Monthly Archives: March 2024

Bibliography: Civil Rights (Part 737 of 996)

Farrall, Kenneth N. (2009). Suspect until Proven Guilty a Problematization of State Dossier Systems via Two Case Studies: The United States and China. ProQuest LLC, Ph.D. Dissertation, University of Pennsylvania. This dissertation problematizes the "state dossier system" (SDS): the production and accumulation of personal information on citizen subjects exceeding the reasonable bounds of risk management. SDS–comprising interconnecting subsystems of records and identification–damage individual autonomy and self-determination, impacting not only human rights, but also the viability of the social system. The research, a hybrid of case-study and cross-national comparison, was guided in part by a theoretical model of four primary SDS driving forces: technology, political economy, law and public sentiment. Data sources included government documents, academic texts, investigative journalism, NGO reports and industry white papers. The primary analytical instrument was the juxtaposition of two individual cases: the U.S. and China. Research found that constraints on the extent of the U.S. SDS today may not be significantly different from China's, a system undergoing significant change amidst… [Direct]

Bechard, Amber; Brown, Randy; Gandy, S. Kay; Kruger, Darrell P.; Williams, Diane (2009). Writing a Successful Fulbright Group Projects Abroad Grant: Voices from a Journey to South Africa. Journal of Geography, v108 n4-5 p155-162. The authors share a successful Fulbright Group Projects Abroad grant award. The purpose of the grant was to enhance American educators' experience and knowledge of South Africa, in particular, and sub-Saharan Africa more generally. Toward that end, participants experienced a multifaceted view of South Africa's geographical diversity, both physical and cultural, through visiting three provinces and four major cities. Participants experienced people and places associated with reconciliation, segregation, and creolization, making comparisons with the U.S. historical experience. The program required participants to attend an orientation, participate in predeparture readings and to develop curriculum units that were shared at a national conference. (Contains 1 figure.)… [Direct]

(1995). [First Amendment.]. Update on the Courts, v3 n3 p1-13 Spr. Two articles in this instructional newsletter elucidate rulings by the United States Supreme Court, Circuit Court of Appeals, and District Courts affecting state sponsored school prayer: (1) "First Amendment Prayer Pendulum"; (2) "First Amendment. Rosenberger v University of Virginia." The newsletter provides the facts of the cases, legal precedents, arguments presented by both sides, significance of the decisions, as well as suggestions for appropriate teaching methods. Articles cover the First Amendment issues of school prayer and public funding for student religious magazines through student activities fees. Teaching strategies for examining both of these issues, including student handouts, are provided. (LH)… [PDF]

Wee, Lionel (2007). Linguistic Human Rights and Mobility. Journal of Multilingual and Multicultural Development, v28 n4 p325-338. The Linguistic Human Rights (LHRs) paradigm is motivated by the desire to combat linguistic discrimination, where speakers of discriminated languages find themselves unable to use their preferred language in society at large. However, in an increasingly globalised world where speakers may feel the need or the desire to travel across state boundaries, there is a question about the transposability of LHRs. This paper first considers the human rights discourse, and shows that problems in this discourse are inherited by and exacerbated in the LHRs paradigm, in no small part because its conception of language draws on an ideology of monolingualism. But since a world of mobile humans is one that is fundamentally plurilingual, what is therefore needed is a greater emphasis on the notion of a social language, which provides a more robust understanding of the nature of language, especially in a world where people tend to move around a lot. (Contains 18 notes.)… [Direct]

Maddrell, Avril (2007). Teaching a Contextual and Feminist History of Geography through Role Play: Women's Membership of the Royal Geographical Society (1892-1893). Journal of Geography in Higher Education, v31 n3 p393-412 Sep. Focusing on the debate around women's membership of the Royal Geographical Society (UK) 1892-1893, a role play was written using archive and secondary sources and is reproduced here as a resource. In the first instance the role play makes women visible in the late nineteenth-century geographical discourse. It also shows how institutional practices, grounded in prevailing views, excluded women from institutional recognition, but that this was both local and contested. Although place and time specific, the example provided demonstrates the value of using role plays to tackle historical issues within geography. Largely qualitative analysis of student and colleague feedback shows the importance of placing these historical issues, especially gender, in wider socioeconomic contexts and suggests that by taking this approach a time- and place-specific event allows discussion of much wider issues on the nature and practice of geography, including notions of how geographical discursive… [Direct]

Affouneh, Saida Jaser (2007). How Sustained Conflict Makes Moral Education Impossible: Some Observations from Palestine. Journal of Moral Education, v36 n3 p343-356 Sep. This article explores the impact of conflict and war on children's moral education, taking the case of Palestine as an example. It begins by giving a brief background to the emergency situation in Palestine and the impact this has on children. The second section reports research findings about the attitudes of Palestinian teachers, parents and young people towards the effects of the current conflict on children's personal development and towards the possibility of moral education while the conflict continues. The final section discusses the deeper problem of what sort of moral education is appropriate in such a context and examines specific values, such as love, hate, revenge, forgiveness, peace, anger and violence…. [Direct]

(1996). Rights and Wrongs… Update on the Courts, v4 n3 Spr. This serial issue concerns itself with several conflicts between individual rights and allegedly wrongful acts that the Supreme Court has not considered previously. The articles on these topics illuminate the constitutional issues of equal protection, due process, and freedom of expression. Specific issues addressed include: (1) equal educational opportunities for women and the merits of single sex education; (2) prisoners' rights, specifically addressing access to prison libraries; (3) voting rights, specifically the issue of whether the right to significant representation for minorities means that congressional districts may be shaped oddly (gerrymandering) so that the otherwise outnumbered minorities become majorities within them; (4) a recent labor law ruling by the Court; and (5) student rights' pertaining to school uniforms and participation in competitive sports. The document provides the facts of the cases, legal precedents, significance of the issues, as well as suggestions… [PDF]

Hyman, Ronald T. (2002). Protected Classroom Speech of Public School Teachers: Pickering and Its Progeny. The concept of academic freedom originated in situations related to higher education. Although academic freedom may apply to professors, it is far from clear how, and even why, academic freedom applies to classroom K-12 teachers. This paper treats the balancing of teacher and school district rights in suits brought by teachers who claimed that their school districts retaliated against them, thereby violating the teachers' First Amendment academic-freedom rights. Analysis starts by describing current legal aspects of teacher in-class free speech, including significant court decisions, such "Pickering versus the Board of Education,""Connick versus Myers," and "Cockrel versus Shelby County School District" ("Cockrel II," which is still awaiting trial). Courts across the country are split as to which decision they base their judgments on because each decision is based on a different interpretation of teachers' rights, engendering the use of…

Havighurst, Robert J. (1976). Individual and Group Rights in a Democracy. Society, 13, 2, 13,25-28, Jan-Feb 76. Suggests that the decade of the 1970's is experiencing an uneasy equilibrium among three sets of rights–those of the individual, of disadvantaged groups, and of social institutions designed to serve a post-industrial society. No one of these rights are said to have been chosen for preference by American society. (Author/AM)…

Rosenthal, Joel (1975). Southern Black Student Activism: Assimilation vs Nativalism. Journal of Negro Education, 44, 2, 113-129, Spr 75. An historical account of Southern Black student dissent in Black colleges in this century which focuses on the continuing conflict between the traditional forces of integration and the pull of assimilation as opposed to a more recent emphasis on black nationalism and a search for a truly black university structure. (EH)…

Spector, Malcolm (1978). The American Psychiatric Association Decision on Homosexuality. This paper describes the events leading to and the process by which the American Psychiatric Association decided that homosexuality is not itself a psychiatric disorder. This change was an amendment to the official Diagnostic and Statistical Manual of Mental Disorders. The data come from the analysis of documents and unstructured interviews. The role of gay liberation groups and of liberal factions within the American Psychiatric Association are discussed. Possible consequences of the decision are considered. (Author/MC)…

Leon, Jeffrey S. (1977). New and Old Themes in Canadian Juvenile Justice: The Origins of Delinquency Legislation and the Prospects for Recognition of Children's Rights. Interchange, 8, 1-2, 151-75, 77-78. This article provides a social-historical background to the movement for recognition of children's rights in the Canadian juvenile justice system by outlining the origins of existing juvenile delinquency legislation in Canada and presenting the philosophies and assumptions about children that were favored by early twentieth-century Canadian reformers. (MJB)…

Rentschler, Donald R. (1977). Courts and Politics: Integrating Higher Education in North Carolina. NOLPE School Law Journal, 7, 1, 1-20, 77. Examines the impact of court litigation and various political influences on the integration of post secondary schools in the United States, with particular attention to the experience of North Carolina. (JG)…

Hall, Mair; Harris, Perri (1997). Know Your Rights! Working and the Americans with Disabilities Act (ADA). This pamphlet for people with disabilities provides basic information on the provisions of the Americans with Disabilities Act (ADA) that concern protection from discrimination in employment. Using simple language, the pamphlet provides the following information: what the ADA is, who the ADA is for, who the ADA is not for, how the ADA can help the individual with a disability, definitions of terms, what is meant by "working conditions," who a "qualified worker" is, what is meant by "essential functions," what is meant by "reasonable accommodation," what is meant by "undue hardship," the individual's rights when applying for a job, the individual's rights after being hired but before starting working, the individual's rights after starting to work, ideas for reasonable accommodations, the individual's rights regarding wages and benefits, the individual's rights if fired, what to do if the individual thinks he/she is being… [PDF]

Barnhart, William J.; Biggs, Donald A. (1973). Opinions and Attitudes of Urban Citizens Concerning a Campus Disturbance and Campus Dissent. Journal of College Student Personnel, 14, 6, 521-526, Nov 73. Study results show that most citizens did not consider a week-long campus disturbance to be a legitimate form of social protest and that their attitudes toward campus dissent were related to attitudes toward campus freedom of expression and beliefs about campus life. (Author)…

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Bibliography: Civil Rights (Part 738 of 996)

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)…

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