Taylor, Olive (1980). The Final Arbiter: A History of the Decisions Rendered by the Supreme Court of the United States Relative to the Negro Prior to the Civil War. Negro History Bulletin, v43 n1 p8-10 Jan-Feb-Mar. Lists significant decisions rendered by the U.S. Supreme Court relative to Blacks prior to the Civil War. Also briefly discusses the political status of Blacks in America and reviews current literature on the subject. (GC)…

D'Angelo, Robert J., Jr. (1979). Immunity Under 42 U.S.C Section 1983: A Benefit to the Public? "Sparks v. Duval County Ranch Co.". Connecticut Law Review, v12 n1 p116-36 Fall. With its holding that both judge Carrillo and Clinton Manges were immune, one by judicial immunity, the other by "vicarious" immunity, the court condoned both judicial and private corruption. Available from University of Connecticut School of Law, 1800 Asylum Avenue, West Hartford, CT 06117. (Author/IRT)…

Katsiyannis, Antonis; Yell, Mitchell L. (2002). Americans with Disabilities Act and the Supreme Court: Implications for Practice. Preventing School Failure, v47 n1 p39-41 Fall. This article first reviews the primary requirements of the Americans with Disabilities Act (ADA), then examines four recent U.S. Supreme Court cases that helped clarify who is entitled to its protection. The cases are Murphy vs. United Parcel Services, Inc.; Albertsons, Inc. vs. Kirkingburg (1999); Olmstead, Georgia Department of Human Resources vs. L.C. (1999); and Board of Trustees vs. Garrett (2001). (DB)…

Bowles, Dorothy (1989). Newspaper Attention to (and Support of) First Amendment Cases, 1919-1969. Journalism Quarterly, v66 n3 p579-86 Fall. Examines the extent newspaper editorials in the twentieth century have supported the first amendment guarantees of freedom of speech and of the press. Finds that support of the first amendment was not always forthcoming in times of domestic crisis. (RS)…

Gregg, Dennis R. (1991). Looking Back: A Reply to Jack Fraenkel. Social Education, v55 n7 p425-26 Nov-Dec. Argues that concern purely with consequences is an inadequate basis for an ethical theory. Suggests that claims based on rights or standards other than the promotion of the greatest happiness be used to guide decisions. Insists that conflict among rights in no way denies their existence or their essence in determinations of distributive justice. (DK)…

Arnold, Vanessa Dean; Roach, Terry D. (1994). Supervising in a Legalized Work Environment. Business Education Forum, v48 n4 p3-5 Apr. Laws that govern society also govern the workplace. Understanding how rights have expanded will give managers insight into the social and legal principles that govern the workplace. (JOW)…

(1998). Repatriation and Reintegration of Unaccompanied Refugee Children. Migration World Magazine, v26 n1-2 p5. The international community must protect the rights of unaccompanied refugee children as they are repatriated or resettled into their own countries. The establishment of guidelines to ensure this and the creation of an independent watch group to monitor reintegration are recommended. (SLD)…

Zhen, Han (2002). On the Historical and Ideal Nature of Human Rights: Reading \Human Rights and Human Diversity\ by A. J. M. Milne. Educational Philosophy and Theory, v34 n2 p239-246 May. The foundation of human rights is social history, which is reflected as a kind of moral ideal. The ideal is produced on the historical base, it thus has real meaning, meanwhile the ideal is the ideal of the development of history; therefore, the history has a style of progress. In this paper, the author suggests the following points: (1) Individual rights is the product of social development; (2) Human rights is the ideal force guiding social development; and (3) The relation between human rights and social interest should be adjusted continuously in the interaction between history and ideal. (Contains 3 notes.)… [Direct]

Welner, Kevin G. (2005). Can Irrational Become Unconstitutional? NCLB's 100% Presuppositions. Equity and Excellence in Education, v38 n3 p171-179 Aug. This article identifies two presuppositions underlying No Child Left Behind's (NCLB) system of adequate yearly progress. The first is that each state must bring 100% of its students up to proficiency on state tests by the 2013-14 school year. The second is that each student's test score must effectively be treated by the state as if his or her school were 100% responsible for that score. The article demonstrates that these two 100% presuppositions are unsupportable and then explores the NCLB rules in the context of the Fourteenth Amendment's Due Process Clause, which prohibits the government from arbitrary exercises of power…. [Direct]

Ahmad, Iftikhar (2004). Shirin Ebadi: A Muslim Woman Nobel Peace Laureate. Social Education, v68 n4 p260 May-Jun. The Nobel Peace Prize is recognized as one of the most prestigious global awards. Each year the Norwegian Nobel Committee, which is appointed by Norway's parliament to select the winner, receives many nominations from around the world. Shirin Ebadi, who is from Iran, became the eleventh female Nobel Peace laureate in 2003. Ebadi is the third Muslim and the first woman from the Muslim world to be honored with the prize. When the Nobel Committee made the announcement, it acknowledged that of the 165 contestants, the committee had selected Ebadi because of the courage she demonstrated in her struggle for human rights and democracy in Iran. This article explores following questions so readers may learn about some of the challenges that citizens of the Muslim world face in their struggle for democracy: (1) Who is Shirin Ebadi? (2) What is her contribution to human rights and democracy in Iran? and (3) What is the significance of the Nobel Peace Prize for Iran and other Muslim societies? A…

Kiwan, Dina (2005). Human Rights and Citizenship: an Unjustifiable Conflation?. Journal of Philosophy of Education, v39 n1 p37-50 Feb. Human rights discourses are increasingly being coupled to discourses on citizenship and citizenship education. In this paper, I consider the premise that human rights might provide a theoretical underpinning for citizenship. I categorise citizenship into five main categories — moral, legal, identity-based, participatory and cosmopolitan. Bringing together theoretical and documentary evidence, I argue that human rights cannot logically be a theoretical underpinning for citizenship, regardless of how citizenship may be conceptualised. This is because human rights discourses are located within a universalist frame of reference, in contrast to that of citizenship, which is located within a more particularist frame. Human rights are conceptually distinct from citizenship, and the conflating of human rights with citizenship not only is conceptually incoherent, but may actually obstruct the empowerment and active participation of individual citizens in the context of a political community…. [Direct]

McCarthy, Martha M. (2005). Controversy Continues over the Pledge of Allegiance. Legal Update. Educational Horizons, v83 n2 p92-97 Win. Saying the Pledge of Allegiance in public schools has generated controversy for more than sixty years. On Flag Day, June 14, 2004, the U.S. Supreme Court sidestepped an opportunity to clarify the constitutionality of public school students reciting \under God\ in the Pledge of Allegiance. But this issue is not going away. Following the Supreme Court's decision, several families voiced interest in mounting new challenges to the religious reference in the Pledge. This article analyzes the 2004 decision and explores how the Supreme Court might rule in a subsequent case regarding the constitutionality of saying the current Pledge in public schools…. [PDF]

Young, Morris (2004). Native Claims: Cultural Citizenship, Ethnic Expressions, and the Rhetorics of "Hawaiianness". College English, v67 n1 p83 Sep. The rhetorics of Hawaii were once generated around expressions of cultural identities and resistance, which has now shifted to organizing around a belief in self-determination as a fundamental human right. This rhetorical shift is illustrated with the help of the site of Hawaii…. [Direct]

Paulo Freire (2000). Cultural Action for Freedom. HER Reprint Series. Harvard Education Press In this volume, we have chosen to highlight the importance of education to human rights by reprinting two articles written by Paulo Freire (1921-1997) in 1970 for the "Harvard Educational Review." These articles contain many of Freire's original ideas on human rights and education–issues that are central to his work. Freire was a pioneer in promoting the universal right to education and literacy as part of a commitment to people's struggle against oppression. As Jerome Bruner recognized after Freire's death in May 1997, Freire left as a legacy his commitment to basic human rights: "He was a brave man as well as a far-sighted one. He made us aware of our mindless cruelties, and now the challenge to all of us is to do something about those cruelties." [Introduction written by Marta Soler-Gallart and B√°rbara M. Brizuela.]… [Direct]

Kritsonis, William Allan; Webb, Patrick (2006). Controlling Those Kids: Social Control and the Use of Pretrial Detention among Youth in the United States of America–National Implications. Online Submission This analysis will identify the theoretical basis associated with the use of pretrial detention among youth in the United Sates. This article is designed to offer a comprehensive description of the use of pre-trial detention of youth. In addition, a theoretical discussion of this "crime-control" measure is identified. Policy implications are recommended. The primary purpose of this article is to investigate the various philosophical components as a basis for legal origins and the philosophical basis associated with the use of pretrial detention in the United States of America. The authors offer critical insights and explanations regarding the use of pretrial detention of youth from a theoretical perspective along with attempting to answer the question why pretrial detention is being used among youth within the juvenile justice system…. [PDF]

D'souza, Jean (2006). Language, Education and the Rights of the Child. World Englishes, v25 n1 p155-166 Feb. In this paper, the author aims to explore the connections between the right to basic education through the medium of the mother tongue and the right to education. She concentrates on child labor in India in general, and in Maharashtra, a state in Western India, in particular. She draws her data mainly from Pune (population 3,000,000), one of the larger cities in Maharashtra, but one may extrapolate from Pune to the rest of the state. An examination of the two rights as they apply to child laborers suggests that there is no necessary link between the two that would imply failure to provide mother tongue education results in deprivation and an infringement of basic human rights. Implications of this study for social workers, educators, linguistic rights researchers, and bilingual studies are discussed…. [Direct]

(2009). Doorways III: Teacher Training Manual on School-Related Gender-Based Violence Prevention and Response. US Agency for International Development The Doorways training program was designed by the U.S. Agency for International Development (USAID)-funded Safe Schools Program (Safe Schools) to enable teachers, community members and students to prevent and respond to school-related gender-based violence (SRGBV). Teachers can play a central role in violence prevention, and they can also help promote nonviolence with families and communities. \Doorways III: Teacher Training Manual on School-Related Gender-Based Violence Prevention and Response\ was designed to train teachers to help prevent and respond to SRGBV by reinforcing teaching practices and attitudes that promote a safe learning environment for all students. Doorways III includes this training manual and \Doorways III: Teacher Reference Materials on School-Related Gender-Based Violence Prevention and Response,\ which contains content information and materials for participants to use throughout the program. Appendices include: (1) School-Related Gender-Based Violence:… [PDF]

Franks, Bridget A. (1986). Children's Intellectual Rights: Implications for Educational Policy. New Directions for Child Development, n33 p75-87 Fall. Assesses the status of children's intellectual rights in educational policy. Examines the history, nature and purpose of public schools, detailing a complex interaction of rights, interests, functions, and constraints. Includes specific practical guidelines for educators, parents, and students. (NH)…

van Geel, Tyll (1986). The Constitution and the Child's Right to Freedom from Political Indoctrination. New Directions for Child Development, n33 p7-23 Fall. Analyzes political indoctrination of children from a legal point of view and discusses four models of child-parent state relationship. Argues for a compromise interpretation of the Constitution; which would prohibit public schools, as agents of government, from indoctrinating children, while setting no limits on parents. (NH)…

Asquith, Christina (2007). Dreams Deferred?. Diverse: Issues in Higher Education, v24 n1 p38-41 Feb. This article describes how Alan Newton has put his life back together after he was set free. Before he came to Medgar Evers College in Brooklyn, Newton spent 22 years locked up in 12 different New York state prisons for a crime he did not commit. His ordeal began when a White woman who had been raped in the Bronx mistakenly identified the 22-year-old in a photo lineup. Thanks to DNA testing and Newton's persistent lobbying, he was exonerated and released in the same Bronx jurisdiction where he had been convicted. Coming out of prison after two decades is a challenge, and it is an even greater struggle for those wrongly incarcerated–most of whom are Black. After spending half of his life behind bars, Newton found himself a free man, but with no job, no work experience, no savings and a lot of catching up to do. Over the past six months, he has put his life back together. He has a scholarship to Medgar Evers College and is pursuing a degree in business. The school has hired him as a… [Direct]

Smith, John David (2007). The Evil that Americans Did. Chronicle of Higher Education, v53 n27 pB9 Mar. Slavery's unequivocal evil lies at the heart of debates over apologizing for America's "peculiar institution" and awarding reparations. In The Problem of Evil: Slavery, Freedom, and the Ambiguities of American Reform, a provocative collection of original essays, the editors Steven Mintz and John Stauffer, along with 23 contributors, admonish scholars to place moral questions in general, but especially American slavery and its legacy, at the center of their work. "Slavery," writes Mintz, a professor of history at the University of Houston, "is a historical evil that the United States has never properly acknowledged or atoned for." Nor have historians grappled with those issues. Stanley L. Engerman, a professor of economics and history at the University of Rochester, and David Eltis, a professor of history at Emory University, find it noteworthy "how little scholarly effort has been expended on explaining how and why evil has been redefined over time,… [Direct]

Cole, Mike; Maisuria, Alpesh (2007). "Shut the F*** up", "You Have No Rights Here": Critical Race Theory and Racialisation in Post-7/7 Racist Britain. Journal for Critical Education Policy Studies, v5 n1 May. The London bombings of 7th July, 2007 (7/7) were a pivotal moment in British society, not only because of the loss of life and injury, but because it was the first time Britain had been attacked by non-white British citizens. This point was underscored by Chancellor Gordon Brown when he stressed that "the uncomfortable facts" have to be faced that the bombers were "British citizens, British born, apparently integrated into our communities, who were prepared to maim and kill fellow British citizens". Here we assess competing explanations for the role of "race" in contemporary society: Critical Race Theory (CRT) and Racialisation. Two central tenets of CRT are critiqued from a Marxist perspective, and the Marxist concept of racialisation is put forward as having most purchase in explaining manifestations of intensified Islamophobia and xenoracism in post 7/7 Britain. (Contains 10 notes.)… [Direct]

Deal, Mark (2007). Aversive Disablism: Subtle Prejudice toward Disabled People. Disability & Society, v22 n1 p93-107 Jan. Blatant forms of prejudice towards disabled people appear to be disappearing in the UK. However, subtle forms of prejudice remain and may be highly damaging to the achievement of the vision of disabled people being "respected and included as equal members of society". In order to assist placing subtle forms of prejudice within a framework, the term aversive disablism is introduced, developed from aversive racism theory and building on Miller, Parker and Gillinson's definition of disablism: "discriminatory, oppressive or abusive behaviour arising from the belief that disabled people are inferior to others". Aversive disablists recognize disablism is bad but do not recognize that they themselves are prejudiced. Likewise, aversive disablism, like aversive racism, is often unintentional…. [Direct]

Zehr, Mary Ann (2007). Amid Immigration Debate, Settled Ground: High Court's School Access Ruling Endures as a Quiet Fact of Life. Education Week, v26 n39 p1, 12-13 Jun. Illegal immigration is a divisive issue in the politically conservative East Texas community of Tyler, known by many locally as "The Rose Capital of America." Drawn by jobs in the rose fields and iron foundries, Mexican immigrants began settling here with their families in the 1970s. Hispanic children–citizens, legal residents, and illegal immigrants alike–now make up 34 percent of the 18,000-student Tyler school system, and the tensions aren't hard to spot. Letters to the "Tyler Morning Telegraph" rail against undocumented immigrants. Some residents complain about the undocumented Mexican men who regularly wait in a local parking lot for day labor. Against that backdrop, the Tyler Independent School District this month will reach a milestone in the area of immigrants' rights: the 25th anniversary of the U.S. Supreme Court's decision in "Plyler v. Doe," which barred Tyler–where the case originated–and other public school systems from charging tuition… [Direct]

Kilman, Carrie (2007). "Gates of Change". Teaching Tolerance, n31 p44-51 Spr. In September 1957, nine brave Black students crossed a line of armed soldiers to integrate Central High School in Little Rock, Arkansas, in the first major test of school desegregation after "Brown v. Board of Education" toppled the notion of "separate but equal." Though this is still an operating high school, on most days tourists stop here. They wander the grounds in clusters, pausing to stand next to the reflecting pool, pointing their cameras upward. They shield their eyes from the sun, squinting to read a sign bearing the school's name. They lean down to remind their children what happened here. This September, Little Rock will honor the 50th anniversary of the Little Rock Nine. The anniversary is more than a chance to look back and honor ordinary students who turned into heroes. It also is a chance to look forward, to see exactly how far we still must travel to achieve the promises set out in "Brown." What makes the story of the Little Rock Nine… [Direct]

(2007). The School Year that Changed a Nation. Teaching Tolerance, n32 p20-25 Fall. On September 4, 1957, 16-year-old Minnijean Brown headed off to her new school, Central High in Little Rock, Ark. She and eight other black youths were slated to become the first African Americans to attend all-white Central High. When they arrived that morning, the "Little Rock Nine," as they would become known, were greeted, not by teachers or the principal, but by the National Guard. Governor Orval Faubus had mobilized the troops in order to keep the teenagers out. The next day, the youths were greeted by an angry white mob and again were turned away. On day three, the teens made it to their first class, but were sent home after a violent mob gathered outside the building. President Eisenhower eventually intervened, sending federal soldiers to walk alongside the Little Rock Nine as they went from class to class. Still, for Minnijean and her peers, the 1957-1958 school year would be marked by almost constant harassment. The following year, the governor closed all public… [Direct]

Mishara, Brian L.; Weisstub, David N. (2007). Ethical, Legal, and Practical Issues in the Control and Regulation of Suicide Promotion and Assistance over the Internet. Suicide and Life-Threatening Behavior, v37 n1 p58-65 Feb. The promotion of suicide and description of suicide methods on the Internet have led to widespread concern that legal control is mandated. Apart from value concerns pertaining to attitudes about suicide, the guarantee of freedom of expression presents a serious challenge to the introduction of restrictive laws. Recent developments in Australia and Europe are presented, noting jurisdictional complexity as an obstacle to effective application. Finally, scientific data of an epidemiological nature are revealed to be insufficient to warrant making causal assertions about the Internet and its relation to suicidal acts, including those of vulnerable populations. Recommendations are made with respect to public education, suicide prevention, and future research…. [Direct]

Watson, Keith (2007). Language, Education and Ethnicity: Whose Rights Will Prevail in an Age of Globalisation?. International Journal of Educational Development, v27 n3 p252-265 May. Education and ethnicity cannot be discussed without taking language into account. This paper will argue that any discussion of ethnic minorities cannot ignore the question of language, nor can any discussion of human rights ignore the question of language rights. Unfortunately, in today's globalised world, governments and minorities are faced with conflicting pressures: on the one hand, for the development and use of education in a global/international language; on the other for the use and development of mother tongue, local or indigenous languages in education. Language complexity and ethnic plurality were largely brought about as a result of the creation of nation-states, which were spread around the world as a result of European colonialism. European languages and formal education systems were used as a means of political and economic control. The legacy that was left by the colonial powers has complicated ethnic relations and has frequently led to conflict. While there is now… [Direct]

Lucas, John J.; Rolden-Scheib, Gloria (2006). The Creation and Implementation of a Student Civility Code. College Teaching Methods & Styles Journal, v2 n2 p35-40. This paper examines the design and implementation of a student civility code at a regional campus of a Big Ten University. The paper also provides some guidelines to address student incivility in both the classroom and service offices throughout a higher education institution. The communication of such a student code to promote civility was critical and has also been discussed…. [Direct]

Biesta, Gert; Lawy, Robert (2006). Citizenship-as-Practice: The Educational Implications of an Inclusive and Relational Understanding of Citizenship. British Journal of Educational Studies, v54 n1 p34-50 Mar. Over the last few years there has been a renewed interest in questions of citizenship and in particular its relation to young people. This has been allied to an educational discourse where the emphasis has been upon questions concerned with "outcome" rather than with "process"–with the curriculum and methods of teaching rather than questions of understanding and learning. This paper seeks to describe and illuminate the linkages within and between these related discourses. It advocates an inclusive and relational view of citizenship-as-practice within a distinctive socio-economic and political, and cultural milieu. Drawing upon some empirical insights from our research we conclude that an appropriate educational programme would respect the claim to citizenship status of everyone in society, including children and young people. It would work together with young people rather than on young people, and recognise that the actual practices of citizenship, and the ways… [Direct]