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Herzog, Alexander John – ProQuest LLC, 2010
Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…
Descriptors: Religion Studies, Judges, Legal Problems, Constitutional Law
Peer reviewedMawdsley, Ralph D.; Mawdsley, Alice S. – West's Education Law Reporter, 1988
Reviews contemporary court cases to show that free exercise claims are religious and therefore unenforceable under the Establishment Clause's "Lemon" test prohibiting religious activities in public schools. Discuses inadequacies in judicial perception involving compelling interest, a pattern of anti-theistic decisions, and lesser…
Descriptors: Court Litigation, Elementary Secondary Education, Legal Problems, Public Schools
Peer reviewedBrown, Marc W. – Journal of Law and Education, 1999
Since public schools serve children of diverse religious backgrounds, an upstate New York district tried to construct a policy where all students felt comfortable. Proponents had an uphill struggle, since many constituents found nonreligious Christmas assemblies and displays acceptable. This article highlights Williamsville's Free Exercise and…
Descriptors: Board of Education Policy, Diversity (Student), Elementary Secondary Education, Legal Problems
Peer reviewedOkun, Susan J. – NASSP Bulletin, 1996
Although major cases involving religion in public schools were decided decades ago, disputes still arise over interpreting the First Amendment's establishment clause. Formally inviting clergy to pray at high school graduation ceremonies is clearly not permissible, but the law is unsettled regarding student-initiated and student-led nonsectarian…
Descriptors: Commencement Ceremonies, Court Litigation, High Schools, Legal Problems
Epley, B. Glen – NASSP Bulletin, 2007
Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…
Descriptors: Court Litigation, Constitutional Law, Public Schools, State Church Separation
Peer reviewedMcCarthy, Martha M. – Journal of Education Finance, 2000
The U.S. Supreme Court through its interpretation of the First Amendment Establishment Clause may ultimately determine whether state-funded voucher proposals are widely adopted. This paper overviews changes in Establishment-Clause doctrine, reviews relevant litigation, and explores potential implications of recent legal developments. (Contains 80…
Descriptors: Court Litigation, Educational Vouchers, Elementary Secondary Education, Legal Problems
Peer reviewedRoth, Charles – Journal of College and University Law, 1995
Discussion of the Rosenberger vs. Rector case, involving the ability of public universities to decide whether or not to fund religious speech, evaluates contemporary jurisprudence concerning the establishment and free speech clauses and applies theories in these areas to funding of student religious speech on college campuses. It also outlines…
Descriptors: College Administration, Constitutional Law, Court Litigation, Fees

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