Braden, Carole Lorraine (1978). Compulsory School Attendance Laws and the Juvenile Justice System. Criminal Justice Monograph, Vol. VIII, No. 3, 1978. The study reported here examines the relationship between compulsory attendance laws and the juvenile justice system in the United States. The content is presented in five chapters. The first, an introduction, covers the purpose, limitations, and procedure of the study. Chapter 2 explores the historical development of compulsory school attendance and child labor legislation. The next chapter examines the beginnings of the juvenile court and current problems related to compulsory schooling and the juvenile justice system. Chapter 4, through discussion of court decisions, covers current movements and trends related to children's rights in relation to the school, juvenile justice system, and community. Alternatives to compulsory schooling and correctional intervention with truants are explored in the last chapter. A bibliography is attached. (EM)…

Jamieson, Kathleen (1978). Indian Women and the Law in Canada: Citizens Minus. To be born poor, Indian, and a female is to be a member of the most disadvantaged minority in Canada today. For 109 years the Indian Act of 1868 has discriminated against Canada's Indian women on grounds of race, sex and marital status. It states that an Indian woman marrying a non-Indian man ceases legally to be Indian. She must leave her parents' home and her reserve. She may not own property on the reserve and she may be prevented from inheriting property from her parents. Her children are not recognized as Indian, and she may be prevented from returning to live with her family on the reserve even if she is in dire need, sick, deserted, widowed, separated, or divorced. Indian men may marry whom they please without penalty; their non-Indian spouses and children receive full Indian rights and status. The effects of this legislation on the Indian woman and her children can be very grave materially, culturally, and psychologically. The Indian Act is presently under revision, but…

Parham, David L.; Von Euler, Mary (1978). A Citizen's Guide to School Desegregation Law. These summaries of recent major court decisions related to school desegregation were prepared in an effort to be of assistance to nonlawyers. As an introduction, the workings of the United States judicial system are outlined, and an overview of school desegregation law since 1954 is provided. Recent decisions by the U.S. Supreme Court that set standards for desegregation cases in all Federal courts are explained. Noteworthy Federal cases in which the U.S. Supreme Court did not make significant rulings during the 1976-77 term are summarized. Some important cases that have arisen recently in the California State court system are discussed. Also provided are guidelines for locating texts of court decisions on desegregation. (Author/EB)… [PDF]

Frankel, Charles (1978). Human Rights and Foreign Policy. Headline Series 241. A discussion is presented of the meaning of human rights, implications of human rights for foreign policy, and obstacles to its realization on a global scale. Chapter I identifies human rights as a critical issue, commends President Carter's initiative in this area, and points out difficulties of implementing a human rights policy. Chapter II raises questions about the (1) intellectual background of the human rights concept, (2) concrete meaning of human rights, (3) ability of an American human rights policy to be consistent and principled, and (4) global implications of a human rights policy declared by a world power such as the United States. A historical analysis of the human rights concept is presented in chapter III. The author compares its role in the Judeo-Christian tradition, Roman stoicism, the writings of John Locke, and contemporary philosophy. Chapter IV explores a philosophical rationale for human rights based on religious, metaphysical, utilitarian, and social-contract…

Bartlett, Larry; And Others (1976). Search & Seizure in the Schools. A Model Policy and Rules. The issue of search and seizure in the public schools is clouded by conflicting legal decisions. School policies and rules on the issue should be made only after considerable deliberation and community input. Because of the lack of clarity, this model of search and seizure policy and rules is intended only as a basis for consideration of the topic. In making search and seizure policies, a balance must be maintained between an individual student's rights and the school's responsibility to maintain an environment conducive to learning. The basis for protection from unreasonable searches and seizures is the Fourth Amendment to the Constitution. The importance of the school's responsibility for maintaining an environment conducive to learning is evident in recent Supreme Court decisions involving short-term suspension of students and corporal punishment. The search and seizure policy suggested here is a short general statement of district direction concerning the policy. Numerous rules… [PDF]

Remy, Gwendolyn Mikell (1979). Brown V. Board of Education: 25 Years Toward Equal Educational Opportunity. An Educational Staff Seminar Forum to Assess Equality of Educational Opportunity. The effects of the Brown decision on equal education for minority groups in America and the contemporary social context in which the decision is applicable are the subjects of this paper. The author contends that as we have not yet reached the stage in American society where equal opportunity exists and race ceases to be a factor in the distribution of social and economic resources, the Brown decision is still relevant to current educational issues. In this context, she discusses (1) strategies that can be employed by minority group leaders to achieve equal educational access; (2) expansion of the implications of the Brown decision beyond a black/white issue, to include Native Americans, Hispanics, and other minorities; (3) competition for educational resources between different"special needs" populations; (4) problems of equal access particular to urban areas; (5) the issue of postsecondary desegregation with regard to black colleges; and (6) the question of race versus…

RECORD, WILSON (1964). CHANGING ATTITUDES OF SCHOOL PERSONNEL. MORE THAN IN ALMOST ANY OTHER PROFESSIONAL GROUP, THE ATTITUDES OF SCHOOL PERSONNEL ARE INFLUENCED BY COMMUNITY FACTORS. GENERAL ATTITUDES OF WHITE PUBLICS WILL CERTAINLY BY SIGNIFICANT FOR SPECIFIC ATTITUDES OF SCHOOL PERSONNEL TOWARD INTEGRATION. MOST SCHOOL PERSONNEL ARE MEMBERS OF THE MIDDLE CLASS. THEIR CLASS VALUES AND STATUS CONCERNS ENTER INTO THEIR CONFRONTATION WITH WITH INTEGRATION ISSUES. OF MAJOR CONCERN IS SCHOOL PRINCIPALS', TEACHERS', AND COUNSELORS' LACK OF ENCOUNTER WITH MEMBERS OF RACIAL AND ETHNIC MINORITIES AS EQUAL AND AS PARTICIPANTS IN SHAPING THE ACTIVITIES OF THE SCHOOL. THE ATTITUDES OF SCHOOL PERSONNEL ARE NOT EASILY CHANGED, BUT THEY ARE NOT IRRETRIEVABLY FIXED. TO FACILITATE INTEGRATION IN PUBLIC SCHOOLS, EDUCATORS SHOULD IDENTIFY THOSE ATTITUDES WHICH ARE DETRIMENTAL TO PUBLIC PRINCIPLES OF EQUAL EDUCATIONAL OPPORTUNITIES AND SEEK TO MODIFY THEM. AN ANALYSIS IS PRESENTED OF THE SPECIFIC ATTITUDES AND TYPES OF INDIVIDUALS FOUND AMONG SCHOOL…

SWEENEY, GEORGE C. (1965). THE SPRINGFIELD RULING. CONCLUSIONS OF JUDGE SWEENEY'S REVIEW OF THE SPRINGFIELD, MASSACHUSETTS, RULING ARE PRESENTED. THERE WAS NO DELIBERATE INTENTION OF THE SCHOOL AUTHORITIES TO SEGREGATE THE SCHOOLS. SEGREGATION RESULTED FROM A RIGID ADHERENCE TO THE NEIGHBORHOOD PLAN OF SCHOOL ATTENDANCE, WHICH HAD BEEN IN EFFECT SINCE THE LATTER PART OF THE NINETEENTH CENTURY IN SPRINGFIELD. THE SCHOOLS WITH A MAJORITY OF NEGRO STUDENTS RANKED LOWEST IN ACHIEVEMENT RATING BASED ON THE IOWA TEST OF BASIC SKILLS. WHEN STUDENTS TRANSFERRED FROM THESE SCHOOLS, THEY HAD DIFFICULTY KEEPING UP WITH OTHER STUDENTS. HE ALSO STATED THAT RACIAL CONCENTRATION WAS AN EDUCATIONAL AS WELL AS A CONSTITUTIONAL PROBLEM. THEREFORE, THE SCHOOL SYSTEM SHOULD PRESENT A PLAN TO ELIMINATE AS MUCH RACIAL CONCENTRATION IN ITS ELEMENTARY AND JUNIOR HIGH SCHOOLS AS POSSIBLE….

Harward, Lucy E.; Hoetker, James (1979). A Brief Review of Recent Court Decisions Related to the Use of Examinations for Purposes of Making Personnel Decisions. An Addendum to the Materials Prepared for the Writing Subtest of the Florida Teacher Competency Examination. Recent court decisions provide legal guidelines for the construction of teacher qualification tests. Such tests have often led to the rejection of a disproportionally large percentage of minority applicants. Boards of education have the right to establish tests and other standards pertaining to teacher employment. It is unlawful, however, for an employer to limit, segregate, or classify employees in a manner that adversely affects them because of race. Employment tests must be job related, with cutoff scores that do not discriminate against minorites. Essay examinations that are subjectively graded are legally permissable. Teacher certification tests may be developed and used for the purpose of teacher personnel decisons. (JEH)…

Daniels, Harry W. (1979). We Are the New Nation (Nous Sommes La Nouvelle Nation). The Metis and National Native Policy. A compilation of six policy statements, the booklet is intended to draw attention to the suppression of the rights of indigenous peoples (specifically, the Canadian Metis) by an inflexible federalist system of government, misguided national policies, and land claim settlements such as the 1978 COPE settlement. It is also intended to propose constructive alternatives to the destruction of Canadian native "collectivities". The documents include previously issued position papers, parliamentary and conference presentations, and responses to the COPE settlements, all of which formed the basis of 1978 discussions between the Canadian government and the Native Council of Canada (NCC), representing nearly one million Metis and Non-Status Indians. Written by Harry W. Daniels, president of NCC, the papers address: federalism, the myth of two founding peoples in Canada, the Metis Nation and its role in Canadian history, the James Bay Agreement, the COPE settlement, rights of…

(1978). The Status of Title IX in Region X; An Evaluation of Models and Barriers to Implementation of Title IX of the Education Amendments of 1972, for Region X of the U.S. Department of Health, Education and Welfare. This study examines the current status of Title IX implementation in Washington, Oregon, Alaska, and Idaho (Region X). The two major issues addressed are: (1) the status of the implementation of Title IX in Region X and perspectives, issues, and processes which have an effect on its implementation; and (2) implementation models and supportive organizational roles and resources which are necessary to encourage voluntary, positive compliance actions by affected educational agencies and institutions in Region X. An overview is provided of Title IX and efforts to eliminate sex discrimination in such areas as admissions, courses of study, sports, career counseling, scholarships and awards, and extracurricular activities. Problems arising from the confusion over the regulations, lack of clear policy interpretations, and the financial impact of Title IX implementation on school budgets are discussed. Major findings, conclusions, and recommendations concerning Title IX implementation in…

Miller, S.M. (1966). Economic and Political Prospects of the Poor. This conference paper points out underlying assumptions about current social events and relates contemporary actions to ultimate goals. Attention is drawn to a broader view of economic, social, and political factors and to the need for shifting from an examination of poverty to a critical awareness of the issues of inequality. Also discussed is the significance of \institutional changes in education and social service organizations.\ Within this frame of reference, the paper is concerned with the \rediscovery\ of poverty in the United States, the nonincome factors affecting economic position, the significance of education, and the development of a \diploma elite.\ The issues of political participation and political pressure are also discussed. It is felt that social scientists can provide perspectives and a focus for these problems. The reactions of several conference participants to this paper are included. (NH)… [PDF]

Featherman, David L.; Hauser, Robert M. (1975). Sexual Inequalities and Socioeconomic Achievement in the U.S., 1962-1973. This paper on sexual inequalities and socioeconomic achievement in the U.S. addresses the question of change in the processes of socioeconomic allocation for men and women during the period 1962-73. Data comparing married spouse-present men and their wives are drawn from an analysis of the 1962 socioeconomic stratification study, "Occupational Changes in a Generation," and its subsequent 1975 replication. An examination of occupation, education, and earnings showed socioeconomic improvements for both men and women. Women were found to have attained more schooling, but their achievements appeared less associated with the circumstances of their families or origin than did those of men. Although little evidence of inequality of opportunity by sex for educational and occupational attainments between 1962 and 1973 was found, equality of economic opportunity for women did not follow this pattern, as the process of earning attainment was found to be sharply different for the… [PDF]

Nolte, M. Chester (1976). Methods of Discipline: What Is Allowed? A Legal Memorandum. This publication briefly discusses the legal status of various methods of school discipline and related efforts to control the behavior of elementary and secondary school students. Specific topics examined include corporal punishment, suspension, expulsion, exclusion from extracurricular activities, detention, truancy, verbal correction, a variety of less common disciplinary measures, and the relationship of school discipline and the responsibility of school officials to civil justice. Usually the discussion of these topics consists mainly of brief quotations taken directly from court opinions in relevant cases. (Author/JG)… [PDF]

Melgert, Willy, Ed.; van Houte, Hans, Ed. (1972). Foreigners in Our Community: A New European Problem to be Solved. In 1969, the United Nations General Assembly proclaimed 1971 International Year for Action to combat Racism and Racial Discrimination. A congress was organized to focus on racial discrimination in employment opportunities. The congress, held in Amsterdam in August 1971, looked at the situation in three countries (the Federal Republic of Germany, the Netherlands, and the United Kingdom), where rapidly developing societies now include many cultural and ethnic minorities, which increasingly often are the victims of discrimination. The congress concentrated on the problems of the foreigner in those communities, defining the foreigner as one whose different color or social pattern makes him different from the society he lives in. The first chapter of the book gives the economic background to the phenomena of migrant labor. The second chapter surveys aspects of discrimination in the three countries concerned. The consequences of British membership of the European Economic Community for…

Dodd, Donald B.; Rabin, Jack (1973). The \ERA\ Comes to New Columbia. . A game designed to introduce secondary and college students to the legislative process and the issues surrounding the Equal Rights Amendment through simulation and role playing is presented. The simulation places the student in the role of a member of the Senate Judiciary Committee of the State Legislature of the hypothetical state of New Columbia. At stake is whether or not the committee will recommend to the State the passage of the Equal Rights Amendment which states that \equality of rights under the law shall not be denied or abridged by the U.S. or any state on account of sex.\ The student plays one of seven roles corresponding to the many pro and con opinions that have been expressed about the amendment. Step by step procedures lead students into three rounds (taking approximately 40 minutes) where they: (1) review the task in front of them, (2) attend a strategy-negotiation session where coalitions and compromises can be made, and (3) attend a voting session where debate and… [PDF]

(1970). Technical Assistance Survey, Calender Year 1969. Final Report. This document reports and analyzes direct technical assistance to school districts for the calendar year 1969. More than 6,400 requests for technical assistance were serviced from 1,300 school districts; approximately three-fourths of these requests were from Southern and border states. A major service was assisting school systems with the development of comprehensive desegregation plans. Other forms of assistance included disestablishment of dual school systems and operation of training programs, workshops, and summer institutes. (Author/DM)… [PDF]

Brandes, Ely M. (1969). The Labor Movement and the Student Revolt: An Attempt at Historical Analogy. In an attempt to predict the outcome of the revolution of students that is now occurring in the U.S., an analogy is drawn between a similar social revolution, the American labor union movement of 1870 to 1940. Both movements began as revolutions designed to gain equality and power for disenfranchised minorities. Although the issues disputed by labor-management differ in many respects from the demands of student rights. Basic similarities in the social and political environments surrounding the emergence of both movements include: (1) Lack of support from the established political parties, (2) presence of some support from the intellectual community, and (3) generally hostile public reactions to the movements. The labor movement eventually achieved the right to bargain collectively as equals in return for their pledge to support the established American political and economic system. The analogy suggests that resolution of the student revolt will require both a recognition of… [PDF]

Myers, Lowell J. (1968). The Law and the Deaf. Intended for the professional workers with the deaf as well as for members of the legal profession, the text considers problems, including interpretation, that the deaf may have in coopeating with the legal system. Specific areas of legal concern covered include the following: contracts and relationships, injuries and accidents, criminal offenses, and governmental and administrative matters. (JD)… [PDF]

(1973). Enhancing Female Participation in the Junior Reserve Officer Training Corps Program. Report to the House of Representatives, Ninety-third Congress, First Session. The purpose of this bill is to eliminate the present exclusion of females from the minimum number of 100 students necessary to maintain a Junior Reserve Officer Training Corps unit. Current law requires that only male students be counted. This bill would permit females to be counted, a change wholly consistent with military services policy of full and equal opportunity in the Armed Forces. It is viewed as a logical extension of the college Reserve Officer Training Corps program, already accepting the enrollment of women. The committee on Armed Services, on October 2, 1973, a quorum being present, recommended enactment of H.R. 8187 without an amendment. No increased cost will result from enactment of this bill. The Department of the Navy, in behalf of the Department of Defense, strongly recommends enactment of this legislation. (Author/MW)… [PDF]

(1974). The Rights of Children. Harvard Educational Review Reprint No. 9. Harvard Education Review, v43 n4 and v44 n1 1973-1974. This collection of articles describes the institutions, policies, and professionals that shape, curtail, and delineate children's lives. The basic premise underlying the discussion is that children are equal persons under the law with rights, as opposed to needs, which connote dependency. The collection is divided into three main parts dealing with the following topics: (1) children and the law and the philosophic justifications for the rights of children; (2) advocacy for children, considering the balance between the interest of the state, the family, and the child in four articles; (3) various social agencies and the impact of their policies on children. Such policies deal with juvenile justice, foster care, child abuse, classification of students, amphetamines and children, radical correctional reform, and the mislabelling of children as mental retardates. Book reviews covering the history of children in America, child care, marriage, parenthood, family, and student rights…

Butler, Johnnella; Marable, Manning (1974). The New Negro and the Ideological Origins of the Integrationist Movement. The literature of the Negro Renaissance needs to be re-examined from the purview of the pervasiveness of the conflicts apparent in such literary themes as the tragic mulatto, the glorified and idealistic African past, the alienation from American culture, and an implied, and at times overt, self-hatred. The Renaissance literature reflects the reality of the Negro as he indeed perceived himself regardless of color–the reality of the psychological mulatto. Histroically, black scholars must re-evaluate the origins of the integrationist movement. Even now most refuse to ask themselves if it was relevant to the African-American working class laborers and farmers whether or not a few Negroes got \equal opportunity\ to become part of white America. Literary and other cultural aspects of the black American experience must be employed in the historiography of analyzing such questions as: Who really wanted this struggle for total assimilation in white culture and economics? Why is it that… [PDF]

Fisher, B. Jeanne; Fitzgerald, Laurine E. (1974). Legal Issues: Status Report. The paper provides information concerning legal issues relating to sex bias which may be inherent in the present popular usage of standardized interest measurement instruments, focusing on current laws and guidelines, and the possible implications of judicial decisions which relate to sex bias and interest testing in education and employment settings. No test case has included or noted interest measurement instruments; employing the method of \doctrine of analogy,\ however, inferences regarding the legal issues have been drawn. To the extent that interest inventories support stereotypic sex and occupational linkages or restrictions, the tests are biased; should a sex-biased instrument discourage an applicant from educational or employment opportunity, or be used in a negative decision in the case of the applicant because of differentiating scales or inappropriate sex-based normative data, then it would appear that the spirit of the law was denied. Two remedies seem clearly… [PDF]

(1974). Indian Voices: The Native American Today. The Convocation of American Indian scholars was conceived, organized, and directed by the American Indian Historical Society. The first convocation was held at Princeton University in 1970. Unlike conventions, the convocations are called when emergencies in Indian life exist, when changes are needed, and when new directions are emerging. This second convocation responded to the desperate struggle of the Indian people to protect their rights, particularly in the area of natural resources. With the exception of a specialist on water rights, the meeting was restricted to Indians. It was also felt that the convocation should stir up ideas and independent thought in education, curriculum development, and health professions. This report is offered as a means of communicating what the Indians themselves think about the issues confronting them today. It is also emphasized that the participants were individuals involved in Indian affairs who do not necessarily speak for their tribes or…

(1970). The Status of School Desegregation in the South, 1970. A Report. In order to determine the quality and extent of school desegregation in the South, the authors of this report examined numerous desegregation plans accepted by the Federal government; monitors were sent to over 400 desegregating school districts. The investigators found that: (1) the government's figures on desegregated systems are misleading because individual schools often remain segregated; (2) often the burden has been placed on black schools and parents; (3) within "desegregated" schools, widespread segregation in classrooms and buses and relating to many of the extra-curricular activities still persists; (4) black teachers and staff have been dismissed or demoted; and, (5) the Health, Education and Welfare and the Justice Departments have accepted some desegregation plans which result in resegregation. Underlying these problems is the mistaken belief that desegregation is simply the mixing of black and white students and no more; little attention is considered to… [PDF]

DeMitchell, Todd A. (1977). The \Lau\ Decision and Higher Education. College Student Journal, 11, 4, 344-5, W 77. This article is to raise questions and stimulate awareness of possible legal ramifications of one level of education being extended to a higher level of education. The Lau v. Nichols decision was chosen. The college administrator needs to be aware of this possibility of extension. (Author)…

Stern, Lynne Rothschild (1976). Retroactive Seniority as a Remedy for Title VII Violations: Relief to Newly Hired and Incumbent Employees in Light of Franks v. Bowman. Loyola Law Review, 22, 4, 923-61, F 76. Franks v. Bowman Transportation Co. set forth the principles for determining whether a seniority system violates Title VII and awarded retroactive seniority to a limited group of employees previously denied employment due to their minority status. This ruling is examined in terms of the rights of non-minority employees. Available from: Loyola University, New Orleans, La. 70018. (LBH)…

Reitman, Alan (1988). Corporal Punishment in Schools–The Ultimate Violence. Children's Legal Rights Journal, v9 n33 p6-13 Spr. In a question-and-answer format, the issue of corporal punishment is discussed, focusing on: its definition, history of the anti-corporal punishment movement, reasons for support of corporal punishment by educational authorities, constitutional protections under the Fifth and Eighth amendments, results of court cases, and methods for eliminating use of corporal punishment. (JDD)…

Pangle, Thomas L. (1987). The Constitution's Human Vision. Public Interest, n86 p77-90 Win. Discusses traditional concepts of tradition, religion, commerce, and family life. Points out innovative philosophies held by the Founding Fathers which shaped the Constitution. The subsequent moral revolution needs to be reconsidered in light of the Founding Fathers' intent. (PS)…

Sorenson, Donna (1987). Introducing the First Amendment. Update on Law-Related Education, v11 n1 p25 Win. Offers a lesson plan for teaching upper elementary and middle school students about the First Amendment. The lesson begins by inviting students to censor government criticism in the local newspaper and may be expanded to include an introduction to the Bill of Rights. (JDH)…