St. John, Nancy; Weinberg, Meyer (1972). Desegregation: Voluntary or Mandatory? Comment on the St. John Article. Integrated Education, 10, 1, 7-16, 16-17, Jan-Feb 72. …

Berger, Raoul (1979). The Fourteenth Amendment: The Framers' Design. South Carolina Law Review, v30 n3 p495-509. Argues that, in dealing with the rights of minorities, the Supreme Court has read the Fourteenth Amendment in a way contrary to the intent of those who framed the Constitution. Available from the South Carolina Law Review, University of South Carolina School of Law, Columbia, South Carolina 29208; $13.00/year. (IRT)…

Woodhouse, Shawn (2002). The Historical Development of Affirmative Action: An Aggregated Analysis. Western Journal of Black Studies, v26 n3 p155-58 Fall. Reconstructs the development of equal employment opportunities for African Americans after the Civil War, recapitulating historical accounts of the integration of African Americans into mainstream society, beginning with the Civil War and including legal precedents such as Brown v. Board of Education. Racial discrimination in employment was severely limited when numerous executive orders were implemented by several presidents (Roosevelt, Kennedy, and Johnson) to reinforce affirmative action. (SM)…

Bell, James D. (1984). Letters of Recommendation/Verbal References Should Not Become Endangered Communications: an Analysis of Rights, Responsibilities, and Duties of References. In view of the dramatic increase in the numbers of laws and lawsuits since the 1960s, teachers must become aware of the privacy considerations and potential legal problems that may arise when writing a letter of recommendation or giving a verbal reference. They should become familiar with present common law doctrine and recent legislation pertaining to exactly what constitutes legally defensible information in a recommendation. The following four laws presently and potentially affect references: the Privacy Act of 1974, the Fair Credit and Reporting Act of 1970, the Family Education Rights and Privacy Act of 1974 and the Buckley Amendment (1974), and the Freedom of Information Act (1966). Besides knowing how these laws affect information, persons providing references should also know how common law dealing with defamation, libel, and slander affect communication. The defenses afforded persons providing statements and letters of recommendation include the securing of permission…

Gruhl, John; Welch, Susan (1990). The Impact of the \Bakke\ Decision on Black and Hispanic Enrollment in Medical and Law Schools. Social Science Quarterly, v71 n3 p458-73 Sep. Examines effects of the Supreme Court decision, \Regents of the University of California V. Bakke\ on Black and Hispanic enrollment in medical and law schools. Uses time-series analysis on aggregate enrollment trends between 1968 and 1987. Finds decision had little impact but notes decline in these applications beginning in 1984. (NL)…

Cover, Marilyn, Ed.; Nightingale, Meg, Ed. (1982). Youth Faces the Law: A Juvenile Rights Handbook. Fourth Edition. The information in this handbook is intended to help youths learn about their rights and responsibilities in the legal system. The reasoning behind the guide is that the more youths know about the law the better are their chances of avoiding unnecessary problems and the easier it will be to make the law work for them. The handbook is divided into three sections: (1) how the law deals with young people before they reach 18, the age of majority; (2) what happens when youths get in trouble with the law; and (3) the rights of a student in school. Readers are cautioned that many of the laws covered in the book are applicable in Oregon only. Advice as well as information is offered, lightened by amusing illustrations. (MLF)…

Ruhala, Richard J. (1974). Due Process or Don't Let Your District Get Caught on the Losing End of a Lawsuit. American School Board Journal, 161, 7, 23-25, Jul 74. Examines the background of due process as it relates to school discipline, as well as several recent court decisions involving this point of law. (Author)…

Liggett, Lee B. (1980). Discipline by Grade Reduction and Grade Denial Based on Attendance. The courts have established that students have a right to due process when they are suspended from school for disciplinary reasons, since suspension involves depriving the student of his entitlement to an education. When grade reduction is used for punishing absence or tardiness or to discourage unacceptable behavior, must due process also be used? From several cases tried in federal courts it appears that due process must be used, but the appellate court of Illinois and the Supreme Court disagree on how to tell whether due process has been denied. The Supreme Court, in \Goss v. Lopez,\ stated that any deprivation of rights required procedural due process, while the appellate court held in other cases that the severity of deprivation had to be unreasonable before due process rights could be considered to have been denied. In general, it appears that grading or the awarding of academic credit should not be used arbitrarily to control behavior, but should depend on the subjective…

Nava, Julian (1970). Mexican Americans: A Brief Look at Their History. This short survey begins with a definition of the Mexican American and some of the questions asked by the general public about his culture and aims. It outlines the history of the United States' involvement with Mexico and explains the experience of the Mexican Americans after the end of the Mexican War in 1848. Their ethnic origins and the rich cultural backgrounds of both Mexico and Spain are described, as well as the Spanish settlement of the Southwest and California. The widespread disregard for the provisions of the Treaty of Guadalupe Hidalgo, which called for the free enjoyment of liberty, property, and religion, and the U.S. settlement of the West in the goldrush led to their being downgraded as citizens by means of new land registry laws and legal systems, the requirement of literacy in English as a voting qualification, and an Anglo-dominated school system. The employment of immigrant day-laborers along the border and the prevelance of Spanish-language newspapers, movies,… [PDF]

Avery, Charles W.; Simpson, Robert J. (1987). Search and Seizure: A Risk Assessment Model for Public School Officials. Journal of Law and Education, v16 n4 p403-33 Fall. Provides a model of search and seizure procedures available to public school officials and a discussion of the legal liability and risks involved in the use of the different procedures. Discusses probable cause, warrant requirements, and reasonable suspicion. Includes an appendix with a sample search and seizure policy. (MD)…

Nolte, M. Chester (1974). Brush Up in One Short Sitting: Ten Years of Tumult in School Law, and Their Lessons. American School Board Journal, 161, 1, 48-51, Jan 74. The late 1960's have seen teachers and students gain rights in school that they had not had before. No longer can the administrator and the school board act as their own lawyer. (Author/WM)…

Knowles, Laurence W. (1972). High Schools, Marriage, and the Fourteenth Amendment. Journal of Family Law, 11, 4, 711-736, 72. …

Larkins, A. Guy (1983). The Fluke Press: Values Analysis for Intermediate Grades. Georgia Social Science Journal, v14 n3 p48-51 Fall. Two true stories and a satirical poem dealing with conflict between respect for authority and freedom of speech are used as examples for classroom discussion about citizen responsibility. (IS)…

Stewart, Bruce R. (1982). Reconciling the Competing Interests of Parent and Child. School Law Bulletin, v13 n2 p1-9 Apr. Examines first the right of parents to decide educational issues that affect their children and then the bases for children's rights. Proposes a standard for insuring that children's interests are protected when conflicts erupt over an educational issue. (Author/MLF)…

Kortering, Larry; And Others (1990). An Instructive Review of the Law Pertaining to the Graduation of Special Education Students. Remedial and Special Education (RASE), v11 n4 p7-13 Jul-Aug. The legal parameters concerning how and when to properly graduate special education students are examined, through review of the United States Constitution, the Rehabilitation Act, the Education of All Handicapped Children Act, and subsequent case law. Recommendations on how school districts can properly terminate services are also presented. (Author/JDD)…

McCarthy, Martha (2002). Anti-Harassment Policies in Public Schools: How Vulnerable Are They?. Journal of Law & Education, v31 n1 p52-70 Jan. Analyzes recent federal court decision striking down school anti-harassment policy on First Amendment grounds. Discusses freedom of expression rights in public setting as compared to public-school context. Argues decision incorrectly relies on law developed outside public-school context, unjustifiably finds violation of First Amendment, and may set bad precedent. (KSB)…

Melton, Gary B. (1999). Parents and Children: Legal Reform To Facilitate Children's Participation. American Psychologist, v54 n11 p935-44 Nov. Explicates the rationale for efforts to promote the participation of children (and their parents and other interested adults) to help them feel that they are heard, noting the framework that is currently in place in most western countries, explaining this effort's foundation in international human rights law, and describing ways that it can be applied. (SM)…

Essex, Nathan L. (2004). Are Drug Sweeps in Public Schools Legal?. Clearing House, v78 n2 p57 Nov-Dec. To search or not to search is a perplexing issue facing school leaders. On one hand, school officials are responsible for providing a safe and orderly learning environment for all students. On the other hand, they must recognize and respect students' personal rights. Achieving this delicate balance often is difficult for school officials. This article examines a couple court cases that questioned the constitutionality of drugs sweeps in public schools. The article lists guidelines school officials should consider to protect the constitutional rights of students and minimize legal challenges by parents and students….

Hagan, Jacqueline Maria; Phillips, Scott; Rodriguez, Nestor (2006). Brutal Borders? Examining the Treatment of Deportees during Arrest and Detention. Social Forces, v85 n1 p93-109 Sep. Recent legislation has produced a dramatic rise in the detention and removal of immigrants from the United States. Drawing on interviews with a random sample of Salvadoran deportees, we examine treatment during arrest and detention. Our findings indicate: (1) deportees are often subject to verbal harassment, procedural failings and use of force; (2) force tends to be excessive; (3) force is more common against deportees than citizens; (4) situational contingencies and organizational actors influence force, but ecological settings do not. (Contains 1 figure, 5 tables and 13 notes.)… [Direct]

Arnot, Madeleine (2006). Gender Equality, Pedagogy and Citizenship: Affirmative and Transformative Approaches in the UK. Theory and Research in Education, v4 n2 p131-150. This article explores the relationship between gender equality, pedagogy and citizenship. It locates the analysis of education within the gender dilemmas associated with liberal democratic citizenship. Of particular concern is the tension between the promotion of equality and difference. Nancy Fraser's distinctions between redistribution and recognition and between affirmative and transformative remedies are used to explore two phases in the pedagogical debate around gender equality and difference in the UK since the 1970s. These phases demonstrate the contradictions associated with gender as a "bivalent collectivity"–a collectivity defined through both economic and cultural/representational forms. The conclusion argues for a "critical pedagogy of difference" which promotes pedagogic democratic rights as well as critical gender identities. (Contains 3 tables.)… [Direct]

Reagan, Timothy (2006). The Explanatory Power of Critical Language Studies: Linguistics with an Attitude. Critical Inquiry in Language Studies, v3 n1 p1-22 Jan. In this article, I address the miracle of human language from a socio-cultural perspective, emphasizing the role that language, and more explicitly, the critical study of language, can and should play in developing reflective, socially and politically aware and responsible teachers, administrators, and students. The article begins by examining the nature and focus of critical language awareness as it has emerged in the recent years, with particular focus on the implications of critical language awareness for educators. The framework established in discussing critical language awareness is then applied to several broad areas: critical discourse analysis, as a potentially powerful research methodology, and to the implications of critical language awareness for the concept of language rights in education in general and specifically in case of deaf children. (Contains 1 note.)… [Direct]

Appadurai, Arjun (2006). The Right to Research. Globalisation, Societies and Education, v4 n2 p167-177 Jul. This paper argues that research be recognised as a right of a special kind–that it be regarded as a more universal and elementary ability. It suggests that research is a specialised name for a generalised capacity to make disciplined inquires into those things we need to know, but do not know yet. I maintain that knowledge is both more valuable and more ephemeral due to globalisation, and that it is vital for the exercise of informed citizenship. I acknowledge the 30% of the total world population in poorer countries who may get past elementary education to the bottom rung of secondary and post-secondary education, and state that one of the rights that this group ought to claim is the right to research–to gain strategic knowledge–as this is essential to their claims for democratic citizenship. I then explore the democratisation of the right to research, and the nexus between research and action, using the Mumbai-based Partners for Urban Knowledge Action and Research (PUKAR) as an… [Direct]

Lopach, James J.; Luckowski, Jean A. (2006). National Security and Civil Liberty: Striking the Balance. Social Studies, v97 n6 p245-248 Nov-Dec. After September 11, 2001, the Bush administration initiated large-scale electronic surveillance within the United States to gather intelligence to protect citizens from terrorists. Media commentary, public reaction, and classroom practices regarding this program have tended toward either-or positions: either for presidential power and national security or for judicial intervention and civil liberty. No one has proposed that at issue is a political question for Congress and the president to resolve themselves. The authors argue that congressional oversight, more than judicial review, is needed to ensure that the president, in seeking to protect the country, does not abuse executive power and jeopardize essential liberties. Teachers should emphasize separation of powers instead of checks and balances. The authors suggest related approaches for planning lessons about striking the balance between security and liberty. (Contains 4 resources.)… [Direct]

Fengying, Li; Zhongle, Zhan (2006). An Analysis of the Legal Status of Higher Education Institutions. Chinese Education and Society, v39 n3 p10-40 May-Jun. This article gives a comprehensive analysis of the legal status of higher education institutions. It focuses on different roles they play in our society, such as administrative entities, opposing parties to administration, and civil entities. It further illustrates its conclusions with case studies. The article focuses on the status of higher education institutions as an administrative entity and its manifestation in individual cases and expounds on issues such as administrative discretion, due process, and obligation of corresponding administrative compensation. It also analyzes and discusses the status of higher education institutions as an opposing party to administration or a civil entity, as well as other related issues, in conjunction with relevant case studies. (Contains 47 notes.) [Translated by Huiping Iler.]… [Direct]

(1982). Crawford et al. v. Board of Education of the City of Los Angeles et al. Certiorari to the Court of Appeal of California, Second Appellate District. No. 81-38. Argued March 22, 1982. Decided June 30, 1982. Supreme Court of the United States. Syllabus. This document includes a case summary and the Supreme Court Justices' opinions on Crawford vs Board of Education of the City of Los Angeles. The Crawford case concerned the constitutionality of Proposition 1, a State constitutional amendment ratified by California voters to stop mandatory pupil reassignment and busing within the Los Angeles Unified School District unless the reassignment was mandated by a Federal court to remedy a violation of the Equal Protection Clause of the Federal Constitution's Fourteenth Amendment. The Court opinion, delivered by Justice Powell, held that Proposition 1 did not violate the Fourteenth Amendment; was merely a repeal of previous desegregation litigation; was not enacted with discriminatory intent; and had legitimate nondiscriminatory objectives, mainly the educational benefits of neighborhood schooling. Concurring, Justice Blackmun distinguished between the Crawford case and the case of Washington vs Seattle, maintaining that in the latter case,… [PDF]

Garrett, Willie; Ogletree, Earl J. (1981). Legal Issues in Education: A Review of Research. This paper reviews laws, regulations, and court rulings that teachers, educators, and school administrators should be aware of in order to assert and protect their rights. It provides information on constitutional and legal provisions affecting the day to day operations of schools as well as the rights of teachers, students, and other school personnel in the following areas: (1) student discipline; (2) school board-teacher relations; (3) State and Church relations; (4) dress codes; (5) access to student records; and (6) tort liability. (Author/MJL)…

(1983). What's in Your Credit Report? The CIRcular: Consumer Information Report 22. This report tells what information is likely to be in a credit report; how it is collected, filed, and communicated; and how individual rights regarding credit are protected by law. Topics covered include: (1) information generally contained in a credit profile (identification, family status, public record information, credit accounts, and inquiries); (2) information not included due to law or due to the process of reporting credit; (3) a description of the credit reporting process including problems that can be caused by incomplete applications or incomplete information exchange systems; (4) types of reports supplied by credit bureaus (in-file reports and updated reports); (5) the rights of individuals under the Fair Credit Reporting Act of 1971 to see their credit reports and procedures to follow in order to see a report; and (6) actions to take if information in the report is disputed. Addresses and telephone numbers of California offices of federal and state agencies which…

Heintz, Ann Christine (1975). Ivory Towers Sap Creativity and Fog Future. Communication: Journalism Education Today, 9, 20-22, F 75. Looks at the current status of scholastic journalism one year after the release of the Kennedy Commission's report on the problems that confront high school journalism staffs. (RB)…

MacKenzie, John P. (1975). A Court That Dared the Unknown. Journal of Law and Education, 4, 1, 25-28, Jan 75. Discusses the Supreme Court's changing political entanglements and its orientation toward equality since 1954. (DW)…

Draba, Robert E. (1974). Short Suspensions: The Goss Decision Establishes a Student's Due Process Rights. Administrator's Notebook, 23, 4, 1-4, Dec 74. Discusses the background of the case, presents the majority and minority opinions, and examines immediate and distant implications for educational administrators. (Author)…