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Bauer, Norman J. – 1995
This paper uses the ideas of William James and John Dewey to buttresses an opposition to any effort to amend the United States Constitution to encourage or compel elementary and secondary school students to recite daily an oral prayer. The first section is a selection of the views of Dewey and James. The second section utilizes these ideas to…
Descriptors: Elementary Secondary Education, Religion, School Prayer, State Church Separation
Dowling-Sendor, Benjamin – American School Board Journal, 2001
Last May, the full 11th Circuit Court upheld a school board policy in Duval County, Fla., that permits graduating senior to select a student volunteer to deliver an uncensored "message" during graduation ceremonies. Argues the title, historical context, and content of the policy clearly suggest that school officials sought a way to…
Descriptors: Commencement Ceremonies, Federal Courts, High School Seniors, High Schools
Dowling-Sendor, Benjamin – American School Board Journal, 1999
Fragmented federal court decisions about graduation prayer and the strong public interest in this issue call for the Supreme Court to step in to clarify the law. Summarizes court decisions on this topic. (MLF)
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, High School Seniors
Schimmel, David – Wests's Education Law Quarterly, 1993
Outlines the facts of the Supreme Court 5-4 decision in "Lee" that graduation prayers violated the Establishment Clause of the First Amendment. Summarizes opinions of Justices Kennedy, Scalia, Souter, and Blackmun. Discusses some of the legal, educational, and policy implications of the conflicting opinions. (33 footnotes) (MLF)
Descriptors: Commencement Ceremonies, Court Judges, Court Litigation, Elementary Secondary Education

Russo, Charles J. – Religion & Public Education, 1990
Discusses court decisions on the rights of religious groups to rent public school facilities and to distribute religious literature on public school grounds. Compares decisions and reasoning in U.S. appellate courts and the Supreme Court. Predicts that the relationship between religion and public education will continue to evolve. (DK)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Government School Relationship
Vacca, Richard S.; Hudgins, H. C., Jr. – American School Board Journal, 1994
School boards need to keep current on the status of graduation prayer. The "Weisman" decision said graduation prayers violated the First Amendment; the "Jones" decision would allow graduation ceremonies with student-led invocations and benedictions. Reviews these decisions to pinpoint the sources of confusion in subsequent…
Descriptors: Commencement Ceremonies, Constitutional Law, Federal Courts, Graduation
Jones, Rebecca – American School Board Journal, 1996
Filing a lawsuit against a school district often means challenging the core values of a community. Cases discussed include a suit to prevent the broadcasting of morning prayers in school ("Herdahl"), a suit over the singing of a religious song ("Bauchman"), and drug-use testing for student athletes ("Acton"). (MLF)
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Drug Use Testing

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

Schimmel, David – Update on Law-Related Education, 1994
Contends that all of the U.S. Supreme Court Justices in 1947 agreed that the Establishment Clause of the First Amendment erected a wall of separation between church and state. Reviews Establishment Clause history, includes summaries of court opinions, and concludes that a more thorough curriculum about the wall of separation is needed. (CFR)
Descriptors: Constitutional Law, Court Litigation, Court Role, Curriculum Development
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
Parachini, Allan; And Others – 1995
Placing the debate in the United States over amending the Constitution to permit state-sanctioned school prayer in global perspective, this report analyzes the results of a survey of the school prayer policies of 72 countries. The report concludes that the vast majority of the major countries of the world, including Western Europe, Central…
Descriptors: Civil Law, Civil Liberties, Comparative Analysis, Constitutional History