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Schimmel, David – West's Education Law Reporter, 1989
Explores the opinions of Justice Rehnquist in issues concerning religion and public education; observes that the Supreme Court appears just one vote away from shifting church/state issues to the local level; and urges those concerned with constitutional values and public education to reexamine the Bill of Rights. (MLF)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Lines, Patricia M. – 1981
Focusing on what policymakers cannot do, rather than on what they should do, this booklet explores the constitutional parameters of the teaching of moral values. Section 1 provides a description of the general rules for legal analysis followed by the courts when dealing with freedom of speech or religion. In the following two sections, these rules…
Descriptors: Academic Freedom, Compliance (Legal), Court Litigation, Creationism
Goldstein, Stephen R.; And Others – 1995
All three branches of American government--legislative, executive, and judicial--play a significant role in shaping the enterprise of American public education. This book, an update of the 1980 second edition, describes and analyzes changes in education and the dynamic impact of the law on education's authority. The book can serve as an advanced…
Descriptors: Compliance (Legal), Constitutional Law, Court Litigation, Educational History
Nolte, M. Chester – 1979
This paper explores the legal ramifications associated with teaching moral and spiritual values in the public schools. Following a history of the problem, the paper discusses four schemes currently used for teaching these values to the young: (1) withdrawing children from public schools to either enroll them in private or parochial schools, or…
Descriptors: Court Litigation, Elementary Secondary Education, Ethical Instruction, Religious Education
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Muhlestein, Randolph G. – Brigham Young University Law Review, 1978
Examines and criticizes the Supreme Court's aid to parochial school cases and outlines a satisfactory rationale that resolves the paradox of simultaneous court adherence to the value of neutrality and approval of programs to church-related schools. Available from Brigham Young University Law Review, J. Reuben Clark Law School, Provo, Utah 84602;…
Descriptors: Church Related Colleges, Elementary Secondary Education, Higher Education, Parochial Schools
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Schimmel, David – Social Education, 1991
Examines recent Supreme Court opinions to illustrate how the justices are reinterpreting the First Amendment. Discusses student freedom of expression, freedom of religion, the free exercise clause, and the establishment clause. Concludes that a perceived trend in court decisions to limit freedom of religion and expression requires teachers to help…
Descriptors: Civil Liberties, Constitutional Law, Court Judges, Court Litigation
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Janes, Larry – NASSP Bulletin, 1990
Teaching ethical values is often challenged as an infringement on students' religious rights. This article addresses key questions concerning schools' legal responsibilities, courts' treatment of curriculum-related challenges based on alleged First Amendment violations, and courts' handling of teacher proselytizing or "opting out" cases.…
Descriptors: Court Litigation, Elementary Secondary Education, Ethical Instruction, Legal Problems
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McCarthy, Martha M. – Journal of Law and Education, 1990
Addresses allegations that public schools are unconstitutionally promoting secular humanism. Presents perspectives defining secular humanism and explores whether secular humanism is considered a religion under the establishment clause. Deals with charges by conservative parent groups. (164 references) (MLF)
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Federal Courts
Department of Education, Washington, DC. – 1998
These guidelines, addressing the extent to which religious expression and activity are permitted in public schools, were originally issued in 1995. Changes have been made in the sections on religious excusals and student garb to reflect the Supreme Court decision in "Boerne v. Flores" declaring the Religious Freedom Restoration Act…
Descriptors: Board of Education Policy, Commencement Ceremonies, Compliance (Legal), Constitutional Law
Jones, George W.; And Others – 1982
Standards and interpretive guidelines for religious programs at colleges and universities are presented. Religious programs assist students to achieve religious development through: (1) the articulation of a personal philosophy of life; (2) acquisition of skills and knowledge needed to address issues of values, ethics, and morality; and (3) an…
Descriptors: Church Related Colleges, Church Role, Ethics, Guidelines
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Thomas, William A., Ed. – Science, Technology, & Human Values, 1982
Presents edited versions of plaintiff and defendant outlines of legal issues and proof (views of cases set to limit issues argued during trials) and trial briefs (comprehensive presentations of legal precedents and arguments) in McLean v. Arkansas Board of Education case focusing on balanced treatment of creationism/evolution in public schools.…
Descriptors: Controversial Issues (Course Content), Court Litigation, Creationism, Elementary School Science
Hunt, Thomas C. – Texas Tech Journal of Education, 1981
The cumulaltive impact of court decisions, on the church-related elementary and secondary schools, especially those under Catholic auspices, and on the relationship between religion and education in modern American life is considered. (JN)
Descriptors: Church Programs, Church Role, Court Litigation, Educational Vouchers
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Science, Technology, & Human Values, 1982
Excerpts from the opinions of the Attorney General of Maryland on the constitutionality of this state's House Bill 1078 (balanced presentation of creationism/evolution) are presented. Indicates that the bill has as its purpose and effect the advancement of religion and would foster an excessive governmental entanglement with religion. (Author/JN)
Descriptors: Controversial Issues (Course Content), Creationism, Elementary School Science, Elementary Secondary Education
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Nelkin, Dorothy – Science, Technology, & Human Values, 1982
Traces origins of present-day creationists from their 19th-century fundamentalist beginnings, focusing on past and current objections to the teaching of evolution and efforts to require the teaching of creationism in public schools. Discusses creationist arguments and strategies to accomplish their aims. (JN)
Descriptors: Controversial Issues (Course Content), Court Litigation, Creationism, Elementary School Science
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Gilkey, Langdon – Science, Technology, & Human Values, 1982
Discusses basic errors (confusions) in creationist's viewpoint, confusions about religion and the formal structure, methods, and canons of science. Reviews theological testimony in McLean v. Arkansas 590 (balanced treatment of creationism/evolution), indicating that the logic of plaintiff's case was directed at such confusions in and "scientific"…
Descriptors: Controversial Issues (Course Content), Court Litigation, Creationism, Elementary School Science
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