The Federal Judiciary and Establishment Clause Jurisprudence:  Application of the Lemon Test since Mitchell v. Helms (open access)

The Federal Judiciary and Establishment Clause Jurisprudence: Application of the Lemon Test since Mitchell v. Helms

The issue of religion and its place in society has been a topic of controversy and debate since long before the creation of our constitutional republic. The relationship between religion and government has witnessed some of its most intense conflicts when the governmental entity in question involves public education. As our country moved into the 20th century, legal challenges in the field of public education began to emerge calling into question the constitutionality of various policies and practices at both the state and local levels. This dissertation examined the legal methodology that was initially developed and then subsequently modified as the judicial branch has interpreted how the Establishment Clause delineates the relationship between religion and public education. Because the United States Supreme Court has not overturned its decision in Lemon v. Kurtzman, the tri-partite test it established still remains the law of the land. Subsequent decisions by the Court leading up to their ruling in Mitchell v. Helms, however, have continued to modify the judiciary's approach toward the use of the Lemon test in Establishment Clause jurisprudence. This research analyzed the decisions of the various federal courts subsequent to the ruling issued in Mitchell to discern both the present position …
Date: May 2011
Creator: Sanders, Russell Scott
System: The UNT Digital Library
The Role of Social Integration in the Persistence of African American Men in College (open access)

The Role of Social Integration in the Persistence of African American Men in College

This qualitative study addressed the experiences of African American males attending a predominantly White university as undergirded by the social integration aspects of Tinto's model of academic and social integration. The methodology was case study. Sixteen semi-structured interviews were held with currently enrolled seniors to capture the lived experiences of their reasons for attending college as well as major influences that contributed to their persistence decisions. The results revealed emerging themes of positive and negative family influence, religious beliefs, and a sense of self-efficacy as instrumental factors for the students' persistence. The level of social integration tended to differ by the age classification (traditional college-going versus non-traditional college student) and by the level of parental education. The components of the social integration model, as developed by Tinto contributed little to the sample's persistence decisions when compared to the themes presented during the interviews. Three observations emerged from the data: (1) The experiences of the non-traditional aged participants were different from the traditional aged college student experiences; (2) Although the participants experienced varying levels of social integration, for most of the 16 students, their persistence decisions were influenced more by their positive and negative relationships with family, religious beliefs, and sense …
Date: May 2011
Creator: Garrett-Spencer, Jacqueline
System: The UNT Digital Library