Sheehan, Bernard W. (1987). Land and Liberty: The Ordinances of the 1780s. The U.S. Constitution established the broad legal frame for the U.S. political order; the ordinances provided the indispensable means for the expansion of that order across the continent. The first effort at organizing the northwest occurred in 1784. Written by Thomas Jefferson, the Ordinance of 1784 defined the stages through which territories should pass to statehood, made membership in the confederation perpetual, outlawed slavery, and required that state governments should be republican. The Land Ordinance of 1785 solved the problem of the orderly distribution of land. The Northwest Ordinance, enacted by Congress on July 13, 1787, contained machinery for state making and the Articles of Compact. Provisions assuring freedom of religion, trial by jury, habeas corpus, security of property and contract, proportional representation, public support of education, and the exclusion of slavery from the northwest in the territorial stage were included in the Articles of Compact. The… [PDF]

Kress, June (1982). The Current Attack on Women's Rights: A Political-Economic Perspective. The right-wing attack on women's rights in the United States manifests itself in the regulation of reproductive rights, the family, and the workplace and corresponds to the changing needs of capital in an era of social and economic crises. Against this background, anti-abortion legislation, the Family Protection Act, and discrimination in the workplace are supported by a national network of power and corporate wealth funded by industrialists and financiers. Currently, more women are entering the work force to supplement family income or as single heads of households. Women remain subjugated, however, by a bourgeois morality that suggests they are primarily wives and mothers and secondarily workers; as a result, low wages for women are legitimized. Until this bourgeois morality is challenged in the United States, women will continue to be exploited and capital will retain a free hand to move them in and out at will. The attack on women is only a small part of the national network of…

(1981). Parents Can Be the Key…To an Appropriate Education for Their Handicapped Child. Written for parents of handicapped children in Minnesota, the booklet decribes parents' rights and responsibilities in special education. The question and answer format addresses the following topics: changing rights as a result of P.L. 94-142 (The Education for All Handicapped Children Act) and Section 504 of the Rehabilitation Act of 1973; types of disabilities and ages of eligibility; components of the assessment process; parental role in assessment; individualized education programs; related services; appropriate placement; procedures (including due process hearings and appeals) that parents can take when they do not agree with the schools; suggestions for communicating with the school; and ways to be a good advocate. The booklet concludes with answers to seven rights-related questions and a list of Minnesota organizations and referral sources. (CL)… [PDF]

Rubin, Joan (1981). Spanish Language Planning in the United States. Professional Papers RU-1. Spanish language planning needs and efforts in the public domains of health, law, work, media and communication, citizenship, social welfare, and education are described. For each of these domains, communication inadequacies, planning authorities, plans for alleviating inadequacies, and efforts at implementation of plans are identified. Perceived language inadequacies in the provision of services to the Spanish-speaking community have been addressed by a wide range of interacting planning authorities. Federal language planning activities are most often in the form of court decisions followed up by laws or regulations. Legal claims based on language discrimination must be backed up by a demonstration that substantial rights are diminished by lack of bilingual services. Other language planning activities include publication of textbooks to teach Spanish to personnel who serve Spanish speakers, bilingual signs and other information sources, and the training and use of interpreters. It… [PDF]

Lewis, Denise J. (1974). The Advocacy Role of the Human Rights Commission. Journal of Intergroup Relations, 3, 4, 38-43, F 74. Explores three alternative paths to dealing with racism, and how human rights agencies can relate to each of these, viz., disruptions of institutions, creation of parallel institutions, and, working through established channels within institutions. (Author/JM)…

Fishel, Andrew; Pottker, Janice (1974). Sex Discrimination as Public Policy. Educational Forum, 39, 1, 7-15, Nov 74. Article examined the policy procedure that existed until struck down by the Supreme Court which made it a violation of the due process clause of the U. S. Constitution to promote discriminatory maternity leave policies. (RK)…

Squires, Gregory D. (1974). Intergroup Relations Reconsidered: A Reply to Perlmutter. Journal of Intergroup Relations, 3, 2, 45-49, Sum 74. A reply to \Intergroup Relations in the U.S.: Never Better,\ an article by the Director of the New England Region of the American Jewish Committee which appeared in Summer, 1973; the author is Director of the Human Rights Information Service, Michigan State University. (JM)…

Davis, Elaine C. (1974). Your Right To Swing Your Arm Ends Where My Nose Begins. Instructor, 84, 1, 60-4, Aug/Sep 74. In this article author explored our freedoms and with hypothetical cases illustrated how the freedoms can be granted or denied based on an interpretation of the Bill of Rights. (Author/RK)…

(1973). Legal Aid Programs Seek Justice, Protection, Education for Indians. Education Journal of the Institute for the Development of Indian Law, 2, 3, 19-21, Oct 73. American Indian Legal Aid Programs throughout the country are briefly described. (KM)…

Nordin, Virginia Davis (1977). Is Sex Suspect? And Other Issues Regarding Sex Discrimination in Education. This chapter presents a long look at the development of the concept of sex discrimination in education to see whether trends or key cases can be identified and discussed. In this a comparison is essayed with the development of the concept of racial discrimination in education through the school desegregation cases to see what the race cases might teach about the potential development of a jurisprudence of sex discrimination in education. Two important preliminary observations are (1) there is a failure to apply precedents regarding discrimination in racial cases to sex discrimination cases; (2) the number of \reverse discrimination\ cases seems to equal or exceed cases brought by the women whom the laws were enacted to protect. While it may be especially disappointing to women that discrimination precedents from racial cases do not apply to them, the greater disappointment is in the failure of the legal system to uphold impartial standards for all. The sex discrimination cases will…

Polsby, Daniel D. (1977). The Desegregation of School Systems: Where the Courts are Headed. The author of this paper reviews and discusses the issues behind and the decisions made by the Supreme Court in a number of school segregation cases since the 1950's. There has been no shortage of constitutional principles developed in these judicial opinions. Racial isolation and the \separate but equal\ philosophy are but two of the principles which have been considered by the courts. However, the ultimate end in view is the securing of a sound and broadly based education for as many children as possible. The author holds this vision to be beyond authoritative extrapolation from general principles, and thus beyond the judiciary. Because education is, at bottom, defined culturally, those people who want it for their children must ultimately be consulted about how \education\ should be defined. It would seem most fair, therefore, that educational policy be articulated in legislation and subjected to continuous accountability from the public, its ultimate consumer. (Author/GC)…

Glass, Elsa Dik (1977). The Legal Status of Homemakers in the District of Columbia. The document explores the legal status of the homemaker and the law in the District of Columbia, emphasizing those laws and judicial precedents that fail to give proper recognition to the value of the homemaker. The rights given to the homemaker under support, property, divorce, and inheritance laws are said to be the concrete measure of the homemaker's value to society. The booklet is arranged into three broad sections focusing on how the laws affect homemakers during marriage, widowhood, and divorce. The first section on marriage summarizes laws pertaining to the support of a wife, choice of domicile, a wife's disability and physical abuse, and credit laws. The second section on divorce and separation discusses property division, alimony, child custody, support, modification of divorce decree, enforcement, and government assistance in support collection. The last section on widowhood considers the situations in which the husband has died with or without leaving a will, considers…

Cardenas, Blandina (1975). Broadening the Concept of Bilingual Education. Integrated Education, 13, 3, 171-172, May-Jun 75. In testimony before the May 1974 public hearings of the New York City Commission on Human Rights, the Consultant on Bilingual Education for Texans for Educational Excellence notes that organization's investigation of the El Paso Independent School District and of other school districts in the southwest identified discriminatory practices other than those associated simply with languages. (Author/JM)…

La Morte, Michael W. (1975). Legal Rights and Responsibilities of Homosexuals in Public Education. Journal of Law and Education, 4, 3, 449-467, Jul 75. Examines reported decisions that deal with questions of the employment, contract nonrenewal or dismissal, and revocation of teaching certificates of homosexuals in public education. Discusses emerging issues and legal principals dealing with the homosexual-educator. (Author)…

Askin, Frank; Cohen, Carl (1975). Debate: Preferential Admission in Higher Education: Should We Support or Condemn it?. Civil Liberties Review, 2, 2, 95-116, Spr 75. Two civil libertarians, who take opposing positions on the civil liberties aspects of preferential treatment, contributed first statements of their positions– entitled, respectively, \Eliminating Racial Inequality in a Racist World\ and \Honorable Ends, Unsavory Means\; also includes brief rebuttals of each other's positions. (JM)…

Holt, John (1975). The Dignity of Children. Law in American Society, 4, 3, 9-13, Sep 75. We should respect and honor a child's desire to be helpful, to be responsible, to be useful, to move about in the world, to explore and to try new things. Responsibility and independence must be developed and nurtured throughout childhood. See SO 504 023 for address of journal. (Author/ND)…

Abzug, Bella (1975). Discrimination in Employment. Integrated Education, 13, 3, 44-45, May-Jun 75. This testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, expressly focuses on discrimination in employment, asserting that this has had the most direct effect on minorities and women in the country; while legal protections have grown stronger, they have not been used effectively. (Author/JM)…

Adams, Arvil (1975). The Impact of FEP Legislation. Integrated Education, 13, 3, 49-52, May-Jun 75. This testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, had three express focuses: (1) on urban poverty among blacks in the non-south; (2) on the enforcement of Fair Employment Practice (FEP) legislation and its effect on the economic position of blacks and other minority groups; and, (3) on guidelines for improving the enforcement of FEP Legislation. (Author/JM)…

Badillo, Herman (1975). Bilingual Education. Integrated Education, 13, 3, 166-167, May-Jun 75. This testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, emphasizes not only that the first problem that the Puerto Rican community has in New York City is that of language but that there is a new migration of Haitians (who speak French), Greeks, and groups of Chinese from different parts of Asia. (Author/JM)…

Silverman, Bernie I. (1975). Reverse Discrimination. Peabody Journal of Education, 52, 2, 116-21, Jan 75. …

Hollander, Patricia A. (1981). Liability. Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of character, worker's compensation, and statutes of limitation. Several governmental immunity cases addressed the question of whether or not public educational institutions are protected against tort suits. A number of procedural decisions are discussed that concern liability. The final cases discussed concern claims of violations of constitutional or statutory rights without due process of law. (Author/MLF)…

Kane, Peter E., Ed. (1982). Free Speech Yearbook 1981. Free Speech Yearbook, v20. The nine articles in this collection deal with theoretical and practical freedom of speech issues. Topics discussed include the following: (1) freedom of expression in Thailand and India; (2) metaphors and analogues in several landmark free speech cases; (3) Supreme Court Justice William O. Douglas's views of the First Amendment; (4) the San Francisco, California, campaign for Gay rights; (5) academic freedom and the pornographic film "Deep Throat"; (6) Alexander Solzhenitsyn's approach to free expression; and (7) Supreme Court rulings in 1980-81 concerning free speech. A freedom of speech bibliography concludes the volume. (HTH)…

Chai, Carolyn (1978). The Second National Conference Summary. In this summary of the 1978 National Conference on Asians in America and Asian Americans, conference proceedings, as well as papers and panel discussions, are briefly outlined. Workshops on foreign policy, immigration, Asian identity, education and employment, Indo-Chinese in the United States, teaching English to immigrants, racism and affirmative action, and community development, are discussed in terms of papers presented, ideas examined, and panel participants. Major problems, opportunities, and priorities for Asians in the United States are identified. (WI)…

Trubow, George B. (1978). Privacy and Security of Criminal History Information. An Analysis of Privacy Issues. Policies and issues associated with the privacy and security of criminal history information are presented. The first chapter discusses general concepts regarding privacy and security of criminal justice information, including definitions of basic terms, considerations of interests requiring attention when developing policy, relevance of fair information practices, and constraints of system design. The second chapter provides information regarding specific issues in developing privacy policy such as costs, public record laws, state and federal regulatory authority, types of information, and access. The third chapter describes the criminal justice information privacy and security programs in the states of Colorado, Illinois, Maryland, and Washington, as well as providing suggestions for developing these programs. (Author/HLM)… [PDF]

Santamour, Miles B.; West, Bernadette (1979). Retardation and Criminal Justice. A Training Manual for Criminal Justice Personnel. This training manual for criminal justice personnel addresses three general areas: (1) the nature of mental retardation and its relationship to criminal behavior, (2) the history and extent of the problem of the retarded offender, and (3) mechanisms for the delivery of services to this group of offenders. The manual is divided into twelve chapters designed to correct the injustices caused by failure to recognize the offender as being a retarded person or by an unfamiliarity with the nature of retardation and how to deal with this special problem. Chapter titles include Introduction: Why This Manual?; Tom P.: A Case History; Mentally Retarded Citizens: Who Are They?; Myths and Facts; Mentally Retarded Offenders: Who Are They?; A Discussion of the Problems and Issues of Mentally Retarded Offenders; Problems of Identification: Mentally Retarded Offenders; A Clinical and Practical Discussion of Retardation and Criminal Behavior; Retarded Offenders: Habilitative Program Development;…

(1979). Black Children: Some Highlights on Their Status. This paper briefly overviews the economic and social conditions of the 11 million Black children and youth in the United States in the 1970s. Directions for social action are suggested and the aims of the National Black Child Development Institute are indicated. (RH)…

(1979). How to Tame the CETA Beast. An Advocacy Manual for Older Women. Because older women have been conspicuously absent from Comprehensive Employment and Training Act (CETA) employment and training programs, this advocacy manual focuses on the employment needs of middle-aged and older women. The manual is divided into nine sections. The first section examines CETA itself, both in law and regulations, and discusses how it functions in practice, especially on a local level. Section 2 focuses on the older woman in terms of the displaced homemaker, the older worker, and the CETA connection. Section 3 details the proposal-writing process followed by a section (4) on "blue sky" proposals, which encourage innovative, job-creating ideas. Section 5 discusses the data game, while section 6 presents contradictions and pitfalls of the data game and how to work around them. Section 7 presents information on the theory and practice of advocacy, and legal rights and redress are discussed in section 8. The final section presents ideas for future action. A…

WATTERS, PAT (1964). CHARLOTTE. A COMBINATION OF SOCIAL CONSCIOUSNESS, CIVIC PRIDE, AND ECONOMIC CONSIDERATIONS MOVED CHARLOTTE, N.C., IN THE SPRING AND EARLY SUMMER OF 1963 TO DESEGREGATE VOLUNTARILY ITS LEADING HOTELS AND MOTELS, 90 PERCENT OF ITS RESTAURANTS, AND ITS FIRST-CLASS MOVIE THEATERS. PREVIOUSLY THE CITY HAD DESEGREGATED ITS AUDITORIUM AND COLISEUM, LUNCH COUNTERS, ITS SCHOOLS, LIBRARIES, BUSES, BUS DRIVERS, POLICE DEPARTMENT, PARKS AND SWIMMING POOLS, THE MEDICAL ASSOCIATION, ITS COLLEGES AND HOSPITALS, AND ITS MINISTERIAL ASSOCIATION. THREE CENTRAL FACTS STAND OUT TO FORM THE PATTERN IN CHARLOTTE'S RACE RELATIONS PROGRESS. ONE IS THE ABILITY OF THE CITY'S LEADERSHIP, OR POWER STRUCTURE, TO APPRAISE RACIAL PRESSURES, TO MAKE DECISIONS ABOUT WHAT THE CITY MUST DO, AND TO ACT UPON THEM. THE WISE, INSIGHTFUL, AND PROMPT ACTIONS OF THE MAYOR ILLUSTRATE THIS FACT. SECOND IS THE CONSTANT PRESSURE FROM NEGRO LEADERS. THE ORIENTATION OF NEGRO LEADERSHIP IN CHARLOTTE IS TOWARD GETTING RESULTS RATHER THAN…

Martin, Charles Vance (1977). Fairness Doctrine in Advertising. After a decade of debate, numerous Federal Communications Commission (FCC) rulings, and many court decisions, the application of the "fairness doctrine"–an act that mandates objectivity in the presentation of facts concerning controversial issues–remains unsettled. This report discusses issues involved in the application of the fairness doctrine to commercial advertising and summarizes relevant case law. It also examines the debate over the Federal Trade Commission's proposal to force broadcasters to provide free air time to groups or individuals to balance certain advertising claims: those made by cigarette companies, oil companies, army recruiters, and so on. Although the FCC's "Fairness Report" resolved contention to the degree that it limited the fairness doctrine to advertising that seeks to "play an obvious and meaningful role in public debate," it is concluded that the determination of what advertising is "controversial" is still…

(1978). Immunization: A Handbook for Schools, 1978-79. Vaccine-Preventable Communicable Disease Control. This handbook is intended to provide school authorities with a guide to the development of an effective school immunization program. The handbook is divided into three sections and seven appendices. Section One explains the legal definitions of various terms related to mandatory immunization practices. Section Two outlines the elements necessary for an efficient vaccine project, and Section Three provides sample procedures and activities as well as a range of frequently asked questions and answers relating to such a program. The appendices include the "Immunization Guidelines" of the New York State Department of Health and detailed excerpts from public health and education law texts dealing with the issue of compulsory immunization. A sample of the request form for exemption for religious reasons is also included. (LH)…