Monthly Archives: March 2024

Bibliography: Civil Rights (Part 745 of 996)

Shiman, David A. (1999). Teaching Human Rights: A Teaching Guide for Middle and High School Educators. This curriculum guide incorporates three dimensions of human rights education: teaching about human rights, teaching against human rights violations, and teaching for the creation of a world in which all human beings are treated with justice and dignity. The book is based upon the United Nations' Universal Declaration of Human Rights (UDHR). Utilizing the rights categories suggested by the UDHR, this book fills gaps in existing human rights curricula and offers new ways of teaching human rights. Activities are presented that encourage and challenge students to make comparisons across cultures, examine their own societies, and reflect on their own lives. Examples are given from the people's Republic of China, Kenya, and the United States, as well as "generic" human rights that can be utilized regardless of the part of the world being studied. Included is a crossword puzzle, a collection of poetry, a compilation of editorial cartoons, and a variety of activities that require…

Nordin, Virginia Davis (1991). Civility on Campus: Harassment Codes vs. Free Speech. ASHE Annual Meeting Paper. In response to the resurgence of racial incidents and increased "gay-bashing" on higher education campuses in recent years, campus authorities have instituted harassment codes thereby giving rise to a conflicts with free speech. Similar conflicts and challenges to free speech have arisen recently in a municipal context such as a St. Paul ordinance applied to a cross burning incident recently upheld in the Minnesota Supreme Court. However, these conflicts with free speech on campuses also raise issues of academic freedom complicated by the traditional academic abstention doctrine. This concern for civility is not new, in particular, the Politeness Movement established by philosopher David Hume had a lasting and broad impact on academic culture. In the current debate central questions include whether free speech is really free if one side is too intimidated to speak, what the responsibility of the university is to guarantee free speech and whether there should be an…

Parker, Richard A. (1983). Free Speech in the Military: A Status Report. Two recent decisions of the United States Supreme Court have emasculated First Amendment guarantees for military personnel. In the first case, Parker v. Levy, an Army captain urged enlisted Special Forces personnel at his post to refuse to go to Viet Nam, claiming that "Special Forces personnel are liars and thieves and killers of peasants and murderers of women and children." His statements were deemed violative of Articles 133 and 134 of the Uniform Code of Military Justice, which provide punishment for conduct unbecoming an officer and a gentleman and for all disorders and neglects to the prejudice of good order and discipline in the Armed Forces. In rendering its decision, the court reasoned that the historical context and language of the General Articles of the Uniform Code provided "fair notice" that the officer's conduct was punishable. In the second case, Brown v. Glines, a serviceman drafted petitions to several congressmen complaining about grooming… [PDF]

Wright, Bruce McM. (1975). Bangs and Whimpers: Black Youth and the Courts. Freedomways, 15, 3, 178-187, Sum 75. Examination of wrongs directed at minority youth by the police and the criminal justice system reveals that little has changed with regards to the judicial system's treatment of black youth. Screening and education of officers and judges are offered as partial solutions. (Author/AM)…

Lefever, Ernest W., Ed. (1977). Morality and Foreign Policy. A Symposium on President Carter's Stance. This monograph contains a critical examination of President Carter's view on ethics and foreign policy as expressed in his commencement speech at Notre Dame University on May 22, 1977. The book is organized into three parts. Part 1 contains Mr. Carter's speech entitled, "Power for Humane Purposes." Part 2 contains nine responses to the speech: "Reflecting the Eastern Establishment" (Robert L. Bartley); "Confusing Domestic and Foreign Policy" (Ronald Berman); "Selective Invocation of Universal Values" (Jeane Kirkpatrick); "The Valor of Ignorance" (Charles Burton Marshall); "Totalitarianism–the Central Challenge" (Daniel Patrick Moynihan); "The March of Defeat" (Michael Novak); "A Lack of Ideological Roots" (John P. Roche); "Ignoring Soviet Realities" (Eugene V. Rostow); and"Ideals, Maxims, and Deeds" (Roger L. Shinn). Part 3 contains three essays which are not direct comments on the…

(1987). Constitution for the United States of America. A Secondary Level Student Text. This book was designed to provide a basis for understanding constitutional government and for participating in U.S. society. Each lesson within the book's six units contains a statement of purpose and a list of review questions: most also contain problem solving exercises. Unit One introduces students to the study of political philosophy. The students learn that the Founders were influenced by certain political philosophies, their understanding of history, and their own experiences. Unit Two gives an account of the influence of the British government upon the U.S. system. A discussion of the Magna Carta is presented. After an examination of the Declaration of Independence, students learn about the major characteristics of state constitutions and the Articles of Confederation. Unit Three includes an account of the Philadelphia Convention and the Virginia and New Jersey plans for a new national government. The students also learn about the legislative branch and the reason for the two…

Sneed, Don; Stonecipher, Harry W. (1989). Prisoner Fasting as Symbolic Speech: The Ultimate Speech-Action Test. The ultimate test of the speech-action dichotomy, as it relates to symbolic speech to be considered by the courts, may be the fasting of prison inmates who use hunger strikes to protest the conditions of their confinement or to make political statements. While hunger strikes have been utilized by prisoners for years as a means of protest, it was not until 1982 that the courts attempted to define the rights of such protestors or to sort out the countervailing state interests leading to force-feeding, the state's usual response to such dissent. The central question is: How have the courts in recent decisions balanced the expression and privacy claims of the fasting prisoner with the state's interest in suicide prevention, maintaining order and security in prisons, and the state's obligation to protect the health and welfare of persons in its custody? Recent court decisions that involve inmate hunger-strikers who claim that their fasting deserves constitutional protection as symbolic… [PDF]

Bouvard, Jacques; Bouvard, Marguerite Guzman (1975). Computerized Information and Effective Protection of Individual Rights. Society, 12, 6, 62-67, Sep-Oct 75. Discusses the making of a satisfactory national policy on the collection and dissemination of information on persons, noting that random facts about an individual when aggregated and interrelated with other facts, form a composite \data profile\ from which one can draw conclusions and make decisions: an incomplete or improperly balanced profile can have a devastating impact upon a person's life, it is stated. (Author/JM)…

Long, Norton E. (1975). Ethos and the City: The Problem of Local Legitimacy. Ethnicity, 2, 1, 43-51, Mar 75. The impact of the civil libertarian thrust and market capitalism on the critical problem of social control and the lack of a common normative order in American cities is explored with respect to the possibility of establishing a meaningfully shared ethos to ensure political viability and urban stability. (EH)…

Frazier, Arthur; Roberts, Virgil (1969). A Discourse on Black Nationalism. Amer Behav Sci, 12, 4, 50-56, 69 Mar-Apr.

(1978). Affirmative Action Cuts Segregation in Public Housing. A Report on Occupancy in 15 Municipal Authorities. Staff Report 78-9. The success of voluntary affirmative action plans adopted by public housing authorities in four Kentucky cities is documented in this report. Progress toward concerted desegregation efforts in other Kentucky cities is cited. Desegregation methods used by Kentucky municipal housing authorities are outlined and their effectiveness is illustrated. Tables depict (1) changes in predominantly black projects; (2) changes in predominantly white projects; and (3) racial occupancy in 15 Kentucky Public Housing Authorities in July 1976 and March 1978. (WI)…

Hilberman, Elaine; Russo, Nancy Felipe (1978). ERA: Psychological, Social and Ethical Implications for Psychology. The mental health implications of sex discrimination as considered by the Subpanel on the Mental Health of Women of the President's Commission of Mental Health are discussed. The status of women's mental health and the problems of women in the mental health delivery system are considered in relation to the larger societal context. Prevention of mental health problems through attention to the societal institutions and norms that reinforce women's powerlessness and second-class status is emphasized. Carefully conceived national strategies for the promotion of mental health and the prevention of mental illness are reviewed in terms of basic goals, including eradication of sexism and racism of the larger society. The devastating consequences of women's disadvantaged status are presented as a powerful argument for ERA ratification, and are considered to serve as an ethical mandate for mental health professionals to work actively for the passage of the ERA. The affirmative duty of…

Sales, M. Vance (1977). Arkansas, The Eighth Circuit Court of Appeals, and Desegregation, 1955-76. NOLPE School Law Journal, 7, 1, 21-57, 77. Presents a chronological history of school desegregation in Arkansas from 1955-1976, focusing in particular on the impact of decisions by the Eighth Circuit Court of Appeals. (JG)…

(1976). Wood v. Strickland: Objectifying the Standard of Good Faith for School Board Members in Defense to Personal Liability Under Section 1983. Loyola of Los Angeles Law Review, 10, 1, 149-91, Dec 76. The issue of immunity from personal liability was examined in this Supreme Court case. Two students expelled for possession of alcoholic beverages argued that the meeting at which the board members voted for expulsion was not conducted under the procedural safeguards mandated by the Constitution. Available from: Loyola of Los Angeles School of Law, 1440 W. Ninth St., Los Angeles, CA 90015. (LBH)…

Cull, John G.; Levinson, Kathy F. (1977). The Rights of Consumers of Rehabilitation Services. Journal of Rehabilitation, 43, 3, 29-32, Jul-Aug 77. Discusses some of the basic rights of clients in the rehabilitation process, which are divided into legal and professional rights. Topics discussed include the right to services, determining eligibility or ineligibility, the right to periodic review, all-pervasive rights (such as access to client-related material), and consumer involvement. (TA)…

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Bibliography: Civil Rights (Part 746 of 996)

Lord, Janet E. (2002). Understanding the Role of an International Convention on the Human Rights of People with Disabilities: An Analysis of the Legal, Social, and Practical Implications for Policy Makers and Disability and Human Rights Advocates in the United States. White Paper. This White Paper by the National Council on Disability urges the support and participation of American policymakers and organizations representing people with disabilities in the drafting of an international human rights treaty specifically addressing the rights of people with disabilities. Following an executive summary and an introductory section, the first section provides background information on disability law in the United States and human rights for people with disabilities within the international human rights system. The fourth section offers suggestions for addressing the human rights of people with disabilities in sections urging a paradigm shift in which "needs" become rights and discussion of universality and international human rights law. The fifth section proposes an international convention on the rights of people with disabilities with discussion of transformative participation in an international human rights treaty-making process, promoting… [PDF]

Shiman, David A. (1993). Teaching Human Rights: Grades 7 through Adult. This curriculum resource on human rights is rooted in the United Nations Universal Declaration of Human Rights and seeks to help students understand the issues involved. Using the rights categories suggested by the Universal Declaration, this book offers new ways of teaching about familiar themes. The book contains activities to encourage students to compare across cultures and to challenge them to examine their own society and to reflect on their own lives. There are generic human rights activities that can be used for any part of the world to be studied, as well as those dealing specifically with examples from Chile, the Peoples Republic of China, Kenya, South Africa, and the former Soviet Union. (EH)…

Sontag, Ed; And Others (1973). Considerations for Serving the Severely Handicapped in the Public Schools. Education and Training of the Mentally Retarded, 8, 2, 20-6, Apr 73.

Dybwad, Gunnar (1972). Basic Legal Aspects and Provision for Medical, Educational, Social and Vocational Help to the Mentally Retarded. Australian Journal of Mental Retardation, 2, 4, 97-105, Dec 72.

Gaines, Ervin J. (1970). Libraries and the Climate of Opinion. Libr Trends, 19, 1, 39-46, Jul '70. A perspective on the history of censorship to help in understanding our present circumstances. One noisy opionated citizen can upset the functioning of a school or public library. (NH)…

(1972). Student Rights and Responsibilities. Today's Education, 61, 1, 50-2, Jan 72. Article summarizes National Education Association pamphlet. As citizens, students should have full protection of Bill of Rights, due process, protection from illegal search or seizure. As clients of institution, should have substantial influence on how institutions affect their lives. Proper disciplinary procedures for minor and major infractions also outlined. (PD)…

Davidson, Kenneth M. (1976). Preferential Treatment and Equal Opportunity. Oregon Law Review, 55, 53-83, 76. Concern is with the design of appropriately limited preferential remedies. Before considering who should formulate preferences and how their use should be limited, this article examines the definition of preferential treatment, legal constraints on its use, and factors making its use permissible. (LBH)…

Troup, David P. (1975). Long Hair and the Law: A Look at Constitutional and Title VII Challenges to Public and Private Regulation of Male Grooming. Kansas Law Review, 24, 1, 143-72, F 75. Arguments that have been advanced in court by both sides of the controversy are examined, and it is concluded that male grooming regulations may effectively exclude a significant proportion of males from job opportunities or require them to alter their personal appearance for reasons probably unrelated to job performance. (LBH)…

Arons, Stephen (1977). Is Educational Choice a Civil Liberty?. Civil Liberties Review, 3, 6, 67-70, Feb-Mar 77. Reviews \Nonpublic School Aid\ (Lexington Books, 1976) in which \conservative economist and historian E. G. West has produced a plan for aid to private schools: the gradual introduction of 'user fees' to cover the cost of public school. The eventual result of this plan would be to nearly equalize the cost of public and private schooling so that any family would have a freer choice of which kind of school to attend.\ (Author/JM)…

(1976). Title VII–Sabbath Observer Discrimination–Reasonable Accommodation-Undue Hardship Standard–Establishment Clause–Reid v. Memphis Publishing Co. New York Law School Law Review, 22, 1, 143-59, 76. Reid v. Memphis Publishing Co. represents an anomaly within a developing decision-making trend that is sensitive to the Sabbath observing employee's statutory rights as well as his constitutional right to be uninhibited in the free exercise of his religion. For journal availability see HE 508 783. (LBH)…

Gupta, Meghna; Ross, Loretta J. (1998). Bringing Human Rights Home: Human Rights Education for the 21st Century. Social Education, v62 n6 p377-80 Oct. Discusses the purpose and focus of human-rights education. Traces the definition of human rights, emphasizing the role of the United Nations Declaration of Human Rights (UDHR). Compares the U.S. record on human rights against the UDHR. Suggests that human-rights education is limited, and offers ideas for improvement (DSK)…

Eide, Asbjorn (1998). The Historical Significance of the Universal Declaration. International Social Science Journal, n158 p475-97 Dec. Explains the historical significance of the Universal Declaration of Human Rights. Focuses on the initiative for the Declaration and its elaboration, the precursors to modern human rights, the foundation of the Declaration, the rights contained in the Universal Declaration, three modes of human rights analysis, and global governance and human rights. (CMK)…

Stern, Ralph D. (1994). Hate Speech: Political Correctness v. the First Amendment. Both freedom of speech and freedom from discrimination are generally accepted expressions of public policy. The application of these policies, however, leads to conflicts that pose both practical and conceptual problems. This paper presents a review of court litigation and addresses the question of how to reconcile the conflicting societal goals of free speech and freedom from discrimination, considering the limited guidance provided by courts. The following principles emerged from the review of cases: (1) Racially biased conduct, including speech, which interferes with another person's ability to benefit from or participate in the district's programs creates an unlawful racially hostile educational environment; (2) school districts have an affirmative obligation to take prompt and decisive remedial action when racially biased conduct creates a hostile educational environment; (3) the nature of the remedial action must be designed to redress the harm caused by the offensive conduct… [PDF]

Herman, Robin Ira (1983). Poverty, Minority, and Exceptionality. Educational Forum, v48 n1 p47-63 Fall. The purposes of this article are to heighten sensitivity to the needs of poor minority parents with exceptional children, to encourage the use of due process and equal protection in school programing, and to diminish the vast involvement of the courts in parent-school conflicts. (SK)…

Horvath, Michael John; And Others (1991). Special Education and the Law. This paper summarizes results of federal legislation and court litigation addressing special education issues. The first section considers cases in which rights were secured through litigation. These include rights of minority groups, rights of the mentally ill, rights of the mentally retarded, and the right to a fair classification. The second section discusses specific cases concerned with the right to education especially the Pennsylvania Association for Retarded Children versus the Commonwealth of Pennsylvania case. Litigation about aspects of Public Law 94-142, the Education for All Handicapped Children Act, is reviewed next including issues of prior legislation, specific provisions, and parent rights. Clarifications of succeeding legislation (e.g., P.L. 98-199, P.L. 99-457, and P.L. 101-476) are briefly summarized. Legislation specifically addressing vocational rehabilitation and developmental disabilities is considered next. Finally post P.L. 94-142 issues are discussed….

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