This study examined Chief Justice William Rehnquist's position on four recent Supreme Court cases related to parochaid as well as four other Supreme Court rulings dealing with economic or racial discrimination. The presentation of this study's research should present one perspective on how and why the Establishment Clause is being rewritten and…

Explores the extent to which the Supreme Court's application of the First Amendment's prohibition against establishment of religion is forcing federal and state governments to forgo distributive justice for needy children. Examines possibilities for greater distributive justice. (MLF)

Discusses one of two June 1997 rulings on church/state separation issued by the U.S. Supreme Court. In "Agostini v. Felton," the Court reversed an earlier decision ("Aguilar v. Felton") upholding a New York City taxpayer group's claims that a Title I program's employment of public school teachers in private/parochial schools…

Reviews U.S. Supreme Court action concerning governmental aid to sectarian schools, highlighting the First Amendment establishment clause, the child benefit doctrine, the Tripartite Test (1970-1984), and the recent Ball and Felton cases. The court is continuously pressured to reassess its precedents requiring strict neutrality toward religion.…

Discusses viability of voucher systems including sectarian schools. Voucher plans' constitutionality may be enhanced by incorporating characteristics such as universal availability, allocation using neutral criteria, and "opting out" clauses. The Supreme Court's ruling in "Santa Fe" may squelch district policies condoning…

This short paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It discusses educational voucher programs. It states that proponents of voucher programs, having scored a major victory in the U.S. Supreme Court with "Zelman v. Simmons-Harris" (2002), will…

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…

Vouchers' constitutionality was given new life by "Agostini vs. Felton," in which the U.S. Supreme Court reversed an earlier decision banning onsite delivery of Title I services in sectarian schools. "Agostini" may signal a new era favoring increased aid to religiously affiliated schools, such as those participating in…

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;…

Examines the controversy that has arisen over the implementation of the private school section of the regulations concerning the Education for All Handicapped Children Act of 1975 and analyzes the constitutionality of the regulations under the case law on the establishment clause. (Author/IRT)

In 2002 the U.S. Supreme Court approved educational vouchers, a method of public funding for education by providing parents with a certificate that can be used for paying tuition at a public or private school eligible to redeem vouchers. Interpretations of the decision were many and often caused confusion as proponents and opponents to vouchers…

In 2002 the Supreme Court decided that tuition vouchers for private and religious schools do not violate the First Amendment's establishment clause. With "Zelman v. Simmons-Harris," the case in question, the Court put the school-choice debate back in the political arena, where it belongs, according to this position paper/policy brief.…