientific establishment. In America, it initially took its most conspicuous form in efforts by creationists …
Seeing Government Purpose Through The Objective Observer's Eyes: The Evolution-Intelligent Design Debates, Kristi L. Bowman
Seeing Government Purpose Through The Objective Observer's Eyes: The Evolution-Intelligent Design Debates, Kristi L. Bowman
ExpressO
In October, 2004, the Dover, Pennsylvania School District became the first in the nation to adopt a policy requiring students studying evolution to be told about the concept of intelligent design. Soon thereafter, parents filed a lawsuit challenging the policy as violating the Establishment Clause. But, Establishment Clause doctrine is one of the most splintered, incoherent areas of the Court’s jurisprudence—and even more so after the Court’s June 2005 McCreary County v. Kentucky decision. Read strictly, McCreary County imports the effects-endorsement “objective observer” into the government purpose inquiry. This subtle shift has significant ramifications: McCreary County changes the nature of …
The Rules Of The Game: "Play In The Joints" Between The Religion Clauses, Sharon Keller
The Rules Of The Game: "Play In The Joints" Between The Religion Clauses, Sharon Keller
ExpressO
This article uses the case of Locke v. Davey as an exemplar of the new Establishment clause jurisprudence which has opened the door for greater governmental support of sectarian schools and enterprises. What I believe has not been truly appreciated is that the rhetorical approach that fostered the change, if followed consistently, should increase the government’s burden in justifying pressures or sacrifices of personal rights such as Joshua Davey faced in the exemplar case.
The Ten Commandments Return To School And Legal Controversy Follows Them, Leora Harpaz
The Ten Commandments Return To School And Legal Controversy Follows Them, Leora Harpaz
Faculty Scholarship
The United States Supreme Court confronted the issue of a classroom display of the Ten Commandments almost 25 years ago in the case of Stone v. Graham. In that case, the Court struck down a Kentucky statute that required the posting of the Ten Commandments in all public school classrooms. In a per curiam opinion, the Court summarily reversed a decision of the Supreme Court of Kentucky and concluded that the statute violated the First Amendment's Establishment Clause because it had no secular purpose. The outcomes of recent judicial decisions considering the constitutionality of the display of the Ten Commandments …
Rules Of The Game: The "Play In The Joints" Between The Religion Clauses, Sharon Keller
Rules Of The Game: The "Play In The Joints" Between The Religion Clauses, Sharon Keller
ExpressO
Locke v. Davey is an exemplar of the new generation of Establishment clause cases that, particularly in Zelman v. Simmons-Harris, have written into law a safe harbor, private choice, for governmental benefits that find their way into the coffers of religious institutions in amounts that are neither incidental nor trivial. In Locke the options presented in the private choice arguably infringed upon Free Exercise rights-- the dilemma that gives rise to the title of this article. Over the vigorous dissent of Justice Scalia, the Locke Court’s analysis of the permissibility of the conditioned benefit was based upon the argument that …
God, Jesus, Allah And Yahweh Should Be Government Employees: How Zelman V. Simmons-Harris Can Establish A Constitutional Framework For Government Funding Of Faith-Based Services, Craig A. Newell Jr.
God, Jesus, Allah And Yahweh Should Be Government Employees: How Zelman V. Simmons-Harris Can Establish A Constitutional Framework For Government Funding Of Faith-Based Services, Craig A. Newell Jr.
Villanova Law Review
No abstract provided.
Silence Of The Lambs: Are States Attempting To Establish Religion In Public Schools?, Linda D.W. Lam
Silence Of The Lambs: Are States Attempting To Establish Religion In Public Schools?, Linda D.W. Lam
Vanderbilt Law Review
The proper role of religion in public schools has been a topic of bitter debate for many years. While one group of individuals believes that there should be a complete separation of church and state, another group believes that religion should have an integral place in public education. Although both groups have looked to the circumstances surrounding the enactment of the First Amendment to support their respective positions, each has been unable to find clear, definitive support regarding the appropriate relationship between religion and public schools, as there was no public education system at that time. One major issue that …
The Road To Vouchers: The Supreme Court's Compliance And The Crumbling Of The Wall Of Separation Between Church And State In American Education, Klint Alexander
The Road To Vouchers: The Supreme Court's Compliance And The Crumbling Of The Wall Of Separation Between Church And State In American Education, Klint Alexander
Kentucky Law Journal
No abstract provided.
School Vouchers And The Constitution - Permissible, Impermissible, Or Required?, Gary J. Simson
School Vouchers And The Constitution - Permissible, Impermissible, Or Required?, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin
The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin
Cornell Law Faculty Publications
Criticism of American public schools has been a cottage industry since the Nineteenth Century. In recent years the criticism has gone to the roots. Critics charge that to leave children imprisoned in the public school monopoly is to risk the standardization of our children; it is to socialize them in the preferred views of the State. They argue that it would be better to adopt a system of vouchers or private scholarships to support a multiplicity of private schools. A multiplicity of such schools, it is said, would enhance parental choice, would foster competition, and would promote a diversity of …
Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe
Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe
Cleveland State Law Review
In Zelman, the Court examined the constitutionality of an Ohio pilot program that took effect in the Cleveland City School District. One of the program's provisions permitted parents to use a tuition voucher for their children to attend public or private schools, including religious schools. The statute authorizing the program ensured that participating private schools remained affordable for the most disadvantaged children, and required that the schools refrain from "advocat[ing] or foster[ing] unlawful behavior or teach[ing] hatred of any person or group on the basis of race, ethnicity, national origin or religion." The Cleveland program exemplifies one attempt, informed by …
When May A State Require Teaching Alternatives To The Theory Of Evolution? Intelligent Design As A Test Case, Stephen L. Marshall
When May A State Require Teaching Alternatives To The Theory Of Evolution? Intelligent Design As A Test Case, Stephen L. Marshall
Kentucky Law Journal
No abstract provided.
Applying The Good News Club Decision In A Manner That Maintains The Separation Of Church And State In Our Schools, James L. Underwood
Applying The Good News Club Decision In A Manner That Maintains The Separation Of Church And State In Our Schools, James L. Underwood
Villanova Law Review
No abstract provided.
The Supreme Court 2000 Term--Leading Cases, Good News Club V. Milford Central School, 121 S. Ct. 2093 (2001), Emily Gold Waldman
The Supreme Court 2000 Term--Leading Cases, Good News Club V. Milford Central School, 121 S. Ct. 2093 (2001), Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
After the Supreme Court held in Widmar v. Vincent that state universities could not constitutionally deny religious groups access to facilities generally available to student groups, a number of school districts authored access policies that were designed to create “limited public forums.” These policies delineated the categories of activities for which school property could be used, and indicated that religious activities were not among them. In Lamb's Chapel v. Center Moriches Union Free School District, however, the Supreme Court struck a blow to the notion that school districts could employ the limited public forum approach to exclude religious activities from …
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.
Scaling The Wall Between Church And State: An Analysis Of The Constitutionality Of School Vouchers, Allison M. Olczak
Scaling The Wall Between Church And State: An Analysis Of The Constitutionality Of School Vouchers, Allison M. Olczak
Kentucky Law Journal
No abstract provided.
State V. Pendleton: Impermissible Delegations To Religious Institutions: Is Campbell University An Armed Church?, Stephen See
State V. Pendleton: Impermissible Delegations To Religious Institutions: Is Campbell University An Armed Church?, Stephen See
Campbell Law Review
This note will review the North Carolina Supreme Court's use and interpretation of Larkin and compare it with the interpretation of Larkin by other courts in cases that specifically follow Larkin.
The Wall Crumbles: A Look At The Establishment Clause Rosenberger V. Rector & Visitors Of The University Of Virginia, Paul L. Hicks
The Wall Crumbles: A Look At The Establishment Clause Rosenberger V. Rector & Visitors Of The University Of Virginia, Paul L. Hicks
West Virginia Law Review
No abstract provided.
New York State School Boards Ass'n V. Sobol: A Commendable Attempt To Apply Confusing Establishment Clause Standards, Alan R. Gries
New York State School Boards Ass'n V. Sobol: A Commendable Attempt To Apply Confusing Establishment Clause Standards, Alan R. Gries
Villanova Law Review
No abstract provided.