Law Commons^™

Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo

Educational Leadership Faculty Publications

Roman Catholic schools developed in the United States during the latter part of the 19th century partially in response to a significant wave of anti-Catholic sentiment that swept the nation. Consequently, Catholic schools were established as a kind of parallel system largely free from civil laws, as bishops, pastors, and other religious leaders were free to operate their schools largely under the Church's own internal juridical system, the Code of Canon Law. However, by the middle of the 20th century, due to a variety of demographic factors, the composition of Catholic schools began to change dramatically, particularly with regard to …

Parents Involved In Community Schools V. Seattle School District No. 1: An Overview With Reflections For Urban Schools, Charles J. Russo, William E. Thro

Educational Leadership Faculty Publications

In Parents Involved in Community Schools v. Seattle School District No. 1, a highly contentious and divided Supreme Court invalidated race-conscious admissions plans in two urban school systems, Seattle and Louisville. As such, Parents Involved was the latest chapter in the Court's almost 40-year history of reaching mixed results in such far-reaching areas involving race-conscious remedies as admissions to higher education, employment in the general workforce and in education, minority set aside programs, and voting rights. In light of the impact that Supreme Court cases on race-conscious remedies have in education, particularly in urban settings, this article first reviews …

Same-Sex Marriage And Public School Curricula: Preserving Parental Rights To Direct The Education Of Their Children, Charles J. Russo

Educational Leadership Faculty Publications

No abstract provided.

The Supreme Court And Pledge Of Allegiance: Does God Still Have A Place In American Schools?, Charles J. Russo

Educational Leadership Faculty Publications

The dearth of statistical or anecdotal evidence aside, combined with the relative lack of reported litigation, it appears that most students and teachers regularly participate in perhaps the most common daily school ritual by joining in the patriotic recitation of the Pledge of Allegiance (Pledge) and the salute to the American Flag. Yet, as discussed throughout this article, this daily practice has had a history of controversy, whether in schools or political settings.

Turning specifically to schools, in Newdow v. United States Congress (Newdow), the Ninth Circuit set off a firestorm of controversy when, in a case from California, it …

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 …