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

^* To whom correspondence should be addressed. E-mail: bsuperfi{at}uic.edu.

	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.

First published on September 9, 2009, doi:10.3102/0002831209345398

American Educational Research Journal 2009;46:898.

A more recent version of this article appeared on December 1, 2009


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