The Evolving Role of the Courts in Educational Policy: The Tension between Judicial, Scientific, and Democratic Decision Making in 'Kitzmiller v. Dover'

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  • Author(s): Superfine, Benjamin Michael
  • Language:
    English
  • Source:
    American Educational Research Journal. 2009 46(4):898-923.
  • Publication Date:
    2009
  • Document Type:
    Journal Articles
    Reports - Research
  • Additional Information
    • Availability:
      SAGE Publications. 2455 Teller Road, Thousand Oaks, CA 91320. Tel: 800-818-7243; Tel: 805-499-9774; Fax: 800-583-2665; e-mail: [email protected]; Web site: http://sagepub.com
    • Peer Reviewed:
      Y
    • Source:
      26
    • Education Level:
      Elementary Secondary Education
      High Schools
      Secondary Education
    • Subject Terms:
      Courts; Educational Policy; Decision Making; Sciences; Government School Relationship; Democracy; Constitutional Law; Evolution; Creationism; State Church Separation; Court Litigation; Science Education
    • Subject Terms:
      Pennsylvania
    • Subject Terms:
      Establishment Clause; Lemon v Kurtzman
    • Accession Number:
      10.3102/0002831209345398
    • ISSN:
      0002-8312
    • Abstract:
      In "Kitzmiller v. Dover" (2005), a court defined science to decide the legitimacy of teaching intelligent design to high school biology students. This study analyzes "Kitzmiller" in light of the complex and interrelated tensions between judicial, scientific, and democratic decision making that lie at the heart of modern educational governance. This study particularly explores how these tensions become more acute where the meaning of science itself is contested and examines how these tensions can be structured and balanced in a nuanced way in the institutional setting of the courts. Based on this examination, this study highlights major issues that bear upon an analysis of when it is appropriate for governmental entities to define science for educational policy purposes. (Contains 2 notes.)
    • Abstract:
      As Provided
    • Number of References:
      67
    • Publication Date:
      2010
    • Accession Number:
      EJ883307