(1987). Separation of Powers. Bill of Rights in Action, v3 n3 Win. The dimensions of the separation of powers principle are explored through three lessons in the subject areas of U.S. history, U.S. government, and world history. In 1748, a French nobleman, Baron de Montesquieu, wrote a book called "The Spirit of the Laws," in which he argued that there could be no liberty when all government power was held by one person or even one group of rulers. Montesquieu described a political system that separated power into three branches of government. He believed that a government based on the "separation of powers" plan would ensure liberty by preventing the establishment of an absolute ruler like Louis XIV. The impact of absolute rule is illuminated through a short discussion of the French Huguenots' oppression during the reign of Louis XIV. The principle of separation of powers is depicted through a discussion of the Radical Republicans in Congress and the impeachment proceedings against President Andrew Johnson. The last lesson… [PDF]

Abbott, C. Michael (1969). Demonstrations, Dismissals, Due Process, and the High School: An Overview. Sch Rev, 77, 2, 128-143, 69 Jun. …

Kramer, Beth, Ed. (1974). Silent Minority. Discussed in the booklet are approaches for citizens to use in helping the silent minority–mentally retarded (MR) children and adults–attain their rights to life, liberty, and the pursuit of happiness. The MR person is described to be one of 6 million retarded Americans, to benefit from education although his ability to learn is limited, to have special needs such as speech therapy, and to be unable to protect his own interests. Discussed under the MR person's right to life are the right to be born healthy, advocacy programs, the dilemma of guardianship seen in parents' concerns for the future of their MR children, health insurance legislation, habilitation, improved institutionalization, and ways citizens can protect the life of MR persons. Discussed under the right to liberty are the trend toward normalization; considerations on institutionalization such as correct diagnosis, court procedures, prison problems, legislative reform, zoning barriers; and what the citizen can do to… [PDF]

Beeler, Kent D. (1976). Student Personnel Administration, Students and the Law in Higher Education. Journal of the NAWDAC, 39, 3, 140-142, Spr 76. The volume of student grievances and related legal issues has increased the desirability for a specialist on the student affairs staff to monitor and circulate relevant literature on court and legislative activity. This author has prepared A Bibliographic Guide that would be useful to the student affairs professional. (Author)…

Villemain, Francis T. (1976). The Significance of the Democratic Ethic for Cultural Alternatives and American Civilization. Educational Theory, 26, 1, 40-52, Win 76. Democracy is described as a desirable regulative framework for ordering the interrelations of different cultures. (GW)…

Carter, Christina E.; Davidson, Russ (1997). Human Rights on the Internet: A Select Bibliography of Web Resources. RSR: Reference Services Review, v25 n1 p51-60. Presents a cross-section of categories of Internet sites that deal with human rights issues: (1) gateway sites; (2) sites that focus on particular broad groups; (3) international organizations; (4) human rights documents; (5) regional and country sites; and (6) news services and periodicals. For each site, information on the sponsor(s), contents, language, searchability, and usefulness for research is provided. (AEF)…

Skvorecky, Josef (1990). The Hard and Stubborn Life of Vaclav Havel. American Educator: The Professional Journal of the American Federation of Teachers, v14 n1 p22-8 Spr. Profiles Czechoslovakia's new president and his country's history. Describes Havel's role in the 50-year fight against communism and the eventual triumph of democracy. Includes a timeline and excerpts from Havel's inaugural address. Instructional materials consist of classroom discussion questions, activities, and readings for teachers. (JS)…

Menon, Bhaskar P. (1989). The United Nations and Its Critics. Social Education, v53 n5 p291-94 Sep. Provides a brief history of the development of the United Nations. Identifies achievements of the United Nations in the promotion of human rights, the translation of the Universal Declaration of Human Rights into binding international covenants, and the establishment of monitoring mechanisms to ensure the protection of human rights. (KO)…

Jaschik, Scott (1994). U.S. Issues Policy on Racial Harassment. Chronicle of Higher Education, v40 n29 pA22 Mar 23. New federal Department of Education guidelines put responsibility for monitoring campus racial climate on individual colleges. The policy statement contains some elements pleasing to minority students and others attractive to civil libertarians. However, its broad definition of harassment is criticized by some. (MSE)…

(1994). Just Solutions. Update on Law-Related Education: Student Edition, n3. Written by students for students, this collection of articles contains students' perspectives on justice, fairness and equity in the lives of young people. The issue provides a vision of the future, strategies for individual involvement, and practical suggestions for initiating change. Specific issues include the rights of minors, discrimination, the role of government, and violence. The students advocate student participation in local school governance, allowing school newspapers more freedom, and increased student community service as possible solutions to community problems. (TSV)… [PDF]

Blumer, Dennis H., Ed. (1976). Legal Issues for Postsecondary Education. Briefing Papers II. This publication is intended to outline basic legal issues in key areas confronting the postsecondary education community, and to provide background information of which every college administrator should be aware. Chapter I, \Employment, Evaluation, and Retention or Nonretention of Faculty and Staff,\ discusses the legal obligations and rights of institutions of higher education as employers. Chapter II, \Security on the Campus,\ deals with the growing complexities of problems related to student unrest and the increasing incidence of crime on campus. Chapter III, \Copyright on Campus,\ summarizes some of the elements of copyright law so that administrators can be alert to potential rights and problems, and can recognize the need and appropriate time to secure the services of experienced legal counsel. Chapter IV, \Disputes Settlements–Grievance and Arbitration Procedures,\ details the objectives to be used in developing and implementing grievance procedures, frequent subjects of… [PDF]

Corbett, Jenny; Dee, Lesley (1994). Individual Rights in Further Education: Lost, Stolen, or Strayed?. British Educational Research Journal, v20 n3 p319-25. Argues that the language of entitlement and empowerment is not always matched by correspondingly equitable actions. Applies this argument to provisions for students with disabilities and learning difficulties. Fears that students with the most complex needs will no longer have access to postsecondary education. (CFR)…

Krumm, Bernita L.; Thompson, David P. (1998). Student Search and Seizure: 1998 Update. This article examines the effects of the "Acton" decision, a Supreme Court ruling that upheld random urinalysis of secondary-school students who participate in extracurricular athletics. The paper focuses on cases involving general (mass) searches, "medical assessment" searches, strip searches, and drug testing. Although the intent of the Court is to create a balance between individual rights secured by the Constitution and the need of the government to provide a safe and secure environment, the effect is a steady stream of decisions eroding students' Fourth Amendment rights (the right to be secure against unreasonable searches and seizure). The paper describes the events leading up to the "Acton" case, which involved random drug testing for student athletes, and the reasoning behind the Court's decision. It then recounts specific cases that shaped legal guidelines for various types of searches. It concludes that students' Fourth Amendment rights have…

Burcky, William D. (1976). Buckley Amendment: Focus on a Professional Dilemma. School Counselor, 23, 3, 162-164, Jan 76. Discusses pupil record keeping, student and parents' rights, and how counselors should function to safeguard those individual rights. The history behind the Buckley Amendment is also described. (EJT)…

Jackson, Barry L.; Richardson, Robert L. (1975). Legal Issues in Higher Education: A Look Toward the Future. Journal of College Student Personnel, 16, 6, 514-519, Nov 75. Campus judicial affairs administrators were asked to project the future status of 18 legal issues affecting higher education. The respondents foresaw changes in residency requirements, search and seizure, and in the legal protection afforded students attending private institutions. Entrance of due process into the territory of scholastic affairs was also anticipated. (Author)…

Fischer, Louis; Schimmel, David (1977). The Rights of Parents in the Education of their Children. This book is about the legal rights that parents have in the education of their children from kindergarten through high school. These rights are of two kinds: the rights that parents have on their own, as parents, and the rights they have as agents for their children. Currently, all the constitutional rights that apply to adults in the community also apply to young people in the public schools. The purpose of this book is to enable parents of public school students to constructively take the law into their own hands. Its aim is to provide them with the knowledge necessary to assert their rights and to bring violations to the attention of teachers, administrators and other parents so that they can help their children receive the kind of education to which they are legally entitled. Specifically, individual chapters deal with: a students' right to be treated fairly by a school disciplinary system; the First Amendment protection of freedom of speech and press; freedom of religion and…

(1978). Due Process in Special Education: A Step-by-Step Resource Manual for Hearing Officers. Intended as a resource both for Hearing Officers who must officiate at due process hearings mandated by the Education for All Handicapped Children Act to determine the educational status of handicapped children, and for those responsible for the training of such officers, the manual outlines relevant information concerning due process, including a recommended step-by-step procedure for preparing for and conducting a hearing and writing a decision. The litigation and legislation granting handicapped children the right to education is reviewed, and an overview is presented of due process, including such aspects as due process procedures for parents and children, protection in evaluation procedures, confidentiality of information, and the Least Restrictive Environment concept. The role of the Hearing Officer is reviewed, and includes the federal requirements relating to such things as the impartial hearing and hearing rights. A sample hearing decision, a master checklist of important…

Wiegers, Nancy; And Others (1976). Title IX: An Overview of the Law for Students. A Student Guide to Equal Rights: Part 2. Title IX is a Federal law prohibiting discrimination in education on the basis of sex. This booklet was written to introduce students to the Law and its implications. Topics covered include: (1) schools affected by the regulations; (2) admissions to schools; (3) entrance to courses; (4) counseling and guidance; (5) extracurricular activities; (6) athletics and competitive sports; (7) marital and parental status; (8) school rules and regulations; (9) student services and benefits; (10) financial aid; (11) curricular materials; (12) facilities; (13) employment; and (14) self-evaluation and affirmative action. Appended to the booklet is information about types of schools, a resource bibliography, and a guide to HEW regional offices. (MK)… [PDF]

Magsino, Romulo F. (1977). Student Rights in Canada: Nonsense upon Stilts?. Interchange, 8, 1-2, 52-70, 77-78. The author examines the constitutional bases of claims for student rights in Canada, presents various aspects of rights, including "option" and "welfare" rights, and suggests the embodiment of students' welfare rights and of a Bill of Rights affecting all of society, within the Canadian constitution. (MJB)…

Sacken, Donald M. (1988). Regulating Nonpublic Education: A Search for Just Law and Policy. American Journal of Education, v96 n3 p394-420 May. Reviews state policies regulating private education and home instruction that limit parental choice in education. Criticizes judicial response to parental challenges, suggesting that parental interests have been underprotected and state interests have been overprotected. Suggests reasonable bases for state intervention. (FMW)…

Flygare, Thomas (1984). Supreme Court Upholds Exclusive Role for Faculty Unions in "Meet and Confer" Sessions. Phi Delta Kappan, v65 n10 p718-19 Jun. Discusses a 1984 United States Supreme Court ruling against 20 faculty members not belonging to the Minnesota Community College Faculty Association (MCCFA) who alleged that their right to meet and confer with their employers over employment terms and conditions was violated by MCCFA representation excluding nonunion members. (JBM)…

Carter, David G. (1976). Children and Student Rights: A Legal Analysis. Urban Education, 11, 2, 185-200, Jul 76. The purpose of the paper is to discuss (chronologically) the history of student rights by analyzing and synthesizing judicial decisions and assessing the future implications the student rights' movement has for educators, noting that the landmark Supreme Court case providing judicial approval for the procedural rights of students was Gault v. Arizona (1967). (Author/JM)…

Mendez, Emilio Garcia (1998). Child Rights in Latin America: From "Irregular Situation" to Full Protection. Innocenti Essays No. 8. Since the ratification of the United Nations Convention on the Rights of the Child by all Latin American countries, many substantial national legislative reforms have been made that reflect the spirit and the letter of the new Convention. This series of essays documents the challenges faced by countries beginning the process of legislative reform, and maintains that this challenge concerns establishing a new culture as well as legislation and that it must be concerned with all children and adolescents without exception. The essays focus on experiences in Argentina, Brazil, and Uruguay and are titled as follows: (1) "Child Legislation in Latin America: Models and Trends"; (2) "Reforms of Child Policies in Latin America: The State, Non-Governmental Organizations and the Judiciary"; (3) "Child Control by Social and Penal Institutions"; and (4) "Child Rights in Brazil: Children and Violence." Contains 72 references. (KB)…

Snider, Glenn R. (1971). Human Rights: A High Priority in Teacher Education. Phi Delta Kappan, 53, 3, 172-173, Nov 71. Describes the activities of the Phi Delta Kappan Commission on Education and Human Rights and Responsibilities. (JF)…

Sendor, Benjamin (1983). When It Comes to School Drug Searches, Take This Prudent Advice: Beware of the Dog. American School Board Journal, v170 n3 p23 Mar. Discusses the Fifth U.S. Circuit Court of Appeals' rewriting of its earlier decision in "Horton v. Goose Creek Independent School District" of Baytown (Texas), involving the use of dogs in school drug and liquor searches. Compares the decision with other circuits' conflicting rulings and suggests guidelines for using dogs. (RW)…

Barham, Frank E.; Jones, Roger E. (1982). Students' Rights and the Fourth Amendment. Educational Forum, v46 n3 p357-67 Spr. Examines the fundamental points established by case law in the area of search and seizure of property of public school students. Federal and state court cases are analyzed; and a review of the literature establishes additional points of emphasis. (CT)…

Roos, Peter D. (1978). Bilingual Education: The Hispanic Response to Unequal Educational Opportunity. Law and Contemporary Problems, v42 n4 p111-40 Fall. Discusses the nature of the right to bilingual education, the nature of the program that must be provided, who is directly responsible for it, and the potential conflict between court-mandated desegregation and the support of bilingual programs. Available from Duke University Press, Box 6697 College Station, Durham, NC 27708. (Author/IRT)…

Gross, Norman (1978). Search and Privacy in the Schools. Update on Law-Related Education, v2 n2 p28-31 Spr. Questions whether school officials are justified by the Fourth Amendment in searching students and/or student lockers in public schools. Various case studies are discussed as examples to consider in deciding about responsibilities, powers, and limitations of school officials, and in determining student rights. Journal availability see: SO 507 249. (Author/DB)…

Dowling-Sendor, Benjamin (1997). A Search of Last Resort. American School Board Journal, v184 n11 p18-19 Nov. A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip searches only to prevent imminent harm. (MLF)…

Murphy-Berman, Virginia; Weisz, Victoria (1996). U.N. Convention on the Rights of the Child. Current Challenges. American Psychologist, v51 n12 p1231-33 Dec. Reviews challenges to the United Nations Convention on the Rights of the Child, adopted by the General Assembly in 1989, and ratified by 167 countries, although not the United States. The article gives an overview of six articles in this special section that explore the policy challenges the Convention poses. (SLD)…