Taylor, Olive (1980). The Final Arbiter: A History of the Decisions Rendered by the Supreme Court of the United States Relative to the Negro Prior to the Civil War. Negro History Bulletin, v43 n1 p8-10 Jan-Feb-Mar. Lists significant decisions rendered by the U.S. Supreme Court relative to Blacks prior to the Civil War. Also briefly discusses the political status of Blacks in America and reviews current literature on the subject. (GC)…
D'Angelo, Robert J., Jr. (1979). Immunity Under 42 U.S.C Section 1983: A Benefit to the Public? "Sparks v. Duval County Ranch Co.". Connecticut Law Review, v12 n1 p116-36 Fall. With its holding that both judge Carrillo and Clinton Manges were immune, one by judicial immunity, the other by "vicarious" immunity, the court condoned both judicial and private corruption. Available from University of Connecticut School of Law, 1800 Asylum Avenue, West Hartford, CT 06117. (Author/IRT)…
Katsiyannis, Antonis; Yell, Mitchell L. (2002). Americans with Disabilities Act and the Supreme Court: Implications for Practice. Preventing School Failure, v47 n1 p39-41 Fall. This article first reviews the primary requirements of the Americans with Disabilities Act (ADA), then examines four recent U.S. Supreme Court cases that helped clarify who is entitled to its protection. The cases are Murphy vs. United Parcel Services, Inc.; Albertsons, Inc. vs. Kirkingburg (1999); Olmstead, Georgia Department of Human Resources vs. L.C. (1999); and Board of Trustees vs. Garrett (2001). (DB)…
Bowles, Dorothy (1989). Newspaper Attention to (and Support of) First Amendment Cases, 1919-1969. Journalism Quarterly, v66 n3 p579-86 Fall. Examines the extent newspaper editorials in the twentieth century have supported the first amendment guarantees of freedom of speech and of the press. Finds that support of the first amendment was not always forthcoming in times of domestic crisis. (RS)…
Gregg, Dennis R. (1991). Looking Back: A Reply to Jack Fraenkel. Social Education, v55 n7 p425-26 Nov-Dec. Argues that concern purely with consequences is an inadequate basis for an ethical theory. Suggests that claims based on rights or standards other than the promotion of the greatest happiness be used to guide decisions. Insists that conflict among rights in no way denies their existence or their essence in determinations of distributive justice. (DK)…
Arnold, Vanessa Dean; Roach, Terry D. (1994). Supervising in a Legalized Work Environment. Business Education Forum, v48 n4 p3-5 Apr. Laws that govern society also govern the workplace. Understanding how rights have expanded will give managers insight into the social and legal principles that govern the workplace. (JOW)…
(1998). Repatriation and Reintegration of Unaccompanied Refugee Children. Migration World Magazine, v26 n1-2 p5. The international community must protect the rights of unaccompanied refugee children as they are repatriated or resettled into their own countries. The establishment of guidelines to ensure this and the creation of an independent watch group to monitor reintegration are recommended. (SLD)…
Zhen, Han (2002). On the Historical and Ideal Nature of Human Rights: Reading \Human Rights and Human Diversity\ by A. J. M. Milne. Educational Philosophy and Theory, v34 n2 p239-246 May. The foundation of human rights is social history, which is reflected as a kind of moral ideal. The ideal is produced on the historical base, it thus has real meaning, meanwhile the ideal is the ideal of the development of history; therefore, the history has a style of progress. In this paper, the author suggests the following points: (1) Individual rights is the product of social development; (2) Human rights is the ideal force guiding social development; and (3) The relation between human rights and social interest should be adjusted continuously in the interaction between history and ideal. (Contains 3 notes.)… [Direct]
Welner, Kevin G. (2005). Can Irrational Become Unconstitutional? NCLB's 100% Presuppositions. Equity and Excellence in Education, v38 n3 p171-179 Aug. This article identifies two presuppositions underlying No Child Left Behind's (NCLB) system of adequate yearly progress. The first is that each state must bring 100% of its students up to proficiency on state tests by the 2013-14 school year. The second is that each student's test score must effectively be treated by the state as if his or her school were 100% responsible for that score. The article demonstrates that these two 100% presuppositions are unsupportable and then explores the NCLB rules in the context of the Fourteenth Amendment's Due Process Clause, which prohibits the government from arbitrary exercises of power…. [Direct]
Ahmad, Iftikhar (2004). Shirin Ebadi: A Muslim Woman Nobel Peace Laureate. Social Education, v68 n4 p260 May-Jun. The Nobel Peace Prize is recognized as one of the most prestigious global awards. Each year the Norwegian Nobel Committee, which is appointed by Norway's parliament to select the winner, receives many nominations from around the world. Shirin Ebadi, who is from Iran, became the eleventh female Nobel Peace laureate in 2003. Ebadi is the third Muslim and the first woman from the Muslim world to be honored with the prize. When the Nobel Committee made the announcement, it acknowledged that of the 165 contestants, the committee had selected Ebadi because of the courage she demonstrated in her struggle for human rights and democracy in Iran. This article explores following questions so readers may learn about some of the challenges that citizens of the Muslim world face in their struggle for democracy: (1) Who is Shirin Ebadi? (2) What is her contribution to human rights and democracy in Iran? and (3) What is the significance of the Nobel Peace Prize for Iran and other Muslim societies? A…
Kiwan, Dina (2005). Human Rights and Citizenship: an Unjustifiable Conflation?. Journal of Philosophy of Education, v39 n1 p37-50 Feb. Human rights discourses are increasingly being coupled to discourses on citizenship and citizenship education. In this paper, I consider the premise that human rights might provide a theoretical underpinning for citizenship. I categorise citizenship into five main categories — moral, legal, identity-based, participatory and cosmopolitan. Bringing together theoretical and documentary evidence, I argue that human rights cannot logically be a theoretical underpinning for citizenship, regardless of how citizenship may be conceptualised. This is because human rights discourses are located within a universalist frame of reference, in contrast to that of citizenship, which is located within a more particularist frame. Human rights are conceptually distinct from citizenship, and the conflating of human rights with citizenship not only is conceptually incoherent, but may actually obstruct the empowerment and active participation of individual citizens in the context of a political community…. [Direct]
McCarthy, Martha M. (2005). Controversy Continues over the Pledge of Allegiance. Legal Update. Educational Horizons, v83 n2 p92-97 Win. Saying the Pledge of Allegiance in public schools has generated controversy for more than sixty years. On Flag Day, June 14, 2004, the U.S. Supreme Court sidestepped an opportunity to clarify the constitutionality of public school students reciting \under God\ in the Pledge of Allegiance. But this issue is not going away. Following the Supreme Court's decision, several families voiced interest in mounting new challenges to the religious reference in the Pledge. This article analyzes the 2004 decision and explores how the Supreme Court might rule in a subsequent case regarding the constitutionality of saying the current Pledge in public schools…. [PDF]
Young, Morris (2004). Native Claims: Cultural Citizenship, Ethnic Expressions, and the Rhetorics of "Hawaiianness". College English, v67 n1 p83 Sep. The rhetorics of Hawaii were once generated around expressions of cultural identities and resistance, which has now shifted to organizing around a belief in self-determination as a fundamental human right. This rhetorical shift is illustrated with the help of the site of Hawaii…. [Direct]
Paulo Freire (2000). Cultural Action for Freedom. HER Reprint Series. Harvard Education Press In this volume, we have chosen to highlight the importance of education to human rights by reprinting two articles written by Paulo Freire (1921-1997) in 1970 for the "Harvard Educational Review." These articles contain many of Freire's original ideas on human rights and education–issues that are central to his work. Freire was a pioneer in promoting the universal right to education and literacy as part of a commitment to people's struggle against oppression. As Jerome Bruner recognized after Freire's death in May 1997, Freire left as a legacy his commitment to basic human rights: "He was a brave man as well as a far-sighted one. He made us aware of our mindless cruelties, and now the challenge to all of us is to do something about those cruelties." [Introduction written by Marta Soler-Gallart and B√°rbara M. Brizuela.]… [Direct]
Kritsonis, William Allan; Webb, Patrick (2006). Controlling Those Kids: Social Control and the Use of Pretrial Detention among Youth in the United States of America–National Implications. Online Submission This analysis will identify the theoretical basis associated with the use of pretrial detention among youth in the United Sates. This article is designed to offer a comprehensive description of the use of pre-trial detention of youth. In addition, a theoretical discussion of this "crime-control" measure is identified. Policy implications are recommended. The primary purpose of this article is to investigate the various philosophical components as a basis for legal origins and the philosophical basis associated with the use of pretrial detention in the United States of America. The authors offer critical insights and explanations regarding the use of pretrial detention of youth from a theoretical perspective along with attempting to answer the question why pretrial detention is being used among youth within the juvenile justice system…. [PDF]
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As a child in New Jersey, I grew up hearing stories of my mother's flight attendant days in South Korea. A few stuck out to me even at a young age — such as hearing she needed to maintain a certain weight to get into the flight attendant program and that she had to quit her job once she got married. I couldn't understand why my mother had to quit her dream job, the job that allowed her to travel to Hawaii and Paris, the two places she had always wanted to go since she was little, just because she got married. My mother also told me how women either lied about being married to keep their jobs or were pres…
US activists set up a "settlement" in front of the Israeli embassy in Washington DC to protest the brutal war on Gaza and the oppression against Palestinians in the West Bank. US media reported on Wednesday that activists lined the Israeli embassy with Palestinian flags and banners condemning Gaza genocide. US activists set up Palestinian …
Israeli TV channels aired a number of reports showing the torture and humiliation of Palestinians in Israeli prisons. The videos are consumed by the Israeli public as entertainment, revealing the sadism of Israeli society.