Daily Archives: 2024-03-07

Bibliography: Civil Rights (Part 860 of 996)

Bagenstos, Naida Tushnet (1988). Preparing Minorities and Women as Researchers: Have We Learned Anything?. The concern over the numbers of minority and women educational researchers is based on the importance of including minorities and women in the educational research endeavor (and all other endeavors) and the epistemological premise that a researcher's perspectives on the topic affect the questions asked, data collected, and interpretation and analysis. It is important to ask new questions to guide the research about the schooling failures of minority group members (disproportionately to their numbers in the population), and preferably, these questions should be asked by members of the minority groups. Data on earned doctorates for 1976 (4,067 males and 1,735 females) and 1987 (3,037 males and 3,565 females) show the potential pool of educators is becoming more female. However, there has been a decline in the numbers of minority group members (e.g., 492 Blacks in 1976, 421 Blacks in 1987), except Hispanics (87 in 1976, 188 in 1987) receiving doctorates. "Learnings" include:…

Withers, Nancy A. (1987). Sexual Harassment: An Overview. Monograph. Volume 2, Number 1. Sexual harassment is a problem in high schools, on college campuses, and in the workplace, although unclear definitions and misinterpretations of sexual harassment have led many to believe that the amount of sexual harassment that occurs is minimal. Sexual harassment has been defined as a continuum of behaviors, with physical sexual assault at one extreme and nonverbal, sexually suggestive behavior at the other extreme. Studies suggest that more females than males are victims of sexual harassment. Sexual harassers are usually males in a position of authority who can force the cooperation of the victim by coercion. Sexual harassment leads to fear, anxiety, guilt, and anger for the victims; many victims feel they should have done something to prevent the harassment. Persons who feel they are being harassed should take immediate, firm steps to stop the behavior. They should document the incidents in case a suit is filed. They can complain to the appropriate officers in their… [PDF]

Head, L. Quinn (1983). The Presentation of Statistical Analysis of Data as Evidence in Litigation Involving Sexual and Racial Discrimination. This research illustrates how statistical analysis of data was presented by the plaintiff's attorneys as evidence in litigation involving sexual and racial discrimination in the case Green v. City of Gadsden. Bar graphs depict the sexual and racial compositions of (1) members of the Gadsden Police Department (GPD), (2) members of the GPD in relation to their respective group within the Gadsden, Alabama population based on the 1980 census, (3) examinees taking the GPD written examination from 1980 to 1982, (4) examinees passing the GPD exam during the aforementioned years, (5) all applicants employed with the GPD from 1980 to 1982, (6) only applicants passing the GPD exam from 1980 to 1982 employed with the GPD during these years, as well as (7) all applicants offered employment with GPD from 1980 to 1982, and (8) only applicants passing the GPD test from 1980 to 1982 offered employment with the GPD during these years. Additionally, a table which exhibits several frequency…

Carter, George E. (1980). Ethnicity and Human Rights: An Organizational and Individual Perspective. Despite the Universal Declaration of Human Rights adopted by the United Nations in 1948, the issue of the human rights of ethnic minority groups is widely ignored in the United States–both in policy and as an issue worthy of examination. In this country and abroad, violations of human rights continue to take place regularly; minority group members are denied many of the basic rights, such as the right to health, to food, to clothing and housing, to free expression, and to self determination. At present, there are three major organizations that address the concern for ethnicity and human rights worldwide: the Anti-Slavery Society, the Minority Rights Group, and Amnesty International. In addition, the United Nations Commission on Human Rights and its subcommission on slavery and native peoples deserves mention. As the social and demographic trends of urbanization and urban decay threaten the very existence of ethnic minority populations, it is imperative that more individuals and…

Caplan, Gerald A. (1984). First Amendment Claims by Public Employees. The First Amendment free speech right is one of the most frequently asserted constitutional challenges to dismissal or discipline of a school district employee. In any employee's claim of violation of free speech right by a public employer, a threefold process of review should be made: (1) Was the conduct in question constitutionally protected in that it affected matters of legitimate public concern? (2) If so, was the school district's action in response to the conduct justified in light of the district's interest in the efficiency, integrity, and discipline of its operation? (3) Was the school district's action motivated by the employee's protected conduct or were there other, constitutionally neutral factors that would have caused the action in the absence of the protected conduct? The recent Supreme Court decision in "Connick vs. Myers," by establishing that First Amendment protection extends only to matters of public concern, provides the basis for summary dismissal…

Gaylord-Ross, Robert (1988). An Aversive Issue…Which Refuses To Go Away. Chronic self-injury is a psychopathology which afflicts some persons with severe mental retardation. The self-injurious acts may be carried out to avoid completion of a task, or the behavior may be intrinsically reinforcing. Professional responses have included use of restraints, psychopharmacology, placement in more restrictive settings, and engaging the children in alternative activities. If all reasonable positive approaches have been tried and found to be unsuccessful, aversion techniques are called for, such as the SIBIS cloth helmet which delivers a shock to the arm following a self-injurious act. In many facilities, de facto elimination of the use of aversives has occurred due to the facilities' fear of lawsuits against them. A careful weighing of costs and benefits should be done on a case-by-case basis to ensure that the client's right to treatment and a better quality of life are not denied. A two-phase process is advanced to maximize the chance of treatment success and…

Crisci, Pat Eva; Tutela, Alfred D. (1987). Program Development Trends and Issues: The Cleveland Leadership Academy. This paper focuses on public school program development to correct the effects of segregation. It suggests concrete measures and plans for the Cleveland Leadership Academy, which is designed to enhance instruction and access. Cleveland City School District's Remedial Order is a court-approved blueprint for desegregation that mandated management and leadership training for all school district staff, including staff administrators, supervisors, and principals. Five developmental programs promote the administrative leadership of both practicing and prospective administrators: (1) the Administrator Preparation Program provides comprehensive training for personnel who are seeking administrative promotional opportunities; (2) the Administrator Renewal Program furnishes specific leadership and management skills; (3) the Administrator Retraining Program addresses the needs of administrative underachievers; (4) the Future Leaders Preparation Program identifies and encourages potential…

Santana, Raymond A. Nava (1982). Legal Theory in Support of Bilingual Education. A review of the national and state legislation dealing with bilingual education is presented in the context of an introductory history of the bilingual movement in the United States. This history falls into two periods; the first from 1840-1920, and the second from 1960 to the present. The goal of bilingual education, to teach English without sacrificing the home language and culture, is the backdrop for the examination of the laws governing it. First, federal bilingual policy mechanisms are examined from the initial constitutional mandate resulting from the Brown v. Board of Education case to action of the Reagan administration in 1981 withdrawing proposed Lau regulations. In each case the legislation is criticized in terms of its impact on equal educational opportunity for limited English speaking minority children. Following this section, the response of the Los Angeles Unified School District to the 1974 Supreme Court decision in the Lau case is presented and an outline of major…

(1974). Women's Record. Integrated Education, 12, 3, 49-51, May-Jun 74. Deals with sexism and racism in education, emphasizing the interrelations between the two with particular emphasis on the minority women, including material on textbooks and classrooms. (Author/JM)…

(1974). Job Opportunity for Females: Fairy Tales and Wishing Wells. California School Boards, 33, 10, 16-23, Nov 74. Presents facts and figures disputing many of the traditional sex stereotypes of working women. (WM)…

Nichols, John E. (1977). The Tinker Case and Its Interpretation. Journalism Monographs No. 52. In 1969, in the case of Tinker vs. the Des Moines Independent Community School District, the Supreme Court ruled that if student speech acts did not interfere, or threaten to interfere, with the operation of the school, the acts could not be banned. This study is an analysis of the Tinker decision and of the ways it has been applied to court cases involving the high school and college student press. The first section discusses the facts in the Tinker case, lower court decisions regarding it, the arguments before the Supreme Court, the Supreme Court's decision, and the theory behind the case. The second section discusses court cases since the Tinker decision that have involved student press rights and have dealt with the following questions left vague or unanswered by the Tinker decision: What is "material and substantial interference" with school activities? When do forecasts of interference justify sanctions? Does the Tinker decision authorize prior restraint? Does the…

Murphy, Michael W. (1975). Measured Steps toward Equality for Women in Ireland: Education and Legislation. Convergence, 8, 1, 91-8, 75.

Goddlett, Carlton B. (1975). Needed: A Black Ideology and Agenda. Journal of Intergroup Relations, 4, 3, 16-21, Jul 75. Asserts that the probable reason for a lack of a black political ideology is the failure of blacks in America to realize who they are and what they must be about, and proposes that only two instruments can penetrate the present socioeconomic system — (1) strong economic power (which blacks will not in the foreseeable future obtain, it is stated here), and (2) strong political power. (Author/JM)…

Myer, William E. (1975). Students' Rights A Long Time Coming. Journal of the International Association of Pupil Personnel Workers, 11, 4, 223, Sep 75. Discusses the history and development of laws protecting children's rights up to the recent Goss vs. Lopez decision on suspension. (EJT)…

Greenberg, Jack (1975). Legal Problems – North and South. Integrated Education, 13, 3, 6-7, May-Jun 75. The focus of this testimony, presented to a public hearing before the New York City Commission on Human Rights in May 1974, is on the legal differences between attacks upon discrimination in the north and in the south; it is noted that the legal problems facing the north and the south have been becoming more and more the same. (Author/JM)…

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Bibliography: Civil Rights (Part 861 of 996)

Weaver, Robert (1975). Housing Problems of Minorities. Integrated Education, 13, 3, 74-80, May-Jun 75. This testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, reviews the status of minority group housing and the effects of federal programs upon it, advocating an approach which recognizes the intrinsic locational and real estate value of many black ghettos. (Author/JM)…

Long, Laila (1975). Barriers to Equalizing Housing Opportunities. Integrated Education, 13, 3, 101-104, May-Jun 75. This testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, by the Assistant Administrator, Office of Equal Opportunity, City Housing and Development Administration, advocates a policy which combines ghetto enrichment with programs designed to encourage integration of substantial numbers of Negroes into the society outside the ghetto. (Author/JM)…

Hoeber, Elizabeth (1975). Open Housing Through Legal Action. Integrated Education, 13, 3, 105-106, May-Jun 75. This testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, by the director of the Open Housing Center of the New York Urban League, notes that the federal government, the City of New York and the State of New York, in both the Division of Human Rights and the Licensing Bureau of the Secretary of State's Office, have power which are seldom used. (Author/JM)…

Taylor, William (1975). Metropolitan Approaches to Desegregation. Integrated Education, 13, 3, 131-134, May-Jun 75. This testimony, before the May 1974 public hearings of the New York City Commission on Human Rights by the Director for the Center for National Policy Review, Catholic University Law School, notes that one barrier to the liberation of black people from a legally-sanctioned caste system is the racially segregated structure of metropolitan areas throughout the nation. (Author/JM)…

Toppin, Edgar A. (1975). Blacks in the American Revolution. Crisis, 82, 7, 249-255, Aug-Sep 75. Re-examines the role played by blacks in the American Revolution, noting that blacks were a substantial portion (one-fifth) of the population, that about eight per cent of them were free, and that more free blacks lived in the South, that slavery existed in all 13 southern states, and that there were more slaves than free blacks living in the North. (Author/JM)…

Katz, Joseph (1968). Student Activism–Its Implications ffor Education and Career Planning. J Coll Placement, 29, 2, 32-35, Dec 68-Jan 69.

(1979). Chinese and American Women: Issues of Mutual Concern. Wingspread Brief. This article briefly describes a conference of Chinese and American women held to discuss womens' issues and promote mutual understanding between the two groups. The cultural exchange of information at the conference focused on discussion of the All China Womens' Federation (ACWF); the roles of women in China and the United States in the areas of health, education, employment, and the family; and miscellaneous womens' issues. Specifically discussed were: the current campaign of the ACWF to mobilize and organize women to promote China's modernization; current medical issues in the United States such as teenage pregnancy, smoking, and heart disease; China's grassroots health care outreach; the contemporary discriminatory practices against women in U.S. education today; the problem of getting women into high-paying powerful jobs in the United States; the enormous increase in women in the labor force in China since 1949; the problem of divorced women who are displaced homemakers in the… [PDF]

Leverett, E. Freeman (1981). Legal Liability of Individual School Board Members. Federal court decisions and federal statutes have established a number of new rights for individuals in recent years, and the Supreme Court decided in 1975 that school board members have only limited immunity from liability for the possible denial of those rights by school board actions. These two developments have drastically increased the amount of litigation faced by board members. The federal doctrine of limited immunity states essentially that officials are not immune if they "knew or reasonably should have known" that their actions would deprive individuals of their rights or if the actions were malicious, though the degree of immunity guaranteed board members may be changed by the Supreme Court. To avoid liability in federal court actions and in state negligence and libel suits as well, boards should follow due process, move with caution in matters of censorship and maternity leave, seek advice of counsel in advance, state at the outset all the grounds relied on in…

Shur, Janet L.; Smith, Paul V. (1980). Where Do You Look? Whom Do You Ask? How Do You Know? Information Resources for Child Advocates. The focus of this handbook is on institutional rather than on individual neglect and abuse of children. Specific problems facing children are documented and strategies offered for alleviating those problems at the federal, state, and local levels, as well as in the public and private sectors. A discussion is presented on the United States Census and how census data may be used to glean useful demographic information on children. Information is given on federal and state programs that operate in local communities. A section is devoted to information available on selected child-related topics, such as health, employment, income assistance, social services, Head Start, juvenile justice, welfare services, and child abuse and neglect. Guides to specific sources of information are appended. These include federal and state information centers, publications and statistical references available from government sources. (JD)…

Cebulski, Bonnie G. (1977). Affirmative Action Versus Seniority–Is Conflict Inevitable? Monograph of the California Public Employee Relations Program. In this monograph, the Federal equal employment opportunity law (the legislation and litigation on the seniority conflict) and the nature of seniority rights in the public sector are examined. The concept of affirmative action is discussed with reference to legislation and national policy and the interrelationship of affirmative action to layoffs by seniority. Distinctions between the nature of seniority principles and policies in the private sector and the public sector are outlined. Case law on issues of seniority and affirmative action in both sectors is detailed. Each of the major cases on the issue is critiqued. A case study of layoffs in the public sector in California is presented, with particular attention given to minority layoffs. Recommendations are made concerning alternatives by which public employers and employee organizations might meet the need to reconcile the dual pressures for budgetary restraint and for exemplary and fair employment practices for both career…

Howitt, Arnold M.; Moniz, Rita (1976). Ethnicity and Political Organization. Discussion Paper D 76-4. Urban Planning Policy Analysis and Administration. There are circumstances under which ethnicity becomes the basis for political action in contemporary America. For example, the uncertain orientation of Cape Verdeans' political participation in New Bedford stems from the complex nature of their ethnic identity. Despite cultural dissimilarities from and limited contact with blacks in New Bedford, Cape Verdeans have not wholly escaped being identified as blacks by others. And, because of racial status distinctions in American Society, most Cape Verdeans prefer to maintain their ties to the larger Portuguese community in the city. However, the lack of continuing political organization in New Bedford, black political activism in the 1960s, and an eye toward potential political gain encouraged many Cape Verdeans to join the United Front thus adopting the rhetoric of black identity. When circumstances began to change relatively early in the life of the United Front, more traditional patterns of politics were followed. As a result, the…

Legg, Marilyn; Mook, Corena Project: Strategies for Sex Fairness. Legislation's Push for Sex Fairness. One of a series of instructional packets to aid schools in reducing sex stereotypes, this inservice guide for use with school personnel is designed to develop an understanding of the provisions of federal legislation that affect sex equity in vocational education. Legislation covered is Title IX of the 1972 Education Amendments and relevant portions of Title II of the Education Amendments of 1976. Additional focus is on social factors that contributed to passage of the legislation. Expected presentation time is about an hour. Contents include a leader's script (material to be presented), three transparency masters, and two handout masters. The packet is designed for use alone, in combination with other packets (see Note), or to supplement existing inservice units. (JT)…

MARTIN, GALEN; And Others (1964). GUIDELINES FOR MUNICIPAL HUMAN RELATIONS COMMITTEES–A MEMORANDUM TO MUNICIPALITIES. GUIDELINES ARE PRESENTED, BASED ON THE EXPERIENCES OF SEVERAL COMMUNITIES, FOR COMMUNITIES SEEKING TO ESTABLISH OFFICIAL HUMAN RELATIONS COMMITTEES. MANY HAVE FORMED BIRACIAL COMMITTEES BECAUSE THEY FACED A CRISIS IN HUMAN RELATIONS. NORTHERN COMMUNITIES HAVE GONE FAR BEYOND THE SIMPLE COMMITTEE STRUCTURE AND HAVE CREATED COMMISSIONS WITH ENFORCEMENT POWERS AND MULTIPLE JURISDICTIONS–COMMISSIONS STAFFED WITH PROFESSIONALS IN THE INTERGROUP RELATIONS FIELD. THERE IS OVERWHELMING EVIDENCE THAT CERTAIN FEATURES ARE VITAL TO THE SUCCESS OF ANY COMMITTEE OR COMMISSION ON HUMAN RELATIONS. IT MUST BE CLEARLY UNDERSTOOD THAT THE PURPOSE OF SUCH AN OFFICIAL BODY IS TO ACT AS AN INSTRUMENT OF ORDERLY CHANGE WITH THE GOAL OF ACHIEVING EQUAL OPPORTUNITY FOR ALL. AGENCIES CREATED BY ORDINANCE, GIVEN ENFORCEMENT POWERS, AND STAFFED BY PROFESSIONALS ARE THE MOST EFFECTIVE. ANY COMMITTEE CREATED SHOULD HAVE A PERMANENT BASIS, AND THERE SHOULD BE PROVISION FOR CONTINUITY OF MEMBERSHIP. MEMBERSHIP…

Biklen, Douglas; Taylor, Steven J. (1979). Understanding the Law: An Advocate's Guide to the Law and Developmental Disabilities. This handbook, designed for advocates for disabled persons, focuses on understanding and researching the law. It is presented in seven chapters. Following the introduction (Chapter I), Chapter II provides a glossary of legal terms. The authors point out that in order for the law to serve as a tool for change, its language must be understood by those who advocate for change. Chapter III explains the system and interrelationships of laws at federal, state, and local levels. The four sources of law–constitutions, statutes, court decisions, and administrative regulations–are also discussed. Chapter IV provides an overview of the litigation process, specifically, what litigation is, who litigates, how, and where. Chapter V describes how to research the law. The intricacies of law libraries and indices and digests of laws are discussed. Chapter VI illustrates how to build a case on behalf of a client or constituency. An example based on an actual case is provided. Chapter VII addresses… [PDF]

Jeffers, Dennis W.; Marks, Andrew J. (1980). Perceptions of Media Performance in Reporting the Current Conflict in Michigan Over Indian Fishing Rights on the Great Lakes. A study was conducted to gain an indication of how the mass media are perceived in the performance of their reporting of the conflict over American Indian fishing rights in the state of Michigan. Respondents in the study were 42 participants at a conference on Indian fishing rights sponsored by the National Science Foundation and Central Michigan University in February 1980. The invited participants were representatives from the commercial fishing industry, sports fishing associations, governmental agencies, tribal councils, and educational institutions. Results indicated that (1) all participants were dissatisfied with the accuracy, amount, fairness, and frequency of the news coverage of the conflict; (2) native Americans were more dissatisfied than the non-Indian participants; (3) most participants believed that the mass media should give top priority to reporting the status of treaty litigation rather than to the political concerns of the special interest groups involved; and (4)…

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