Elam, Stanley M. (1984). Anti-Democratic Attitudes of High School Seniors in the Orwell Year. Phi Delta Kappan, v65 n5 p327-32 Jan. Replicating a survey of high school students of the class of 1952, the author's survey of the class of 1984 shows greater agreement with the \Founding Fathers\ on many issues, with a larger percentage of students willing to allow police searches without warrants and deny legal counsel to criminals. (JBM)…

Ford, Laura Christian (1978). The Implications of the Age Discrimination in Employment Act Amendments of 1978 for Colleges and Universities. Journal of College and University Law, v5 n3 p161-209 1978-79. The 1978 amendments to the Age Discrimination in Employment Act (ADEA) and their effect on college and university retirement practices are discussed. Lobbying efforts of higher education associations, an analysis of case law under ADEA prior to 1978 amendments, and major issues facing college counsel and administrators are reviewed. (MLW)…

Lyons, Bruce; Page, John P. (1997). Your Rights as an Accused. Update on Law-Related Education, v21 n2 p18-21 Spr. Provides an instructive overview of the responsibilities of the police and the rights of the citizen concerning criminal investigations. Briefly describes the protections afforded by the fourth, fifth, sixth, eighth, and fourteenth amendments. Includes a learning activity involving a legal analysis of situations. (MJP)…

Nedelsky, Jennifer (1990). The Concept of Rights as Limits on Government. Political Science Teacher, v3 n2 p8-9 Spr. Describes a course on the tension between individual rights and the powers of government. Explores the differences between the Anti-Federalists and Federalists conceptions of rights and the role of government. Discusses contemporary problems of rights as limits to democratic outcomes. Questions the traditional interpretations of the U.S. Constitution. Includes course syllabus. (RW)…

Nakanishi, Don T. (1990). Why I Fought. Amerasia Journal, v16 n1 p139-58. An Asian Pacific American professor, D. T. Nakanishi, describes his decision to fight the University of California Los Angeles' initial denial of tenure, including the legal and tactical considerations involved, his sense of generational duty, the case's importance for other Asian Americans, and the personal pain and suffering involved. (JB)…

Thorburn, Marigold J. (2008). Comparative Policy Brief: Status of Intellectual Disabilities in Jamaica. Journal of Policy and Practice in Intellectual Disabilities, v5 n2 p125-128 Jun. A population-based prevalence study in one region of Jamaica in 1987-1989 indicated that about 8% of the childhood population had cognitive (intellectual) disability. Some harmful beliefs and practices persist about child rearing, violence towards women, and child abuse of all types. A lack of knowledge is apparent about the efficacy of home-based learning, rather than special schools or centers for children with disabilities. A national policy on the health, education, and protection of children is not fully implemented. There is also a national policy on disability, although there are few provisions for children aged 0-8 years. A ministerial policy on education for children with special needs is a work in progress. There are approximately 2,000 children aged 4-18 years in special education programs: It is not known how many are in inclusive educational settings. Although little information is available, it is likely that most adults with intellectual disabilities do not have any… [Direct]

Zirkel, Perry Alan (1993). Section 504 and the Schools. This compilation serves as a reference to Section 504 of the Rehabilitation Act of 1973 in relation to policies and practices of school districts and other entities providing educational services to elementary and secondary level students. The volume begins with a road map of Section 504 in relation to public schools, with an emphasis on students. The legislation itself is then provided, followed by regulations, which are presented in two forms: the official version and an annotated version based on a sampling of court decisions and administrative interpretations. The annotated version provides insight into the degree and direction of the evolving enforcement and interpretation of Section 504 in the schools, suggesting guidance as to vulnerable practices and preventive procedures. Extensive appendices include: a comparison of the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act, and Section 504; compliance self-evaluation forms; sample notices…

Norris, Judy (1994). History of Indigent Defense in the United States. Update on Law-Related Education, v18 n3 p16-23 Fall. Maintains that providing justice to people accused of a crime has evolved slowly over the centuries. Discusses the history of indigent defense in the United States. Includes vocabulary terms, a timeline, a list of "Heroes of Indigent Defense," reviews of significant court cases, and a discussion of legal services in five cities. (CFR)…

(1993). Progress Revisited: The Quality of (Work)Life of Women Teachers. This study explores the elusive concept of "Quality of Life" of women teachers in Canada. It is clear that both gender and profession mediate quality of life and overlap in ways researchers are just beginning to understand. The experiences of men have been the yardstick against which women's progress in the teaching profession has been measured. The research shows that positions of women in education have been segregated internally by the profession and remain so, even after 20 years of reform efforts. The slow rate of change shows that change is happening, but that rate can be discouraging by its slowness. In the move toward educational reform, questions of equality are raised as schools are encouraged to become more like the "men's world" with product-orientation, rather than child-centered. The table of contents lists four chapters: (1) "Progress Revisited: The Quality of (Work)Life of Women Teachers"; (2) "Measuring the Gap"; (3)… [PDF]

Bethea, Leslie L.; Thompson, Anne R. (1996). Student Survey of Knowledge of Disability Laws and Recent Legal Decisions. Intended for surveying the knowledge of college students and college faculty/staff about the rights and responsibilities of students with disabilities, this survey form and corresponding answer sheets provide 28 questions, their correct responses, and references to laws or literature. Emphasis is on providing information about the provisions of Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, which require institutions of higher education to make accommodations and modifications of policy to ensure that students with disabilities have an equal educational opportunity. Also, court decisions concerning these rights are emphasized. Survey questions address issues such as reasonable accommodations, student responsibilities concerning reasonable accommodations, changes in a classroom's location to improve accessibility, provision of an attendant, special provisions for testing, alternative formats for instructional materials, access to the student's… [PDF]

Pinnell, Julia M.; Pinnell, Ronald L. (1990). An Overview of the Basic Principles of Negligence: What the Courts Expect and Demand of Physical Educators. Teachers and coaches once held a special place in the hearts and minds of the American public; however, times have changed. Students are quick to question authority and parents are more willing to retain the services of an attorney to solve their problems. Elementary and secondary school physical education teachers are especially vulnerable targets of legal liability lawsuits. The most frequently used yardstick to determine the liability of physical educators is negligence (a type of civil wrong), which is the failure to act as a reasonable and prudent person in a situation that causes someone harm. Because there are no concrete rules to define negligence, the courts utilize an objective formula to evaluate the conditions surrounding a sports injury to determine whether it was the result of the physical education teacher's negligence. The elements of the formula include: (1) Did the teacher owe the student a duty of care to protect him from unreasonable risks of harm? (2) Did the… [PDF]

(1981). School Discipline: Preventing Problems. School Management Handbook Number 1. This part of the School Management Handbook provides the elementary school administrator with a quick overview of several aspects of school discipline. The first section introduces concepts central to developing effective school discipline policy, including the value of focusing on preventing rather than simply punishing misbehavior; prioritization of disciplinary aims; the roles of the principal and the teacher; the place of student codes and handbooks; and the roles of parents and the community. Section 2 discusses assertive discipline, a technique for establishing good student behavior habits. Inschool suspension is the topic of section 3. The fourth and last section discusses students' constitutional rights in the areas of expression, dress, religion, publications, and freedom from prior restraint, and notes relevant court decisions. Specific recommendations for disciplinary policy accompany each section of the document. (PGD)…

Buesing, Gregory (1973). Maliseet and Micmac Rights and Treaties in the United States. Written for purposes of furthering aid to the Association of Aroostook Indian (AAI) in procuring Maliseet and Micmac American Indian rights, this essay provides historical documentation of U.S. treaties verifying Native American rights. This essay asserts that although about 4,000 Micmacs and Maliseets live in New England (1,000 in Maine), they have not been formally recognized by the Federal Government and had not been given state recognition until the AAI was formed in 1967 and began to further their cause; that since they generally live off-reservation but do have reservations in Canada, they are often considered both Canadian and alien and are not, consequently, afforded government services. Arguing that these people are free to cross borders and are entitled to certain rights under a series of treaties established between the Indians and the U.S. during and after the American Revolution, this essay presents the historical basis for the following rights: (1) the right to come to…

MacKay, A. W. (1987). The Charter of Rights and Special Education: Blessing or Curse?. Canadian Journal for Exceptional Children, v3 n4 p118-27. The Canadian Charter of Rights and Freedoms is examined, focusing on rights limitations and remedies for violations. The charter's impact on special education is noted in such areas as the constitutional right to accessible education, appropriate content of education, related special education services, and reasonable limits and costs. (Author/JDD)…

Strang, Kirk D. (2002). Technology in Public Education: What Will the Quest for Fairness and Efficiency Do to Individual Interests and Rights?. This paper–part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002–is an outline of a presentation on monitoring the activities of students and school personnel. The dilemma, according to this paper, is that public schools are obliged to prevent persons under their supervision from causing harm to others. Yet satisfying such responsibilities increasingly requires more active, and sometimes intrusive, means of supervising and monitoring the activities of students and school personnel. The first section of the outline describes the nature of the dilemma. The next section examines events and factors that may influence public perceptions of schools responsibilities. The next section discusses legal duties that can encourage heightened supervision and monitoring. The next section examines relevant legal authority and includes analyses of litigation involving employee polygraph protection and privacy rights and technology….

Black-Branch, Jonathan L. (1993). The Past, Present and Future Tenses of the Canadian Charter of Rights and Freedoms for Special Education Students: The Perceptions of Academics and Legal Practitioners. Canadian Journal of Special Education, v9 n2 p134-44. Seven academics and eight legal practitioners were interviewed concerning the influence of the Canadian Charter of Rights and Freedoms on the rights of special needs children. The experts predicted that charter rights may become one of the most litigated areas of education. Three areas of concern included student identification, student placement, and accommodation of student needs. (JDD)…

Bullard, Sara (1993). The Child's Defender: An Interview with Marian Wright Edelman. Teaching Tolerance, v2 n1 p8-12 Spr. Interviews Marian Wright Edelman about her work with the Children's Defense Fund and her book "The Measure of Our Success." The importance of having a sense that the world can be better is emphasized. Children must be given a voice and a way to participate in solving society's problems. (SLD)…

Smith, Joseph F., Jr.; Tucker, Bonnie Poitras (1996). Accommodating Law Faculty with Disabilities. Journal of Legal Education, v46 n2 p157-88 Jun. The obligations of law schools, under federal law, to accommodate faculty with disabilities are examined. Employment provisions of the 1990 Americans with Disabilities Act and the Rehabilitation Act of 1973 and the definition of a disabled individual are reviewed, and real and hypothetical scenarios in hiring and employing law teachers are analyzed. Focus is on schools' legal responsibility. (MSE)…

Wihl, Gary (2006). Politics, Academic Freedom, and the General Counsel's Office. Liberal Education, v92 n2 p20-25 Spr. Political pressure on colleges and universities has been a matter of common debate and concern since 1934. That was the year the American Association of University Professors (AAUP) and the Association of American Colleges (the precursor of AAC&U) established a series of conferences in order to reaffirm and develop the 1925 Conference Statement on Academic Freedom and Tenure. These conferences produced the 1940 Statement of Principles on Academic Freedom and Tenure that is still the reference point for many college and university policies today. It underwent another set of revisions in 1970, when interpretative statements were added; the statement has the endorsement of approximately two hundred learned societies and organizations. The AAUP conceived of the tenure system in the context of a fundamental research mission within universities: a greater emphasis on research went hand in hand with greater protections and freedom of inquiry for faculty members. The principles set forth in… [PDF] [Direct]

Cashman, Holly R. (2006). Who Wins in Research on Bilingualism in an Anti-Bilingual State?. Journal of Multilingual and Multicultural Development, v27 n1 p42-60. Despite its multilingual heritage, the USA has a history of linguistic intolerance. Arizona, in the country's desert Southwest, is decidedly anti-bilingual although it has significant non-English-speaking groups, especially Spanish-speaking Mexicans/Mexican-Americans and indigenous groups such as the Navajo, Hopi and Yaqui tribes, among many others. This anti-bilingual ideology has resulted in the passage of legislation restricting residents' linguistic rights, such as Proposition 106 to make English the sole official language of all state business and Proposition 203 to eliminate bilingual education in state-funded schools. Several explanations have been put forth to account for this anti-bilingual ideology, from racism to ignorance to fear. In this paper I argue that researchers of bilingualism in a state ideologically opposed to language minority groups' bilingualism have certain responsibilities vis-a-vis the members of language minority groups who are the participants in their… [Direct]

Deropoulou-Derou, Eudoxia; Karagianni, Panagiota; Spandagou, Ilektra; Zoniou-Sideri, Athina (2006). Inclusive Discourse in Greece: Strong Voices, Weak Policies. International Journal of Inclusive Education, v10 n2-3 p279-291 Mar. This paper explores the inclusive discourse in Greece at a period characterized by change in policy and practice. The aim is to discuss critically the distance between the strong voices and weak practices that characterizes the Greek inclusive discourse. The first part focuses on disability and presents the ways that a "common sense" understanding of disability is constructed in the public domain resulting in the de-politicization of the inclusive discourse. The second part focuses on inclusive education, discussing the contradiction between the rhetoric of inclusive education and the reality of the expansion of special provision for an increasing number of students. It is argued that the fragmentation of the inclusive discourse and the emphasis on common sense assumptions about human and social rights reduce policies about inclusive education to an add-on, peripheral element of the proposed educational reforms…. [Direct]

Carr-Stewart, Sheila (2006). First Nations Education: Financial Accountability and Educational Attainment. Canadian Journal of Education, v29 n4 p998-1018. First Nations people have both a Constitutional and a Treaty right to education; however, the Crown's jurisdictional obligations to provide educational services have not lead to similar educational opportunities and attainment achievement for First Nations students as compared to Canadian students in provincial schools. Canada's Auditor General, in 2000, stated that Indian and Northern Affairs Canada could not demonstrate that it reached the objective to assist First Nations students on reserve in achieving their educational needs and aspirations. In 2004, the Auditor General noted a widening achievement gap. Using statistical information from the Department of Indian Affairs and the Auditor General to consider educational financial accountability, the author argues that equitable financial resources are required to support First Nations students in band-managed schools. (Contains 3 tables and 6 notes.)… [PDF] [Direct]

Evans, G. R. (2006). Decisions: "Carltona" and the CUC Code. Education and the Law, v18 n2-3 p177-191 Jun. The Committee of University Chairman publishes a code of good practice designed, among other things, to ensure clarity about the authority on which decisions are taken on behalf of universities, subordinate domestic legislation created and the exercise of discretion regulated. In Carltona Ltd.v. Commissioners of Works [1943] 2 All ER 560 AC the question was whether civil servants were acting ultra vires if they acted on behalf of a competent authority without reference to that authority. Oxford and Cambridge, which preserve an ancient system of governance by direct academic democracy, remain testbeds of this principle, for their administrators are in effect their "civil servants", not their managers. This article examines the questions which are arising as both universities begin to create Senior Management Teams, and the implications for the higher education sector more widely. (Contains 44 notes.)… [Direct]

Rosenberg, David (2006). Striding Forward: Girls and Women in Ugandan Schools. FORUM: for promoting 3-19 comprehensive education, v48 n2 p165-170. This article looks at the important role that teachers and headteachers can have as role models for children living with challenging circumstances. It focuses particularly on girls struggling against the odds to complete their education in Ugandan schools and improve their life chances. The commitment to women's rights espoused by Uganda's government is gradually undermining longstanding patriarchal norms. The implementation of universal primary education has forced these issues into the school arena. This article explores how the changing roles and increasing self-awareness of women working within Uganda's education system is impacting on girls' aspirations…. [Direct]

Damico, James; Riddle, Ruthie (2006). Exploring Freedom and Leaving a Legacy: Enacting New Literacies with Digital Texts in the Elementary Classroom. Language Arts, v84 n1 p34-44 Sep. Fifth-graders explore complicated social issues and create a CD entitled Exploring Freedom. (Contains 2 tables and 6 figures.)… [Direct]

(1995). A Gathering of Equals. A National Conversation on American Pluralism and Identity. Reading Selections [and] Guide for Leaders. This booklet contains texts of importance to all people with writings that have helped shape the U.S. identity. The texts are to serve as a springboard of discussion in a shared inquiry method of discussion of U.S. democracy. The documents in this volume include: (1) "The Declaration of Independence"; (2) "The United States Constitution: Preamble and Bill of Rights"; (3) "The Federalist #10 by James Madison"; (4) "Abraham Lincoln's Second Inaugural Address"; (5) "Letter from Birmingham Jail" by Martin Luther King, Jr.; and (6) "High School Graduation," from "I Know Why the Caged Bird Sings" by Maya Angelou. The guide is intended to help junior high and high school Great Books leaders enable their students to participate thoughtfully in "A Gathering of Equals: A National Conversation on American Pluralism and Identity." By study and reflection on the project readings followed by discussion of ideas, the… [PDF]

Leonard, Donald E.; Mattson, John O., Ed. (1994). Resource Book for Teachers for Use With, "…Into Your Hands His Life and Liberty…" A Collection of Significant Cases from the Rhode Island Courts. Designed for use with the student text, "Into Your Hands His Life and Liberty. A Collection of Significant Cases from the Rhode Island Courts," this teachers' guide presents activities, lesson strategies, related activities, court decisions, and additional questions. The cases, dating from Roger Williams to the 1970s, examine religious freedom, personal freedom, treason, robbery, murder, and drug possession. A Rhode Island legal time line, a listing of further resources and places, and reminiscences from the Rhode Island Bar Association conclude the guide. (RJC)… [PDF]

Glasscock, Sarah, Ed. (1996). 10 Women Who Helped Shape America: Short Plays for the Classroom. Centering on women born before the Civil War, this book presents 10 short plays (for grades 4-8) about American women who contributed in significant ways to the United States. The plays in the book are designed to enrich existing curricula and may be used in conjunction with the social studies curriculum. Each short play is followed by a teaching guide consisting of a quote by or about the subject of the play; a biography; a brief bibliography; and teaching activities designed to strengthen students' oral, writing, and research skills. After an introductory section, plays in the book are Francisca Hinestrosa (mid 1500s): Exploring America; Pocahontas (c.1595-1617): Between Two Worlds; Anne Hutchinson (1591-1643): An Outspoken Woman; Daughters of Liberty (formed in 1776): Spinning for Liberty; Nancy Ward (c.1738-1824): Nanyehi, Beloved Woman; Elizabeth Blackwell (1821-1910): The Word "No" Never Stopped Her; Lucy Stone (1818-1893): Changing Old Ideas; Ellen Craft…

Kisembo, Paul (1993). A Popular Version of Yash Tandon's Militarism and Peace Education in Africa. This book is a briefer, simpler popular edition of "Militarism and Peace Education in Africa." It is intended to interest the African peoples in the problems of peace and allow them to discuss and debate the issues of militarism and peace for Africa and to suggest solutions. It is also intended to interest leading organizations and people working at the grassroots level in urban and rural areas in problems of militarism and peace education. The first two chapters show how, in former times, militarism was brought to Africa by the Europeans through slave trade and colonialism. Chapter 3 shows how militarism continued after independence under neocolonialism in these forms: state terrorism, militarism based on ethnic nationality/conflicts, militarism resulting from "pastoralist conflicts," militarism resulting from cultural and religious conflicts, and militarism based on ideological conflicts. Chapter 4 explores how militarism is still connected to the exploitation… [PDF]

Croddy, Marshall; Degelman, Charles; Hayes, Bill (1998). The Challenge of Information. Teacher's Guide [and] Student Guide. The teacher's guide and a students' guide focus on basic constitutional issues dealing with the media and free press. Students examine case studies, tabloid headlines, and various policy issues relating to information dissemination in society. The guide provides recommended lesson sequences incorporating readings, directed discussions, and interactive activities supported by reproducible student handouts. Instructions for utilizing the Civil Conversation feature are included along with instructions for a final assessment activity involving the Internet. The lessons are divided into five chapters with 18 lessons. Chapters include: (1) "A Free Press"; (2) "A Responsible Press"; (3) "Free Press/Fair Trial"; (4) "The Myth Makers"; and (5) "New Frontiers." Fourteen student handouts accompany the lessons. (EH)… [PDF]