Survival for public school teachers goes beyond curriculum design, discipline and other skills. School law is critical for teachers to face the areas of challenge that are currently present. There are two types of common legal mistakes made by teachers: a) failing to take disciplinary action when they should, and b) unintentionally violating…

Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…

The Intelligent Design Movement has attempted to infuse Intelligent Design into the curriculum of public schools ever since the Edwards decision, which ruled that "creation science" was a violation of the the "Establishment Clause. Kitzmiller v. Dover" was the first legal case to challenge the teaching of Intelligent Design in…

Discusses how school administrators can use the legal concepts of original intent and "stare decisis" to interpret the Establishment Clause of the First Amendment when faced with issues involving religion in the schools. (Contains 34 references.)(PKP)

Introduces the following Counterpoint article on "Ex Corde Ecclesiae" ("From the Heart of the Church"), a document issued by Pope Paul VI in 1990 that provided guidelines for the operation of Roman Catholic colleges and universities. (PKP)

By overruling both "Aguilar v. Felton" and its companion case, "School District of Grand Rapids v. Ball" as inconsistent with their current understanding of the Establishment Clause, U.S. Supreme Court majority held that "a federally funded program providing supplemental, remedial instruction to disadvantaged children on a…

In 1978, six federal taxpayers successfully sued the New York City Board of Education, claiming the board's Title I program (allowing public instruction of private-school students) violated the Establishment Clause. In 1995, the NYC Board of Education and parochial-school parents sued for relief from the permanent injunction (and adverse…

The Supreme Court in "Lamb's Chapel" unanimously reversed federal district and court of appeals decisions that had upheld school district rules prohibiting use of school district property "by any group for religious purposes." Discusses three issues within the context of religious speech: establishment of religion, free speech,…

Challenges assertion in article by the Alexanders that "Ex Corde Ecclesiae" will increase risk that Catholic institutions of higher education will violate the Establishment Clause. Authors argue that recent Establishment Clause decisions by the U.S. Supreme Court have effectively eliminated the wall of separation between church and…

Introduces article by Kemerer that takes issue with the conclusions reached by Elizabeth and Andrew Lugg in their article entitled "Vouchers as School Choice: An Analysis of 'Jackson v. Benson': The Milwaukee Parental Choice Program" in the April 2000 issue of "The Journal of Law and Education." (PKP)

Argues that Elizabeth and Andrew Lugg were wrong in criticizing the Wisconsin Supreme Court's decision in "Jackson v. Benson" that the Milwaukee Parental Choice Program does not violated the Establishment Clause. Asserts that in the near future the U.S. Supreme Court is likely to find the use of publicly funded vouchers does not violate…

Questions arise about the constitutionality of including some form of prayer, usually an invocation or benediction, in public school graduation ceremonies, and whether such prayer can appropriately be delivered by a minister or other religious leader. The U. S. Supreme Court has not addressed this precise issue, but an analysis of other courts'…

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…

Student prayer at school events, such as football games and graduation ceremonies, has spawned several contradictory circuit court decisions. A 2000 Supreme Court ruling against pregame prayer ("Santa Fe Independent School District v. Doe") reversed an 11th Circuit Court decision, with far-reaching effects on all student-initiated and…