Honig, Doug (1978). Gay Teachers and the Right to Teach. Edcentric, 42, 13-4, Spr 78. The U.S. Supreme Court refused to review a Washington court ruling that found homosexuality immoral and a gay teacher unfit to teach public school children. No evidence was presented that the gay teacher had committed a single illegal or immoral act. The teacher freely acknowledged his homosexuality. (SW)…

(2002). Privacy Rights in the 21st Century. Seminar Outlines [of the] Education Law Association Winter Seminar (Lake Tahoe, Nevada, March 21-24, 2002). This collection of eight seminar outlines focuses on current privacy-rights issues in the arena of education. Seminar outlines include: (1) \The Transparency of Public School Employees' Professional and Personal Lives in the 21st Century: A Canadian Perspective,\ by Sam Carmen and Val Riewe; (2) \Common Law Privacy in Educational Settings,\ by David Dagley and Lisa Stamps; (3) \The Internet and Academic Freedom: The Implications of Urofsky v. Gilmore,\ by Luke M. Cornelius; (4) \Students' Rights of Privacy in the Digital Age,\ by Philip T.K. Daniel and Patrick Pauken; (5) \Disability, Privacy, and Protection: Ruminations on Maintaining Dignity in Public Spaces,\ by Theresa Glennon; (6) \FERPA, IDEA and Student Discipline: Navigating the 'Shark-Infested Waters',\ by John Decman and Cassandra Bauer; (7) \The Korean Supreme Court Viewpoint of Professor-Assistant Sexual Harassment,\ by Heekwon Sohn; and (8) \Discriminatory Surveillance: Issues of Equity, Privacy and Security in…

(1998). Know Your Rights If You Get Arrested. This brochure provides a summary, in simple language, of an individual's legal rights under the Americans with Disabilities Act if arrested and offers specific suggestions for the individual faced with arrest. Answers and suggestions are provided for the following questions: "What happens if I am stopped by the police?"; "What happens if I am arrested?"; "What happens if I go to jail?"; and "What happens if I go to court?". Some of the tips highlighted are: "When you meet a police officer, don't be afraid, don't run away, and let the police know you have a disability if you need help"; "Watch out for people who ask you to do crimes"; and "If you are arrested and do not understand your rights, ask for a lawyer." The brochure also includes a place to provide basic contact information for police if the individual has trouble communicating. (DB)…

Eisinger, Peter K. (1973). The Conditions of Protest Behavior in American Cities. American Political Science Review, 67, 1, 11-28, Mar 73. Explores environmental conditions, including formal aspects of political structure and the climate of governmental responsiveness, which are associated with the incidence of political protest activities directed toward urban institutions in American cities. Suggests that the incidence of protest is related to the nature of the political opportunity structure. (Author/SF)…

Collings, Gary D. (1973). Case Review: Rights of the Retarded. Journal of Special Education, 7, 1, 27-37, Spr 73. The author reviews approximately 28 recent court cases which focus on protection of students mislabeled mentally retarded and which inadvertently may have discriminated against mentally retarded students. (MC)…

Cloud, Fred (1973). A Human Rights Strategy for 1973-76. Journal of Intergroup Relations, 2, 4, 27-32, Sum 73. Proposes four elements of a human rights strategy to achieve an equitable society: (1) strengthen human rights law enforcement and training; (2) stop blaming the victims; (3) work together on mutual concerns; and, (4) support each other. (Author/JM)…

Sullivan, Neil V. (1972). Plow On!. Integrated Education, 10, 3, 57-61, May-Jun 72. Text of author's testimony before the Joint Committee of the Massachusetts Great and General Court, March 21, 1972, the main subject of the testimony being the possible amendment or repeal of the 1965 Racial Imbalance Law. (SB)…

Gaillard, Frye (1972). It's Abernathy's Dream Now: SCLC Today. Race Relations Reporter, 3, 5, 1-8, Mar 6 72. Argues that the struggle for integration, though winnable, will be longer and more arduous than many had hoped; but that for Abernathy, there is still the dream and vision of a slightly earlier day, and the he can still elicit the euphoria that always went with it. (RJ)…

Dahl, Eric William (1990). Native American Religious Freedom and Federal Land Management. Northeast Indian Quarterly, v7 n2 p14-23 Sum. Explains the importance of specific locations to the performance of ceremonies and rituals in traditional Native American religions. Discusses recent court decisions in favor of federal land management agencies denying protection to sacred sites because of economic or development considerations. Contains 15 references. (SV)…

Travis, Jon E. (2000). Censorship in Higher Education: Is the Public Forum at Risk?. Community College Journal of Research and Practice, v24 n10 p809-821 Dec. States that, on the public campus, students, faculty, and administrators have the right to speak and to hear a wide range of opinions, even those that may be unpopular. Defines free speech, presents information on related case law, and includes a quiz devised to have the reader evaluate the legality of 25 administrative actions related to free speech. (Contains 43 references.) (PGS)…

Davis, Lloyd (1999). Who Will Challenge Our Youth? Preparing Our Youth for the 21st Century. Journal of Intergroup Relations, v26 n3 p57-61 Fall. Urges young people to concentrate on building new bridges of hope and renewal to the 21st century, noting the work of Martin Luther King, Jr. Encourages youths to challenge their peers to prepare for the new century by striving to change social inequalities and reaching across artificial barriers to ensure that each member of society shares fully in civil liberties. (SM)…

Malley-Morrison, Kathleen; Patterson, Marcus (2006). A Cognitive-Ecological Approach to Elder Abuse in Five Cultures: Human Rights and Education. Educational Gerontology, v32 n1 p73-82 Jan. The population of the world is aging rapidly?a development that the World Health Organization (2004) has labeled as ?a demographic revolution.? According to its statistics, there are currently 600 million people in the world over the age of 60, a figure that will double by 2025 and double again by 2050. Within this age group, the numbers of the ?oldest old? (people over 80) are increasing the most rapidly. With these dramatic changes, there is an escalating need for education around issues related to aging. Cross-culturally, elders are one of four groups (along with children, women, and individuals with disabilities) found to be consistently vulnerable to family violence (Levesque, 2002). While cross-cultural research on domestic violence and abuse generally has expanded, elder abuse, as a subtype of domestic violence, remains poorly understood cross-culturally. All of the authors in this issue mentioned that a dearth of research on elder abuse within the populations they sampled was… [Direct]

Wee, Lionel (2006). Responding Responsibly: Some Remarks on Skutnabb-Kangas, Kontra, and Phillipson (2006). Applied Linguistics, v27 n4 p748-753. Skutnabb-Kangas, Kontra, and Phillipson's response to Wee (2005) only serves to highlight a whole new set of problems with the LHRs paradigm while failing to make any inroads towards resolving the earlier ones. For example, they adopt a "legal perspective" in relation to Singlish that is at odds with the way they would presumably wish to deal with linguistic discrimination elsewhere. The three authors also assume that levels of disadvantage can be measured, such that inter-language discrimination should be prioritized over intra-language discrimination. They treat group membership as simply a matter of individual choice, thus erasing much of the complex political negotiations involved. Finally, they collapse important distinctions between the kinds of rights that individuals, groups and languages can reasonably be considered to possess. In this contribution, I elaborate on these four points…. [Direct]

Provasnik, Stephen (2006). Judicial Activism and the Origins of Parental Choice: The Court's Role in the Institutionalization of Compulsory Education in the United States, 1891-1925. History of Education Quarterly, v46 n3 p311?347 Fall. A considerable body of scholarship has examined the history of compulsory attendance in the United States in an effort to explain why compulsory attendance laws were enacted, what effects they had on school attendance rates, and what made enforcement of these laws effective eventually. Recent research has revealed that some long-standing assumptions and conclusions about compulsory attendance warrant reconsideration. This essay adds to this scholarship which is reconsidering the history of compulsory attendance by examining the previously unconsidered role that the courts played in the transformation of compulsory attendance laws into \compulsory education\ laws (laws that mandate attendance at a school) into \compulsory education\ laws that regulate schooling and the curricular content of a school education. This essay also calls attention to the critical but unappreciated role that state courts played in the historical development of U.S. school systems by showing how their… [Direct]

Chua, Jude Soo Meng (2006). What Is a School? An Answer Consistent with Human Rights. Educational Research for Policy and Practice, v5 n3 p225-234 Oct. This article relates the philosophical and conceptual study of educational institutions with educational policy. I argue that both the descriptive and prescriptive answer to \what a school is\ should focus on the school that is important, which is the central case. This central case of a school should embody an ethos of openness towards the basic goods. This translates into rights discourse as a school which respects human rights. From this description I propose policy for evaluating, ranking and developing educational institutions and focused on the merit of philosophy and theology departments in educational institutions…. [Direct]

Kotlowski, Dean J. (2006). Out of the Woods: The Making of the Maine Indian Claims Settlement Act. American Indian Culture and Research Journal, v30 n4 p63-97. "Maine appears out of the woods," the editor of the "Lewiston Evening Journal" opined, after President Jimmy Carter signed the Maine Indian Claims Settlement Act in 1980. That sigh of relief was heartfelt. During the 1970s, two Native American tribes, the Passamaquoddies and Penobscots, had sparked a long, statewide nightmare when they asserted claim to more than 12 million acres of land in the Pine Tree State. To the Indians, their claim and the ensuing settlement represented long-delayed justice. For private-property owners, however, the controversy unleashed great anxiety about the future of Maine's economy. To leaders in the Maine statehouse, Congress, and the White House, the matter was a conundrum pitting the demands of an aggrieved racial minority against the ire of an aroused white majority. When Congress, in 1980, granted the Passamaquoddies and Penobscots federal recognition and $81.5 million in cash, from which they could purchase up to 300,000 acres of… [Direct]

Momblanco, Eileen; Som, Sonya Olds (2006). The Immigration Reform Debate. Social Education, v70 n5 p286-292 Sep. This article looks at recent government actions that have contributed to the immigration debate, and then considers a number of the key issues: (1) Should the United States grant some sort of legal process, or "amnesty," to undocumented workers already in the U.S. who wish to seek permanent residency and, perhaps, citizenship?; (2) What is the current system for documenting workers and how effectively does it work?; (3) Should the government more vigorously enforce immigration laws?; and (4) Should individuals who claim to have been economically harmed by the hiring of undocumented workers be able to hold employers of those workers liable for monetary damages? (Contains 1 note and a list of 4 resources.)… [Direct]

Neidt, Charles O. (1969). Differential Predictive Validity of Specified Selection Techniques Within Designated Subgroups of Applicants For Civil Service Positions: Phases I and II. Non-Technical Report. A general discussion is presented of 2 phases of a study designed to determine the relationship between selection techniques (used by the State of Colorado Civil Service Commission and the Career Service Authority of the city and county of Denver) and on-the-job performance in specified job classifications for personnel classified as Negro, Spanish-surname, or white. Jobs included in the longitudinal analysis were (1) Hospital Attendant at Denver General Hospital, (2) Intermediate Clerk Typist, (3) Clerk Stenographer, Intermediate Clerk Stenographer, and Senior Clerk Stenographer, (4) Clerk Typist, Senior Clerk Typist, and Dictation Machine Operator (all in various State office settings), and (5) Resident Supervisor Trainee at Lookout Mountain School for Boys. Two questions were asked: (1) Is there evidence of unfair discrimination practices in employment selection? and (2) How accurate is the probability of success on the job as assigned to individuals in the applicant population… [PDF]

Hagesaether, Gunhild; Sandsmark, Signe (2006). Compulsory Education in Religion–The Norwegian Case: An Empirical Evaluation of RE in Norwegian Schools, with a Focus on Human Rights. British Journal of Religious Education, v28 n3 p275-287 Sep. Christian knowledge used to be taught in the Norwegian state school as a compulsory subject for members of Lutheran churches. In 1997 this was replaced by a subject that is compulsory for all pupils, where both Christianity, other religions and secular world views are taught on an equal basis, although more time should be used on Christianity than other views. Some parents took the state to court because they wanted full withdrawal from the subject for their children. Having lost the case, the parents of four pupils then appealed to the UN's Human Rights Committee, which in November 2004 gave a verdict supporting the parents. This article is based on an evaluation project, asking parents, pupils and teachers about their experiences with the new subject, and also asking parents how they would prefer religions and world views to be taught. We focus on what we regard as the subject's most central dilemma: how can the school contribute to giving the pupils and society a common cultural… [Direct]

Rochford, Francine (2006). Sausage Rolls and Sports Fields: The Debate over Voluntary Student Unionism in Australia. Education and the Law, v18 n2-3 p161-176 Jun. The Australian Federal Government recently amended the Higher Education Support Act 2003. The effect of this amendment, which came into force on 1 January 2006, is to abolish compulsory up-front fees for the funding of student unions. Voluntary student unionism has been a plank of the Liberal (conservative) platform for many years, but its introduction is as unpopular with universities as with student organizations. This paper analyses the reasons for the introduction of the Act, and the debate over the introduction of the Act in universities and in the media. It considers some fundamental misapprehensions in the origins and rationale of the Act. (Contains 60 notes.)… [Direct]

Hanson, Jim (1995). University Hate Speech Codes: Toward an Approach Restricting Verbal Attack. This paper reviews events leading to the University of Michigan speech codes, identifies the state of the law following the Doe v. the University of Michigan decision, points out problems in suggested alternatives to the code, and outlines an approach that protects students from hate speech while maintaining first amendment rights. The paper first provides a historical context for the consideration of speech codes by citing these events: (1) following a number of hateful acts at the University of Michigan, the United Coalition against Racism threatened to sue the university for not maintaining or creating a nonracist environment; (2) the university responded with a speech code, but the code was soon challenged in court by a biopsychology student who maintained that the code could sanction him for aspects of his research; and (3) federal courts ruled in favor of the student on the basis that the code was too broad and that university officials had attempted to enforce it in… [PDF]

Riley, Marie (1975). Title X: A Proposal for a Law to Guarantee Equal Opportunity for Nonathletes. Journal of Physical Education and Recreation, 46, 6, 31, Jun 75. This article discusses the possible future need for a law, Title X, to guarantee equal opportunity to nonathletes. (RC)…

Black, Merle (1978). Racial Composition of Congressional Districts and Support for Federal Voting Rights in the American South. Social Science Quarterly, v59 n3 p435-50 Dec. Analyzes the transformation of southern Whites in the House of Representatives from opponents to supporters of federal protection of minority voting rights. Three periods are examined: prior to massive participation by Blacks (1957, 1960), during rapid expansion of the Black electorate (1965, 1969-79), and one decade after passage of the Voting Rights Act (1975). (Author/KC)…

Elliott, Odus V. (1977). An Analysis of Court Decisions On Residence Requirements. NASPA Journal, 16, 2, 2-7, F 77. The courts have generally upheld the right of institutions of higher education to require certain classes of individuals to reside in on-campus residence units. This report examines eight recent cases in which the issue of required on-campus residence has been raised. (Author)…

Braaten, Sheldon; And Others (1988). The Regular Education Initiative: Patent Medicine for Behavioral Disorders. Exceptional Children, v55 n1 p21-27 Sep. Implications of the regular education initiative for behaviorally disordered students are examined in the context of integration and right to treatment. These students are underserved, often cannot be appropriately served in regular classrooms, are not welcomed by most regular classroom teachers, and have treatment rights the initiative does not meet. (Author/JDD)…

Ayim, Maryann (1986). The Need for Legal Protection of Children's Rights in Canada. Canadian Journal of Education, v11 n3 p338-52 Sum. A summary of the current Canadian legislation governing the rights of children is presented. The power of the parent, the state in the place of the parent, the best interests of the child, and the child as a person before the law are concepts used to explicate this legislation. (Author/JAZ)…

Tabor, Jewel L. (1986). Classroom Ideas: The Trial of Susan B. Anthony. Social Education, v50 n4 p311-13 Apr-May. Demonstrates the use of 10 role playing scenarios which involve junior and senior high students in the social milieu of the time in U.S. history before women were able to vote. Identifies resource materials, describes roles students may take, and provides sample objectives. (JDH)…

Dey, Sukhen; Gehring, Donald D. (1983). Consumerism in College Housing: An Empirical Analysis of Litigation. Journal of College Student Personnel, v24 n6 p502-07 Nov. Used college housing litigation as a data base to determine if a shift took place in campus housing after 1968 from constitutionalism to consumerism. Analyses of the data indicated that consumerism in the form of litigation to remedy unrealized expectations or perceived injustices has significantly increased in college housing. (LLL)…

Steiner, Karen (1976). Balancing the Fine Line: The High School Publications Adviser. An ERIC/RCS Report. Communication: Journalism Education Today, 10, 16-17, F 76. Reviews the literature in the Educational Resources Information Center (ERIC) on the legal status and role of the secondary level publications adviser. (Author)…

Rosenfield, Harry N. (1975). The Constitutional Dimension of Fair Use in Copyright Law. Notre Dame Lawyer, 50, 5, 790-807, Jun 75. A conceptual clarification of the constitutionally protected right of fair use, a resultant reformulation of some basic copyright law principles, and a contribution to the survival of the copyright system itself are discussed. (LBH)…