(1976). Conference on Minority Women Scientists. Science, 191, 4226, 457, Feb 76. Minority women in science met to discuss ways to eliminate discriminatory practices in education, business, and the professions. (MLH)…
(1974). Gay Students Organization v. Bonner: Expressive Conduct and First Amendment Protection. Maine Law Review, 26, 2, 397-414, 74. In Gay Students Organization v. Bonner the GSO sought judgment on the constitutionality of the University of New Hampshire's ban on its dances. The court afforded the dances First Amendment protection as a right attaching to University recognition of the GSO. This note proposes a first amendment analysis focusing on the dance as communicative conduct. (JT)…
(1975). The Question of Academic Freedom — The Bill of Rights and the Public Schools: Change and Challenge. Social Education, 39, 4, 206-213, Apr 75. Four court cases which expanded freedom of expression in public schools and suggestions for reducing the gap between law and practice in the schools are provided in order to stimulate teachers to shoulder their responsibilities in upholding the principles of the Bill of Rights. (Author/DE)…
(1975). National Council for the Social Studies Position Statement on Student Rights and Responsibilities. Social Education, 39, 4, 241-45, Apr 75. …
(1974). The Fate of An Idea Whose Time Has Come: Antidiscrimination Law in the Second Decade after Brown v. Board of Education. University of Chicago Law Review, 41, 4, 742-773, Sum 74. …
(1975). The Children of the South: School Desegregation and Its Significance. Journal of Law and Education, 4, 1, 18-24, Jan 75. Discusses white society's reaction to the 1954 Brown decision and cites gradualism, delay, hate, fear, and distrust as the intervening problems in the creation of equal education in an integrated society. (Author/DW)…
(1975). "The Song Has Ended but the Melody Lingers On". Journal of Law and Education, 4, 1, 29-32, Jan 75. A case history of desegregation at Strom Thurmond High School, Edgefield, South Carolina, reveals that traditions are a source of racial conflict and suggests that a reluctance to change traditions hinders equal education. (DW)…
(1975). Those Sex Discrimination Regulations Look Different the Second Time Around. Updating School Board Policies, 6, 1, 1-2, Jan 75. More comments on the regulations covering equal treatment of the sexes under Title IX of the Education Amendments of 1972. (Author)…
(1986). Small Claims Court. The study examined individuals and companies who used small claims courts and the results of decisions reached in small claims cases. A review of studies including an empirical study of two Ohio small claims courts monitored for 12 months made it clear that small claims courts need to be examined to determine if utilization and accessibility to this court system has improved for consumers. This study focused particularly on the activities of one small claims court in Wood County, Ohio from 1980 to 1985 where a random sample of 10% of the cases filed was examined. Questions were raised concerning who filed the complaints, the types of complaints, the winners, the magnitude of awards, and the information needed to utilize the system. The findings indicate that 58% of the plaintiffs were businesses while 98% of the defendants were individuals. In most cases, the judgement was in favor of the plaintiffs. The findings were similar to those of previous studies. The report offers some…
(1984). The Roots of Separate and Unequal: The Virginia and West Virginia Heritage–17th to 20th Century. Analyses of the Brown decision often overstate its importance. For centuries before it was handed down, white Americans regarded blacks as inferior. During the time of slavery, white men (including those of apparent stature, such as Jefferson and Lincoln) felt that for some reason society could do to black people that which it could not do to any other major group. This cruel rationale lay behind the exalted Emancipation Proclamation (which, contrary to popular belief, permitted slavery to continue in some regions in West Virginia), and was furthered by the "separate but equal" doctrine of Plessy v. Ferguson. Historically, white Americans have valued advanced learning, and yet they once made it a crime for a black person to read and write. Racial integration, as promoted by the Brown decision, cannot be a panacea for America's problems. Integration must be accompanied by respect for pluralism, for ethnic and racial diversity, and for the de-escalation of hatred and racial…
(1988). Deterring Drinking and Driving: The Australian Approach. This paper begins by noting that recent efforts in the United States to reduce the incidence of alcohol-impaired driving have not been very effective and suggests that for efforts to be effective, they must raise the actual risk of punishment to a level that cannot be ignored by potential offenders. It then describes an effective system of controls on alcohol-impaired driving begun in Australia which includes extensive use of random breath testing for all drivers. Discussion is focused on efforts in three Australian states where 70% of the population resides. Approaches adopted by Victoria, New South Wales, and Queensland are described and data on fatal road crashes in each state over the past 15 years are presented. It is noted that when the program was implemented in New South Wales in 1982, road crash fatalities dropped 20% and the rate has remained at this lower level for the past 5 years. An important factor in the success of the program is the perception of increased risk of… [PDF]
(1984). The Continuing Application of the Fighting Words Doctrine. The doctrine of "fighting words" was first articulated by the United States Supreme Court in 1942 in the case of Chaplinsky v. New Hampshire when it declared one classificaton of language as outside the bounds of constitutional guarantees. Since then the Court has continually redrawn the line defining which speech is constitutionally protected, narrowing the nature of fighting words in the process. At various times the Court has equated fighting words with language that inflicts injury, incites a breach of the peace, provokes retaliation or violent action, or is calculated to offend sensibilities. The Court has also found it necessary to consider other contextual factors, such as the cultural milieu and geographical location, in rendering its decisions concerning fighting words. The problem appears to be the vagueness of the doctrine. Given this vagueness, and the resulting inability of authorities to agree on where to draw the line, continuing revision of the doctrine… [PDF]
(1987). Sexual Harassment in the Workplace: A Policy Capturing Approach. In 1980, the Equal Employment Opportunity Commission (EEOC) published the Guidelines on Sexual Harassment, specifying that sexual harassment is a kind of sex discrimination under Title VII and is an unlawful employment practice. While the determination of the behaviors that constitute sexual harassment would enable employees to write more effective policy statements, research has shown individual differences in the perception of sexual harassment. This study used policy capturing to examine sexual harassment judgments of 15 Equal Employment Opportunity Officers at midwestern colleges and universities and 79 university students. Subjects were given 80 incidents of possible sexual harassment and were asked to make judgments on each as to whether the incident represented a case of sexual harassment and whether EEOC charges should be filed. The results revealed that subjects were moderately consistent in their sexual harassment judgments and in their judgments as to whether or not… [PDF]
(1987). Privacy and the Private Eye in Space. Land remote-sensing satellites are developing as a commercial communications technology after years under a government monopoly. The shift to the private sector and improving quality of the pictures produced have given rise to increased concerns about the potential for violations of privacy rights. Although satellites can currently photograph only fairly large objects, improvements in satellite technology invite claims based on unreasonable searches by the government, tort privacy law, and tort trade secrets law. Two separate cases, brought by the Dow Chemical Company and by a California marijuana grower, in which the courts decided that the photographs produced by satellites were not injurious to the defendants, have strengthened the arguments of the government to use remote-sensing satellites despite Fourth Amendment challenges. Moreover, it appears that most news media use of satellite images would resist privacy claims in the United States if the freedom were practiced with some…
(1983). Basic Facts about the United Nations. The work of the United Nations is described in summary form. Material is divided into sections on the origin, programs, purpose, principles, and structure of the United Nations; the United Nations at work for International Peace; the United Nations at Work for Economic and Social Development; The United Nations at Work for Decolonization; the United Nations at Work for Human Rights; the United Nations at Work for International Law; and Intergovernmental Agencies. Each section contains paragraph overviews of relevant issues, developments, and United Nations efforts. For example, the section on international peace contains short descriptions of peace efforts in Afghanistan, Kampuchea, the Middle East, Cyprus, South Asia, the Congo, and Korea as well as discussions on disarmament, outer space, and the law of the sea. The section on international law includes coverage of judicial settlements, codification of international law, and international trade law. Appendices include a list of…