Monthly Archives: March 2024

Bibliography: Civil Rights (Part 889 of 996)

(1975). Arts and the Handicapped. An Issue of Access. A Report. A handicapped person's choice of accessible arts activities is very limited. This report focuses on the people and places now developing facility, planning, and program solutions that enable the handicapped to participate in the arts to their fullest potential. The 131 stories about outstanding facilities and programs, current legislation, and technical and design consultants serve as a foundation on which other schools, art institutions, and community centers can build a humane, totally accessible environment for the arts. The appendixes contain resource material including partial lists of nature centers, trails, and fragrance gardens, and of agencies that are interested in removing architectural barriers to the handicapped and that have produced literature on the subject, and a selected bibliography on barrier-free design. (Author/MLF)… [PDF]

Breland, Hunter M.; Breland, Nancy S. (1975). DeFunis vs. Odegaard and Some Inadequacies in Selection Models. Selection fairness is explored in the context of data from DeFunis v. Odegaard, the recent Supreme Court case, and societal demands for increased numbers of minority professionals. These models of selection fairness are considered: Clary's regression model, Darlington's subjective regression model, the equal risk model of Einhorm & Bass, Thorndike's constant ratio model, Cole's conditional probability model, and a new decision-theoretic utility model. Some formulations offer defensible theoretical positions, but all fail to provide a suitable basis for satisfying societal demands. It is concluded that all of these models would function better if the predictor were modified to include nonacademic measures. (Author)… [PDF]

(1976). Supreme Court of the United States Syllabus: Runyon et ux., dba Bobbe's School v. McCrary et al. Certiorari to the United States Court of Appeals for the Fourth Circuit. No. 75-62. Argued April 26, 1976–Decided June 25, 1976. This publication presents the full text of the U.S. Supreme Court's decision in Runyon et ux., dba Bobbe's School v. McCrary et al., as written by Justice Stewart. Also included are separate concurring opinions written by Justice Powell and Justice Stevens and a dissenting opinion written by Justice White, as well as a syllabus that summarizes the major issues in the case and outlines the main points of the Court's ruling. In its decision, the Court affirmed the decision of the Court of Appeals and held that U.S.C. section 1981 prohibits private, commercially operated, nonsectarian schools from denying admission to prospective students because they are Negroes. While it may be assumed that under the First Amendment, parents have a right to send their children to schools that promote the belief that racial segregation is desirable, it does not follow that the practice of excluding racial minorities from such schools is also protected. (JG)… [PDF]

White, Katie Kinnard (1976). An Analysis of the Process of Dismantling the Dual System of Public Higher Education as Related Specifically to Tennessee State University and the University of Tennessee in Nashville, Tennessee. The main objectives of the study were to determine: (1) the general status of predominantly black institutions in the total nationwide educational spectrum; (2) the historical information about Tennessee State University (TSU) and the University of Tennessee (UTN) pertinent to the dismantling controversy (Geier v. Dunn court case) in Nashville; (3) the plan being implemented in dealing with the dual system of public higher education in Nashville; (4) the general views of school administrators and state officials with regard to dismantling the dual system; and (5) the success of efforts to dismantle the dual system. It was found that the black colleges were rapidly losing status in the total nationwide educational spectrum and were educating a smaller percentage of college graduates than a few years ago. It was determined that there was no official plan for dealing with the dual system of public higher education in Nashville, and that school administrators and state officials did not… [PDF]

Purtle, John I. (1976). Will Your Due Process Procedures Keep You Out of Court?. Students do not leave their constitutional rights at the boundary of the school grounds. We would never send anyone to prison without a trial; to a lesser degree, expulsions and suspensions are in the same category. Your due process procedures should at least give a student (1) notice of the charges, (2) opportunity to be heard, and (3) opportunity to present witnesses. Private and parochial students are not guaranteed these rights. No matter how valid your procedure, you could still be in trouble if you violate a student's clearly established constitutional rights or if you act with malice. The more severe the penalty, the more elaborate your procedure should be. However, you are not required to set up a court-type hearing with cross-examination of witnesses by counsel. School officials generally have the right to inspect such school property as desks, lockers, rooms, and buses whenever they feel it necessary. However, generally a search warrant is necessary before a person or his… [PDF]

Davis, Lenwood G. (1975). A History of Black Religion in Southern Areas: A Preliminary Survey. In his introduction to this bibliography–which is organized into sections dealing with selected general reference works, selected black periodicals, and books–the compiler notes that this work is appropriate because a distinction should be made between the religion of Blacks in the North and the religion of Blacks in the South. There is also a difference between the early religious experiences of Blacks during the slave days and those Blacks living in the North during the same period. Many of the books listed make references to the religious conversions. The compiler contends that, historically, religion and the church have been the two major entities that have kept Black people and the Black community together. During slavery many Blacks expressed themselves in many ways to show their belief in God. Many of the early Black leaders were deeply religious men and women. Even during contemporary times, the most articulated Black leaders were and are religious men and women. The… [PDF]

Smith, Raymond C. (1975). Discipline, Corporal Punishment, and Suspension. During the past decade, and especially since 1970, there have been great changes in the manner in which students are disciplined. The greatest single influence has not been the effort of enlightened educators or crusading boards of education, but rather change has taken place mainly as a result of decrees from our judicial system. A review of court litigation reveals that a student does not give up any of his rights when he enters the schoolhouse; that students are entitled to be heard and to receive due process; that when a student's rights are being protected, the school need not be afraid to act; and that continued judicial impact on education should be expected. The best way to minimize the role of the courts in education is to eliminate violations of law and individual rights. This can be done by reviewing district policies and practices and by training administrators to use procedures that are both legally acceptable and administratively effective. As helpful as these…

(1972). Minority Groups in Medicine: Selected Bibliography. Listing materials on the problems of black, Spanish-surname American, American Indian, and other minorities as they relate to the health professions, the bibliography is offered as an introduction to a challenge in medical education. Indexed alphabetically by author, the 146-item listing includes periodical articles, special reports, books, and government documents and publications. (MW)… [PDF]

Tepper, Chester E. (1975). Administrative Responsibilities in Fair Dismissal Cases. Teacher dismissal is the culmination of a total process that involves hiring, evaluation, certification, and tenure. School administrators are advised to study the law, obey timetables, consult legal counsel, avoid interpreting law, proceed carefully, document all charges, and put important decisions in writing. Favorable decisions in dismissal cases are based on well-prepared, well-documented cases built on a valid reason. (Author/DW)… [PDF]

Centra, John A; Kuykendall, Nancy M. (1974). Women, Men and the Doctorate. This study describes the current status and professional development of a sample of women doctorates and compares them to a sample of men who have attained the same educational status. Chapters cover the sample and procedures used; employment patterns; doctorates in academe; publications, income, and job satisfaction; marriage and family life; graduate school experiences and reactions; attitudes towards women's rights; and summary discussion and implications. Statistical data are presented. (MJM)… [PDF]

Carter, Walter S., III (1974). An Analysis of Juvenile Court Laws in Mississippi. Statutory laws, case laws, and model laws have been provided in this report as a basis for comparing Mississippi's juvenile laws with other juvenile laws. Since legislation concerning juvenile courts is vast, complete legislation is only provided for the State of Mississippi and two model juvenile court acts. Discussion, however, is provided which depicts the status of legislation of other States concerning certain areas of juvenile court law which appear to be of concern to many State legislators. The areas of concern discussed include right to counsel, admissibility of statements, right to trial by jury, right to pretrial release, fingerprinting, publicity of juvenile proceedings, inspection of juvenile records, and expungement of juvenile records. Mississippi case law and other case law are also discussed, and recommendations for legislative action presented. (Author/JF)… [PDF]

Floyd, Harold William (1972). A Study of Student Rights and School Authority with Regard to Long-Term Suspensions. The specific objectives of this study were to survey the implementation at Las Cruces High School, New Mexico, of an appeal board through which students may appeal suspension recommendations of over 5 days; to review the issues behind the student rights movement; to define and evaluate the invariant structure of authority in the school; to evaluate the attitudes of students, parents, and teachers regarding the "new due process"; and to establish or disestablish validity for the hearing board. Questionnaires were distributed to teachers, students, and parents of students at Las Cruces High School. The answers for the various subgroups were calculated into percentages and categorized, according to the 8 questionnaire items, into 3 or 4 possible answers. Major findings were that analysis of student rights, due process, and administrative procedures cannot be made apart from analysis of institutional goals with regard to student offenders and that the majority of respondents… [PDF]

Soar, Robert S.; And Others (1972). Factors Affecting Pupil Cognitive Growth in Disadvantaged Children. As part of the evaluation of project Follow Through, the Institute for Development of Human Resources of the University of Florida collected observational data in a sample of classrooms representing a number of experimental programs. Three waves of data have been collected: 70 classrooms each in the winters of 1969 and 1970, and 289 in the winter of 1971. Two goals of this project were: (1) to describe in behavioral terms the differences among the programs as observed in the classrooms, and (2) to relate these behavioral dimensions to pupil growth. The observational measures were selected from already existing instruments and represented a broad conception of classroom interaction as it has been developed over the past years. The instruments ranged from one with very extensive research background to two with some previous use and to one which was newly developed from work of others. To enable study of relations between measures of classroom observation and pupil growth, Stanford… [PDF]

(1976). Options in Education, Transcript for February 16, 1976: National Commitment to Equal Rights & Equal Educational Opportunity, Racial Conflict in the Classroom, Setting Up a Publishing Business, and Women in Education (Mathematics and Sex). "Options in Education" is a radio news program which focuses on issues and developments in education. This transcript contains discussions of the national commitment to desegregated education, racial conflict in the classroom, learning how to set up a publishing business, women in education (mathematics and sex) and education news highlights. Participants in the program include John Merrow and Wendy Blair, moderators; Nathaniel Jones, of the NAACP; students Nan Parati and Belinda Shivers; Ernest Green, of the Recruitment and Training Program, Inc.; author Jonathon Kozol; Julia and Frank Markus; John Ernest; and Sheila Tobias. (JM)… [PDF]

Fisher, B. Jeanne (1978). The Bakke Case: Part 1–The Issues. Journal of College Student Personnel, 19, 2, 174-9, Mar 78. This article describes the controversy over the legal, political, and moral issues of reverse discrimination, racial justice, and the future of affirmative action programs. Educators must understand the arguments on both sides in order to seek creative solutions to the potential problems raised for higher education. (Author)…

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Bibliography: Civil Rights (Part 890 of 996)

Allen, Robert (1978). The Bakke Case and Affirmative Action. Edcentric, 42, 10-2, Spr 78. The decision in the Bakke case will not only affect affirmative action programs in education but in employment, housing, and other fields. Charges of "reverse racism" are being used to reverse the limited gains made in two decades. Affirmative action is necessary because institutional racism exists in our society. (SW)…

Newell, Lisa (1977). A Right of Access to Student Newspapers at Public Universities. Journal of College and University Law, 4, 3, 209-22, Spr 77. A university's affirmative responsibility to maintain access to university facilities for first amendment activity may conflict with its equally compelling duty to restrain from interfering with first amendment activity. This dilemma is considered with regard to Mississippi Gay Alliance vs. Goudelock, a case involving editorial censorship of an advertisement. (LBH)…

Boulding, Elise (1977). Children's Rights. Society, 15, 1, 39-43, Nov-Dec 77. Since children represent well over 50 percent of the world's population and are completely excluded from reporting, evaluating, and policymaking processes, an opening up of these processes to all young persons would in the long run represent a revolution of unimaginable proportions. (Author/AM)…

Alexander, Sharon J. (1977). Protecting the Child's Rights in Custody Cases. Family Coordinator, 26, 4, 377-82, Oct 77. Guidelines which reflect the level of the parents' legal involvement is advocated to protect the child's "best interests": when parents choose mediation, a specialist in child custody is appointed to educate and assist in the decision-making process; when parents choose litigation, counsel is appointed to represent the child. (Author)…

Rist, Ray C. (1977). Imperatives of Integration. Society, 14, 4, 32-4, May-Jun 77. Asserts that the rights and liberties of minority children to equal protection under the law and equal access to public facilities and resources are not to be negotiated on the basis of some bit of data. These prerogatives for minority children, and in the final analysis for all of us, exist as a result of the political and moral visions we hold of ourselves as a nation. (Author/JM)…

Millner, Steven M. (1987). Deep South Forms of the New Racism. Western Journal of Black Studies, v11 n1 p39-46 Spr. Attempts to pinpoint dynamics that influence and shape race relations in several southeastern states. The most important trend is the emergence of a New Racism, consisting of the following; (1) the power component; (2) the media component; (3) the avoidance impulse; and (4) impersonal police repression. (PS)…

Irvin, Larry K.; Singer, George S. (1987). Human Rights Review of Intrusive Behavioral Treatments for Students with Severe Handicaps. Exceptional Children, v54 n1 p46-52 Sep. A rationale for the establishment of human rights review procedures within local education agencies is presented, focusing on students who have severe behavior problems with or without mental retardation, for whom intrusive behavioral treatments are considered. Topics discussed include informed consent, committee review, due process, and least restrictive alternative treatment. (Author/JW)…

Jaschik, Scott (1987). Ala. Court Ruling Seen Making Segregation at State Colleges More Difficult to Prove. Chronicle of Higher Education, v34 n7 pA1,30-31 Oct 14. A federal court ruled that the Justice Department had failed to prove that Alabama's public colleges and universities were segregated. The Justice Department had argued that the entire state system was segregated, instead of offering evidence that specific programs receiving federal money had violated the anti-bias laws. (MLW)…

McDonald, Diane K. (1985). Contract, A Property Right Under the Fourteenth Amendment? Vail v. Board of Education. College and University, v11 n4 p445-64 Spr. A 1976 court opinion that federal court is not an appropriate forum for reviewing public agency employment is undermined in a 1983 ruling that a teacher employment contract creates a property right sufficient to raise a claim. This conflicts with established doctrine and creats new uncertainty in public employment contract disputes. (Author/MSE)…

Mitchell, Mozella G. (1987). The Quest for Human Rights: Human Paradox. Journal of Intergroup Relations, v15 n1 p18-22 Aug. The dream of equality for blacks is being challenged by reversion to former prejudices and practices, by new legislation which retards forward movement, by law enforcement officers allowed any means to achieve their objectives, by gradual and half-hearted commitment to change, by a new global perspective, and by religion. (PS)…

(1987). What Is Justice. Update on Law-Related Education, v11 n2 p44-46 Spr. Provides a lesson intended to stimulate students' interest in the concept of justice and to focus attention on how the U.S. Constitution protects and promotes justice. (JDH)…

Anthes, Susan H.; Crowe, Lawson (1988). The Academic Librarian and Information Technology: Ethical Issues. College and Research Libraries, v49 n2 p123-30 Mar. Explores value conflicts and ethical dilemmas arising from the more substantive role required of the academic librarian by technological developments. Discussion focuses on the interactions of social values, values of professional librarianship, and personal values of the librarian and the user, with the ethical requirements inherent in information mediation. (18 references) (Author/CLB)…

Jacobs, Rita (1988). Search and Seizure. Social Studies Review, v27 n2 p16-36 Win. Offers an eight-day unit on search and seizure for high school students. Includes condensed versions of famous court decisions, teaching materials, and day-by-day teaching procedures. (JDH)…

Cole, Elsa Kircher (1986). Recent Legal Developments in Sexual Harassment. Journal of College and University Law, v13 n3 p267-84 Win. Changes in sexual harassment theory, including those in the Supreme Court decision of Meritor Savings Bank v. Vinson, are discussed. The use of the equal protection clause, Title IX, and tort law are described. Policies and complaint procedures that colleges should develop to encourage the reporting of sexual harassment are outlined. (Author/MLW)…

Haiman, Franklyn S. (1985). What Is the Status of Free Speech in America?. Update on Law-Related Education, v9 n2 p10-13,29-30 Spr. Supreme Court rulings of the last five years regarding freedom of speech are examined. There have been a wide range and variety of free speech developments during this period. (RM)…

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