Zirkel, Perry A. (2004). Courtside: Lesson Lost?. Phi Delta Kappan, v85 n7 p558 Mar. In this month's Courtside, the author will stray somewhat from his usual format of describing a single case. Instead, he will be presenting the details of two separate cases, both of which involve similar circumstances, rely on similar legal arguments, and have similar outcomes. Most important, both appear to carry the same lesson. The lessons relate to the first amendment of expression and the fourteenth amendment of procedural due process. (Contains 5 notes.)…

Pereira, Carolyn; Singleton, Laurel (2005). Civil Conversations Using Primary Documents. Social Education, v69 n7 p405 Nov-Dec. Primary source documents can be a key element in conversation and deliberation. They lend authenticity to student consideration of issues facing people's democracy and stimulate student interest. In addition, conversation about a primary document leads to a much deeper understanding of that document and can raise authentic questions for further exploration. In this article, the authors examine one way of using primary sources to prompt discourse: employing such sources as texts in a discussion model for civil conversation. They begin by looking at a civil conversation using the Preamble of the Constitution as a text and then consider how teachers might select other documents that would be excellent texts for discussion, analyzing several examples….

Steward, Doug (2003). Working toward Equality. Academe, v89 n4 p29-33 Jul-Aug. Significant obstacles stand in the way of analyzing the integration of gay, lesbian, bisexual, and transgendered (GLBT) faculty members into the U.S. professoriate. Whereas the National Center for Education Statistics, the U.S. Census Bureau, and other agencies collect voluminous, valuable data on race, gender, and ethnicity, few data exist for the GLBT community. Indeed, the Human Rights Campaign, an advocacy group that works to increase public understanding of GLBT issues, cautions on its Web site that the data it collects on university and governmental positions \represent its best efforts to track laws and policies that relate to sexual orientation and gender identity. Because of the proprietary nature of human-resource information, and because no centralized place exists where laws and policies must be reported, some entities that have inclusive policies for lesbian, gay, bisexual, and transgendered Americans may not appear [in the data].\ Although the Human Rights Campaign… [Direct]

O'Malley, Brendan (2007). Education under Attack: A Global Study on Targeted Political and Military Violence against Staff, Students, Teachers, Union and Government Officials, and Institutions. United Nations Educational, Scientific and Cultural Organization (UNESCO) This report details how political and military violence targeting educational systems is depriving a growing number of children of the right to education. This study focuses on targeted violent attacks, carried out for political, military, ideological, sectarian, ethnic or religious reasons, against students, teachers, academics, education trade unionists, education officials and all those who work in or for education institutions such as schools, colleges and universities. It also includes attacks on educational buildings, such as the firebombing of schools. It urges the international community to address the issue of violent attacks, press for an end to impunity for such attacks and extend the application of human rights instruments to cover violence against education. It recommends the establishment of a publicly accessible global database to facilitate the examination of trends in the scale, nature and targeting of attacks as well as qualitative research into their motives. It… [PDF]

Beck, Laura; Engiles, Anita; Moses, Philip; Peter, Marshall; Reiman, John; Zeller, Dick (2007). Initial Review of Research Literature on Appropriate Dispute Resolution (ADR) in Special Education. Consortium for Appropriate Dispute Resolution in Special Education (CADRE) This article describes a literature search process employed to identify research in Appropriate Dispute Resolution (ADR) and special education, organizes some initial search results, briefly summarizes them, and raises important questions for the purpose of generating a future research agenda. The authors hope that this examination of literature at the nexus of special education and ADR provides a springboard for future investigations in service of children with disabilities, their families, and the professionals who work with them…. [PDF]

Bateman, David F. (2007). Compensatory Education: Case Study. TEACHING Exceptional Children, v39 n6 p62-64 Jul-Aug. Anna is a 13-year-old student who has a learning disability and is eligible for special education and related services. Anna's parents enrolled her in the Private Academy for fifth grade; her frustration, inappropriate behaviors, and inattention had increased during fourth grade. In its year-end report, the Private Academy described Anna's functioning levels fairly positively, although the school also indicated she had struggled in fifth grade and required extra attention. The Private Academy recommended continuation of the program she had been receiving, and described her as a lethargic learner. The District developed an individualized education program (IEP) for Anna and recommended a classroom for students with learning disabilities in a District elementary school; the parents rejected this program and requested a due process hearing, seeking tuition reimbursement for private school, as well as for a program to remediate her. In this case, Anna's IEP was judged as to its… [Direct]

Bateman, David F. (2007). Due Process Hearing Case Study. TEACHING Exceptional Children, v40 n2 p65-67 Nov-Dec. "Kevin" is a 16-year-old student identified by an unnamed School District ("the District") as a student with a learning disability; he is also eligible for a Section 504 plan as a student with ADHD. He currently attends his local high school. He and his friends were in the hall of his high school when Kevin, on a dare from his friends, dropped his pants and "mooned" some other students. His science teacher happened to walk around the corner at that very moment, and implored him to pull up his pants. He later said he did not hear the science teacher because of the other students' noise; the science teacher believed Kevin intentionally was not following directions, and kept his pants down to offend her. As a result, Kevin was suspended for 10 school days. In contemplation of possibly removing him for additional days, the District convened a manifestation determination meeting wherein they found that his actions were not a manifestation of his specific… [Direct]

La Noue, George R. (2007). Judicial Splits: The Supreme Court's New Message for Education. Academic Questions, v20 n4 p295-306 Dec. When the Supreme Court pronounces on race and education it makes headlines. On 28 June 2007 the Supreme Court revealed its long-anticipated decisions on \Parents Involved in Community Schools v. Seattle School District No. 1 and \Meredith v. Jefferson County,\ proving that maneuvering the minefield of America's race relations is just as difficult and divisive as it has ever been. In this carefully constructed essay, George R. La Noue examines the details of these cases and the implications of their decisions on K-12 and higher education. The future role of race in admissions, scholarships, hiring, classes, housing, recruiting, and contracting are all discussed. Facts may be stubborn things, but for some justices constitutional law seems to be infinitely malleable. Divisions in the Supreme Court place increased importance on state constitutional initiatives. Professor La Noue warns that from a political standpoint, Americans need to reaffirm our core value that individuals have the… [Direct]

Pun, Shuk-han (2007). Cultivating Citizenship: Paradox and Possibility in a Multicultural Society. Education, Knowledge & Economy: A Journal for Education and Social Enterprise, v1 n2 p211-228 Jun. This paper re-conceptualizes the relationship between the citizens and the state in view of praxes, dilemmas and contradictions found in modern multicultural societies. The new concept of citizenship is construed through a joint project for the state and human service professionals designated as organic intellectuals within a Gramscian framework in cultivating citizenship in a multicultural society. Citizenship is possible if it is to be pursued as rationality and ideology by state efforts, citizenship education through practice and a civic culture created through reflective professionalism. As differences are no longer found threatening or threatened, a sense of common citizenship can help enhance the capacity of individuals, social groups and society as a whole to meet challenges posed by globalization in enhancing human welfare and social justice within and across the boundaries of modern states…. [Direct]

Triandis, Harry C. (1975). Research Directions Suggested by the A.C.L.U. Journal of Social Issues, 31, 2, 165-182, Spr 75. Translates questions submitted by Alan Reitman, Associate Executive Director of the American Civil Liberties Union which the practitioners of civil liberties would like behavioral scientists to answer into researchable topics. Reviews some of the literature relevant to each, and suggests the kinds of studies needed to provide some answers. (Author/JM)…

Semonche, John E., Ed. (1985). Religion and Law in American History. Church, State and the First Amendment: A North Carolina Dialogue. This two-part anthology contains a series of background readings on church-state issues designed to provide primary materials through which North Carolinians can better understand the religion clauses of the First Amendment. Part 1 gives historical and philosophical background in four chapters: (1) \God's Country: Perception or Presumption?\; (2) \Near the Beginning: Should God's Realm Be Separated from Man's?\; (3) \The Rights of Man and Other Bases for Religious Liberty: A Practical Accommodation or a Moral Imperative?\; and (4) \The Constitutional Foundation: What Did the Religious Clauses Mean?\ Part 2 describes the legal experience in four chapters numbered sequentially from part 1: (5) \The Basic Cases: What Limits Do the Religion Clauses Place Upon the States?\; (6) \Free Exercise of Religion: How Much Room Should Government Allow?\; (7) \School Prayer and Financial Assistance: What Tends To Establish Religion?\; and (8) \Historical Exceptions: Does Custom Equal… [PDF]

(1987). Multiculturalism: Being Canadian. This booklet introduces Canada's Multiculturalism Act which provides for a new government-wide commitment to the principles and policy objectives of multiculturalism. As an essential component of the Canadian identity, multiculturalism has been fundamental to nation building and has allowed Canadians to enjoy the benefits of life in a culturally and racially diverse society. The history of immigration to Canada is reviewed in words and photographs. The aboriginal peoples of the nation are recognized. Canada's involvement with human rights, cultural equity, and bilingualism are traced. Suggestions are given for carrying out the principles and policies of the new Multiculturalism Act in public and private sectors of Canadian endeavors. The text is provided in English and in French. (VM)…

Newmann, Fred M. (1967). Religious Freedom: Minority Faiths and Majority Rule. Public Issues Series/Harvard Social Studies Project. See TE 499 864, above….

Culver, David M. (1987). Shays' Rebellion and the Issue of Liberty and Power in a Free Society. New England Social Studies Bulletin, v44 n2 p8-13 Win. Recounts the political, economic, social, and governmental situations surrounding Shays' Rebellion, the 1786 farmer's uprising in Massachusetts which, among other things, demonstrated the need for a stronger federal government. Concludes with contemporary analogies and the statement that, in a free society, the conflict between the legitimate demands of government and individual rights is inevitable. (JDH)…

Allen, Terry Y. (1987). Shays' Rebellion and an Unsettling View of History. New England Social Studies Bulletin, v44 n2 p14-18 Win. Reports on the work of Amherst College historian Robert A. Gross, a leading expert on the topic of Shays' Rebellion. Includes a collection of insights Dr. Gross has developed concerning the rebellion's meaning and its impact on the United States Constitution. (JDH)…

Irons, Peter; Masugi, Ken (1986). Japanese Americans During World War II. New Perspectives, v18 n1 p2-13 Win-Spr. The arguments in favor of and against monetary redress for survivors of America's wartime internment camps are presented. Pro-redress arguments emphasize the injustices done the victims. Anti-redress arguments focus on the duties for citizenship and the reasonable actions politicians might have concluded were necessary to win the war. (PS)…

Sauers, Lawrence; And Others (1980). Affirmative Action and Human Rights. Journal of Intergroup Relations, v8 n2 p26-48 Sum. Summarizes a background paper presented and discussion held on affirmative action at a 1978 conference for human rights professionals. Paper focuses on litigation relating to jobs and educational opportunity in the United States, while discussion considers affirmative action in Canada and Western Europe. (GC)…

Murphey, Carol E. (1998). Celebrating Human Rights: The 50th Anniversary of the U.N. Declaration. Social Studies Review, v38 n1 p90-92 Fall-Win. Responds to the 50th anniversary of the United Nations' Universal Declaration of Human Rights (UDHR) by arguing that elementary school is an appropriate place to begin teaching about human rights. Outlines the rights enumerated in the UDHR, provides related activities for primary and intermediate grades, and suggests related Web sites. (DSK)…

FRANKLIN, JOHN HOPE (1965). THE TWO WORLDS OF RACE–A HISTORICAL VIEW. NEGRO SLAVERY WAS DEEPLY ENTRENCHED BY THE TIME OF THE REVOLUTIONARY WAR AND THE "PLACE" OF THE NEGRO CLEARLY DEFINED IN THE EARLY DAYS OF THE REPUBLIC. EVEN THE MORE LIBERAL NORTHERNERS FELT THAT NEGROES SHOULD BE ISOLATED FROM THE MAINSTREAM, I.E., IN SEPARATE SCHOOLS WHICH TAUGHT VOCATIONAL SUBJECTS, WHILE SOUTHERNERS PROPOSED COLONIZATION SCHEMES (REPATRIATION) AS A MEANS OF SEPARATING THE RACES. BY THE TIME OF THE CIVIL WAR THE NEGRO WAS WIDELY HELD TO BE DIFFERENT AND INFERIOR. DURING THE WAR AND THE RECONSTRUCTION ERAS THERE WERE NO MEANINGFUL STRIDES TOWARD ELIMINATING RACIAL BARRIERS, AND IN THE FOLLOWING DECADES THE SOUTH BEGAN TO LEGISLATE INEQUALITY AND SEGREGATION BY STATUTE. CONSEQUENTLY, NEGROES DEVELOPED THEIR OWN NEWSPAPERS, CHURCHES, AND ORGANIZATIONS. THE PERIOD FOLLOWING WORLD WAR I WAS ONE IN WHICH RACISM WAS MAINTAINED–DESPITE THE CHANGES DURING THE 1930'S–AND NOT UNTIL THE POST-WORLD WAR II PERIOD WERE EFFORTS MADE TO ATTACK EXISTING RACIAL…

Stetson, Dorothy M. (1977). The Limits of Movement Politics: The Case of British Feminism. Analysis of the British feminist movement from 1850 to 1975 reveals a constant struggle by feminists for equality in the face of legal and social restrictions and a corresponding lack of response by the British government to movement demands. The political organization of the feminist movement is described in four phases. During the first phase, from 1855-1900, feminists were ignored by British political parties. Feminists formed informal societies to deal with education, equal moral standards, sufferage, and employment. The efforts of women activists during the second phase (from 1890-1918) were largely directed toward obtaining votes and jobs for women. During this phase, the Labour party endorsed equal political rights for women, and the National Union of Women's Sufferage Societies and the Womens Social and Political Union replaced the informal societies of the 19th century. During the third phase, which began in 1918, feminists dealt with legal and political rights. However,…

Vergon, Charles B.; Williams, Junious (1974). Student Rights and Responsibilities. A Legal-Educational Bibliography. To foster a better understanding of student rights and responsibilities among school personnel and students and to develop understanding that will contribute to the realization of an equal educational opportunity for all students, this bibliography presents a representative sampling of legal, educational, and general education materials. Its 22 major categories include due process, corporal punishment, compulsory attendance, special education, student records, police in schools, searches, pregnant students, married students, tracking, free education, publication and distribution of literature, symbolic expression, dress and grooming, student demonstrations, religious and patriotic gestures, freedom of association, freedom of speech, academic freedom, arbitrary rules, discrimination in extra-curricular activities, and outside speakers, visitors, and use of school facilities. (Author/DW)… [PDF]

Branson, Margaret Stimmann (1996). The Human Rights Challenge. World reaction to the 1995 release from house arrest of Aung San Suu Kyi, leader and founder of the major opposition party in Burma (now Myanmar), indicates significant change in international relations, specifically in the international political system. The total sovereign states today (249) have increased, as have system "rules" relating to human rights. The concept of human rights was introduced in the 17th century; until World War II, citizens' liberties were considered the bailiwick only of their respective nations; no nation was to interfere with another's administration of rights. The United Nations (UN), created in 1945, was the first manifestation of the idea that a nation's treatment of its citizens should concern the rest of the world. The original member states agreed that "human rights and fundamental freedoms" should be a high priority. The UN, regional human rights regimes, and nongovernmental organizations primarily have been responsible for… [PDF]

Brown, Wesley, Ed. (1996). The Teachers & Writers Guide to Frederick Douglass. First Edition. The 12 essays in this book provide a variety of ways to get students engaged and inspired by the "Narrative of the Life of Frederick Douglass, An American Slave" (1845). Most of the essays emphasize writing as a means for students to learn about Douglass, his times, and his legacy, as well as implications for the students themselves. Essays include: (1) "Knowledge Is Power" (Lorenzo Thomas); (2) "From the Heroic to the Personal" (Margot Fortunato Galt); (3) "Narrative of the Life of English 3B" (Marvin Hoffman); (4) "What Frederick Douglass Doing in a Place Like This?" (Douglas Day); (5) "Frederick Douglass" (Opal Palmer Adisa); (6) "Frederick Douglass and Elie Wiesel" (Peter E. Murphy); (7) "Going to See Frederick Douglass" (Martin Haber); (8) "Using Douglass"Narrative' as Motivation for Student Writing" (Charles Kuner); (9) "A 'Kindred' Assignment" (Joyce Dyer); (10)…

Mueller, Jean West; Schamel, Wynell Burroughs (1989). Reconstruction, the Fourteenth Amendment, and Personal Liberties. OAH Magazine of History, v4 n1 p60-66 Win. Provides a lesson plan for focusing on the legal struggle to secure personal liberties during the age of Reconstruction. Analyzes the Fourteenth Amendment and a petition from the citizens of Cleveland, Tennessee, in order to identify the methods of change at the federal level and the limitations of such action. (KO)…

Flowers, Nancy (1998). The Universal Declaration of Human Rights: 50 Years Old but Still Coming of Age. Update on Law-Related Education, v22 n3 p6-11 Fall. Highlights the events of the past 50 years concerning the Universal Declaration of Human Rights that is the first document in human history to codify rights that apply to every person regardless of citizenship in a particular country. Explains why the United States does not comprehend the value of the declaration. (CMK)…

(1998). Juvenile Justice – Decline Hearing: Judges in the Classroom, Secondary School Lesson. This lesson plan for grades 9-12 uses a videotape to examine the difference between the adult and juvenile justice systems. The lesson plan presents objectives, lists materials needed, and details classroom procedures. It also provides a handout on the differences between juveniles and adults before the law and offers information on "The Kent Criteria." (BT)…

Delgado, Richard (1974). College Searches and Seizures: Students, Privacy, and the Fourth Amendment. Hastings Law Journal, 26, 1, 57-88, Sep 74. Judicial handling of Fourth Amendment issues arising from warrantless searches of college students' housing has concentrated on the status of the student. The author points out the defects in the status theories which have been used to justify relaxed standards of protection for college students. (Editor)…

(1986). Electoral Law: Documents on Politics and Society in the Federal Republic of Germany. Free elections are one of the fundamental principles of any parliamentary democracy. The constitution of the Federal Republic of Germany, the Basic Law, stipulates in its article 20(2) that "all state authority emanates from the people" who exercise that authority "by means of elections and referendums and through special legislative, executive and judicial organs." These principles are irrevocable. This booklet includes the text of the Electoral Law of the Federal Republic of Germany enacted on May 7, 1956 and material about the electoral system, electoral bodies, franchise and eligibility, preparations for elections, the polls, establishment of the election results, special regulations for by-elections and repeat elections, attaining and losing membership in the German Bundestag, and final provisions. (BZ)…

Citron, Christiane (1982). The Rights of Handicapped Students. The monograph reviews legal principles derived from state and federal statutes, constitutions, and court cases (table listing over 350 cases is included) regarding the education of handicapped children. Following an executive summary, an introduction explains the scope of the booklet and lists the major sources of the rights of handicapped students. In subsequent sections, the following topics are addressed: substantative rights (federal constitutional sources, a free appropriate public education, individualized education programs, related services, the least restrictive environment, costs, sports, and access); procedural rights (informal dispute resolution, prior notice, evaluation procedure, and special considerations in discipline); and remedies (fund withholding, individual lawsuits). A concluding chapter summarizes common themes in special education laws, briefly recounts the impact of P.L. 94-142 on state governments, and notes the existence of state special education statutes…

(1976). [Report from the Student Press Law Center.]. The Student Press Law Center serves as a national clearinghouse to collect, analyze, and distribute information on the First Amendment rights of student journalists and journalism teachers and on violations of these rights in high schools and colleges. This report details information concerning current censorship incidents: the investigation by the United States Post Office of the Bennett Publishing Company, charges of censorship brought by an Illinois school-district publications adviser, various violations of First Amendment rights in the Maryland public schools, and similar occurrences in Ohio and Wisconsin high schools. At the college level, topics discussed include the dismissal of an editor from the University of the Pacific (California), protest by members of the United Farm Workers against Gallo wine advertisements run in the California college press, the adoption of an open-meetings policy in Illinois, and conflicts in Michigan, Mississippi, New Jersey, Ohio, and Tennessee…