(1977). The Regents of the University of California, Petitioner, vs. Allan Bakke, Respondent. On Writ of Certiorari to the Supreme Court of California. The main question of this case is whether Allan Bakke was denied the equal protection of the laws in contravention of the 14th Amendment, solely because of his race, as the result of a racial quota admission policy. A statement of the case which reviews pertinent data such as the admission procedure of the medical school, Bakke's interview and rating, the special admission program, the proceedings in the trial court and an appeal are given. It is concluded that the special admission program violated Bakke's right to the equal protection of the law. The medical school's quota was said to up root individual constitutional freedoms and replace them with a destructive system of group rights. Furthermore, the court makes a distinction between quotas and the concept of affirmative action. It is concluded that Bakke's personal right to equal protection was violated. The California Supreme Court correctly decided this case when it considered this action to be a case of racial…

McGuire, John F. (1974). The NCAA–Institution Under Constitutional Seige. Journal of College and University Law, 2, 2, 175-91, Win 74/75. Notes the increasing frequency of judicial attacks on the National Collegiate Athletic Association (NCAA) for enforcing its student-athlete eligibility rules and analyzes the elements required for action: showing that the claimant has been deprived of a constitutionally protected right and that the defendent acted under the color of state law. (JT)…

Mayer, Goetz; Pearson, James C. (1975). Social Control in the Treatment of Adolescents in Residential Care: A Dilemma. Child Welfare, 54, 4, 246-256, Apr 75. Discusses the complex problems concerning the rights of the incarcerated adolescent to control his own mind and body versus the rights of others and the requisites of effective treatment as defined by the clinician. (Author/SDH)…

Limon, Jose E. (1974). El Primer Congreso Mexicanista de 1911: A Precursor to Contemporary Chicanismo. Aztlan, 5, 1-2, 85-117, Spr-F 74. The article argues that many of the major themes which define the "supposedly new" ideology of Chicanismo were anticipated by El Primer Congreso Mexicanista, a political conference held in Laredo, Texas on September 14-22, 1911. Five of the discussions presented at the conference are appended. (NQ)…

McGhehey, M. A. (1969). The Rights of Children: Why a Child's Right to Privacy May Soon Be a Barrier to Boards. Amer Sch Board J, 156, 12, 9,15,16, 69 Jun. …

Fitzgerald, Laurine E.; Sherburne, Paul R. (Ed.) (1969). Student Protest Groups. J Nat Assn Women Deans Counselors, 32, 2, 87-89, 69 W. A more complete version of this panel discussion was published in the Michigan State University Orient, Spring-Summer issue 1968….

(1977). Resource Manual: Impartial Hearing Officers. The document presents a resource manual for impartial hearing officers in the State of Maryland, who will preside at special education hearings as mandated by the Education for All Handicapped Children Act (P.L. 94-142). A copy of P.L. 94-142 is provided, along with the Buckley Amendment and the August 23 and May 4, 1977 issues of the Federal Register (covering implementation of Part B of the Education of the Handicapped Act, and programs and activities receiving or benefiting from Federal financial assistance). Those sections of Maryland State law related to special education hearings are provided, along with the Maryland Association for Retarded Children decree, the Report of the Governor's Commission on Funding the Education of Handicapped Children–Phase II, and joint statements from the Maryland Department of Health and Mental Hygiene and the Maryland State Department of Education. Maryland Special Education Bylaw 13.04.01 is also included. The nature of services offered to…

Geadelmann, Patricia L.; And Others (1977). Equality in Sport for Women. The subject of equal rights and opportunities for women in the field of physical education is discussed in nine articles. The major emphasis is on the legal aspects of sex discrimination. Defining equality, knowing the laws regarding enforcement, understanding the court procedures, and realizing the avenues for change are the essential tools addressed in this book. Appended are summaries of state and federal laws dealing with sex discrimination, samples of complaint forms that may be used to enforce compliance with existing laws, and lists of organizations actively engaged in affirmative action. (JD)… [PDF]

Riley, David P.; And Others (1978). National Incentives in Special Education: A History of Legislative and Court Action. The booklet provides a history of the legislative and court action in the area of special education. The National Defense Education Act of 1958 and the Secondary Education Act of 1965 are cited as two legislative milestones in education. Federal involvement in special education is discussed including the acts assisting the handicapped, gifted, and preschoolers. Numerous court cases are explored with emphasis on the historic Brown versus the Board of Education of Topeka and the decisions on due process rights. State legislative actions are also examined and the background of Public Law 94-142 is summarized. (PHR)…

ROSE, PETER I. (1962). RESEARCH BULLETIN ON INTERGROUP RELATIONS. IN APRIL 1961, QUESTIONNAIRES WERE MAILED TO MEMBERS OF MANY ACADEMIC AND PROFESSIONAL ORGANIZATIONS TO DISCOVER RESEARCH IN THE FIELD OF INTERGROUP RELATIONS. APPROXIMATELY 200 PERSONS WROTE OF RESEARCH UNDERTAKEN. ABSTRACTS OF THE REPORTED RESEARCH ARE PRESENTED UNDER ONE OF THREE HEADINGS–COMPLETED, CURRENT, AND PLANNED. COMPLETED AND CURRENT STUDIES IN THE GENERAL AREA OF PREJUDICE AND DISCRIMINATION INCLUDE–MEASUREMENT OF STEREOTYPING, EMOTION IN PREJUDICE, EVALUATIONAL REACTIONS TO ACCEPTED-ENGLISH SPEECH, MINORITY GROUP IDENTIFICATION, PROPAGANDA EFFECTS ON THE PREJUDICED PERSONALITY, THE FUNCTIONS OF STEREOTYPES IN BEHAVIOR, RACE AWARENESS AMONG PREADOLESCENT BOYS, RACIAL ETHNOCENTRISM, AND NEGROES WHO ARE PREJUDICED TOWARD CATHOLICS, PROTESTANTS AND JEWS. AMONG THE MORE SPECIFIC STUDIES IN RACIAL, RELIGIOUS, AND ETHNIC RELATIONS ARE SUCH STUDIES AS ASSIMILATION OF THE SPOKANE INDIANS, JEWISH-GENTILE COURTSHIP, THE JEWS OF MIDDLETOWN, REACTIONS TO TEMPLE BOMBING, THE…

Darsey, James (1977). Escalation of Agitative Rhetoric: A Case Study of Mattachine Midwest, 1967-1970. This paper examines the adequacy of Bowers and Ochs' theory of social movements as applied to the escalating agitative strategies of a dissident group, the homosexual-rights organization Mattachine Midwest. The group's activities are described chronologically, in terms of the strategies employed: petition, promulgation, polarization, solidification, politicization, coalition, nonviolent resistance, and escalation/confrontation. This sequence is compared to the Bowers and Ochs schema, which is found to remain largely intact. Two of the strategies, politicization and coalition, were not part of the original schema. Limitations and advantages of the Bowers and Ochs' approach are discussed in the light of the results of the case study. (AA)… [PDF]

Coles, Ann S. (1978). Racism: The Evolution of a Concept. Many people have attempted to define exactly what racism is and what causes it. While there is no commonly accepted definition, there is agreement with regard to the facts that (1) no scientific evidence has been found to support the belief that race determines the history and culture of a people; (2) racism is a learned behavior; (3) definitions of racism which do not include a study of socioeconomic factors are confusing; and (4) racism is an instituional, problem. To understand racism in America, one must study the history of the development of racist thinking, beginning with slave codes passed in the 17th century through the 19th century, the notion of \race suicide\ (genetic inferiority), the erosion of the Reconstruction Period rights given to blacks, up through the inequalities of the 1950s and 1960s. Even with all the recently enacted legislation and institutional policy changes, racism, overt and covert, is still a significant factor in American society. The question of…

Young, D. Parker (1975). Higher Education Law: Current Developments and Issues. During the past dozen years administrators in higher education have been faced with student action that took the form of protest and that many times became violent. Student action is somewhat quieter now and the battleground has shifted largely from the campus to the courtroom. Both procedural and substantive due process are recognized by the courts as rights applicable to the college setting. Students have also pressed for and received recognition that the First Amendment freedoms of speech and expression apply to them. The guidelines included here are offered to help institutions meet the standards of the courts and of applicable legal statutes. The guidelines cover the implications of the new age of majority, the actions students have taken against student activity fees, and the implications of federal legislation, notably Title IX of the Education Amendments of 1972 and the General Education Provisions Act (with the \Buckley Amendment\). (Author/IRT)…

Lentczner, Joan (1975). Struggle in Press Freedom. This paper is a personalized account of one high school journalism faculty advisor's dismissal from her teaching position because she allowed students to publish a series on sex related problems in the high school newspaper. Following a background statement about the case now pending in court, the events leading up to the firing of the teacher are presented by the plaintiff. The remainder of the document consists of the five-part series on sex problems as it was published in the high school newspaper. (RB)… [PDF]

(1966). Academic Freedom, Academic Responsibility, Academic Due Process in Institutions of Higher Learning. Revised Edition. This pamphlet presents a statement of principles by the American Civil Liberties Union concerning the civil liberties and obligations of teachers and desirable procedures involving academic freedom in public and private colleges and universities. Academic freedom and responsibility of teachers embraces two distinct areas: (1) the conduct of a teacher apart from specifically professional responsibilities and (2) his conduct in teaching and other activities directly related to professional responsibilities. Included in the pamphlet are the procedures to be taken with the Civil Liberties Union when a professor feels that his academic freedom in either one of these areas has been infringed upon. (HS)… [PDF]

(1969). Rules of Procedure for Investigation. Among the functions of the Commission on Professional Rights and Responsibilities of the NEA is the investigation of cases of alleged unethical conduct by members of the teaching profession. The rules of procedure for investigations presented in this document are intended to assure all parties in a conflict of their individual rights of procedural fair process. Specific procedural guidelines including commission and participant responsibilities are listed for the following major types of investigations conducted by the commission: (1) Class I-Formal Investigation, (2) Class II-Special Studies, and (3) Class III-Staff Inquiry (ethics cases). (JH)… [PDF]

White, Gloria W. (1974). Affirmative Action Programs in Small Institutions. This speech discusses background information concerning Affirmative Action programs and the implementation of such a program at Washington University. Emphasis is placed on the development and implementation of a comprehensive Affirmative Action Plan, problem areas, and prognosis for the future. A copy of Washington University's Affirmative Action Program is included. (MJM)… [PDF]

(1974). Meeting the Need for Human Development. The Los Angeles Community College District needs to develop a written plan for affirmative action and staff development. This report proposes the content of a plan, discusses pertinent legislation, and recommends actions that the district should immediately undertake. It is specifically proposed that the district established an Office of Human Development to administer the plan. In meeting the needs for Affirmative action this office will: establish liaison between faculty, staff and community groups; review the district's personnel procedures; compile district and area statistics for the utilization study required in the plan; and review the admissions and instructional practices. To meet the staff development needs, the office will: organize and coordinate staff development committees; inform all employees of the goals and opportunities for skill training, career and personal development; develop and maintain a staff development resource file; plan, publicize and implement… [PDF]

Kopita, Ronald R., Comp.; Shill, Karen (1973). Searchlight: Relevant Resources in High Interest Areas. 9U Update Search. Confidentiality. This updated search covers the ethics involved in student recordkeeping and privileged information, together with recent legal decisions in this area affecting the counselor. Abstracts of 7 documents are retrieved from the ERIC system and \Dissertation Abstracts\. (SD)… [PDF]

Cole, Nancy S. (1972). Bias in Selection. Possible bias in selection procedures used for employment and college admissions is of great social and educational importance. However, there are many different definitions of what constitutes bias, with each definition based on different values and with different implications for how selection should be accomplished. A number of these definitions of bias and their implications are examined in this document, and a new model of fairness based on equal opportunity for potentially successful applicants is presented. The equal opportunity model is suggested as an intuitively appealing and socially desirable model for use in many selection situations. (Author/HS)… [PDF]

Gonzalez, Nancie L. (1970). Positive and Negative Effects of Chicano Militancy on the Education of the Mexican American. Types of organizations (e.g., conservative, militant, those furthering a specific cause, youth organizations, or social club organizations) involved in Chicano movements operating in the 5 southwestern states and other areas with large numbers of Mexican Americans are described in this paper. Such organizations as the League of United Latin American Citizens, the Alianza Hispano-Americana, the Southwest Council of La Raza, the League of United Citizens to Help Addicts, and the Chicano Welfare Rights Organization are examined in terms of the possibilities of their philosophies or activism affecting education either on a short-term or long-term basis. Additionally, the relationship between the kinds of demands made by the older Spanish-speaking activists and those of today's Chicanos is considered. It is recommended that further research be done on topics such as the various Chicano organizations, the interrelationship between Chicano militancy and other protest movements of the past… [PDF]

Hardaway, Charles W. (1971). The Status of Women on the Faculty of Indiana State University. In recent years the role and status of women in the various professions has become a topic of much concern. Claims of unequal opportunities, discrimination, and abuse have been made, and data have been presented by numerous groups to illustrate that some of the claims of discrimination are well-founded. The purpose of this report is to present factual data as they pertain to the status of women on the faculty at Indiana State University. Such information should disclose evidences of discrimination either in employment practices or in the conditions of employment. The data are presented in tabular form in which comparisons between male and female faculty are shown. In some instances where national data or other pertinent statistics are available, further comparisons are made…. [PDF]

Fontham, Michael R. (1978). Legalization of Employment Discrimination against White Males. Journal of Intergroup Relations, v6 n4 p30-39 Dec. The intervention of government to require speeial treatment of designated groups on the basis of race, color, or sex is inconsistent with principles of equal treatment under American law. Regardless of past discrimination against certain classes, governmental determination to favor them at the expense of White males is not justified. (Author/WI)…

Sloan, Allan (1978). An Analysis of Uniform Guidelines in Employee Selection Procedures. Employee Relations Law Journal, v4 n3 p346-56 Win 1978-79. Article points out that while new federal Uniform Guidelines on Employee Selection Procedures, which became effective September 25, 1978, attempt to clarify two conflicting sets of rules, they also impose new burdens on public and private employers. Available from Executive Enterprise Publications Co., Inc., 10 Columbus Circle, New York, New York 10019; $48.00 annually. (Author/PKP)…

Herberg, Edward N. (1978). Fighting Racial Discrimination in Toronto: The Urban Alliance on Race Relations. Multiculturalism, v2 n1 p20-23. The Urban Alliance on Race Relations was started in May 1975 to counteract incresing discrimination against visible minorities in Toronto. The activity of the Urban Alliance centers on projects oriented toward different aspects of discrimination in the community. (Author/MC)…

(1977). The Teacher and the Law. Today's Education, 66, 2, 22-4, Mar-Apr 77. Nine criteria, determined by the National Education Association as constituting "fair treatment" for teachers' rights, are presented. (MJB)…

Kelly, Eileen (1978). The Equal Rights Amendment. Social Studies, 69, 3, 126-9, May/Jun 78. A brief discussion of the Equal Rights Amendment (ERA) including questions often asked of social studies teachers in the classroom. A map of the United States shows which states have passed the ERA to date. Also includes a bibliography of 43 resources about ERA. (BC)…

Stout, Robert T. (1978). Teacher Education in a Time of Reform. California Journal of Teacher Education, 4, 4, 16-22, Jan 78. When the press for accountability is combined with shared governance by community participants, conditions for high degrees of constraint and diffusion of authority for teachers exist. (JD)…

Hentoff, Nat (1978). Media Watch: Making the First Amendment as Real as Sex. Civil Liberties Review, 4, 6, 51-4, Mar-Apr 78. Students are increasingly demanding the right to publish without restraint by school authorities. Some censorship cases have been taken to court and won. (MC)…

Mann, Mary E. (1987). The Department of Justice and Affirmative Action. Journal of Intergroup Relations, v15 n1 p5-10 Aug. Provides a brief overview of the work of the Department of Justice in eliminating discrimination by public employers. Discusses four 1986 Supreme Court decisions about the permissible scope of affirmative action. The decisions indicate that affirmative action programs must use affirmative action in recruitment, training and outreach. (PS)…