Holt, John (1975). The Dignity of Children. Law in American Society, 4, 3, 9-13, Sep 75. We should respect and honor a child's desire to be helpful, to be responsible, to be useful, to move about in the world, to explore and to try new things. Responsibility and independence must be developed and nurtured throughout childhood. See SO 504 023 for address of journal. (Author/ND)…

Abzug, Bella (1975). Discrimination in Employment. Integrated Education, 13, 3, 44-45, May-Jun 75. This testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, expressly focuses on discrimination in employment, asserting that this has had the most direct effect on minorities and women in the country; while legal protections have grown stronger, they have not been used effectively. (Author/JM)…

Adams, Arvil (1975). The Impact of FEP Legislation. Integrated Education, 13, 3, 49-52, May-Jun 75. This testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, had three express focuses: (1) on urban poverty among blacks in the non-south; (2) on the enforcement of Fair Employment Practice (FEP) legislation and its effect on the economic position of blacks and other minority groups; and, (3) on guidelines for improving the enforcement of FEP Legislation. (Author/JM)…

Badillo, Herman (1975). Bilingual Education. Integrated Education, 13, 3, 166-167, May-Jun 75. This testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, emphasizes not only that the first problem that the Puerto Rican community has in New York City is that of language but that there is a new migration of Haitians (who speak French), Greeks, and groups of Chinese from different parts of Asia. (Author/JM)…

Silverman, Bernie I. (1975). Reverse Discrimination. Peabody Journal of Education, 52, 2, 116-21, Jan 75. …

Hollander, Patricia A. (1981). Liability. Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of character, worker's compensation, and statutes of limitation. Several governmental immunity cases addressed the question of whether or not public educational institutions are protected against tort suits. A number of procedural decisions are discussed that concern liability. The final cases discussed concern claims of violations of constitutional or statutory rights without due process of law. (Author/MLF)…

Kane, Peter E., Ed. (1982). Free Speech Yearbook 1981. Free Speech Yearbook, v20. The nine articles in this collection deal with theoretical and practical freedom of speech issues. Topics discussed include the following: (1) freedom of expression in Thailand and India; (2) metaphors and analogues in several landmark free speech cases; (3) Supreme Court Justice William O. Douglas's views of the First Amendment; (4) the San Francisco, California, campaign for Gay rights; (5) academic freedom and the pornographic film "Deep Throat"; (6) Alexander Solzhenitsyn's approach to free expression; and (7) Supreme Court rulings in 1980-81 concerning free speech. A freedom of speech bibliography concludes the volume. (HTH)…

Chai, Carolyn (1978). The Second National Conference Summary. In this summary of the 1978 National Conference on Asians in America and Asian Americans, conference proceedings, as well as papers and panel discussions, are briefly outlined. Workshops on foreign policy, immigration, Asian identity, education and employment, Indo-Chinese in the United States, teaching English to immigrants, racism and affirmative action, and community development, are discussed in terms of papers presented, ideas examined, and panel participants. Major problems, opportunities, and priorities for Asians in the United States are identified. (WI)…

Trubow, George B. (1978). Privacy and Security of Criminal History Information. An Analysis of Privacy Issues. Policies and issues associated with the privacy and security of criminal history information are presented. The first chapter discusses general concepts regarding privacy and security of criminal justice information, including definitions of basic terms, considerations of interests requiring attention when developing policy, relevance of fair information practices, and constraints of system design. The second chapter provides information regarding specific issues in developing privacy policy such as costs, public record laws, state and federal regulatory authority, types of information, and access. The third chapter describes the criminal justice information privacy and security programs in the states of Colorado, Illinois, Maryland, and Washington, as well as providing suggestions for developing these programs. (Author/HLM)… [PDF]

Santamour, Miles B.; West, Bernadette (1979). Retardation and Criminal Justice. A Training Manual for Criminal Justice Personnel. This training manual for criminal justice personnel addresses three general areas: (1) the nature of mental retardation and its relationship to criminal behavior, (2) the history and extent of the problem of the retarded offender, and (3) mechanisms for the delivery of services to this group of offenders. The manual is divided into twelve chapters designed to correct the injustices caused by failure to recognize the offender as being a retarded person or by an unfamiliarity with the nature of retardation and how to deal with this special problem. Chapter titles include Introduction: Why This Manual?; Tom P.: A Case History; Mentally Retarded Citizens: Who Are They?; Myths and Facts; Mentally Retarded Offenders: Who Are They?; A Discussion of the Problems and Issues of Mentally Retarded Offenders; Problems of Identification: Mentally Retarded Offenders; A Clinical and Practical Discussion of Retardation and Criminal Behavior; Retarded Offenders: Habilitative Program Development;…

(1979). Black Children: Some Highlights on Their Status. This paper briefly overviews the economic and social conditions of the 11 million Black children and youth in the United States in the 1970s. Directions for social action are suggested and the aims of the National Black Child Development Institute are indicated. (RH)…

(1979). How to Tame the CETA Beast. An Advocacy Manual for Older Women. Because older women have been conspicuously absent from Comprehensive Employment and Training Act (CETA) employment and training programs, this advocacy manual focuses on the employment needs of middle-aged and older women. The manual is divided into nine sections. The first section examines CETA itself, both in law and regulations, and discusses how it functions in practice, especially on a local level. Section 2 focuses on the older woman in terms of the displaced homemaker, the older worker, and the CETA connection. Section 3 details the proposal-writing process followed by a section (4) on "blue sky" proposals, which encourage innovative, job-creating ideas. Section 5 discusses the data game, while section 6 presents contradictions and pitfalls of the data game and how to work around them. Section 7 presents information on the theory and practice of advocacy, and legal rights and redress are discussed in section 8. The final section presents ideas for future action. A…

WATTERS, PAT (1964). CHARLOTTE. A COMBINATION OF SOCIAL CONSCIOUSNESS, CIVIC PRIDE, AND ECONOMIC CONSIDERATIONS MOVED CHARLOTTE, N.C., IN THE SPRING AND EARLY SUMMER OF 1963 TO DESEGREGATE VOLUNTARILY ITS LEADING HOTELS AND MOTELS, 90 PERCENT OF ITS RESTAURANTS, AND ITS FIRST-CLASS MOVIE THEATERS. PREVIOUSLY THE CITY HAD DESEGREGATED ITS AUDITORIUM AND COLISEUM, LUNCH COUNTERS, ITS SCHOOLS, LIBRARIES, BUSES, BUS DRIVERS, POLICE DEPARTMENT, PARKS AND SWIMMING POOLS, THE MEDICAL ASSOCIATION, ITS COLLEGES AND HOSPITALS, AND ITS MINISTERIAL ASSOCIATION. THREE CENTRAL FACTS STAND OUT TO FORM THE PATTERN IN CHARLOTTE'S RACE RELATIONS PROGRESS. ONE IS THE ABILITY OF THE CITY'S LEADERSHIP, OR POWER STRUCTURE, TO APPRAISE RACIAL PRESSURES, TO MAKE DECISIONS ABOUT WHAT THE CITY MUST DO, AND TO ACT UPON THEM. THE WISE, INSIGHTFUL, AND PROMPT ACTIONS OF THE MAYOR ILLUSTRATE THIS FACT. SECOND IS THE CONSTANT PRESSURE FROM NEGRO LEADERS. THE ORIENTATION OF NEGRO LEADERSHIP IN CHARLOTTE IS TOWARD GETTING RESULTS RATHER THAN…

Martin, Charles Vance (1977). Fairness Doctrine in Advertising. After a decade of debate, numerous Federal Communications Commission (FCC) rulings, and many court decisions, the application of the "fairness doctrine"–an act that mandates objectivity in the presentation of facts concerning controversial issues–remains unsettled. This report discusses issues involved in the application of the fairness doctrine to commercial advertising and summarizes relevant case law. It also examines the debate over the Federal Trade Commission's proposal to force broadcasters to provide free air time to groups or individuals to balance certain advertising claims: those made by cigarette companies, oil companies, army recruiters, and so on. Although the FCC's "Fairness Report" resolved contention to the degree that it limited the fairness doctrine to advertising that seeks to "play an obvious and meaningful role in public debate," it is concluded that the determination of what advertising is "controversial" is still…

(1978). Immunization: A Handbook for Schools, 1978-79. Vaccine-Preventable Communicable Disease Control. This handbook is intended to provide school authorities with a guide to the development of an effective school immunization program. The handbook is divided into three sections and seven appendices. Section One explains the legal definitions of various terms related to mandatory immunization practices. Section Two outlines the elements necessary for an efficient vaccine project, and Section Three provides sample procedures and activities as well as a range of frequently asked questions and answers relating to such a program. The appendices include the "Immunization Guidelines" of the New York State Department of Health and detailed excerpts from public health and education law texts dealing with the issue of compulsory immunization. A sample of the request form for exemption for religious reasons is also included. (LH)…

Wildman, Wesley A. (1968). The Law and Collective Negotiations in Education. Volume II, Collective Action by Public School Teachers. Final Report. This volume on law and collective negotiations in the schools is the second in a series of 4 monographs comprising a broad investigation of teacher collective action in local school districts in the United States. Part I (30 pages) of this volume deals with emerging local doctrine relating to the rights of teachers and other public employees to organize, negotiate, engage in concerted activities, etc. It emphasizes problem areas within the law relating to school bargaining which are as yet not resolved. Part II (37 pages), compiled by Arthur B. Smith, is a review of the statutory law relevant to teacher negotiations in the context of a comprehensive survey of all legislation concerning bargaining by government employees. Subsections include Creation of Collective Bargaining Rights, Designation of Employee Representatives, Regulations of the Negotiation Process, Unfair Labor Practices, The No-Strike Policy and Its Enforcement, Impasse Procedures, and Administrative Machinery. (JS)… [PDF]

Bothamley, Herbert (1968). Practical Government, Lesson Plans, Adult Basic Education and Student Worksheets for Practical Government Lesson Plans. This manual has been designed by the Bureau of Continuing Education Curriculum Development of the New York State Department of Education to provide teachers with suggested lesson plans in practical government. Each lesson contains background materials for the teacher, offering specific information on the subject of the lesson plans, aims of the lesson, development of understandings, and two student worksheets. As the main component of a packet of instructional materials, (including filmstrips and flipcharts), this publication constitutes the core of materials to use with students in adult basic education. Free copies of the document are available to New York State school personnel when ordered through a school administrator from the Publications Distribution Unit, State Education Building, Albany, New York 12224. (author/ly)… [PDF]

(1977). Key Federal Regulations Affecting the Handicapped 1975-1976. Summarized are major federal regulations affecting the handicapped issued during 1976. Regulations are organized according to the following categories: health (such as long term care and home health services, health planning, and facilities construction); education (such as handicapped education grants to the states, early childhood education, and regional education programs for the handicapped); social services (proposed and final regulations of Title XX of the Social Security Act); employment (patient workers, public service and works employment, and federal contract work); rights (anti-discrimination rules, affirmative action, and architectural barriers); vocational rehabilitation (basic program regulations, evaluation standards, and vending facilities for the blind); social security and supplemental security income (such as childhood disability criteria and gainful activity guidelines); housing (elderly/handicapped housing loans, rural housing rent subsidies, and community…

Glazer, Nathan (1975). On Alternatives to Busing. According to the author, people who favor compulsory assignment of children to schools on the basis of race base their position on the assumptions that Americans will make no progress toward an integrated society except under compulsion, and that the proof of an integrated society is the even distribution of minorities throughout society. In this paper, the author offers arguments and statistics to refute these two assumptions. He presents demographic evidence of a recent trend toward greater racial equality and asserts that this trend makes radical solutions like compulsory busing unnecessary. And the fact that members of many racial and ethnic groups tend to cluster together voluntarily, he argues, shows the folly of striving for the equal distribution of minority groups throughout our society. (JG)… [PDF]

Wolf, Robert L. (1975). Evidence: Educational Evaluation and the Metaphors of Law. A suit was filed in 1972 in California by an 18 year old high school graduate who asserted that he remained functionally illiterate after 13 years of regular attendance in the San Francisco public schools. Claiming personal injury as a consequence of the failure of school professionals to exercise reasonable care in the discharge of their duties, he asked the court to hold the school district liable to him for damages in excess of $500,000. This suit reflects the relationship between educational accountability and educational outcomes. School negligence is difficult to demonstrate because of the underlying dilemma as to what evidence is relevant, reliable, and credible. One solution to this dilemma requires that procedures be adopted and modified which rely more on human testimony than other evaluation approaches. Tne forum for carrying out such a procedure is called an educational hearing, and it may provide a more effective way of adequately seeking balanced factual data, while… [PDF]

Allen, Winfred G., Jr., Ed. (1976). Freedom of Speech Newsletter, May 1976. This issue of the \Freedom of Speech Newsletter\ contains three articles. \Big Brother, 1976–Judges and the Gag Order\ by Miles Clark examines constitutional censorship of the media and government secrecy. \Democratic Rights: A Socialist View\ by Kipp Dawson argues that \the rulers of the United States have never granted the American people any of the rights we now enjoy.\ The author argues that capitalism in the United States and elsewhere is in deep crisis. \The Right of Revolution in American Public Address 1776-1860\ by Winfred Allen, Jr., discusses the right of revolution and argues that a society failing to build in a \safety valve\ for the relief of felt pressure is a society traveling the road to reaction and possibly violent revolution. (TS)…

Freeman, Thomas J. (1975). Affirmative Action. This paper presents a concise history of the concept of affirmative action, tracing its evolution through various presidential executive orders and federal legislation. Also included is a definition of affirmative action and a brief discussion of its implications for colleges and universities. (JG)… [PDF]

Davison, Susan E., Ed. (1976). Bibliography of Law-Related Curriculum Materials: Annotated (Second Edition). Working Notes No. 10. This annotated bibliography cites over 1,000 elementary- and secondary-level materials dealing with the philosophy, substance, and pedagogy of law-related education. It lists textbooks, curriculum kits and guides, journals and newsletters, and books that can serve as reference or supplementary materials. The bibliography is divided by topic into seven sections: (1) introduction to law: development of law, basic concepts underlying the justice system, and comparative law studies; (2) the role of the Constitution in shaping the legal, political, and social order of the United States; (3) the Bill of Rights; (4) current law-related issues in today's society such as drugs, consumerism, and taxes; (5) general handbooks of law containing legal knowledge useful to the average citizen; (6) local, state, national, and international political processes such as lobbying and campaigning; and (7) sources and concepts for teaching about law. Some sections are cross-referenced to other sections… [PDF]

(1971). Student Publications. A Legal Memorandum. This publication examines a number of court cases involving the publication and distribution of various publications by high school students. In Scoville v. Board of Education of Joliet Township High School District 204, the court ruled that the content of student publications may be regulated only when the administrator acts upon \a reasonable forecast of a substantial disruption of school activity.\ In Schwartz v. Schuker and Katz v. McAulay, the courts ruled that appropriate disciplinary action may differ for college students and high school students. In Riseman v. School Committee of the City of Quincy, the court ruled that students may distribute publications in school buildings in an \orderly and not substantially disruptive\ way, outside of classes or study periods. However, the court also supported the principal's authority to regulate the time, place, and manner of distribution. Student publications guidelines from the New Jersey commissioner's decision, Goodman v. Board of… [PDF]

Bensfield, James A., Comp.; Peck, Carolyn, Comp. (1970). Student Rights Litigation Materials. This report presents complaints and supporting legal memoranda from recent student rights cases. The complaints cover recurrent constitutional arguments that are advanced in most cases. The supporting documents offer a complete compendium of applicable current decisions. The conception of student rights reflected herein is traditional, encompassing questions involving freedom of expression, personal rights, and procedural fairness. The typical planitiff is a high school or junior high school student who has been suspended, expelled, transferred, or otherwise disciplined. Although most of the cases focus on the legal right of school officials to act as they did, others emphasize the fairness of the procedures by which the disciplinary action was handled; both issues often appear in the same case. (Pages 83-85 and 97-105 may be of poor quality when reproduced because of marginal legibility.) (Author/JF)… [PDF]

(1968). "We've Promises to Keep…" Toward Equal Opportunity. This pamphlet notes the commitment of the National Education Association (NEA) to human rights and equal opportunity. Briefly presented are several programs and activities of NEA in these areas. A bibliography of relevant NEA publications is included. (NH)… [PDF]

Joughin, Louis (1968). The Role of the Student in College and University Government. If an institution of higher education is to function, it is necessary that all components–trustees, administration, faculty, and students–fulfill their individual responsibilities. However, students cannot fulfill their responsibilities for self-development unless they are allowed certain rights and freedoms. Any college or university can benefit from the talents of its students. To facilitate their involvement, institutions should: 1) provide for more information exchange; 2) consult with students; and 3) give students decision-making responsibility in many areas of university life and complete responsibility for some areas of student life. As \consumers\ of institutional services, students should be heard on all academic matters that concern them. The proper student role in non-academic life is difficult to discover, but a good beginning can be made in intensive cooperative study–such as that at Brown University and Pembroke College. A great deal of misunderstanding between… [PDF]

(1970). Manpower Services to Minority Groups: A Desk Reference for ES Personnel. This desk reference is designed to help Employment Service and other human resources personnel in providing manpower services to minority group members. While emphasizing the need for affirmative action with constant effort to improve training and employment opportunities for minorities, the document describes legal, economic, and cultural aspects of the problem and discusses possible solutions open to program staff. Expanded target audience selection, counseling, testing, training, placement, and job development are considered in this comprehensive guide for manpower personnel. (BH)… [PDF]

White, Jay Vincent (1972). Taxing Those They Found Here. An Examination of the Tax Exempt Status of the American Indian. In 1971, the Institute for the Development of American Indian Law was organized to develop a program which would begin to sort out the inconsistencies and contradictory doctrines blocking any final settlement of the rights of American Indians. The field of taxation is one in which conflicts have continually arisen. This text is intended to give tribal councils, individuals, tribal lawyers, and administrators working with Indian people a source document to aid them in understanding the complexity of the subject matter. The subject of Indian taxation involves tribal self-government, treaty rights, Congressional powers over individual Indians and tribes, and the relationship of tribal governments to state governments and agencies. The text outlines the problems which are encountered in the following topic areas: treaties, statutes and \attributes of sovereignty\; tax exempt Indians and the courts; tax exempt status of Indians in Washington State; and Washington and Public Law 280: The…

(1971). Political Legitimacy and Revolution. The brief article, intended for use as thought provoking instructional material for secondary students, focuses on the concept of political legitimacy and how it relates to revolution. The objective is to help students recognize that to be legitimate is to have society's approval. For example, the government of each nation within its own political culture is considered legitimate when the public's attitude toward the nation is positive. The public holds attitudes toward the process of selecting officials, certain obligations which the government has to its populace, guarantee of rights, and provision of goods and services. Although sometimes failing to provide output expected by the populace, the government still exists because, in many cases, effective political socialization tends to keep a government legitimate during periods of crisis. In conclusion, to remain legitimate, a government needs to reflect the values of its people. Three discussion questions follow the article. (SJM)… [PDF]