Goodlett, Carlton B. (1979). The Crisis of Youth and Adult Responsibility. Black Scholar, v10 n5 p19-30 Jan-Feb. Blacks must look to themselves for solutions to the problems of all Black people. They must direct their money back into the Black community to elevate the socioeconomic level of Blacks in the United States. (WI)…

Horne, Gerald C. (1979). Affirmative Action–A Benefit to All. Freedomways, v19 n2 p71-74. This article cites statistics and documentation from a book entitled \The Case for Affirmative Action for Blacks in Higher Education,\ to illustrate the argument that affirmative action is not only legal, but absolutely essential. (Author/EB)…

Massie, Dorothy C.; Ware, Martha L. (1979). Educating the Handicapped: Opening the Schoolhouse Doors to a Newly Demanding Minority…and New Judicial Interventions. Contemporary Education, v50 n4 p210-15 Sum. The judicial actions leading to the current demand for special education programs for the handicapped are reviewed, and the complex interface between appropriate court interference and proper school role in program design is discussed. (LH)…

Garvey, John H. (1979). Children and the First Amendment. Texas Law Review, v57 n3 p321-80 Feb. Discusses the way in which the realities of parental power over children and of state power to regulate education and some aspects of family life shape the child's right of free expression. Available from Fred B. Rothman & Co., 10368 West Centennial Road, Littleton, CO 80123. (Author/IRT)…

Poplin, Caroline (1975). Fair Employment in a Depressed Economy: The Layoff Problem. UCLA Law Review, 23, 2, 177-234, Dec 75. Does a layoff by plant seniority in a formerly all white plant violate Title VII under the usual tests? This question is examined from both black and white viewpoints, and a possible solution to the problem by layoff quotas discussed. (LBH)…

Boyer, Laura G. (1976). The Potential of Expanded Arbitration in Resolving Title VII Claims in Light of Alexander v. Gardner-Denver and New Equal Employment Opportunity Commission Policy. Loyola University Law Journal, 7, 2, 334-50, Spr 76. Potential Title VII financial liability, not only for lawyer's fees and court costs, but also for back pay awards, should provide the needed stimulus for union and management to accept altered arbitration as a method of resolving employment discrimination claims. Altered arbitration would be an effective way to limit their financial liability. (LBH)…

Silbergeld, Arthur F. (1976). Title VII and the Collective Bargaining Agreement: Seniority Provisions Under Fire. Temple Law Quarterly, 49, 2, 288-322, Win 76. It is argued that layoffs undertaken pursuant to a plantwide seniority system are bona fide, notwithstanding a disproportionate impact on minority workers recently hired by an employer with past discriminatory hiring practices. Legislative background, pertinent court cases, and inappropriate forms of relief are discussed. (Author/LBH)…

Morrison, David E. (1976). The Legality of University-Conducted Dormitory Searches for Internal Disciplinary Purposes. Duke Law Journal, 1976, 4, 770-88, 76. The issue examined is whether those unique characteristics of the university environment that have led to the development of a judicially-sanctioned general regulatory power will automatically render a warrantless disciplinary search \reasonable\ within the terms of the fourth amendment. (LBH)…

Medlin, Kay Cowden (1976). Search and Seizure in the Public Schools. Louisiana Law Review, 36, 4, 1067-74, Sum 76. The protection afforded a minor student by the fourth amendment is perhaps open to some speculation due to his age and the unique situation presented by the school environment. The search and seizure issue is discussed in terms of the findings in several court cases. For journal availability see HE 508 741. (LBH)…

McLaren, J. (1977). Theoretical Aspects of the Educational Rights of the Child. Unicorn, 3, 1, 25-35, Mar 77. Argues the case for the educational right of the child to be recognized as a human being and be given the right of choice, and for teachers to have authority over the environment, not the individual. Available from: Australian College of Education, 916 Swanston Street, Carlton, Victoria 3053, Australia, $2.50 single copy. (Author/MLF)…

Keys, Christopher B.; Miller, Alison B. (1996). Awareness, Action, and Collaboration: How the Self-Advocacy Movement Is Empowering for Persons with Developmental Disabilities. Mental Retardation, v34 n5 p312-19 Oct. This article discusses four necessary elements of the self-advocacy movement: gaining awareness of one's social and political situation; gaining awareness of individual strengths and potential; taking action through participation in community organizations; and having advisors collaborate with people with disabilities rather than treating them as service recipients. (CR)…

Black-Branch, Jonathan L. (1997). A New Era in Educational Planning in Canada: The "Canadian Charter of Rights and Freedoms" as Constitutional Law. Educational Planning, v11 n1 p5-20. Presents findings of a socio-legal research study focusing on areas of concern for educational planners under the 1982 Canadian Charter of Rights and Freedoms. The experts consulted identified seven major areas to watch for: fundamental freedoms, legal rights, equality rights, minority language educational rights, denominational school rights, multiculturalism, and Aboriginal rights. (37 references) (MLH)…

Jaeger, Richard M. (1990). Establishing Standards for Teacher Certification Tests. Educational Measurement: Issues and Practice, v9 n4 p15-20 Win. Means of establishing standards for teacher certification tests are discussed. Focus is on the requirements and implications of the 1985 "Standards for Educational and Psychological Tests" and the 1978 "Uniform Guidelines on Employee Selection Procedures" that apply to the establishment of teacher certification test standards. (TJH)…

Horner, Jeff (1991). When Is a School District Liable under 42 U.S.C. Section 1983?–The Evolution of the "Policy or Custom" Requirement. West's Education Law Reporter, v64 n2 p339-48 Jan 31. Section 1983 opened the federal courts to private citizens by creating a cause of action for invasion of rights protected by federal law. Liability can only be established through proof that injury was occasioned by the implementation of municipal "policy or custom." Examines the evolution of this court doctrine. (MLF)…

Seefeldt, Carol (1989). Perspectives on the Pledge of Allegiance. Childhood Education, v65 n3 p131-32 Spr. Presents various perspectives on public school children's recitation of the Pledge of Allegiance, and ways to turn this ritual into a meaningful act for those who wish to participate. (BB)…

Owen, David B. (1988). Recent Textbook Cases and Children's Rights. Religion and Public Education, v15 n3 p286-92 Sum. Questions the failure to address children's rights in recent court decisions regarding educational issues. States that at some point prior to adulthood children achieve the emotional maturity to evaluate ideas, actions, and values, and therefore, should be allowed to exercise free choice. Response by Ronald B. Flowers follows. (LS)…

Leas, Terrence; Stefkovich, Jacqueline A. (1994). A Legal History of Desegregation in Higher Education. Journal of Negro Education, v63 n3 p406-20 Sum. Presents an in-depth review of desegregation efforts waged in the nation's courts, along with insights into the overall effectiveness of the courts' rulings in this area. It discusses concepts of academic freedom at the postsecondary level and their influence on higher education desegregation efforts. The authors provide a partial explanation for the judiciary's failure to desegregate higher education. (GR)…

Shorten, Ann (1995). Discrimination in Australian TAFE and Higher Education: The Anecdotal Evidence of Contested Matters. Educational Management & Administration, v23 n2 p114-21 Apr. Provides anecdotal evidence of discrimination in Australian technical and further education (TAFE) and higher education, focusing on recent court litigation involving employment and provision of educational services. Unless appropriate antidiscrimination policies and practices are developed and implemented by TAFE and higher education institutions, discriminatory activities are bound to occur. (45 endnotes) (MLH)…

Hochschild, Jennifer L. (1995). Affirmative Action and the Rumor of Black Inferiority. Journal of Blacks in Higher Education, n8 p64-65 Sum. Challenges the view that, in a meritocratic society, affirmative action in higher education does personal and professional harm to those whom it ostensibly benefits. The author contends that, in most cases, those who are granted preferences are neither professionally diminished nor hurt by personal or societal feelings that they are unqualified or that their benefits are undeserved. (GR)…

Strauss, Susan (1993). Sexual Harassment in the Schools. Students Are Taking Legal Action, and Administrators Are Having to Confront Ugly Facts. Vocational Education Journal, v68 n3 p28-31 Mar. Educators and administrators must face their responsibility in dealing with sexual harassment by developing policies that are intended to ensure a safe environment, specifying procedures for reporting incidents, and making the reporting process unthreatening. (SK)…

Stager, Susan (1993). Individual Rights versus Institutional Responsibilities. EDUCOM Review, v28 n3 p41-44 May-Jun. Discusses individual rights versus institutional responsibilities as addressed in the Bill of Rights and Responsibilities for Electronic Learners. Topics addressed include freedom of speech and First Amendment rights; freedom of the press; freedom of assembly; right to privacy; freedom from unreasonable searches; due process; and future issues. (three references) (LRW)…

Starkey, Hugh (1992). Back to Basic Values: Education for Justice and Peace in the World. Journal of Moral Education, v21 n3 p185-92. Contends that public education has basic, secular texts that include basic human rights common to all the world's peoples. Identifies the Universal Declaration of Human Rights of 1948 as the first of these documents. Argues that schools in all nations should emphasize equality of rights and equality of dignity. (CFR)…

Bjorklun, Eugene C. (1992). Evolution and Creationism in the Public School Curriculum: The Academic Freedom Issue. Religion & Public Education, v19 n1 p57-66 Win. Reviews the controversy of teaching evolution and creationism in public schools from the early years of the twentieth century until today. Identifies two stages of the legal challenges to the teaching of evolution. Contends that academic freedom issues may provide another avenue to the Supreme Court for those supporting creationism. (CFR)…

Johns, Horace E. (1990). The Grove City College Case: A Relatively Short-Lived Aberration in American Higher Education. Higher Education Management, v2 n2 p147-55 Jul. The article reviews the 1984 Grove City College v Bell case in which the U.S. Supreme Court ruled that prohibition of sex discrimination in federally supported educational activities, applied only to programs receiving aid and not to the entire institution. Trends leading to congressional overturn of the Grove City decision in 1988 are noted. (Author/MLW)…

Tharinger, Deborah; And Others (1990). Sexual Abuse and Exploitation of Children and Adults with Mental Retardation and Other Handicaps. Child Abuse and Neglect: The International Journal, v14 n3 p301-12. Issues in the sexual abuse and exploitation of individuals with mental retardation are discussed, including sociolegal considerations of special protection from abuse and neglect, incidence of sexual abuse, increased vulnerability of individuals with mental retardation, nature of the abuse, initial and long-term effects, professional response, and therapeutic interventions. (JDD)…

Freire, Paulo (1998). Reprint: Cultural Action for Freedom. Harvard Educational Review, v68 n4 p471-521 Win. Reprints of two Harvard Educational Review articles from 1970, "The Adult Literacy Process in Cultural Action for Freedom" and "Cultural Action and Conscientization," highlight the importance of education to human rights. (SK)…

Gerber, Paul J.; Price, Lynda A. (2001). At Second Glance: Employers and Employees with Learning Disabilities in the Americans with Disabilities Act Era. Journal of Learning Disabilities, v34 n3 p202-10,48 May-Jun. Previous findings on employer knowledge about learning disabilities were compared to 25 employers from Pennsylvania and Virginia. Findings indicate that employers are continuing to make efforts to comply with the Americans with Disabilities Act of 1990 regulations but have little knowledge or experience with it in terms of learning disabilities. (Contains references.) (Author/CR)…

Mack, Raymond W. (1996). Whose Affirmative Action?. Society, v33 n3 p41-43 Mar-Apr. Presents a brief historical summary of affirmative action, examines its practices, and explores its future prospects. The article argues that the way out of the racial isolation brought about by the success of middle-class racial integration is to practice affirmative action on the basis of class rather than race, that is, equality of opportunity. (GR)…

Howard, J. Paul R. (2001). Can We Legislate Beliefs?. Education Canada, v41 n3 p36-37 Fall. Trinity Western University (TWU) (British Columbia) was denied accreditation as a teacher training institution because the accrediting college felt that TWU–a Christian institution excluding persons based on sexual orientation–would produce teachers that discriminated against homosexual students. In subsequent court litigation, the Supreme Court upheld religious freedoms, stating that religious beliefs would not necessarily lead to discriminatory conduct. (SV)…

Bell, Derrick (2000). Epilogue. Affirmative Action: Another Instance of Racial Workings in the United States. Journal of Negro Education, v69 n1-2 p145-49 Win-Spr. Discusses the effect of recent legal and legislative setbacks in the affirmative action arena, looking at the history of legislation that protects white rights over black rights (and that makes whites the protected minority) and emphasizing the need to respond to the types of injustices that affirmative action was designed to address. (SM)…