Lord, Janet E. (2002). Understanding the Role of an International Convention on the Human Rights of People with Disabilities: An Analysis of the Legal, Social, and Practical Implications for Policy Makers and Disability and Human Rights Advocates in the United States. White Paper. This White Paper by the National Council on Disability urges the support and participation of American policymakers and organizations representing people with disabilities in the drafting of an international human rights treaty specifically addressing the rights of people with disabilities. Following an executive summary and an introductory section, the first section provides background information on disability law in the United States and human rights for people with disabilities within the international human rights system. The fourth section offers suggestions for addressing the human rights of people with disabilities in sections urging a paradigm shift in which "needs" become rights and discussion of universality and international human rights law. The fifth section proposes an international convention on the rights of people with disabilities with discussion of transformative participation in an international human rights treaty-making process, promoting… [PDF]

Shiman, David A. (1993). Teaching Human Rights: Grades 7 through Adult. This curriculum resource on human rights is rooted in the United Nations Universal Declaration of Human Rights and seeks to help students understand the issues involved. Using the rights categories suggested by the Universal Declaration, this book offers new ways of teaching about familiar themes. The book contains activities to encourage students to compare across cultures and to challenge them to examine their own society and to reflect on their own lives. There are generic human rights activities that can be used for any part of the world to be studied, as well as those dealing specifically with examples from Chile, the Peoples Republic of China, Kenya, South Africa, and the former Soviet Union. (EH)…

Sontag, Ed; And Others (1973). Considerations for Serving the Severely Handicapped in the Public Schools. Education and Training of the Mentally Retarded, 8, 2, 20-6, Apr 73. …

Dybwad, Gunnar (1972). Basic Legal Aspects and Provision for Medical, Educational, Social and Vocational Help to the Mentally Retarded. Australian Journal of Mental Retardation, 2, 4, 97-105, Dec 72. …

Gaines, Ervin J. (1970). Libraries and the Climate of Opinion. Libr Trends, 19, 1, 39-46, Jul '70. A perspective on the history of censorship to help in understanding our present circumstances. One noisy opionated citizen can upset the functioning of a school or public library. (NH)…

(1972). Student Rights and Responsibilities. Today's Education, 61, 1, 50-2, Jan 72. Article summarizes National Education Association pamphlet. As citizens, students should have full protection of Bill of Rights, due process, protection from illegal search or seizure. As clients of institution, should have substantial influence on how institutions affect their lives. Proper disciplinary procedures for minor and major infractions also outlined. (PD)…

Davidson, Kenneth M. (1976). Preferential Treatment and Equal Opportunity. Oregon Law Review, 55, 53-83, 76. Concern is with the design of appropriately limited preferential remedies. Before considering who should formulate preferences and how their use should be limited, this article examines the definition of preferential treatment, legal constraints on its use, and factors making its use permissible. (LBH)…

Troup, David P. (1975). Long Hair and the Law: A Look at Constitutional and Title VII Challenges to Public and Private Regulation of Male Grooming. Kansas Law Review, 24, 1, 143-72, F 75. Arguments that have been advanced in court by both sides of the controversy are examined, and it is concluded that male grooming regulations may effectively exclude a significant proportion of males from job opportunities or require them to alter their personal appearance for reasons probably unrelated to job performance. (LBH)…

Arons, Stephen (1977). Is Educational Choice a Civil Liberty?. Civil Liberties Review, 3, 6, 67-70, Feb-Mar 77. Reviews \Nonpublic School Aid\ (Lexington Books, 1976) in which \conservative economist and historian E. G. West has produced a plan for aid to private schools: the gradual introduction of 'user fees' to cover the cost of public school. The eventual result of this plan would be to nearly equalize the cost of public and private schooling so that any family would have a freer choice of which kind of school to attend.\ (Author/JM)…

(1976). Title VII–Sabbath Observer Discrimination–Reasonable Accommodation-Undue Hardship Standard–Establishment Clause–Reid v. Memphis Publishing Co. New York Law School Law Review, 22, 1, 143-59, 76. Reid v. Memphis Publishing Co. represents an anomaly within a developing decision-making trend that is sensitive to the Sabbath observing employee's statutory rights as well as his constitutional right to be uninhibited in the free exercise of his religion. For journal availability see HE 508 783. (LBH)…

Gupta, Meghna; Ross, Loretta J. (1998). Bringing Human Rights Home: Human Rights Education for the 21st Century. Social Education, v62 n6 p377-80 Oct. Discusses the purpose and focus of human-rights education. Traces the definition of human rights, emphasizing the role of the United Nations Declaration of Human Rights (UDHR). Compares the U.S. record on human rights against the UDHR. Suggests that human-rights education is limited, and offers ideas for improvement (DSK)…

Eide, Asbjorn (1998). The Historical Significance of the Universal Declaration. International Social Science Journal, n158 p475-97 Dec. Explains the historical significance of the Universal Declaration of Human Rights. Focuses on the initiative for the Declaration and its elaboration, the precursors to modern human rights, the foundation of the Declaration, the rights contained in the Universal Declaration, three modes of human rights analysis, and global governance and human rights. (CMK)…

Stern, Ralph D. (1994). Hate Speech: Political Correctness v. the First Amendment. Both freedom of speech and freedom from discrimination are generally accepted expressions of public policy. The application of these policies, however, leads to conflicts that pose both practical and conceptual problems. This paper presents a review of court litigation and addresses the question of how to reconcile the conflicting societal goals of free speech and freedom from discrimination, considering the limited guidance provided by courts. The following principles emerged from the review of cases: (1) Racially biased conduct, including speech, which interferes with another person's ability to benefit from or participate in the district's programs creates an unlawful racially hostile educational environment; (2) school districts have an affirmative obligation to take prompt and decisive remedial action when racially biased conduct creates a hostile educational environment; (3) the nature of the remedial action must be designed to redress the harm caused by the offensive conduct… [PDF]

Herman, Robin Ira (1983). Poverty, Minority, and Exceptionality. Educational Forum, v48 n1 p47-63 Fall. The purposes of this article are to heighten sensitivity to the needs of poor minority parents with exceptional children, to encourage the use of due process and equal protection in school programing, and to diminish the vast involvement of the courts in parent-school conflicts. (SK)…

Horvath, Michael John; And Others (1991). Special Education and the Law. This paper summarizes results of federal legislation and court litigation addressing special education issues. The first section considers cases in which rights were secured through litigation. These include rights of minority groups, rights of the mentally ill, rights of the mentally retarded, and the right to a fair classification. The second section discusses specific cases concerned with the right to education especially the Pennsylvania Association for Retarded Children versus the Commonwealth of Pennsylvania case. Litigation about aspects of Public Law 94-142, the Education for All Handicapped Children Act, is reviewed next including issues of prior legislation, specific provisions, and parent rights. Clarifications of succeeding legislation (e.g., P.L. 98-199, P.L. 99-457, and P.L. 101-476) are briefly summarized. Legislation specifically addressing vocational rehabilitation and developmental disabilities is considered next. Finally post P.L. 94-142 issues are discussed….

Cambron-McCabe, Nelda H.; McCarthy, Martha M. (1987). Public School Law: Teachers' and Students' Rights. Second Edition. To assist school personnel in understanding current application of the law, provide an awareness of rights and responsibilities, motivate educators to translate basic concepts into actual practice, and generate an interest in further study of the law, this text is presented. Legal issues involving the rights of students and teachers in daily school operations are examined in 14 chapters: (1) "The Legal Foundation of Public Education" (examining the state and federal role in educational law); (2) "Church-State Relations"; (3) "School Attendance and Instructional Issues"; (4) "Students' Rights in Noninstructional Matters"; (5) "Student Classification Practices"; (6) "Student Discipline"; (7) "Terms and Conditions of Employment"; (8) "Teachers' Substantive Constitutional Rights"; (9) "Discrimination and Employment"; (10) "Termination of Employment"; (11) "Collective…

(1992). School Desegregation–The Unfinished Agenda. Proceedings from the Daisy Bates Educational Summit (Little Rock, Arkansas, May 9-11, 1991). This publication presents the proceedings of an educational summit held in May 1991 to honor D. Bates and to examine the unfinished agenda of the desegregation movement. Bates was President of the Arkansas State Conference of the National Association for the Advancement of Colored People (NAACP) when the Little Rock (Arkansas) School Board voted to desegregate Central High School in 1957. At the summit in 1991, 21 education scholars, NAACP staff and national board members, state and local NAACP presidents, and selected education and legal redress chairpersons gathered to discuss the current status and future prospects for school desegregation. The proceedings are presented in a narrative form concerning the following topics or sections: (1) introduction; (2) conference overview; (3) whether school desegregation is still feasible; (4) desegregation successes and failures; (5) second and third generation desegregation (within school segregation and unequal educational outcomes); (6)…

Angell, Ann V. (1990). The Rights of Children in Japan: A Teaching Unit for the Upper Elementary Grades (4-6). Designed for grades 4-6, this teaching unit explores children's rights from a comparative perspective by focusing on the rights of Japanese children as revealed in a collection of stories written by Japanese junior high school students. The unit outlines a series of lessons that explore the nature of children's rights and inquire about the extent that young people in Japan enjoy those rights. The unit contains a set of 20 stories that depict the daily lives of Japanese young people. Supplementary materials include: (1) the text of the U.N. Declaration of the Rights of the Child; (2) text of the U.N. Convention of the Rights of the Child; and (3) selected news articles related to children's rights in Japan and published between 1989-90. Four introductory activities and two additional activities provide ideas for working with the stories and text. (CK)… [PDF]

Astin, Paul (1986). Dictatorships and Repression against the Universities: The Transition to Military Rule in Latin America and the Impact on Enrollments in the Social Sciences. This paper focuses on the transition to military rule in Brazil (1964), Uruguay (1973), Chile (1973), and Argentina (1976) and examines the argument that the disciplines which lend themselves to analysis of the social order, such as the social sciences and humanities, are most often the target of political repression. Argentina, Uruguay, and Chile all had stable democracies for most of the 20th century, and each suffered an abrupt transition to brutal military rule. Brazil had a shorter tradition of democratic government when it fell to military rule in the 1960s. In each case the transition to military rule was followed by repression against academic freedom, including purging of university faculty and students, closing entire departments and universities, and at times the murder of students and faculty by the military. The social sciences suffer more than other disciplines under repressive regimes because they sensitize students to problems inherent in the existing social order….

Carroll, Diane, Ed.; Jain, Harish C., Ed. (1980). Race and Sex Equality in the Workplace: A Challenge and an Opportunity. Proceedings of a Conference (Hamilton, Ontario, September 28-29, 1979). These proceedings contain the addresses and panel and workshop presentations made at the September 1979 Conference on Race and Sex Equality in the Workplace: A Challenge and an Opportunity. (Purpose of the conference was to promote a better understanding of human rights legislation and current equal employment and affirmative action programs and to recommend action-oriented equal employment, compensation, and affirmative action policies.) Three welcoming and four opening addresses are presented first. Nineteen presentations made during three panels and three workshops are then provided. Topics for both the panels and workshops are equal pay, affirmative action, and seniority, promotions, and layoffs. Other conference addresses include (1) Promotions, Layoffs, and Seniority under the Antidiscrimination Laws of the United States, (2) I Recommend an "Industrial Relations" Approach to Race and Sex Equality in the Workplace, and (3) Implications for Policy-Markers, a summary of… [PDF]

(1975). Recommendations to Implement State Board of Education Policy Regarding Racial/Ethnic Concentrations in Schools. This report contains information on the constitutional decision to prevent and eliminate racial and ethnic segregation in the State of California. The implications of the California Supreme Court decision on the constitutional duty of schools to eliminate segregated education are presented, along with the State Board of Education declaration of policy regarding de facto segregation. Six characteristics resulting from the efforts of the Equal Educational Opportunities Commission to assist the State Board to implement the policy are listed. Among them are that academic achievement of all ethnic groups will meet or exceed accepted national norms, that self concept and attitudes toward school and learning will be equally positive among all ethnic groups, that status roles and participation of pupils, school staff, and parents in the life of the school will be comparable among all racial and ethnic groups, and that school staffs will be representative of all racial and ethnic groups…. [PDF]

Federle, Katherine Hunt (1994). Juvenile Court Abolition. Debate. Update on Law-Related Education, v18 n1 p32,36-37 Win. Contends that the juvenile court system should be abolished because its paternalistic underpinnings fundamentally are inconsistent with children's rights. Asserts that current theories of human rights are tied to competency, which has been used historically to exclude women and minority groups from the category of rights holders. (CFR)…

(1978). A Charter for Improved Rural Youth Transition. The Charter is intended to help shed light on rural youths' transition from education to work, and results from the 1977-78 activities of eight rural councils of the Work-Education Consortium. Recognizing the wide diversity of definitions for rural and nonmetropolitan, and understanding that rural youth are faced with economic and educational disadvantagement, the councils feel that their challenge is to work toward creating rural economic opportunities that will enhance the quality of community life and reflect community values. Toward that end, 10 propositions have been developed. While several propositions deal with the roles rural work-education councils should fulfill in providing various opportunities for rural youth, other propositions are: because national data do not adequately reflect the dimensions of rural living, the councils should collect, develop, and disseminate more relevant, accurate, and usable data regarding local rural communities; expansion of education and… [PDF]

Sandmann, Warren (1998). Current Cases on Academic Freedom. This paper discusses current court rulings on academic freedom at the college and university level. The paper focuses on three cases: "Hall v. Kutztown," in which the U.S. District Court for the Eastern District of Pennsylvania ruled that Kutztown University violated the free speech rights of a philosophy professor when it rejected him for two tenure-track positions after he voiced opposition to multicultural education and criticized "barbaric" cultural practices in some countries of Africa and Asia; "Kincaid v. Gibson," in which the U.S. District Court of the Eastern District of Kentucky granted summary judgment for the University of Kentucky, denying any claims of infringement of the First Amendment in the refusal to distribute the school yearbook; and "Loving v. Boren," in which the U.S. Court of Appeals for the 10th Circuit upheld a lower-court decision that a University of Oklahoma professor lacked standing to challenge university… [PDF]

Barham, Frank E.; And Others (1986). The Equal Access Law: One Nation Under God?. Although schools cannot actively promote religiously-oriented activity, neither can they prohibit such activity. The 98th Congress passed the Equal Access Act in an attempt to ground students' rights to practice religion in the schools in well-established constitutional principles requiring equal treatment, protecting student-initiated meetings, and preserving local control of schools. This paper reviews a number of legal issues associated with implementation of the new law, drawing on federal court cases as examples of the problems faced and ways in which those problems may be resolved. Among these issues are the extent to which schools are justified in limiting student activities, and under what circumstances; the extent to which participation in such activities by staff members may be construed as state support or approval; the form to be taken by official responses to violations of the new law; and the ability of students to make mature decisions concerning participation in…

Rustin, Bayard; And Others (1975). The Voting Rights Act–An Historical Perspective. Journal of Intergroup Relations, 4, 2, 5-37, May 75. This address to the morning session of the Southern Policy Conference on the Voting Rights Act of 1965 puts the Act in an historical perspective in which its importance is clearly perceived; also includes is a discussion of the address by Nicholas Katzenbach, Vernon Jordan, James P. Turner, and George H. Esser, persons who either were involved in the passage and/or the implementation of the Act. (JM)…

Counselor, Educator, Student Responsibilities. This publication lists the responsibilities of the counselor/educator and the student in a columnar arrangement. It speaks first to the 12 main aspects of human rights, such as Freedom of Religion, Freedom of Inquiry and Expression, Due Process, Freedom of Association. Under each main division several examples are listed, such as School Religious Practice, Language Usage; then the corresponding counselor/educator and student responsibilities are briefly but clearly stated. (PFS)…

Marshall, Thurgood (1987). The Evolving Constitution. Update on Law-Related Education, v11 n3 p3,48 Fall. Argues that bicentennial celebrations of the U.S. Constitution should be focused on struggles throughout the life of the document rather than the "miracle" of its birth. Illustrates this point by reference to changes in the voting rights and citizenship of black citizens. (BSR)…

Gluckman, Ivan B. (1985). Legal Aspects of Student Activities. NASSP Bulletin, v69 n483 p10-16 Oct. Reviews recent court cases relating to student, school, and staff responsiblity regarding student activities. Includes discussions of regulations concerning student participation, limitations on participation based on conduct, charging fees, and liability in injury cases. (MD)…

Hammond, Edward H.; Vaught, Thomas M. (1976). Search and Seizure in University Owned or Operated Residences. Viewpoints, 52, 5, 21-32, Sep 76. Court litigation concerning search and seizure has made clear that a university cannot violate the individual Fourth and Fifth Amendment rights of the student and that prior judicial review must take place–either by an external magistrate (for court-admissible evidence) or institutional judiciary (for student disciplinary action). (MB)…