Monthly Archives: March 2024

Bibliography: Civil Rights (Part 821 of 996)

Sarkesian, Sam C. (1981). Who Serves?. Society, v18 n3 p57-60 Mar-Apr. While inequity and social bias are relevant to the issue of military conscription, we should recognize that the present controversy over selective service involves national values and the credibility of institutions. A newly designed selective service system is likely to be more just than the present volunteer system. (Author/GC)…

Gottesman, Roberta (1981). Restitution and Parental Liability as Alternatives to School Discipline. Education Digest: Essential Readings Condensed for Quick Review, v47 n2 p25-28 Oct. Considers legal and programmatic issues involved in having juveniles or their parents make financial restitution for delinquent acts. Makes recommendations to school officials on using restitution as part of school discipline policy. Condensed from "A Legal Memorandum," May 1981, published by the National Association of Secondary School Principals. (Editor/SJL)…

Zarefsky, David (1980). Lyndon Johnson Redefines "Equal Opportunity": The Beginnings of Affirmative Action. Central States Speech Journal, v31 n2 p85-94 Sum. Examines Lyndon Johnson's rhetoric in bringing about a shift in the concept of "equal opportunity" from nondiscrimination to affirmative action through the process of dissociation. Defines dissociation as separating a unitary concept into parts, identifying the less valued part, and reformulating the more valued part. (JMF)…

Conaway, Charlotte A. (1981). Vocational Education Serves the Handicapped. VocEd, v56 n3 p22-25 Apr. Examines the legal mandates requiring vocational education to serve the handicapped and presents examples of progress that has been made over the past 10 years. (LRA)…

Johnson, Edward; Richardson, Jr., Richard C. (1980). Narrowing Limits of Administrative Discretion. Peabody Journal of Education, v58 n1 p22-26 Oct. This review of court cases and statutes focuses on the impact of the first and fourteenth amendments and antidiscrimination legislation. Three recommendations are made: (1) The need for liability insurance is evident; (2) Every college and university should retain its own legal council; and (3) Institutions with collective bargaining should employ a full-time attorney. (JN)…

Loutfi, Martha Fetherolf; And Others (1980). Jobs and Beyond. Women at Work, n1 p4-21. Examines and analyzes some basic questions on women's place in the process of development. Outlines the low position women occupy in various economies in the developing world which makes them the most underprivileged group of workers. (JOW)…

Greene, Bruce (1979). "U.S. v. Michigan" and "Washington v. Fishing Vessel Association": A Comparative Review. American Indian Journal, v5 n8 p2-7 Aug. The Supreme Court joins a U.S. District Court to deliver two decisions regarding treaty right fishing which are vitally important to the law of federal-Indian treaty rights. This essay explains the nature of those cases, the matters at issue in them, and their relationship to each other. (NQ)…

Gottesman, Roberta; Mountz, Lynne (1979). Children's Legal Rights in Maryland. Journal of the International Association of Pupil Personnel Workers, v23 n4 p207-16, 245-54 Sep. A professional's ability to provide services will be enhanced if he is familiar with legal implications inherent in activities in which children are involved. This provides Maryland professionals with a perception of the rights of parties in juvenile justice, education, medical care, and parental abuse and neglect, and foster care. (Author)…

Manley-Casimir, Michael E. (1979). The Rights of the Child at School. Education Canada, v19 n3 p9-13,25 Fall. The author argues for the delineation of children's and student's rights in Canada's proposed new federal constitution. He discusses the traditional legal status of schoolchildren and defines their welfare and option rights. (SJL)…

Hankins, Thomas E. (1976). Section 1983, the Eleventh Amendment, and General Principles of Tort Immunities and Defenses: Who Is Left to Sue?. UMKC Law Review, 45, 1, 29-55, F 76. The possibilities of successfully suing a state entity have been narrowed by the Eleventh Amendment, the definitional exclusions imposed by the Supreme Court in its interpretations of section 1983's legislative history, and the inapplicability of the doctrine of various liability to section 1983 suits. Such narrowing of the permissable scope of 1983 actions is approaching the pointing of barring them altogether. (Author/LBH)…

Levine, James P. (1976). Racism and the Constitution: 200 Years of Inequality. Intellect, 105, 2376, 23-6, Jul-Aug 76.

Samford, Frank P., III (1976). Toward a Constitutional Definition of Racial Discrimination. Emory Law Journal, 25, 3, 509-78, Sum 76. An analysis of the approaches taken by the Supreme Court in determining the existence of unconstitutional racial discrimination is presented. Cases involved voting rights, jury selection, gerrymandering, segregation of schools and of public and private facilities, and distribution of governmental burdens and benefits. (LBH)…

Goldman, Alan (1976). Employment Discrimination–Washington v. Davis: Splitting the Causes of Action Against Racial Discrimination in Employment. Loyola University Law Journal, 8, 1, 225-49, F 76. The effect of Washington v. Davis on employment discrimination litigation under the fourteenth amendment and section 1981 of the U. S. Code is examined along with the impact of the decision on Title VII standards. The case involved employment tests for acceptance into the District of Columbia Police Department. (LBH)…

Specter, Russell (1977). Act Three: Some Thoughts on the Thrust of Title VII. Employee Relations Law Journal, 2, 3, 262-71, win 77. During the 10 years of existence of Title VII, the compliance agencies and courts have gradually developed procedures and standards of proof looking toward the eradication of bias and discrimination in employment. The course of Title VII to date is reviewed and some observations on future approaches are offered. (Editor/LBH)…

Coulmas, Florian (1998). Language Rights: Interests of State, Language Groups, and the Individual. Language Sciences, v20 n1 p63-72 Jan. Focuses on the question of how language rights can be subjected to legal provisions. Argues that, because language has social and individual aspects, working out solutions for specific situations is more important than universal principles. Argues against the idea that languages are objects deserving of legal protection. (14 references) (Author/CK)…

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Bibliography: Civil Rights (Part 822 of 996)

Dallam, Elizabeth (2001). Arizona's Florence Project. Insights on Law & Society, v1 n3 p13 Spr. Describes the Florence Immigrant and Refugee Rights Project (Florence, Arizona) in which lawyers help individuals who are being detained in Florence. Explains that the project offers service to individuals at the detention center, helps children without guardians, and provides information to immigrant communities on their rights when arrested. (CMK)…

Camerini, Michael; Robertson, Shari (2001). Perspectives. Insights on Law & Society, v1 n3 p14-15 Spr. Provides background information on the U.S. Immigration and Naturalization Service Asylum office. Uses the perspective of two movie producers as they filmed a documentary film, \Well-founded Fear\, about asylum and refugee protection. Includes information on how to order a classroom aid and the film. (CMK)…

Mawdsley, Ralph D. (1990). Has "Wisconsin v. Yoder" Been Reversed? Analysis of "Employment Division v. Smith.". West's Education Law Reporter, v63 n1 p11-22 Dec 6. Compares the Supreme Court ruling in "Employment Division, Department of Human Resources of Oregon v. Smith," involving the denial of unemployment compensation to two employees discharged because they ingested peyote, to "Wisconsin v. Yoder," mandating exemption to Amish parents of the state's uniformly applied compulsory attendance statute. (MLF)…

Hagy, Joe; Olson, Carol (1990). Achieving Social Justice: An Examination of Oklahoma's Response to "Adams v. Richardson.". Journal of Negro Education, v59 n2 p173-85 Spr. Reviews the efforts of Oklahoma to comply with the 1969 Supreme Court decision, "Adams v Richardson," which required states to desegregate traditionally White educational institutions. Concludes that Oklahoma has failed to increase the number of minority students in institutions of higher education but has institutionalized the principles of social justice and equal opportunity. (FMW)…

Nordenbo, Sven Erik (1989). Children's Rights, "die Antipadagogen," and the Paternalism of John Stuart Mill. Western European Education, v21 n2 p45-70 Sum. Examines how John Stuart Mill would have viewed present-day educational liberalists' claims that children should be included in Mill's principle of individual liberty. Concludes that educational liberalists cannot rightly claim Mill as spokesman for their views. (KO)…

Ramdas, Lalita (1990). Women and Literacy: A Quest for Justice. Convergence: An International Journal of Adult Education, v23 n1 p27-43. Literacy must go beyond reading and writing to become part of the process of empowering marginalized people, especially women. A crusade for women's literacy is both an educational and a political project requiring revision of content and materials so that they are consciously emancipating rather than perpetuating the status quo. (SK)…

Davis, Ossie (1989). Jobs, Peace, Justice: Challenge for the Year 2000. The Nation, v249 n4 p144-48 Jul 24. Argues that Black political action is the only solution to freeing African Americans from the poverty of the ghettos. Proposes that the two fundamental tasks facing the Black community are the restoration of the self-esteem of Black children and the elimination of the American myth of national equality. (FMW)…

Mueller, Jean West; Schamel, Wynell Burroughs (1989). Plessy v. Ferguson Mandate. Social Education, v53 n2 p120-22 Feb. Traces the history of the Plessy v. Ferguson case. Includes copies of the U.S. Supreme Court mandate to the Louisiana Supreme Court denying Plessy's request to overturn the Jim Crow law and ordering him to bear the court costs. Provides teaching suggestions for interpreting the document and highlights related topics and questions for research and reports. (GEA)…

Gerber, Paul J. (1992). At First Glance: Employment for People with Learning Disabilities at the Beginning of the Americans-with-Disabilities-Act Era. Learning Disability Quarterly, v15 n4 p330-32 Fall. This article presents observations from contacts and consultations with representatives of 25 major companies in the Richmond, Virginia, area concerning their strategies for complying with the Americans with Disabilities Act. The article concludes that a dynamic tension exists between employers and people with disabilities, and the law's successful implementation is linked to the performance of individuals with learning disabilities themselves. (JDD)…

Ladson-Billings, Gloria; Tate, William F., IV (1995). Toward a Critical Race Theory of Education. Teachers College Record, v97 n1 p47-68 Fall. Explains critical race theory as used in legal scholarship, arguing for its application in education and suggesting that in the United States, where race is critical in inequality and where society is organized around property rights, the intersection of race and property creates an analytical tool for understanding inequity. (SM)…

Chaikind, Stephen (1992). Children and the ADA. Exceptional Parent, v22 n2 pM8-10 Mar. This article summarizes provisions of the Americans with Disabilities Act in light of how they may affect children. It specifically addresses requirements for reasonable accommodations by employers and increased accessibility to public services. A "fact sheet" insert lists relevant phone numbers (enforcement agencies and information lines) and compliance deadlines. (DB)…

Peters, George F.; And Others (1993). Report and Recommendations of the AATG Committee for the Recruitment and Retention of Minorities in German. Unterrichtspraxis, v26 n1 p97-98 Spr. This report describes the activities and lists the recommendations for further action submitted to the American Association of Teachers of German executive council in February 1993 by the ad hoc committee on the recruitment and retention of minorities in German. (LET)…

Heyward, Salome (1991). The Americans with Disabilities Act: An Analysis of Compliance Standards. Journal of Intergroup Relations, v17 n4 p42-47 Win 1990-91. Analyzes briefly some of the compliance standards of the Americans with Disabilities Act of 1990 (ADA), using the evolution of disability discrimination law under the Rehabilitation Act of 1973 as a guide. Concludes that the ADA's compliance standards are more vaguely worded than the earlier legislation, possibly opening the door to a wave of litigation against businesses. (CJS)…

Almeida, Dierdre A. (1998). Indigenous Education: Survival for Our Children. Equity & Excellence in Education, v31 n1 p6-10 Apr. Explores definitions of indigenous peoples and the meaning of indigenous education. Education has often been a political tool to deny the identities of indigenous people, but it can become a way for indigenous people to reclaim their rights and cultural identities. (SLD)…

Ward, Ben (1998). Proposition 227: What Now?. American Language Review, v2 n4 p23-27 Jul-Aug. Provides background on and discusses the significance of Proposition 227, the California ballot initiative designed to reform the state's bilingual-education program that was approved by voters in 1998. Reactions to its approval by California voters are provided by Ron Unz, Stephen Krashen, and Mauro Mujica. (Author/VWL)…

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