Staples, Robert (1975). Black Crime, White Racism and American Justice: An Application of the Colonial Model to Explain Crime and Race. Phylon, 36, 1, 14-22, Mar 75. The relationship between race and crime is examined in a new theoretical framework which applies a colonial analogy in which the black community is viewed as an underdeveloped colony whose economics and politics are controlled by leaders of the racially dominant group. (EH)…

Ashe, Bernard F.; DeWolf, Gerard John (1974). Procedural Due Process and Labor Relations in Public Education: A Union Perspective. Journal of Law and Education, 3, 4, 561-613, Oct 74. The law regarding constitutional rights of teachers and public employees has changed to strengthen due process procedures. Court decisions are cited. (DW)…

Hechinger, Fred M. (1974). The Case Against Preferential Racial Quotas: Justice Douglas's Dissent in the DeFunis Case. NOLPE School Law Journal, 4, 1, 8-11, 74. In 1974 the Supreme Court voted not to rule on the issue of preferential treatment for minority students that was presented in the DeFunis case. In his dissent, Justice Douglas argued against preferential racial quotas and criticized reliance on examination scores rather than on individual assessment of applicants. (JG)…

Pettigrew, Thomas Fraser (1975). Exploring the Future: Race Relations in the 21st Century. Journal of Law and Education, 4, 1, 39-41, Jan 75. Current trends toward middle-class positivism, subtle discrimination, and less resistance to racial change portend an increase in minority middle-class membership which, in time, will promote more change. (DW)…

Reutter, E. Edmund (1975). Tests and Employment Discrimination. IAR Research Bulletin, 15, 3, 1,6-8, Mar 75. Challenges to employment requirements that may disadvantage some applicants are increasing as Congress has caused the employer to show relationship between any given requirement and the employment. (Author/DW)…

Iwok, Edet R. (1975). Growing Opportunities for Minorities in Business. Business Education Forum, 29, 7, 29-31, Apr 75. …

(1974). Student Rights: A Classroom Simulation. Bill of Rights Newsletter, 8, 2, 23-27, F 74. First, Fourth, Eighth, Ninth and Fourteenth Amendment rights of students are described and followed by a role playing simulation for high school students. (KM)…

Pasternack, Steve; Utt, Sandra H. (1986). "No Thank You, We'd Rather Not": The Rights and Policies of Daily Newspapers Relating to Refusals to Accept Advertising. A study investigated the types of advertisements newspapers refuse as well as the attitudes of advertising managers about guidelines and laws concerning advertising refusal. Newspapers were selected from the "1985 Editor and Publisher Yearbook" using a systematic probability sampling method, and questionnaires were mailed to advertising managers at 150 daily newspapers. Data indicated a tremendous diversity among newspapers regarding their refusal policy. Among the conclusions reached in the study are that southern newspapers tend to be the most conservative newspapers in the country, while southern advertising managers tended to be more conservative with respect to their absolute right to refuse any advertisement in a nonmonopoly situation. Once a policy has been established, written or otherwise, it appears that companies or organizations may not even try to advertise in certain communities. In addition, newspapers want not only to continue the freedom of refusal they… [PDF]

Chilton, W. E., III (1984). Desegregation/Integration and the Media: Fallout from the Brown Decision in West Virginia. This paper provides an anecdotal account of racial relations and integration efforts in West Virginia before and after the Brown decision, from the perspective of the publisher of the "Charleston Gazette," The struggle for racial equality in West Virginia has been filled with contradictions. The first legal action taken in West Virginia against a board of education occurred in 1926 to permit Blacks to use the facilities of Charleston's public library. Blacks began attending West Virginia University extension classes in the mid-1920s, and graduate and professional schools of the university were opened in 1938 following a Supreme Court decision. For a decade prior to the Brown case, conferences sponsored by the State Department of Education were integrated in all activities, and in some counties Black and White teachers' meetings were integrated, as were some county secondary principals' meetings. Immediately following the Brown decision, all curricula and facilities at…

Kelly, James, Jr. (1984). From Here–Where?. This paper discusses generally the impact of the Brown decision of 1954 on education. It presents five major "lessons" suggested by the history of school desegregation: (1) the attack on bigotry and injustice must be fought on all fronts–with votes, political interest groups, multicultural education, economic planning, and political consolidation. Litigation will not by itself solve problems with deep roots in social and economic conditions. (2) Liberty and equality are not polar opposites: equal opportunity must be seen as a goal necessary to all. (3) At present, in some ways, society is more segregated than ever: people have found ways to resegregate, not on specific racial grounds, but with results that are just as destructive to fairness and justice. (4) The costs of social change are charged always to those who are least able to afford the strain. Desegregated schools are no solution as long as society's politics, housing, incomes class structures and churches are…

Washburn, Pat (1983). The "Pittsburgh Courier" and Black Workers in 1942. In early 1942, the "Pittsburgh Courier," the largest black newspaper in the United States, began its Double V campaign stressing the right of black workers to have equality at home when blacks were fighting inequality abroad. An examination of the campaign, however, reveals that it was dead by the end of the year, while substantial gains by black workers did not occur until a year or so later. To discover why the newspaper dropped its campaign before it accomplished its goals, an examination was made of its coverage of black worker issues in 1942. The analysis showed that there was a definite shift in the nature of the articles over the year. In the first half of 1942, the federal government and the military were criticized heavily, but the state and municipal governments and private businesses became targets of criticisms in the second half of the year. This allayed fears of the Federal Bureau of Investigation that the "Courier" was possibly seditious, it left… [PDF]

Kelly, James, Jr. (1984). From Here–Where? (Revised). Thirty years after the Supreme Court's ruling in Brown versus The Board of Education of Topeka, 1954, this paper discusses generally the impact of the Brown decision on education. It presents five major "lessons" suggested by the history of school desegregation. (1) The attack on bigotry and injustice must be fought on all fronts–with votes, political interest groups, multicultural education, economic planning, and with political consolidation. Litigation will not by itself solve problems with deep roots in social and economic conditions. (2) Liberty and equality are not polar opposites: equal opportunity must be seen as a goal necessary to all. (3) At present, in some ways, society is more segregated than ever: we have found ways to resegregate, not on specific racial grounds, but with results that are just as destructive to fairness and justice. (4) The costs of social change are charged always to those who are least able to afford the change. Desegregated schools are…

Zimmerman, William G., Jr. (1974). Human Rights and Administrative Responsibility. Phi Delta Kappan, 56, 4, 243,247, Dec 74. …

(1977). Equal Educational Opportunity, Sex Discrimination Prohibited, Ch 392-190. This document lists the provisions of the Washington state statute which prohibits sex discrimination in: public schools, employment, counseling and guidance services to students, recreational and athletic activities for students, access to course offerings, and in textbooks and instructional materials used by students. All school districts in Washington are directed by the legislation to develop affirmative action programs. Responsibility for enforcement resides with the Superintendent of Public Instruction. Penalties for noncompliance may include the termination of all state apportionment to the offending school district. (Author/AM)…

Birch, I. K. F. (1977). Rights in Education: The Australian Conundrum. Australian Education Review Number 9. This monograph examines the question of what rights students, teachers, and parents have in Australian educational systems and how those rights relate to education in schools. Two types of rights are considered: general rights, which involve all of the participants in education (students, teachers, and parents) in their assigned roles; and particular rights, which are derived from the institutionalizing of education through laws. Chapter 1 focuses on general rights in education, while chapter 2 reviews the pursuit of such rights by students, teachers, and parents. Chapter 3 analyzes Australian educational law to establish the nature and range of particular rights and also includes a discussion of educational administrators. Chapter 4 suggests some possible further developments in the area of educational rights. (Author/JG)…

(1977). The Regents of the University of California, Petitioner, vs. Allan Bakke, Respondent. On Writ of Certiorari to the Supreme Court of California. The main question of this case is whether Allan Bakke was denied the equal protection of the laws in contravention of the 14th Amendment, solely because of his race, as the result of a racial quota admission policy. A statement of the case which reviews pertinent data such as the admission procedure of the medical school, Bakke's interview and rating, the special admission program, the proceedings in the trial court and an appeal are given. It is concluded that the special admission program violated Bakke's right to the equal protection of the law. The medical school's quota was said to up root individual constitutional freedoms and replace them with a destructive system of group rights. Furthermore, the court makes a distinction between quotas and the concept of affirmative action. It is concluded that Bakke's personal right to equal protection was violated. The California Supreme Court correctly decided this case when it considered this action to be a case of racial…

McGuire, John F. (1974). The NCAA–Institution Under Constitutional Seige. Journal of College and University Law, 2, 2, 175-91, Win 74/75. Notes the increasing frequency of judicial attacks on the National Collegiate Athletic Association (NCAA) for enforcing its student-athlete eligibility rules and analyzes the elements required for action: showing that the claimant has been deprived of a constitutionally protected right and that the defendent acted under the color of state law. (JT)…

Mayer, Goetz; Pearson, James C. (1975). Social Control in the Treatment of Adolescents in Residential Care: A Dilemma. Child Welfare, 54, 4, 246-256, Apr 75. Discusses the complex problems concerning the rights of the incarcerated adolescent to control his own mind and body versus the rights of others and the requisites of effective treatment as defined by the clinician. (Author/SDH)…

Limon, Jose E. (1974). El Primer Congreso Mexicanista de 1911: A Precursor to Contemporary Chicanismo. Aztlan, 5, 1-2, 85-117, Spr-F 74. The article argues that many of the major themes which define the "supposedly new" ideology of Chicanismo were anticipated by El Primer Congreso Mexicanista, a political conference held in Laredo, Texas on September 14-22, 1911. Five of the discussions presented at the conference are appended. (NQ)…

McGhehey, M. A. (1969). The Rights of Children: Why a Child's Right to Privacy May Soon Be a Barrier to Boards. Amer Sch Board J, 156, 12, 9,15,16, 69 Jun. …

Fitzgerald, Laurine E.; Sherburne, Paul R. (Ed.) (1969). Student Protest Groups. J Nat Assn Women Deans Counselors, 32, 2, 87-89, 69 W. A more complete version of this panel discussion was published in the Michigan State University Orient, Spring-Summer issue 1968….

(1977). Resource Manual: Impartial Hearing Officers. The document presents a resource manual for impartial hearing officers in the State of Maryland, who will preside at special education hearings as mandated by the Education for All Handicapped Children Act (P.L. 94-142). A copy of P.L. 94-142 is provided, along with the Buckley Amendment and the August 23 and May 4, 1977 issues of the Federal Register (covering implementation of Part B of the Education of the Handicapped Act, and programs and activities receiving or benefiting from Federal financial assistance). Those sections of Maryland State law related to special education hearings are provided, along with the Maryland Association for Retarded Children decree, the Report of the Governor's Commission on Funding the Education of Handicapped Children–Phase II, and joint statements from the Maryland Department of Health and Mental Hygiene and the Maryland State Department of Education. Maryland Special Education Bylaw 13.04.01 is also included. The nature of services offered to…

Geadelmann, Patricia L.; And Others (1977). Equality in Sport for Women. The subject of equal rights and opportunities for women in the field of physical education is discussed in nine articles. The major emphasis is on the legal aspects of sex discrimination. Defining equality, knowing the laws regarding enforcement, understanding the court procedures, and realizing the avenues for change are the essential tools addressed in this book. Appended are summaries of state and federal laws dealing with sex discrimination, samples of complaint forms that may be used to enforce compliance with existing laws, and lists of organizations actively engaged in affirmative action. (JD)… [PDF]

Riley, David P.; And Others (1978). National Incentives in Special Education: A History of Legislative and Court Action. The booklet provides a history of the legislative and court action in the area of special education. The National Defense Education Act of 1958 and the Secondary Education Act of 1965 are cited as two legislative milestones in education. Federal involvement in special education is discussed including the acts assisting the handicapped, gifted, and preschoolers. Numerous court cases are explored with emphasis on the historic Brown versus the Board of Education of Topeka and the decisions on due process rights. State legislative actions are also examined and the background of Public Law 94-142 is summarized. (PHR)…

ROSE, PETER I. (1962). RESEARCH BULLETIN ON INTERGROUP RELATIONS. IN APRIL 1961, QUESTIONNAIRES WERE MAILED TO MEMBERS OF MANY ACADEMIC AND PROFESSIONAL ORGANIZATIONS TO DISCOVER RESEARCH IN THE FIELD OF INTERGROUP RELATIONS. APPROXIMATELY 200 PERSONS WROTE OF RESEARCH UNDERTAKEN. ABSTRACTS OF THE REPORTED RESEARCH ARE PRESENTED UNDER ONE OF THREE HEADINGS–COMPLETED, CURRENT, AND PLANNED. COMPLETED AND CURRENT STUDIES IN THE GENERAL AREA OF PREJUDICE AND DISCRIMINATION INCLUDE–MEASUREMENT OF STEREOTYPING, EMOTION IN PREJUDICE, EVALUATIONAL REACTIONS TO ACCEPTED-ENGLISH SPEECH, MINORITY GROUP IDENTIFICATION, PROPAGANDA EFFECTS ON THE PREJUDICED PERSONALITY, THE FUNCTIONS OF STEREOTYPES IN BEHAVIOR, RACE AWARENESS AMONG PREADOLESCENT BOYS, RACIAL ETHNOCENTRISM, AND NEGROES WHO ARE PREJUDICED TOWARD CATHOLICS, PROTESTANTS AND JEWS. AMONG THE MORE SPECIFIC STUDIES IN RACIAL, RELIGIOUS, AND ETHNIC RELATIONS ARE SUCH STUDIES AS ASSIMILATION OF THE SPOKANE INDIANS, JEWISH-GENTILE COURTSHIP, THE JEWS OF MIDDLETOWN, REACTIONS TO TEMPLE BOMBING, THE…

Darsey, James (1977). Escalation of Agitative Rhetoric: A Case Study of Mattachine Midwest, 1967-1970. This paper examines the adequacy of Bowers and Ochs' theory of social movements as applied to the escalating agitative strategies of a dissident group, the homosexual-rights organization Mattachine Midwest. The group's activities are described chronologically, in terms of the strategies employed: petition, promulgation, polarization, solidification, politicization, coalition, nonviolent resistance, and escalation/confrontation. This sequence is compared to the Bowers and Ochs schema, which is found to remain largely intact. Two of the strategies, politicization and coalition, were not part of the original schema. Limitations and advantages of the Bowers and Ochs' approach are discussed in the light of the results of the case study. (AA)… [PDF]

Coles, Ann S. (1978). Racism: The Evolution of a Concept. Many people have attempted to define exactly what racism is and what causes it. While there is no commonly accepted definition, there is agreement with regard to the facts that (1) no scientific evidence has been found to support the belief that race determines the history and culture of a people; (2) racism is a learned behavior; (3) definitions of racism which do not include a study of socioeconomic factors are confusing; and (4) racism is an instituional, problem. To understand racism in America, one must study the history of the development of racist thinking, beginning with slave codes passed in the 17th century through the 19th century, the notion of \race suicide\ (genetic inferiority), the erosion of the Reconstruction Period rights given to blacks, up through the inequalities of the 1950s and 1960s. Even with all the recently enacted legislation and institutional policy changes, racism, overt and covert, is still a significant factor in American society. The question of…

Young, D. Parker (1975). Higher Education Law: Current Developments and Issues. During the past dozen years administrators in higher education have been faced with student action that took the form of protest and that many times became violent. Student action is somewhat quieter now and the battleground has shifted largely from the campus to the courtroom. Both procedural and substantive due process are recognized by the courts as rights applicable to the college setting. Students have also pressed for and received recognition that the First Amendment freedoms of speech and expression apply to them. The guidelines included here are offered to help institutions meet the standards of the courts and of applicable legal statutes. The guidelines cover the implications of the new age of majority, the actions students have taken against student activity fees, and the implications of federal legislation, notably Title IX of the Education Amendments of 1972 and the General Education Provisions Act (with the \Buckley Amendment\). (Author/IRT)…

Lentczner, Joan (1975). Struggle in Press Freedom. This paper is a personalized account of one high school journalism faculty advisor's dismissal from her teaching position because she allowed students to publish a series on sex related problems in the high school newspaper. Following a background statement about the case now pending in court, the events leading up to the firing of the teacher are presented by the plaintiff. The remainder of the document consists of the five-part series on sex problems as it was published in the high school newspaper. (RB)… [PDF]

(1966). Academic Freedom, Academic Responsibility, Academic Due Process in Institutions of Higher Learning. Revised Edition. This pamphlet presents a statement of principles by the American Civil Liberties Union concerning the civil liberties and obligations of teachers and desirable procedures involving academic freedom in public and private colleges and universities. Academic freedom and responsibility of teachers embraces two distinct areas: (1) the conduct of a teacher apart from specifically professional responsibilities and (2) his conduct in teaching and other activities directly related to professional responsibilities. Included in the pamphlet are the procedures to be taken with the Civil Liberties Union when a professor feels that his academic freedom in either one of these areas has been infringed upon. (HS)… [PDF]