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Religion in the Schools: On Prayer, Neutrality and Sectarian Perspectives

Akron Law Review, Vol. 42, pp. 185-241, 2009

Posted: 9 Mar 2009  

Mark Strasser

Capital University - Law School

Abstract

This Article traces the development of modern Establishment Clause jurisprudence with respect to religion in the public schools, noting how the Court's analyses and justifications have changed over time, protestations to the contrary notwithstanding. The Article examines how the logic of the Court's current approach would permit practices long thought to violate Establishment Clause guarantees, concluding that the current approach is radically misconceived as a matter of both constitutional law and good public policy.

Keywords: public schools, sectarian, prayer, content discrimination, viewpoint discrimination

JEL Classification: I28, K10

Suggested Citation

Strasser, Mark, Religion in the Schools: On Prayer, Neutrality and Sectarian Perspectives. Akron Law Review, Vol. 42, pp. 185-241, 2009. Available at SSRN: https://ssrn.com/abstract=1352494

Mark Strasser (Contact Author)

Capital University - Law School ( email )

303 E. Broad St.
Columbus, OH 43215-3200
United States
614-236-6686 (Phone)
614-236-6956 (Fax)

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