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Bjorklun, Eugene C. – Educational Forum, 1988
The author reviews various court decisions that have had an impact on the inclusion or exclusion of secular humanism in the public school curriculum. Particular attention is paid to one decision stating that secular humanism is a religious belief system for the purposes of the first amendment. (CH)
Descriptors: Court Litigation, Curriculum, Humanism, Public Education
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Bjorklun, Eugene C. – West's Education Law Reporter, 1990
Because of the lack of a definitive United States Supreme Court decision on prayers at graduation, school officials are left without clear direction. Analyzes two decisions that illustrate the differences in judicial opinion on the legality of prayers at graduation ceremonies. (MLF)
Descriptors: Court Litigation, Federal Courts, Graduation, High Schools
Bjorklun, Eugene C. – West's Education Law Quarterly, 1994
Summarizes two cases involving grade-school children presenting religious materials in the classroom: "Duran v. Nitsche" and "DeNooyer v. Livonia Public Schools." Advises teachers that parents who send their children to public schools have the right under the Establishment Clause to expect instruction that is free from…
Descriptors: Court Litigation, Elementary Education, Freedom of Speech, Public Schools
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Bjorklun, Eugene C. – Religion and Public Education, 1988
Reviews the evolution-creationism issue in public schools from the 1925 Scopes trial to 1980s cases. Analyzes major aspects of "Edwards v. Aguillard" in which the U.S. Supreme Court found the 1981 Louisiana statute requiring balanced treatment of creationism and evolution unconstitutional. Suggests future implications of the issue for…
Descriptors: Court Litigation, Creationism, Elementary Secondary Education, Evolution
Peer reviewed Peer reviewed
Bjorklun, Eugene C. – Religion and Public Education, 1988
Deals with court decisions related to secular humanism in public schools. States that the major issues are: (1) whether or not secular humanism is a religion; and (2) whether or not it is being promoted in public schools. Relates implications of the court's apparent definition of secular as nonreligious, rather than anti-religious. (LS)
Descriptors: Constitutional Law, Court Litigation, Higher Education, Humanism
Bjorklun, Eugene C. – West's Education Law Quarterly, 1992
Examines the issue of whether implementation of the Equal Access Act would violate the constitutions of some states that require a stricter separation of church and state than the federal Constitution. (MLF)
Descriptors: Court Litigation, Federal Courts, Public Schools, School Law
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Bjorklun, Eugene C. – Religion & Public Education, 1992
Reviews the controversy of teaching evolution and creationism in public schools from the early years of the twentieth century until today. Identifies two stages of the legal challenges to the teaching of evolution. Contends that academic freedom issues may provide another avenue to the Supreme Court for those supporting creationism. (CFR)
Descriptors: Academic Freedom, Civil Liberties, Constitutional Law, Creationism
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Bjorklun, Eugene C. – Religion & Public Education, 1989
Examines the constitutionality of public school personnel organizing prayers at extracurricular events and of using ceremonial prayers, invocation, and benedictions at school activities. Reviews court litigation and Supreme Court decisions that use the Establishment Clause and Lemon test to determine legality. Finds, in most cases, that prayer at…
Descriptors: Athletics, Constitutional Law, Court Litigation, Educational Legislation
Peer reviewed Peer reviewed
Bjorklun, Eugene C. – West's Education Law Reporter, 1991
Lower courts have generally held that Bible distribution in public schools violates the Establishment Clause. More recent litigation has focused on distribution of religious literature other than Bibles. Examines the background of the issue, considers the most recent court decisions, and discusses the implications of these decisions. (57…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
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Bjorklun, Eugene C. – Religion & Public Education, 1989
Examines court decisions which led to the passage of the Equal Access Act of 1984. Although the act was designed to clarify the issue over the legality of permitting religious clubs to meet on school property, it may have created more confusion. Concludes that the Supreme Court may have to decide the issue. (SLM)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Elementary Secondary Education
Bjorklun, Eugene C. – West's Education Law Quarterly, 1994
The Ninth Circuit Court of Appeals ruled that the Equal Access Act (EAA) had precedence over the state constitution under the Supremacy Clause. Examines that decision and considers its implications for the implementation of the EAA as well as other issues in church-state separation in education. (53 footnotes) (MLF)
Descriptors: Court Litigation, Court Role, Elementary Secondary Education, Federal Courts
Peer reviewed Peer reviewed
Bjorklun, Eugene C. – West's Education Law Reporter, 1990
An examination of the constitutionality of team prayer shows that pregame prayers violate the First Amendment's Establishment Clause, and their use can lead to liability problems for both coaches and school boards. Advises school boards to adopt policies specifically prohibiting team prayers. (MLF)
Descriptors: Athletic Coaches, Athletics, Board of Education Policy, Court Litigation