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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Black, Maggie (2001). Early Marriage: Child Spouses. Innocenti Digest No. 7. This digest focuses on early marriage–the marriage of children and young people under the age of 18–from a human rights perspective. Research into early marriage has tended to concentrate on specific aspects of its impact, such as the effects on reproductive health and school drop-out. There has been little examination of the practice as a child rights violation in itself. The digest examines the extent of early marriage, its context, its causes, and its impact on every aspect of the lives of those affected–particularly young girls–and on the wider society. It outlines strategies to help those who have been married at an early age, and for the prevention of early marriage through education, advocacy, and alliance building. The digest concludes with a call for more rights-based research on an issue that has far-reaching consequences. Contains data boxes alongside the text and extensive information sources. (BT)…

Clayton, Claude F., Jr. (1973). Equal Protection and Standardized Testing. Mississippi Law Journal, 44, 5, 900-927, Nov 73. Due to the tremendous increase in the use of standardized tests, there have recently been significant developments in the law that have initiated a reevaluation of the social and legal implications of the use of such tests. (Author)…

Roberts, O. D.; And Others (1972). Procedural Due Process: One Institution's Plan and How it is Working. NASPA Journal, 9, 3, 207-214, Jan 72. …

Welner, Kevin (2002). Examining the Present and the Future of Legal Protections for Controversial Teaching in Public Schools. Classroom speech of public-school teachers is a messy subject with regard to the tension between various societal demands and basic rights of students, teachers, and others at school sites. The demands are not always consistent, and rights are subject to different interpretations depending on which court decision forms the underlying basis for a trial's outcome. This paper analyzes the apparent confusion surrounding this issue of controversial pedagogy. The balancing of rights is discussed with respect to court cases in which the integrity of curriculum and concerns of public interest weaken or eliminate teachers' First Amendment protections. School choice affects teacher speech in a variety of ways because policy-making is decentralized, and greater importance is placed on students' and parents' decisions about what sort of educational experiences produce best results. An analytical framework of more comprehensive scope is needed in addressing these cases involving the notion of a…

Buechler, Mark; And Others (1989). The Debate Over Corporal Punishment. Policy Memo Series No. 5. Corporal punishment, the act of disciplining students by inflicting physical pain (usually paddling the child's backside), has recently come under fire due to the public's growing concern over child abuse. Opponents of corporal punishment assert that there is little hard evidence showing that physical punishment promotes character development or produces lasting behavioral change. In fact, opponents claim that corporal punishment can be counterproductive by increasing rather than curtailing antisocial behavior. Corporal punishment supporters believe that coddling students who deserve to be punished is likely to do lasting harm; supporters suggest that children who do not learn that misbehavior has unfortunate consequences may never learn to behave acceptably. Currently, according to federal court rulings, school authorities can use reasonable physical punishment unless board policies or state laws stipulate otherwise. Across the 32 states that permit corporal punishment in their… [PDF]

McLoughlin, Caven S.; Sametz, Lynn (1983). Teachers' Knowledge of the Law as It Affects Children: Technical Note. Perceptual and Motor Skills, v56 n2 p565-66 Apr. Preservice teachers' (n=107) knowledge of children's legal rights was investigated. Responses to The Survey of Children's Legal Rights indicated that teachers' understanding of the law as it affects children is only marginally correct. (Author)…

Veraldi, Lorna (1995). Academic Freedom and Sexual Harassment. Contemporary Education, v66 n2 p74-76 Win. A discussion of sexual harassment on American college campuses focuses on the case of Silva v. University of New Hampshire. The article examines the university's responsibility to protect students from sexual harassment while at the same time protecting freedom of expression. Various examples are presented in an attempt to define sexual harassment. (SM)…

Daly, James K.; And Others (1995). Building Support for Intellectual Freedom. Contemporary Education, v66 n2 p92-95 Win. An analysis of policy documents from six national organizations that promote intellectual and academic freedom for teachers and students supports the need for school systems to develop and articulate guidelines for addressing challenges to instructional methods and materials used in the schools. Recommended actions are discussed. (SM)…

Powell, Brent (1995). Henry David Thoreau and Martin Luther King, Jr. Lesson Plan. OAH Magazine of History, v9 n2 p47-49 Win. Presents a five-lesson, high school instructional unit on the ideas and activities of Henry David Thoreau and Martin Luther King, Jr. Includes student objectives, step-by-step instructional procedures, and discussion questions. Provides quotations by Thoreau and King. (CFR)…

(2009). Doorways I: Student Training Manual on School-Related Gender-Based Violence Prevention and Response. US Agency for International Development The Doorways training program was designed by the U.S. Agency for International Development (USAID)-funded Safe Schools Program (Safe Schools) to enable teachers, community members and students to prevent and respond to school-related gender-based violence (SRGBV). \Doorways I: Student Training Manual on School-Related Gender-Based Violence Prevention and Response\ was designed for students to improve their resiliency and self-efficacy and to help them prevent and respond to SRGBV. A glossary is included. Two appendices are included: (1) School-Related Gender-Based Violence: Definition and Types; and (2) Sample Letter to Parents. (Contains 34 footnotes.) [This manual is part of the Doorways program that comprises: \Doorways II: Community Counselor Reference Materials on School-Related Gender-Based Violence Prevention and Response\ (ED507889); \Doorways II: Community Counselor Training Manual on School-Related Gender-Based Violence Prevention and Response\ (ED507887); \Doorways III:… [PDF]

(1977). Race Relations in Britain. This pamphlet outlines activities that the British government has undertaken to provide equality of opportunity to ethnic minorities. Background information is provided through an overview of immigration trends which describes racial and regional distributions of minority groups. Legislation concerning race relations and discrimination is summarized. Descriptions of the Race Relations Act of 1976, the Commission for Racial Equality, the Incitement to Racial Hatred Act, the Race Relations Board and the Community Relations Commission, Community Relations Councils, and early racial legislation are provided. Social policies enacted for the benefit of racial and ethnic minorities are outlined. The policy areas include housing, health, education, employment, media, and police relations. Immigration statistics and listings of departments and organizations concerned with immigration and race are appended. (MK)…

Bryan, Elizabeth, Ed. (2008). Strategies for Promoting Gender Equity in Developing Countries: Lessons, Challenges, and Opportunities. Woodrow Wilson International Center for Scholars Over the last several decades a number of strategies have emerged and evolved to promote gender equity in development efforts. Yet debates regarding the relative efficacy of these strategies remain. On Thursday, April 26, 2007, the Woodrow Wilson Center convened a group of experts on gender and development to address the issue of gender inequality from a variety of perspectives. Panelists reflected on past efforts to promote gender equity and discussed effective strategies for the way forward. The first panel discussed the main approaches to promoting gender equity and the progress made towards incorporating gender concerns in development institutions. Laying out the historical context in which the Women in Development (WID) and Gender and Development (GAD) strategies emerged, Jane Jaquette argued that the way in which these approaches evolved has depended very much on the limitations and opportunities available at different points in time. Discussing the effectiveness of gender… [PDF]

Olagunju, Amos O. (2008). Harmonizing the Interests of Free Speech, Obscenity and Child Pornography on Cyberspace: The New Roles of Parents, Technology and Legislation for Internet Safety. Online Submission, Paper presented at the Oxford Round Table on \The Regulation of Cyberspace: Balancing the Interests\ (Oxford, England, Mar 28, 2008). Incorrect access to Web site addresses and spam e-mails are continuing to make pornography rampant on the Internet at schools, homes and libraries. Collectively, parents, teachers and members of communities must become more aware of the risks and consequences of open access to the Internet, and the distinction between censorship and Internet access filtering. Parental involvement is crucial for raising children with healthy Internet access habits to social and educational materials. Although generations have coped with different times and trials, technology is ushering in new trials. Parents and communities cannot ignore the present and future technology ingrained into the lives of children. This paper contends that, parents armed with legislation and technological security devices for access to the Internet, ought to strengthen the character of online Internet safety. The discussion is focused on the roles parents, communities, technology and laws should play in protecting children… [PDF]

Brodwin, Martin G.; Chen, Roy K.; Ong, Lee Za (2008). Making a Global Impact: The United States' Role in Training International Students as Rehabilitation Counselors and Educators. Rehabilitation Education, v22 n3-4 p193-202. The World Health Organization (WHO) has estimated that about 10% of the world's population has some kind of disability (Poverty and Disability, 2000), yet many of the individuals who live in developing nations lack access to rehabilitation services. In this paper the authors share their concerns and rationale regarding the role of the United States in preparing international students. Specific recommendations to promote the growth of international rehabilitation education and collaboration include (a) accelerating collaborative research and training activities, (b) coordinating international scholars exchange and internship programs, (c) advocating disability rights through political activism, (d) encouraging student involvement in non-governmental agencies, (e) emphasizing cultural sensitivity in rehabilitation education curriculum and research activities, and (f) reviving university-based international rehabilitation programs….

Cumbrera, Marco Garrido; Harnois, Gaston; Lecomte, Jocelin; Mercier, Celine; Saxena, Shekhar (2008). WHO Atlas on Global Resources for Persons with Intellectual Disabilities 2007: Key Findings Relevant for Low- and Middle-Income Countries. Journal of Policy and Practice in Intellectual Disabilities, v5 n2 p81-88 Jun. The World Health Organization (WHO) Atlas-ID project was designed to collect, compile, and disseminate information on intellectual disabilities (ID) services and resources from across the world. This paper aims at selecting findings in the Atlas-ID that can be used as a tool for advocacy, human rights awareness, development planning, and monitoring changes regarding resources for persons with intellectual disabilities and their families in countries with the lowest levels of income in the world. After consultation with experts in the field of ID, a questionnaire and its accompanying glossary were developed. This questionnaire was completed by national respondents from 147 countries, areas, and territories that are WHO members (response rate of 74.6% corresponding to 94.6% of the world population). Cross-tabulations were calculated according to WHO region that the countries belong to as well as their levels of income. The data from the Atlas-ID allowed for documenting similarities and… [Direct]