Irons, Peter; Masugi, Ken (1986). Japanese Americans During World War II. New Perspectives, v18 n1 p2-13 Win-Spr. The arguments in favor of and against monetary redress for survivors of America's wartime internment camps are presented. Pro-redress arguments emphasize the injustices done the victims. Anti-redress arguments focus on the duties for citizenship and the reasonable actions politicians might have concluded were necessary to win the war. (PS)…

Sauers, Lawrence; And Others (1980). Affirmative Action and Human Rights. Journal of Intergroup Relations, v8 n2 p26-48 Sum. Summarizes a background paper presented and discussion held on affirmative action at a 1978 conference for human rights professionals. Paper focuses on litigation relating to jobs and educational opportunity in the United States, while discussion considers affirmative action in Canada and Western Europe. (GC)…

Murphey, Carol E. (1998). Celebrating Human Rights: The 50th Anniversary of the U.N. Declaration. Social Studies Review, v38 n1 p90-92 Fall-Win. Responds to the 50th anniversary of the United Nations' Universal Declaration of Human Rights (UDHR) by arguing that elementary school is an appropriate place to begin teaching about human rights. Outlines the rights enumerated in the UDHR, provides related activities for primary and intermediate grades, and suggests related Web sites. (DSK)…

FRANKLIN, JOHN HOPE (1965). THE TWO WORLDS OF RACE–A HISTORICAL VIEW. NEGRO SLAVERY WAS DEEPLY ENTRENCHED BY THE TIME OF THE REVOLUTIONARY WAR AND THE "PLACE" OF THE NEGRO CLEARLY DEFINED IN THE EARLY DAYS OF THE REPUBLIC. EVEN THE MORE LIBERAL NORTHERNERS FELT THAT NEGROES SHOULD BE ISOLATED FROM THE MAINSTREAM, I.E., IN SEPARATE SCHOOLS WHICH TAUGHT VOCATIONAL SUBJECTS, WHILE SOUTHERNERS PROPOSED COLONIZATION SCHEMES (REPATRIATION) AS A MEANS OF SEPARATING THE RACES. BY THE TIME OF THE CIVIL WAR THE NEGRO WAS WIDELY HELD TO BE DIFFERENT AND INFERIOR. DURING THE WAR AND THE RECONSTRUCTION ERAS THERE WERE NO MEANINGFUL STRIDES TOWARD ELIMINATING RACIAL BARRIERS, AND IN THE FOLLOWING DECADES THE SOUTH BEGAN TO LEGISLATE INEQUALITY AND SEGREGATION BY STATUTE. CONSEQUENTLY, NEGROES DEVELOPED THEIR OWN NEWSPAPERS, CHURCHES, AND ORGANIZATIONS. THE PERIOD FOLLOWING WORLD WAR I WAS ONE IN WHICH RACISM WAS MAINTAINED–DESPITE THE CHANGES DURING THE 1930'S–AND NOT UNTIL THE POST-WORLD WAR II PERIOD WERE EFFORTS MADE TO ATTACK EXISTING RACIAL…

Stetson, Dorothy M. (1977). The Limits of Movement Politics: The Case of British Feminism. Analysis of the British feminist movement from 1850 to 1975 reveals a constant struggle by feminists for equality in the face of legal and social restrictions and a corresponding lack of response by the British government to movement demands. The political organization of the feminist movement is described in four phases. During the first phase, from 1855-1900, feminists were ignored by British political parties. Feminists formed informal societies to deal with education, equal moral standards, sufferage, and employment. The efforts of women activists during the second phase (from 1890-1918) were largely directed toward obtaining votes and jobs for women. During this phase, the Labour party endorsed equal political rights for women, and the National Union of Women's Sufferage Societies and the Womens Social and Political Union replaced the informal societies of the 19th century. During the third phase, which began in 1918, feminists dealt with legal and political rights. However,…

Vergon, Charles B.; Williams, Junious (1974). Student Rights and Responsibilities. A Legal-Educational Bibliography. To foster a better understanding of student rights and responsibilities among school personnel and students and to develop understanding that will contribute to the realization of an equal educational opportunity for all students, this bibliography presents a representative sampling of legal, educational, and general education materials. Its 22 major categories include due process, corporal punishment, compulsory attendance, special education, student records, police in schools, searches, pregnant students, married students, tracking, free education, publication and distribution of literature, symbolic expression, dress and grooming, student demonstrations, religious and patriotic gestures, freedom of association, freedom of speech, academic freedom, arbitrary rules, discrimination in extra-curricular activities, and outside speakers, visitors, and use of school facilities. (Author/DW)… [PDF]

Branson, Margaret Stimmann (1996). The Human Rights Challenge. World reaction to the 1995 release from house arrest of Aung San Suu Kyi, leader and founder of the major opposition party in Burma (now Myanmar), indicates significant change in international relations, specifically in the international political system. The total sovereign states today (249) have increased, as have system "rules" relating to human rights. The concept of human rights was introduced in the 17th century; until World War II, citizens' liberties were considered the bailiwick only of their respective nations; no nation was to interfere with another's administration of rights. The United Nations (UN), created in 1945, was the first manifestation of the idea that a nation's treatment of its citizens should concern the rest of the world. The original member states agreed that "human rights and fundamental freedoms" should be a high priority. The UN, regional human rights regimes, and nongovernmental organizations primarily have been responsible for… [PDF]

Brown, Wesley, Ed. (1996). The Teachers & Writers Guide to Frederick Douglass. First Edition. The 12 essays in this book provide a variety of ways to get students engaged and inspired by the "Narrative of the Life of Frederick Douglass, An American Slave" (1845). Most of the essays emphasize writing as a means for students to learn about Douglass, his times, and his legacy, as well as implications for the students themselves. Essays include: (1) "Knowledge Is Power" (Lorenzo Thomas); (2) "From the Heroic to the Personal" (Margot Fortunato Galt); (3) "Narrative of the Life of English 3B" (Marvin Hoffman); (4) "What Frederick Douglass Doing in a Place Like This?" (Douglas Day); (5) "Frederick Douglass" (Opal Palmer Adisa); (6) "Frederick Douglass and Elie Wiesel" (Peter E. Murphy); (7) "Going to See Frederick Douglass" (Martin Haber); (8) "Using Douglass"Narrative' as Motivation for Student Writing" (Charles Kuner); (9) "A 'Kindred' Assignment" (Joyce Dyer); (10)…

Mueller, Jean West; Schamel, Wynell Burroughs (1989). Reconstruction, the Fourteenth Amendment, and Personal Liberties. OAH Magazine of History, v4 n1 p60-66 Win. Provides a lesson plan for focusing on the legal struggle to secure personal liberties during the age of Reconstruction. Analyzes the Fourteenth Amendment and a petition from the citizens of Cleveland, Tennessee, in order to identify the methods of change at the federal level and the limitations of such action. (KO)…

Flowers, Nancy (1998). The Universal Declaration of Human Rights: 50 Years Old but Still Coming of Age. Update on Law-Related Education, v22 n3 p6-11 Fall. Highlights the events of the past 50 years concerning the Universal Declaration of Human Rights that is the first document in human history to codify rights that apply to every person regardless of citizenship in a particular country. Explains why the United States does not comprehend the value of the declaration. (CMK)…

(1998). Juvenile Justice – Decline Hearing: Judges in the Classroom, Secondary School Lesson. This lesson plan for grades 9-12 uses a videotape to examine the difference between the adult and juvenile justice systems. The lesson plan presents objectives, lists materials needed, and details classroom procedures. It also provides a handout on the differences between juveniles and adults before the law and offers information on "The Kent Criteria." (BT)…

Delgado, Richard (1974). College Searches and Seizures: Students, Privacy, and the Fourth Amendment. Hastings Law Journal, 26, 1, 57-88, Sep 74. Judicial handling of Fourth Amendment issues arising from warrantless searches of college students' housing has concentrated on the status of the student. The author points out the defects in the status theories which have been used to justify relaxed standards of protection for college students. (Editor)…

(1986). Electoral Law: Documents on Politics and Society in the Federal Republic of Germany. Free elections are one of the fundamental principles of any parliamentary democracy. The constitution of the Federal Republic of Germany, the Basic Law, stipulates in its article 20(2) that "all state authority emanates from the people" who exercise that authority "by means of elections and referendums and through special legislative, executive and judicial organs." These principles are irrevocable. This booklet includes the text of the Electoral Law of the Federal Republic of Germany enacted on May 7, 1956 and material about the electoral system, electoral bodies, franchise and eligibility, preparations for elections, the polls, establishment of the election results, special regulations for by-elections and repeat elections, attaining and losing membership in the German Bundestag, and final provisions. (BZ)…

Citron, Christiane (1982). The Rights of Handicapped Students. The monograph reviews legal principles derived from state and federal statutes, constitutions, and court cases (table listing over 350 cases is included) regarding the education of handicapped children. Following an executive summary, an introduction explains the scope of the booklet and lists the major sources of the rights of handicapped students. In subsequent sections, the following topics are addressed: substantative rights (federal constitutional sources, a free appropriate public education, individualized education programs, related services, the least restrictive environment, costs, sports, and access); procedural rights (informal dispute resolution, prior notice, evaluation procedure, and special considerations in discipline); and remedies (fund withholding, individual lawsuits). A concluding chapter summarizes common themes in special education laws, briefly recounts the impact of P.L. 94-142 on state governments, and notes the existence of state special education statutes…

(1976). [Report from the Student Press Law Center.]. The Student Press Law Center serves as a national clearinghouse to collect, analyze, and distribute information on the First Amendment rights of student journalists and journalism teachers and on violations of these rights in high schools and colleges. This report details information concerning current censorship incidents: the investigation by the United States Post Office of the Bennett Publishing Company, charges of censorship brought by an Illinois school-district publications adviser, various violations of First Amendment rights in the Maryland public schools, and similar occurrences in Ohio and Wisconsin high schools. At the college level, topics discussed include the dismissal of an editor from the University of the Pacific (California), protest by members of the United Farm Workers against Gallo wine advertisements run in the California college press, the adoption of an open-meetings policy in Illinois, and conflicts in Michigan, Mississippi, New Jersey, Ohio, and Tennessee…

MacKay, Robert (1977). Children's Intellectual Rights. Interchange, 8, 1-2, 109-18, 77-78. The author examines the question of children's intellectual rights in two ways: first, how the question of rights in general arises, and, second, the rights implied in two educational contexts–testing and classroom lessons. (MJB)…

(1978). ASCA Position Statement: Student Rights: A Right to Due Process. School Counselor, 25, 5, 335, May 78. Presents the American School Counselor Association position statement on student rights by declaring its support of \the rights of all students to be guaranteed the protections of due process as provided by the United States Constitution.\ The role of the counselor is also discussed. (Author/HLM)…

Adams, Julian (1986). Fraser, Hazelwood Decisions: One Negative, One Positive. Communication: Journalism Education Today (C:JET), v20 n1 p14-15 Fall. Discusses the federal court cases of \Bethel School District v. Fraser\ and \Kuhlmeier v. Hazelwood School District,\ which resulted in one win and one loss for freedom of student expression. (SRT)…

Genser, Lillian (1985). Children's Rights and Responsibilities–A Teaching Unit for the Elementary Grades. Social Education, v49 n6 p500-03 Sep. The 10 principles of the document \The Declaration of the Rights of the Child and the Child's Declaration of Rights and Responsibilities\ are used in this elementary teaching unit. Following each principle, a \right\ and a \responsibility\ are listed. Children discuss the document. Additional activities and resources are also suggested. (RM)…

Sendor, Benjamin (1986). Good News: Courts Uphold 'Reasonable' Searches. American School Board Journal, v173 n3 p24 Mar. In the "New Jersey vs. T.L.O." decision the Supreme Court clarified the law concerning student searches. Reviews two recent California cases illustrating how courts are interpreting the Supreme Court decision in a way that upholds reasonable student searches. (MD)…

(2005). Procedural Safeguards in Special Education Under IDEA. Montana Office of Public Instruction Parents of a child who may receive special education, have certain rights that are guaranteed by federal law: the Individuals with Disabilities Education Act (IDEA). These rights are listed in this brochure and include parental rights to participate in meetings dealing with the identification, evaluation, and educational placement of your child and the provision of a free appropriate public education to your child. One of these parental rights is to be informed of all the rights available to you in writing, in your native language (unless it is clearly not feasible to do so), and at a level understandable to the general public. You are entitled to a copy of these procedural safeguards at least one (1) time per year, and: (1) upon initial referral or parental request for evaluation; (2) upon the initial filing of a complaint; and (3) upon request by a parent. If you would like a full explanation of these rights, please contact your local school district superintendent or director of… [PDF]

Burns, B. Darren; Dieterich, Cynthia A.; Villani, Christine J. (2002). Resurrection of the Eleventh Amendment: Are the Rights of Special Education Students in Jeopardy?. The 11th Amendment, ratified in 1798, has proved itself a great source of discussion, even confusion, among many courts in this country. Historical background on the development of the 11th Amendment and its interpretations in different cases sets the context for the rest of this paper, the theme of which involves state immunity from federal suits. Although language of the amendment preserves the sovereign immunity of the states, it is settled that this protection extends also to state agents, state instrumentalities, and regents. This extension does not, however, reach to counties and municipalities. Consequently, there are some county school districts that do not enjoy such immunity from federal suits. It remains to be seen how this split plays out in the area of lawsuits brought for alleged violations of federal law governing special education and disabled students. In the area of rights of students with disabilities, as with other federal laws, it remains to be seen whether a…

(2001). What Schools Need To Know: LGBT Students and the Law. This document examines legal issues regarding the education and rights of lesbian, gay, bisexual, and transgender (LGBT) students and the responsibilities of school personnel to protect them. Part 1, "Issues of Freedom," discusses whether students have the right to form LGBT student groups, to express their points of view on LGBT issues, to post relevant information on student bulletin boards, to access LGBT information in school libraries, to raise LGBT issues relevant to classroom discussions, and to take same-gender dates to school functions. Part 2, "Issues of Equality and Safety," discusses whether the Equal Protection clause of the 14th Amendment protects LGBT students from harassment, how the law defines sexual discrimination and harassment, types of conduct considered sexual harassment, whether schools are liable for peer sexual harassment of LGBT students at school, whether school personnel must report abuse or neglect of LGBT students at home, and… [PDF]

Ransom, Lawrence B. (1976). Employment Discrimination: Statute of Limitations Under Section 1981 Not Tolled by Filing of Charges with EEOC Under Title VII. Wisconsin Law Review, 1, 288-305, 76. In Johnson v. Railway Express Agency, Inc., the Supreme Court considered Willie Johnson's complaint of racial discrimination with respect to seniority and job assignments. The author suggests that the Court avoided constructive consideration and application of federal policies to combat employment discrimination. (LBH)…

Ramsland, John (1989). La Maison Paternelle: 'A College of Repression' for Wayward Bourgeois Adolescents in Nineteenth and Early Twentieth Century France. History of Education, v18 n1 p47-55 Mar. Describes the Maison Paternelle de St Antoine near Tours, France, which operated as a private institution for the correction of recalcitrant bourgeois adolescents from 1855 until 1909. Cites the suicide of an inmate as the factor which led to the closing of this facility and the focusing of attention in France on the rights of children. (KO)…

Ford, Donna Y.; And Others (1995). Meeting the Educational Needs of the Gifted: A Legal Imperative. Roeper Review, v17 n4 p224-28 May-Jun. Developments at the federal level affecting the legal and educational rights of gifted students are briefly examined, along with evidence supporting the need to establish special programs that are mandated and for which state schools are accountable. Eight challenges are presented and accompanied by recommendations regarding education for children who are gifted. (Author/SW)…

Mawdsley, Ralph D. (2004). Student Rights, Safety, and Codes of Conduct. New Directions for Community Colleges, n125 p5-15. Community college students, like students in all of higher education, find their relationship with the college defined by contract. However, this contract is shaped and influenced by rights granted under state and federal constitutions and statutes. Knowing what these rights are can assist college officials in avoiding unnecessary litigation…. [Direct]

O'Keefe, Bryan; Vedder, Richard (2008). "Griggs v. Duke Power": Implications for College Credentialing. John William Pope Center for Higher Education Policy (NJ1) This paper is about a court case decided by the U. S. Supreme Court in 1971. Although attorneys recognize that the case is important to businesses, its impact on colleges and universities has been explored by only a few. As this paper will show, "Griggs v. Duke Power" may have enormously boosted the number of students in college and may have increased the differential in income between high school and college graduates. It may have led to higher tuition, without providing commensurate additional value. This paper will describe "Griggs," the environment from which it emerged, and the subsequent judicial and political activity that created such great constraints on testing. It will discuss testing today and then provide economic information suggesting the magnitude of the changes that "Griggs" may have instigated. This paper suggests that additional scholarly work on the impact of "Griggs" on higher education is appropriate. (Contains 2 figures… [PDF]

Belanger, Denise; Brown, Lou; Certo, Nicholas J.; Courey, Susan; Luecking, Richard G.; Murphy, Sara (2008). Seamless Transition and Long-Term Support for Individuals with Severe Intellectual Disabilities. Research and Practice for Persons with Severe Disabilities (RPSD), v33 n3 p85-95 Fall. The amendments to the Individuals with Disabilities Education Improvement Act (IDEIA) in 2004 reiterate the significance of producing real postsecondary education, employment, and independent living outcomes. However, current employment data continue to show widespread unemployment and very limited access to inclusive community environments and services for adults with severe intellectual disabilities. On the contrary, data from the Transition Service Integration Model (N. J. Certo et al., 2003) demonstrate that these recalcitrant problems could be attenuated if two changes are implemented: the transition from school to adulthood components of IDEIA be strengthened to explicitly authorize school districts to subcontract with appropriate private agencies at the point of transition to produce direct-hire, individualized employment and adult living outcomes and that the federal government amend the Developmental Disabilities Assistance and Bill of Rights Act to provide an entitlement to… [Direct]

Ding, Yi; Van Dyke, Don C.; Xiao, Fei; Yang, Ling-Yan (2008). Post-Mao China: Educational Services for Exceptional Individuals. Journal of the International Association of Special Education, v9 n1 p38-50. When William Moore, a Scottish Presbyterian pastor, established the first special school in China in 1874, the country began her long and circuitous journey toward establishing formal educational services for individuals with special needs. Special education in China developed slowly on the infertile soil of continual wars, political instability, and adverse economic conditions for about three quarters of a century. These services are now developing more rapidly in concert with economic reforms and the Open Door Policy initiated in 1978. Legislative and policy changes initiated by the central government have encouraged increasing numbers of exceptional students to enroll in elementary and secondary schools, with similar outcomes occurring in vocational education and higher education. Although recent achievements in providing educational services to exceptional individuals have been positive, further development of special education in China warrants systematic efforts in improving… [Direct]