Copus, David A.; Lindsay, Ronald (1984). Firefighters versus Stotts: The End of Quotas?. Journal of the College and University Personnel Association, v35 n4 p16-21 Win. The Supreme Court has ruled that a federal district court had no authority to require a municipal employer, in violation of the seniority provisions of its collective bargaining agreement, to lay off more senior White firefighters before laying off Black firefighters. (MLW)…

Murray, Hugh (1987). Review Essay: Du Bois and the Cold War. Journal of Ethnic Studies, v15 n3 p115-24 Fall. This critique of Gerald Horne's book, "Black and Red," points out the confusion, disorganization, errors, and omissions which make itdifficult to read and understand. However, the importance of the book is its contribution of raw material to the knowledge about Du Bois during his last fifteen years. (VM)…

Bullard, Robert D. (1987). Blacks and the New South: Challenge of the Eighties. Journal of Intergroup Relations, v15 n2 p25-39 Sep. Discusses changes that took place in the South during the 1970s and early 1980s. Explores the distribution of benefits and negative side effects associated with rapid economic development, industrial expansion, and business growth. However, a sizeable share of the black community was untouched by the region's growth and prosperity. (PS)…

Winkler, Karen J. (1988). Historians Urge Full Accounts of the 1960's. Chronicle of Higher Education, v34 n30 pA4,5,10 Apr 6. According to some historians, many scholars studying the 1960s have ignored key aspects of the decade, including the conservative movement in American politics, the contributions of women, continuity in a time of social change, and the economic results of activism. (MSE)…

Pogrebin, Mark (1987). The Effect of Jail Reform Policies on Guard/Management Relations. Journal of Offender Counseling, Services & Rehabilitation, v12 n1 p91-100 Fall-Win. Interviewed 60 jail corrections officers in four types of jails to examine views about working relations and judgments of institutional policy. Respondents reported feeling unappreciated by superiors and powerless in relation to inmates. Officers were caught between administration demands for safety and recently acquired rights of inmates. (NB)…

Santiago, Gloria Bonilla (1986). Puerto Rican Migrant Farmworkers: An Untold Story. Migration World, v14 n4 p14-18. Details the history and activities in New Jersey of "El Comite de Apoyo a los Trabajadores Agricolos" (CATA) or Farmworkers' Support Committee. The Committee was founded in 1979 to help Puerto Rican migrant workers who suffer from social and political isolation and are denied basic rights. Successes, goals, and problems are noted. (PS)…

Baumann, Fred (1986). The Latest Apologias for Preferential Treatment. New Perspectives, v18 n1 p18-23 Win-Spr. The arguments in favor of preferential treatment for some groups are faulty. An examination of these arguments is included. Although victims of discrimination should be helped, programs should promote race-, gender- or ethnically conscious hiring. Affirmative action has led to a increase in bureaucratically-caused discrimination. (PS)…

Greenawald, Dale (1987). Freedom of Speech and Expression. Update on Law-Related Education, v11 n1 p23-24 Win. Using three landmark U.S. Supreme Court cases, this lesson teaches students in grades seven through twelve about the benefits and limits of free speech. (JDH)…

Sherrill, Sam (1984). Toward a Coherent View of Evaluation. Evaluation Review, v8 n4 p443-66 Aug. This article offers an integrated approach to government program evaluation and an organizational model that clearly identifies the central role of evaluation in organizational life. This view includes: outcome evaluation; benefit-cost analysis; human rights; the level and distribution of benefits, costs, and rights; and a systems model of organizations. (BS)…

Aoki, Koji; McCarthy, Martha (1984). The Right to Education in Japan. Journal of Law and Education, v13 n3 p441-52 Jul. Reviews the governance of Japanese public schools since World War II. Unlike the United States, the Japanese government has centralized control of education, and the courts defer to government authority in educational matters. (MD)…

Henderson, Donald H. (1985). The Constitutional Rights of Probationary Teachers: Improper Assessment May Be Costly to School Boards. Journal of Law and Education, v14 n1 p1-21 Jan. Litigation by nontenured teachers in contract nonrenewal disputes usually involves claims of violation of speech, liberty, contractual, or privacy rights. School boards should be certain that the cause for nonrenewal of a probationary teacher's contract is not in violation of a protected right. (MLF)…

Jensen, Donald N.; Kirp, David L. (1983). The New Federalism Goes to Court. Phi Delta Kappan, v65 n3 p206-10 Nov. Although judicial influence in education seems to have faded since 1973, the federal government's diminished involvement in educational support and policymaking may result in a new wave of reform if challenges to the nonenforcement or rewriting of existing statutes providing services to disadvantaged groups are brought to court. (MJL)…

DeMartini, Joseph R. (1983). Social Movement Participation: Political Socialization, Generational Consciousness, and Lasting Effects. Youth and Society, v15 n2 p195-223 Dec. Reviews seven studies of former student activists to determine if they maintain political beliefs and behaviors consistent with those they exhibited during their participation in the earlier social movements. Explores the question of what accounts for the maintenance of, or change in, beliefs and behaviors over time. (CMG)…

Showell, Betty (1976). The Courts, the Legislature, the Presidency, and School Desegregation Policy. School Review, 84, 3, 401-16, May 76. Focuses on school desegregation as a result of institutional policies, on the legal and extralegal policies that generated and perpetuated racial segregation in public education. (Author/RK)…

Partridge, Arthur R. (1976). Student Rights and Responsibilities: What Are the Problems. Colorado Journal of Educational Research, 15, 3, 9-17, Spr 76. The author feels that school boards and administrators do have the power to govern their school systems provided they recognize that students have constitutionally guaranteed rights–(1) free expression, (2) due process, (3) privacy, (4) equality, and (5) quality education. (MB)…

Simms, William E. (1976). Guest Editorial: Black Colleges–Bicentennial Offers Little Hope. Journal of Negro Education, 45, 3, 219-224, Sum 76. Argues that as the black college enters the third century, like black people, it must face several critical issues. First, Federal legislation has failed in the past to make the dream for equal opportunity a reality. Second, the resolution of many deeply rooted social problems both in and out of education is distant. And third, racism is still prevalent in the minds of legislators and regents. (Author/JM)…

Druyan, B. Martin (1976). After Albemarle: Class-wide Recovery of Back Pay Under Title VII. Fordham Urban Law Journal, 4, 369-83, 76. The back pay award has become a formidable weapon in the hands of employee plaintiffs since the Albemarle Paper Co. v. Moody decision. Recent case law developments are reviewed and their implications for both employers and unions discussed. (LBH)…

Kilberg, William J. (1976). Application of Equal Employment Laws to Higher Education. Journal of the College and University Personnel Association, 27, 2, 23-7, Apr-May 76. The philosophical challenge posed by segments of the higher education community regarding equal pay and affirmative action is addressed by the U.S. Department of Labor solicitor. (LBH)…

Albus, Deb; Thurlow, Martha (2005). Beyond Subgroup Reporting: English Language Learners with Disabilities in 2002-2003 Online State Assessment Reports. ELLs with Disabilities Report 10. National Center on Educational Outcomes Although No Child Left Behind legislation does not require states to report enrollment, participation and performance data for English language learners (ELLs) with disabilities either online or in print-based reports, there is increasing interest in the academic success of this subgroup of students, estimated at about 357,325 nationwide (Zehler, Fleischman, Hopstock, Pendzick, & Stephenson, 2003). This interest is heightened by the fact that the current context of grade level standards-based reform has prioritized the educational success for all students, including those with limited English proficiency who also have disabilities. As the consequences associated with assessments increase and as the number of students who are English language learners with disabilities increase, it is likely that states will determine that it is important not only to keep track of their assessment data but also to publicly report those data. The purpose of this report is to examine the extent to which… [PDF] [Direct]

(2003). Education for Democracy. Albert Shanker Institute More than 15 years have passed since publication of "Education for Democracy: A Statement of Principles", in which perspective and encouragement were offered to teachers and schools to instill in students an attachment to democratic values and institutions. In the wake of the attacks of September 11, 2001, this call is being renewed. Citing lack of knowledge of our past as Americans, deteriorating attitudes toward political involvement, and general moral confusion, the 145 signatories of this document note that individuals are not born democrats, but that students must be prepared to understand and value the heritage of a democratic tradition. Four essentials are proposed for schools and discussed: (1) Robust history/social studies curricula, starting in the elementary years and continuing though every year of schooling; (2) Full and honest teaching of the American story; (3) Unvarnished accounts of what life has been and is like in nondemocratic societies; and (4)… [PDF]

(2003). Brief of the American Educational Research Association, the Association of American Colleges and Universities, and the American Association for Higher Education as Amici Curiae in Support of Respondents. In the Supreme Court of the United States, Barbara Grutter, Petitioner, v. Lee Bollinger, et al., Respondents on Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit. This legal document asserts that the judgment of the Court of Appeals upholding the constitutionality of the University of Michigan Law School's race-conscious admissions policy should be affirmed. It argues that research evidence in the record supports the compelling interest in promoting educational diversity (the Gurin Report supports the compelling interest in promoting educational diversity, and the "strong basis in evidence" requirement is not mandated for non-remedial university admissions). It also argues that research studies support the Law School's compelling interest in promoting educational diversity (student body diversity improves education outcomes in legal education, and student body diversity and diverse learning environments challenge racial stereotyping in education). Finally, it asserts that the Law School's admissions policy is narrowly tailored to promote educational diversity (the Law School's admissions policy employs race modestly and flexibly,… [PDF]

Perry, Douglas (2000). Court Documents Related to Martin Luther King, Jr., and Memphis Sanitation Workers. The Constitution Community: Postwar United States (1945 to Early 1970s). During inclement weather in Memphis, Tennessee in February 1968, two separate incidents caused black sanitation workers to strike for job safety, better wages and benefits, and union recognition. Mayor Henry Loeb was unsympathetic and opposed to the union. Martin Luther King agreed to lend his support to the sanitation workers and spoke at a rally in Memphis on March 18, 1968. He promised to lead the large march and work stoppage planned for later in the month. Unfortunately, violent disturbances at the march prompted the city of Memphis to bring a formal complaint in the District Court against King and his associates in the Southern Christian Leadership Conference. This lesson relates to two clauses in the First Amendment in the Bill of Rights, which ensure individuals the right to assemble peaceably and to petition the government for the redress of grievances. As primary source documents, the lesson presents Defendants' exhibits 1 and 2 in "City of Memphis v. Martin Luther… [PDF]

Taylor, Kelley R. (1997). Student-to-Student Sexual Harassment in Schools: Old Myths, New Realities. A Legal Memorandum, Sep. For many students in the 1990s, school is no longer a safe environment in which they feel free to learn. This brief is intended to dispel myths about peer sexual harassment and clarify the new realities of the phenomenon in schools. The brief also conveys the message that school administrators have a duty to foster a school environment based on mutual respect and to adopt a \no tolerance\ policy toward harassment, sexual or otherwise. The brief outlines steps for recognizing peer sexual harassment (by deconstructing nine myths and explaining conditions under which schools will be held liable); preventing peer sexual harassment (by developing a comprehensive school policy); and enforcing the rules (by setting out the components of a model policy–investigation, documentation, and followup). (Contains 58 endnotes.) (LMI)…

Furlott, Sheri (1996). Curriculum Project: Outline for a Slide Illustrated Lecture on Education Reform in South Africa. Fulbright-Hays Summer Seminar Abroad 1996 (South Africa). This project attempts to identify the major problems underlying education reform in South Africa and compares them with similar challenges facing the District of Columbia public education system. Narration for the slide program is based on interviews, formal and informal meetings, lectures, and briefings. Slides of various schools and communities provide additional insights into the organization, inhabitants, and functions of specific environments and populations. The paper provides a geographic overview, a historic overview, and an examination of apartheid conditions; it also examines current challenges in politics, economics, health, and education. (EH)… [PDF]

Morosky, Frank N. (1994). Workplace Accommodations for Persons with Musculoskeletal Disorders. Implementing the Americans with Disabilities Act Series. This brief paper summarizes requirements of the Americans with Disabilities Act (ADA) of 1990 related to workplace accommodations for persons with musculo-skeletal disorders. The following topics are addressed: (1) the relevance of the ADA to people with musculo-skeletal disorders; (2) employment provisions of the ADA to protect individuals with such disabilities during the job application process (including prohibition of questions regarding an applicant's medical history); (3) what is meant by "reasonable accommodation" under the law; (4) examples of accommodations for people with musculo-skeletal disorders, including engineering and administrative accommodations; (5) relevance of the law to employees returning to work after a workers' compensation situation; (6) ways to maximize the employee's potential for success; and (7) long-term financial and other advantages to the employer of compliance with the ADA. A listing of eight resources is provided. (DB)… [PDF]

Golden, Thomas P. (1994). Working Effectively with Employees Who Have Sustained a Brain Injury. Implementing the Americans with Disabilities Act Series. This brief paper summarizes requirements of the Americans with Disabilities Act (ADA) of 1990 related to employment of people who have a brain injury. The following topics are addressed: what is meant by a brain injury; implications of the ADA for individuals who have sustained a brain injury (such as the importance of identifying essential job functions); possible accommodations for an applicant or employee who has sustained a brain injury; and tips for on-the-job training. Accommodations are suggested for the employee selection process and for enhancing productivity on the job. In selecting an accommodation the importance of individualization is stressed, since support needs of such individuals may vary widely. A listing of seven resources is provided. (DB)… [PDF]

(1995). La Igualdad de Genero para Educadores, Padres, y la Comunidad (Gender Equity for Educators, Parents, and the Community). Equity in Education Series. Classification of people according to gender begins in infancy. This booklet aims to remove some old ways of thinking that limit expectations for girls and boys. It also clarifies for educators, parents, and the community specific elements of the federal legislation called Title IX. Title IX of the Education Amendments of 1972 was the first comprehensive federal law that prohibits discrimination based on the sex of students and employees of educational institutions. Not only does it make it illegal to treat men and women differently, but it requires school districts to remedy the effects of past discrimination. The booklet reviews the requirements and effects of Title IX in the following chapters: (1) "Introduccion" [Introduction]; (2) "Que Es el Titulo IX?" [What Is Title IX?>; (3) "La Igualdad de Genero y las Expectativas" [Gender Equity and Expectations]; (4) "Fomentar la Igualdad de Genero: El Papel de Administradores, Maestros, y Padres"… [PDF]

Hansen, W. Lee, Ed. (1998). Academic Freedom on Trial: 100 Years of Sifting and Winnowing at the University of Wisconsin-Madison. The 29 papers in this collection celebrate academic freedom at the University of Wisconsin-Madison and are organized around the 1894 "trial" of Richard T. Ely, an economist who was exonerated of fomenting unrest and discussing "dangerous" ideas in a Board of Regents Statement which stressed the importance of "sifting and winnowing" ideas to determine the truth. The papers are: "Sifting and Winnowing: The Historical Context" (John D. Buenker); "An Aristocrat on Trial: The Case of Richard T. Ely" (Theron F. Schlabach); "Sifting and Winnowing: A Chapter in the History of Academic Freedom at the University of Wisconsin" (Theodore Herfurth); "Now You See It, Now You Don't: The Plaque Disappears" (Arthur Hove); "'That Little Pill': Richard T. Ely and the Emerging Parameters of Professional Propriety" (Benjamin G. Rader); "The First Economist at Wisconsin, 1892-1925" (Robert J. Lampman, David B….

Sayed, Yusuf (2002). Exclusion and Inclusion in the South with Special Reference to South Africa. This working paper examines whether the concept of social exclusion, including educational exclusion, adds values to the understanding of poverty. It focuses on educational exclusion and inclusion in South Africa. The paper states that the issues are complex and that educational inclusion requires careful consideration of every aspect of schooling and societal context. Innovative approaches to educational inclusion will need to address issues at macro, micro, personal, and interpersonal levels. Connections between school and community cultures have to be drawn, as well as connections between educational and community programs of inclusion. The concepts of inclusion and exclusion press for much closer conscious and self-conscious consideration of identity and role: who is doing the excluding and including; who is choosing the excluding and including; how these processes of inclusion and exclusion are facilitated; and what are the dominant views and relations of social, economic, and… [PDF]

(1999). The M'Clintock House: A Home to the Women's Rights Movement. Teaching with Historic Places. This lesson is based on the National Register of Historic Places registration file "Women's Rights Historic Site Thematic Resources" and other sources on the M'Clintock House and women's rights. The lesson is about a house located at 14 East Williams Street in Waterloo, New York, where on July 16, 1848, five women, including Elizabeth Cady Stanton and Lucretia Mott, met to draft a document that outlined their views on and complaints about the role of women in society. This lesson may be used in teaching units on 19th-century social reform or women's history. The lesson is divided into the following sections: (1) "Setting the Stage: Historical Context"; (2) "Locating the Site: Maps" (Western New York State and Surrounding Region, Waterloo and Seneca Falls); (3) "Determining the Facts: Readings" (The M'Clintock Family, American Women in the Mid-19th Century, Declaration of Sentiments; The Life of Elizabeth M'Clintock); (4) "Visual… [PDF]