(1969). A New Look at the Courts and Children's Rights. Children, 16, 4, 138-42, 69 Jul-Aug. …
(1981). International Statements on Disability Policy. The document brings together key policy documents related to disability proposed by the bodies of the United Nations system and of major nongovernmental organizations. Statements from nine United Nations agencies are presented: General Assembly; Economic and Social Council; Development Programme; World Conference of Decade for Women; Economic and Social Commission for Asia and the Pacific; Economic Commission for Africa; Economic Commission for Latin America; the UN Economic, Scientific, and Cultural Organization; and the UN Children's Fund. Also represented are the following organizations: International Labour Organization, World Health Organization, International Social Security Association, Council of Europe, Organization of African Unity, Heads of State or Government of the Non-Aligned Countries, Council of World Health Organizations Interested in the Handicapped, Rehabilitation International, Council for the Welfare of the Blind, and World Federation of the Deaf. Statements…
(1981). Black Editors' Responses to Power and Propaganda. Two leading black newspapers were very outspoken during the black American's struggle for equality following the Civil War of the 1860s. The Chicago-based \Conservator\ and \Appeal\ actively encouraged blacks to enter the nationwide power struggle among warring interests on their own behalf, and on a cultural level they attempted to elevate the race above the increasingly disappointing Republican party as a symbol of moral legitimacy. Staunchly defending bourgeois morality and propriety, the editors of both papers exemplified a secular piety, a return to morality through the creation of a secular culture rather than a return to the other-worldly religion of the previous generation. With the rise of racial political consciousness, black newspapers leaned toward reporting black news and away from editorial commentary, as illustrated by continued coverage of the lynchings and other injustices against blacks in the South. The promotion of a respectable middle-class life style and a…
(1980). Children's Legal Status After the International Year of the Child. This paper discusses issues concerning legal protection and the legal rights of children, child law in the United States and in Europe, and attitudes of lawyers and child specialists regarding proposed changes in child protection and child rights laws. Several issues were identified. (1) How can children receive additional legal protection without detracting from the legal advantages that parents, teachers, and other adults enjoy because of their larger power base? (2) How can the unwanted side-effect of diminishing children's legal rights through the passing of child-protection laws be avoided? (3) At what age and under what circumstances should children be given adult legal status? (4) Do the rights in the Constitution apply to children as well as to adults? A large section of the paper is devoted to the problem of the inter-state coordination of child laws. This is handled in the U.S. through such mechanisms as the Constitutional provision of "full faith and credit"…
(1978). The Law and Desegregation. Research Review of Equal Education, v2 n4 Fall. This report reviews and analyzes six books on the subject of the law and racial equality, especially as related to school desegregation. The books examined are: (1)"Government by Judiciary" by Raoul Berger, which examines the Supreme Court's interpretation of the 14th Amendment; (2) "Disaster by Decree," by Lino A. Graglia, which criticizes Supreme Court rulings requiring integration as opposed to prohibiting segregation; (3) "American Constitutional Law," by Lawrence E. Tribe, which also discusses the Supreme Court's commitment to the 14th Amendment; (4) "Desegregation from Brown to Alexander," by Stephen L. Wasby, Anthony D'Amato, and Rosemary Metrailer, which is concerned with the effect of strategic considerations on Supreme Court actions; (5) "Limits of Justice: The Courts' Role in School Desegregation," by Howard I. Kalodner and James J. Fishman, a case study analysis of eight desegregation cases; and (6) "Must We Bus?…
(1977). The Buckley Amendment. This report discusses the passage and implications of the 1974 Buckley Amendment, which completely reversed policy on disclosure of school records. Two features are central to the amendment: the student may inspect nearly every school record that concerns him or her, and the school is prohibited from divulging most aspects of a student's record to anyone without acquiring parental permission. Special attention is given to initial reaction to the law; to the problem caused by the amendment, concerning recommendation letters; and to interpretation of the wording of the bill. Student response to the legislation, regulations concerning the Buckley Amendment, and the outcome of public hearings are also examined. It is concluded that, although potential pitfalls surround the bill, it still provides students with access that, only a few years before, would have been unthinkable. (KS)… [PDF]
(1976). First Amendment and the High School Press Adviser. As journalism teacher-advisors become better trained and better organized professionally, they are more often following the lead of student journalists of the 1960s and clarifying their rights in court. Only two cases relevant to the advisor's First Amendment rights have been decided. Although both decisions were adverse to the advisors concerned, considerations other than First Amendment rights were of primary importance to the courts in each decision. Several out-of-court settlements have supported a trend toward granting advisors the same constitutional rights given students, and two pending cases should serve to further clarify the issue. However, taking a case to court may not always be the wisest resolution. Litigation is costly and time-consuming, and a compromise may be much more effective if reached out of court instead. The key element in any compromise is that the groups concerned should be well informed about what the high school press may and may not do, how those… [PDF]
(1975). An Overview of Federal Court Decisions Affecting Equal Rights for Women in Education. Report No. 70. This publication is a study of federal court decisions as they affect the equal rights of women in education. Because the majority of such cases have involved employment, the main focus of the study is on that area. Primary objective of the study is to derive from relevant federal cases the basic judicial principles applicable to the concept of equal rights for women in education. An effort has been made to present these principles in clear, nontechnical language easily understood by laymen. The study is organized in two parts: one contains the nontechnical presentation of overall findings, and the second, consisting of extensive appendixes, supplements and provides the source for the first part. (Author/JG)… [PDF]
(1975). Even Clients Have Rights. Privilege, Privacy and Protection. Prefaced with citations of the enactment of student rights, this paper outlines the results of a questionnaire dealing with client rights and responsibilities. The right mentioned by the majority of respondents is confidentiality. A Bill of Client Rights and Responsibilities is derived from the survey and presented in three categories: (1) determining if, with whom, and for how long the relationship is to exist; (2) creating a de-mystified and mutual relationship; and (3) developing quality-control measures, involving client evaluation of counseling outcomes. The author suggests that, as counselors and clients establish the rights within the relationship, they naturally become more responsible to each other, and this responsibility carries over into other relationships. (Author/JS)… [PDF]
(1974). Citizens and Handicaps. In a speech delivered at the National Easter Seal Society's Annual Convention (1974), the author discusses progress toward full citizenship for the handicapped focusing on the roles of the Department of Health, Education, and Welfare (DHEW) and the Office for the Handicapped, Constitutional guarantees of equal rights for all citizens, and national goals for services to the handicapped in the 1970's. The Office for the Handicapped is seen to have five functions, the primary function being coordination of the various DHEW programs for the handicapped. The author considers the plight of persons in public institutions for the mentally retarded as a violation of the Eighth Amendment's guarantee against \cruel and unusual punishment,\ and he considers the exclusion of handicapped children from free public education as a violation of the Fourteenth Amendment. Identified are eight objectives leading to the goal of citizenship for all handicapped Americans, such as the enactment and… [PDF]
(1975). Codes of Student Discipline and Student Rights. An ERS Report. This report is intended to serve school administrators by providing basic information, positive suggestions, and examples pertaining to student codes. It presents findings of a recent inquiry regarding written codes of student discipline and replicates examples of selected codes. Seventy-six percent of the 538 responding school systems indicated that they have developed written codes of discipline for secondary level pupils. Large districts (enrollments of 25,000 or more) were the most likely to have such codes; very small districts (enrollments of 200-2,999), were the least likely. Written codes of student rights were much less prevalent; 34 percent of all respondents reported having a written code of student rights. The examples of written codes of student discipline and rights were drawn from the codes of school districts in ten different states. (Author/IRT)…
(1973). Student Marriage and Pregnancy. A Legal Memorandum. The following guidelines emerge from recent court decisions: (1) the right to an education is a fundamental property right not to be denied unless an overriding public interest is served; (2) marriage is not sufficient grounds for exclusion of a student from regular academic or extracurricular activities; and (3) pregnancy, whether the girl is married or unmarried, does not appear to be sufficient grounds for exclusion from the regular academic curriculum and probably even extracurricular activities. In the case of a pregnant student, any exclusion from activities or curriculum should be based on immediate concern for the student and unborn child. A physician should be allowed to determine the extent of academic and extracurricular participation, with mutual agreement, if possible, of the student and her parents. Schools can exclude married and/or pregnant students from regular attendance at school or participation in extracurricular activities only under the burden of proof to show… [PDF]
(1968). Recent Innovations in Judicial Pronouncements Relating to Education. As a product of judicial rulings on the legality of acts of educational authorities and on the constitutionality of educational legislation, the common law authoritatively constrains the actions of school officials. Courts have recently delineated general boundaries in two important areas of school law: (1) Tort liability of school districts, and (2) civil liberties of pupils. The school district's traditional immunity to tort liability and the ability of school officials to enact and enforce reasonable rules and regulations governing the conduct of pupils have been redefined by judicial decisions. Although these decisions have left some specific questions unanswered, school administrators must understand the principles of law that the courts have enunciated, and attempt to keep abreast of the changes in school law likely to be announced by the courts in the near future. (JH)… [PDF]
(1973). Communication Rights of Mankind: Present and Future. The right of man to communicate is likely to be a concern of the Speech Communication Association for some time to come. The communication era promises to unfold in the period from 1970 to 2020–the next five decades. The communications models of the future will emphasize both transmitting and receiving capacities and will be concerned with the effects of communication between cultures, including future shock, cultural shock, and communication shock. The specification of communication needs would be useful to the engineer who designs the communications technology, the statesman who shapes the policy, and the educator who designs the curricula that anticipate the future of human communication. (RB)… [PDF]
(1971). CITIZENS Communications Center for Responsive Media; Progress Report. The aims and activities of the CITIZENS Communications Center are summarized in this pamphlet. CITIZENS, a Washington, D.C. based resource center, provides technical assistance, research and educational services to citizens and community groups attempting to remind the broadcast industry of its duty to serve the interest of all segments of the public. The group's activities are centered around three goals: opening the federal regulatory process to adversary procedures and participation by citizens; aiding citizens and groups in participating in the regulatory and decision-making process and obtaining media access; and informing citizens and community groups of their rights to participate in the decision-making process and to have access to the broadcast media, as well as educating and training advocates to assert these rights. An appendix contains the details of several CITIZENS projects that were carried on in pursuit of these goals. (Author/JY)… [PDF]