Constitutional law - Establishment clause - Eighth Circuit holds that public school opened with concessions to religious group does not violate Establishment Clause
Article Abstract:
The US 8th Circuit Court of Appeals in Stark v. Independent School District, No. 640 drew the line at the wrong point when dividing impermissible religious establishment from permissible accommodation of religious beliefs. The court held that the Establishment Clause was not violated by a public school's accommodation of the religious beliefs of the group which subsidized it. The court should have recognized religious subsidies as distinguishable from those from commercial sources. The decision is wrong on the facts and in its treatment of Establishment Clause jurisprudence.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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State constitutional law - school funding - Ohio Supreme Court declares state's public school financing system unconstitutional
Article Abstract:
The Ohio Supreme Court in 1997's DeRolph v. State did not go far enough in protecting Ohio school childrens' constitutional right to quality educations. The court interpreted Ohio constitutional language to hold the school funding system unconstitutional without defining the operative clause. The court placed all authority to ensure the existence of a 'thorough and efficient' school system on the legislature and retained no judicial authority.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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