ID and the Establishment Clause

Given the proceedings in Dover, the timing of this could not be better. Matt Brauer, Barbara Forrest and Steven Gey have written what is probably the most thorough review of the question of ID and whether teaching it in schools violates the establishment clause. The resulting article, published in the Washington University Law Quarterly, is now available on the web (caution: it's a PDF file and it's huge, nearly 150 pages long). Matt Brauer is a Panda's Thumb contributor, while Barbara Forrest should be familiar to all readers of this blog. Steven Gey, interestingly, was the lead attorney in Edwards v Aguillard, the Supreme Court case that declared creation science unconstitutional to teach in public school science classrooms. He is now a professor of law at Florida State.

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Jay Wexler of the Boston University School of Law has an upcoming article in the Washington University Law Quarterly which responds to the arguments of Francis Beckwith concerning the constitutionality of teaching ID. Beckwith is a Discovery Institute fellow and the associate director of the Dawson…
Steven Gey, Matthew Brauer and Barbara Forrest have published a new working paper on SSRN, Is It Science Yet? Intelligent Design Creationism and the Constitution. Here is the abstract: On several occasions during the last eighty years states have attempted to either prohibit the teaching of…
Ed. note: This is a guest post on the ACLU lawsuit filed against the school board in Dover, Pennsylvania by Dan Ray. Dan is an attorney and the director of the Paralegal Studies Program at Eastern Michigan University. He studied in law school under the esteemed Jack Balkin of the Yale Law School.…
At 1 pm today, there is a press conference at the state capital in Harrisburg, Pennsylvania to announce the filing of a federal lawsuit against the Dover School District over its new policy to mandate the teaching of Intelligent Design Creationism in public school science classrooms in that…

Dave S wrote:

Surely this poor woman has no voice left!

To make things worse, Barbara teaches at Southeastern Louisiana University, which was hit hard by Katrina. So in the process of preparing her expert report in this case, being deposed and preparing for trial, she's had to deal with a major disruption to her life and work. SELU had to rearrange its fall schedule to compress one term into a shorter time and deal with the loss of hundreds of students and the gain of over a thousand new students from New Orleans who were displaced. It's been a difficult few months for her all the way around. It's pretty incredible, and to her great credit, that she did such a great job in the midst of all this disaster.

egads... what other field of academia put out journals with 150 page articles? I swear, sometimes I think law scholars are trying not to be accessible.