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Superfine, Benjamin Michael – American Educational Research Journal, 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…
Descriptors: Courts, Educational Policy, Decision Making, Sciences

Bird, Wendell R. – Harvard Journal of Law and Public Policy, 1979
Argues for a substantial neutrality test to replace the absolute separation form of the tripartite test in construing and applying the establishment clause of the First Amendment. Available from Harvard Society for Law and Public Policy, Inc., Langdell Hall, Harvard Law School, Cambridge, MA 02138; $4.00 per issue. (Author/IRT)
Descriptors: Constitutional Law, Evolution, Government Role, Parochial Schools

Sendor, Benjamin B. – School Law Bulletin, 1984
The establishment clause of the First Amendment permits public school instruction that serves secular educational goals, but it forbids instruction that instills religious beliefs in children. Although the free exercise clause protects those who oppose such secular courses, their sole remedy is partial or total exemption from the courses. (MLF)
Descriptors: Court Litigation, Creationism, Curriculum, Elementary Secondary Education

Flowers, Ronald B. – Religion and Public Education, 1988
Describes two federal court cases concerning objections to public school textbooks. In "Smith v. Board of School Commissioners of Mobile County," parents attempted to eliminate objectionable content from textbooks through the Establishment Clause. In "Mozert v. Hawkins County Public Schools," parents wanted to remove children…
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Creationism

Anderson, Jeanne – Journal of Law and Education, 2000
In August 1999, the Kansas State Board of Education voted to remove the subject of evolution from state-mandated tests required for all Kansas students. Looks at the board's decision in light of current Establishment Clause jurisprudence; examines the consequences for schools, students, and courts nationwide; and whether the state's action is a…
Descriptors: Constitutional Law, Court Litigation, Creationism, Elementary Secondary Education
Bradt, Patricia T. – Forum on Public Policy Online, 2006
Darwinian evolution is accepted by the great majority of scientists as the method by which the diversity of earth's organisms, including humans, evolved. Current research continues to expand our knowledge of evolutionary mechanisms. However, certain religious groups, supporting teaching the creation of earth's species as outlined in Genesis…
Descriptors: Biology, Science Instruction, Evolution, Creationism