scholarly journals The Establishment Clause and Public Schools

2018 ◽  
Vol 9 (2) ◽  
pp. 33
Author(s):  
Clifford Fisher ◽  
Ethan Hicks
Keyword(s):  
Public Schools ◽  
Supreme Court ◽  
Case Law ◽  
Establishment Clause ◽  
Legal Issue ◽  
Court Cases ◽  
Relevant Case ◽  
History Of ◽  
Pledge Of Allegiance

The purpose of this report is to explore and elucidate the application of the Establishment Clause to the activities of U.S. public schools, primarily through an examination of relevant case law. It is intended to facilitate an understanding of the fundamental principles and nuances of this legal issue throughout its history. The first sections offer a glimpse of the history of the Establishment Clause itself, including a discussion of the historic Supreme Court cases that laid the foundation off of which many of the decisions to be examined are built. Subsequent sections, organized by specific issue, analyze Establishment Clause cases that involve public schools, and have two primary objectives: to determine established precedents, and to discover trends and inconsistencies. Specific issues addressed include evolution and creationism in curricula, released time programs, prayer in class, and recitation of the Pledge of Allegiance.

The NAfME Position Statement on Sacred Music in Schools: A Genealogical Inquiry

2020 ◽  
Vol 107 (2) ◽  
pp. 20-27
Author(s):  
Matthew R. Koperniak
Keyword(s):  
Sacred Music ◽  
Case Law ◽  
Position Statement ◽  
Theoretical Framework ◽  
Music Educators ◽  
School Prayer ◽  
Relevant Case ◽  
History Of ◽  
Future Revision

This article examines the NAfME Position Statement on Sacred Music in Schools, which has not been significantly updated since it was first published in 1984. Using genealogical inquiry, the author examines the conditions surrounding the construction of this document in relation to the conditions in the present. Relationships between the history of school prayer, the archive of Music Educators Journal, and relevant case law are investigated. Postsecularsim is described and explored as a possible theoretical framework for a future revision of the position statement.

Prohibitions against Religious Clothing and Symbols in Public Schools and Universities: Narrowing the Scope by Introducing the Principle of Equal Treatment of Religious Manifestations

2015 ◽  
Vol 10 (2) ◽  
pp. 160-190
Author(s):  
Vibeke Blaker Strand
Keyword(s):  
Public Schools ◽  
Case Law ◽  
Equal Treatment ◽  
Educational Institutions ◽  
Member States ◽  
Wide Margin ◽  
European Court ◽  
Margin Of Appreciation ◽  
Relevant Case ◽  
Religious Clothing

The reasoning and conclusions reached by the European Court of Human Rights in cases against some Member States that involve prohibitions against the wearing of religious clothes and symbols in public educational institutions have led scholars to argue that introduction of similar prohibitions in other Member States will be in conformity with the Convention. By broadening the spectrum of relevant case-law, this article will argue that the wide margin of appreciation often referred to, conceals that the strictness of review may vary considerably depending on the circumstances of each case. The principle of equal treatment of religious manifestations is introduced as a norm that influences the strictness of review. Further, it is discussed to what extent the aim of preserving gender equality and the aim of avoiding religious pressure may be put forward in order to justify the introduction of prohibitions.

scholarly journals Toward the Resegregation of Southern Schools: African American Suburbanization and Historical Erasure inFreeman v. Pitts

2017 ◽  
Vol 57 (4) ◽  
pp. 451-479 ◽  
Author(s):  
Daniel Amsterdam
Keyword(s):  
African American ◽  
School Districts ◽  
Supreme Court ◽  
Court Cases ◽  
School Officials ◽  
Suburban School Districts ◽  
The Supreme Court ◽  
Us Supreme Court ◽  
History Of ◽  
Late Twentieth

This article reconstructs the story behindFreeman v. Pitts(1992), one of the main US Supreme Court cases that made it easier for school districts to terminate court desegregation orders and that, in turn, helped to propel a widely documented trend: the resegregation of southern schools. The case in part hinged on the question of whether school officials in an Atlanta suburb were responsible for the racial segregation that had developed in the area alongside the rapid settlement of African Americans there in the late twentieth century. Thus, along with shedding new light on how the South transitioned from an era focused on desegregation to one enabling resegregation, the article makes contributions to two areas of increasing scholarly interest: the history of African American suburbanization and the history of suburban school districts. Finally, the article underscores disconcerting patterns in how the Supreme Court utilized history inFreeman.

scholarly journals WHITE COLLAR CRIMES, CORRUPTION AND BRIBERY IN ISLAMIC CRIMINAL LAW: LACUNA AND CONCEIVABLE PATHS

2018 ◽  
Vol 5 (1) ◽  
pp. 711
Author(s):  
Mohamed A. 'Arafa
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Islamic Law ◽  
Common Law ◽  
White Collar ◽  
Case Law ◽  
Legal Issue ◽  
History Of ◽  
Muslim Intellectuals ◽  
Legal Attitudes

The Islamic legal system differs from other legal attitudes, as civil law traditions described by law’s codification or common law practices based on binding judicial precedents. In Islamic law, there is neither history of law’s classification, nor an understanding of binding legal precedents.  The process of ijtihad (analogical deduction) in Islamic (Sharie‘a) law, though, is alike to Case law model. In this regard, Muslim scholars have had over the interpretation of the Sharie‘a rules and divine (God)’s law based on the Qur’anic provisions and the authentic Sunnah (Prophet Mohammad) traditions.  The chief sources of Islamic criminal law are the Qur’an, Sunnah, ijma‘a (consensus), Qiyyas (individual reasoning) along with other supplementary sources.  Where the principles of the Qur’an and Sunnah do not sufficiently resolve a legal issue, Muslim intellectuals use Fiqh (jurisprudence) which is the process of deducing and applying Sharie‘a values to reach a legal purpose and its methodologies and implementation are many, as numerous schools of jurisprudential (Sunni and Shie‘aa) thought (Hanafi, Maliki, Shafi‘i, and Hanbali) transpires.  Based on this succinct backdrop, this article will delve in elaborating the main principles of the Islamic criminal justice system regarding corruption and bribery from a descriptive viewpoint and will concludes that there is no real flaw between the Islamic system and the positive justice mechanisms. 

The Bible in American Public Schools

2017 ◽  
Author(s):  
Suzanne Rosenblith ◽  
Patrick Womac
Keyword(s):  
Public Schools ◽  
Public Education ◽  
Scientific Reasoning ◽  
Colonial Period ◽  
Court Cases ◽  
The Bible ◽  
Common School ◽  
History Of ◽  
The Common ◽  
School Movement

This chapter traces the Bible’s path through the history of American public education beginning in the colonial period, where it was central to the project of education, through the Common School movement, where its relevance was challenged as Enlightenment and scientific reasoning took hold. By the turn of the twentieth century, the Bible had lost its stronghold on public schools and the contentious relationship was cemented through a series of court cases that continue to impact policy and curriculum to the present time. The chapter concludes by highlighting several contemporary policies implemented to try to return the Bible, in some fashion, to public schools.

scholarly journals The Montreal Convention of 1999 and Regulation No 261/2004 in the EUCJ and National Case Law

2018 ◽  
Vol 11 (1) ◽  
pp. 21-47
Author(s):  
Ieva Deviatnikovaitė
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
The Supreme Court ◽  
Relevant Case ◽  
The Republic ◽  
The Relationship

Abstract The article first analyses the relationship between the Montreal Convention and Regulation 261/2004. Although the Regulation and the Convention both relate to the protection of air passenger’s rights it remains ambiguous when and in which disputes these acts should be applicable. Thus, this article reveals the problematical issue of how these acts differ and in which situations they are applicable. Second, it reviews the development of the EUCJ case law regarding the application of these acts. Third, it examines the relevant case law of the Supreme Court of the Republic of Lithuania in this area.

The Competing Perspectives of the Religion Clauses

2020 ◽  
pp. 1-20
Author(s):  
Howard Gillman ◽  
Erwin Chemerinsky
Keyword(s):  
Supreme Court ◽  
First Amendment ◽  
American History ◽  
Religious Beliefs ◽  
Establishment Clause ◽  
Court Cases ◽  
Free Exercise ◽  
Free Exercise Clause ◽  
The Future ◽  
Political Divide

This chapter describes the recent Supreme Court cases dealing with the Establishment Clause and Free Exercise Clause of the First Amendment, while also previewing the issues likely to arise in the future. It identifies how for both of these provisions there are two competing philosophies, which are titled “accommodation” and “separation.” “Accommodationists” see little as violating the Establishment Clause but want the Free Exercise Clause to be aggressively used to create an exception to general laws based on religious beliefs. “Separationists” see the Establishment Clause as creating a secular government and reject special exceptions for religion. At this point in American history, there is a political divide: conservatives tend to favor the accommodation approach, while liberals favor the separationist view.

scholarly journals Le contrôle judiciaire des erreurs de droit en présence d'une clause privative

2005 ◽  
Vol 23 (1) ◽  
pp. 5-20
Author(s):  
Patrice Garant ◽  
Sylvio Normand
Keyword(s):  
New Brunswick ◽  
Supreme Court ◽  
Rule Of Law ◽  
Case Law ◽  
Administrative Law ◽  
Recent Case ◽  
Supreme Court Of Canada ◽  
Court Cases ◽  
The Rule Of Law ◽  
The Supreme Court

Administrative Tribunals have jurisdiction to deal with questions of law. In the exercise of such jurisdiction they may sometimes make mistakes in the construction of the statutes, regulations or other instruments. Even in the presence of a privative clause, an inferior tribunal should not be the supreme interpret of the law. It is one of the requirements of the « rule of law » that the Superior Court should have a supervisory « droit de regard ». Traditionally, only errors of law going to jurisdiction were out of the shield of the privative clause ; the Superior Courts used to restrain their intervention only after charactarizing the alleged error as « jurisdictional error of law ». Two difficulties came to arise from the approach about whether there exists an error of jurisdiction or one « merely » of law. Firstly, who can tell whether there is a genuine error of law. Secondly, what criteria transmute in the minds of Superior Court Judges an error into one of jurisdiction. The recent case law convinces us of the necessity of a different approach in order to achieve some clarity in this field of Administrative law. Mr. Justice Dickson of the Supreme Court of Canada hints at it in the Nispawin and the New Brunswick Liquor Corporation cases. This approach would put an end to the confusion that still prevail in other Supreme Court cases like Blanco or Labrecque. The distinction between errors of law going to jurisdiction and « merely » errors of law is unrational and so unpracticable that it should be abandoned and replaced by what we suggest in the following lines... Mr. Justice Robert Reid of the Ontario Divisional Court has also expressed the same concern in a remarquable judgment.

Compliance with the Time Limit of Article 129 (4) of the Act of 27 April 2017 the Environmental Law in the Case-Law of the Supreme Court

2020 ◽  
Vol 12 (1) ◽  
pp. 299-305
Author(s):  
Jarosław Szczechowicz
Keyword(s):  
Real Estate ◽  
Supreme Court ◽  
Environmental Protection ◽  
Environmental Law ◽  
Case Law ◽  
Civil Code ◽  
Legal Issue ◽  
Current Case ◽  
Starting Point ◽  
The Supreme Court

The study discusses issues related to maintaining the deadline for suing claims due to restrictions on the use of real estate provided for in Article 129 (1–3) of the Environmental Protection Law. Provided for in the provisions of Articles 129–136 of the Environmental Protection Law liability for damages was formed as a statutory obligation to compensate for damages resulting to property owners (holders of perpetual usufruct) from the introduction of legal regulations that narrow down the possibilities of using these properties. The conditions for liability are: entry into force of a regulation or act of local law resulting in a limitation on the way the property is used, damage suffered by the owner of the property, the holder of perpetual usufruct or the person holding property law, and a causal link between the restriction on the use of the property and the damage. Claims for damages derived from these sources meet the requirements of Articles 361–363 of the Civil Code of the Republic of Poland. They are property claims, subject to limitation (art. 117 § 1 of the Civil Code), however — without being tort claims — they are subject to limitation on general principles arising from Article 118 of the Civil Code. An important legal issue is whether, and if so, to what extent, it is possible to apply by analogy provisions on suspension or interruption of the limitation period to the preclusion period contained in Article 129 (4) of the Environmental Protection Law. The starting point for reflection on this issue are the arguments originating from the current case law of the Supreme Court. Based on the views and arguments of the Supreme Court, the author tries to answer the question on the conditions that meet the three-year period provided for in Article 129 (4) of the Environmental Protection Law asserting claims for restrictions on the use of real estate

The Insanity Defense as a History of Mental Disorder

2013 ◽  
Author(s):  
Daniel N. Robinson
Keyword(s):  
Mental Illness ◽  
Rule Of Law ◽  
Ancient Greece ◽  
Case Law ◽  
Insanity Defense ◽  
General Concept ◽  
The Rule Of Law ◽  
Relevant Case ◽  
History Of ◽  
Historical Developments

Throughout its history, the insanity defense specifically and the more general concept of mental defect or incompetence have been grounded in the assumption that those people fit for the rule of law are able to give and to comprehend reasons for their actions. This chapter traces the evolution of perspectives on the nature of mental illness and the manner in which cultural and extra-scientific influences have shaped perspectives. These perspectives are most saliently expressed in statutory provisions and relevant case law summarized here and covering historical developments from ancient Greece and Rome to the present. Significant interactions between law and psychiatry are further highlighted and informed by core and controversial philosophical assumptions. Attention is given to differences between juridical and medical conceptions of responsibility.

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