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ERIC Number: EJ883307
Record Type: Journal
Publication Date: 2009
Pages: 26
Abstractor: As Provided
Reference Count: 67
ISSN: ISSN-0002-8312
The Evolving Role of the Courts in Educational Policy: The Tension between Judicial, Scientific, and Democratic Decision Making in "Kitzmiller v. Dover"
Superfine, Benjamin Michael
American Educational Research Journal, v46 n4 p898-923 2009
In "Kitzmiller v. Dover" (2005), a court defined science to decide the legitimacy of teaching intelligent design to high school biology students. This study analyzes "Kitzmiller" in light of the complex and interrelated tensions between judicial, scientific, and democratic decision making that lie at the heart of modern educational governance. This study particularly explores how these tensions become more acute where the meaning of science itself is contested and examines how these tensions can be structured and balanced in a nuanced way in the institutional setting of the courts. Based on this examination, this study highlights major issues that bear upon an analysis of when it is appropriate for governmental entities to define science for educational policy purposes. (Contains 2 notes.)
SAGE Publications. 2455 Teller Road, Thousand Oaks, CA 91320. Tel: 800-818-7243; Tel: 805-499-9774; Fax: 800-583-2665; e-mail:; Web site:
Publication Type: Journal Articles; Reports - Research
Education Level: Elementary Secondary Education; High Schools; Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Pennsylvania
Identifiers - Laws, Policies, & Programs: Establishment Clause; Lemon v Kurtzman