Monthly Archives: March 2024

Bibliography: Civil Rights (Part 911 of 996)

Dodd, Donald B.; Rabin, Jack (1973). The \ERA\ Comes to New Columbia. . A game designed to introduce secondary and college students to the legislative process and the issues surrounding the Equal Rights Amendment through simulation and role playing is presented. The simulation places the student in the role of a member of the Senate Judiciary Committee of the State Legislature of the hypothetical state of New Columbia. At stake is whether or not the committee will recommend to the State the passage of the Equal Rights Amendment which states that \equality of rights under the law shall not be denied or abridged by the U.S. or any state on account of sex.\ The student plays one of seven roles corresponding to the many pro and con opinions that have been expressed about the amendment. Step by step procedures lead students into three rounds (taking approximately 40 minutes) where they: (1) review the task in front of them, (2) attend a strategy-negotiation session where coalitions and compromises can be made, and (3) attend a voting session where debate and… [PDF]

(1970). Technical Assistance Survey, Calender Year 1969. Final Report. This document reports and analyzes direct technical assistance to school districts for the calendar year 1969. More than 6,400 requests for technical assistance were serviced from 1,300 school districts; approximately three-fourths of these requests were from Southern and border states. A major service was assisting school systems with the development of comprehensive desegregation plans. Other forms of assistance included disestablishment of dual school systems and operation of training programs, workshops, and summer institutes. (Author/DM)… [PDF]

Brandes, Ely M. (1969). The Labor Movement and the Student Revolt: An Attempt at Historical Analogy. In an attempt to predict the outcome of the revolution of students that is now occurring in the U.S., an analogy is drawn between a similar social revolution, the American labor union movement of 1870 to 1940. Both movements began as revolutions designed to gain equality and power for disenfranchised minorities. Although the issues disputed by labor-management differ in many respects from the demands of student rights. Basic similarities in the social and political environments surrounding the emergence of both movements include: (1) Lack of support from the established political parties, (2) presence of some support from the intellectual community, and (3) generally hostile public reactions to the movements. The labor movement eventually achieved the right to bargain collectively as equals in return for their pledge to support the established American political and economic system. The analogy suggests that resolution of the student revolt will require both a recognition of… [PDF]

Myers, Lowell J. (1968). The Law and the Deaf. Intended for the professional workers with the deaf as well as for members of the legal profession, the text considers problems, including interpretation, that the deaf may have in coopeating with the legal system. Specific areas of legal concern covered include the following: contracts and relationships, injuries and accidents, criminal offenses, and governmental and administrative matters. (JD)… [PDF]

(1973). Enhancing Female Participation in the Junior Reserve Officer Training Corps Program. Report to the House of Representatives, Ninety-third Congress, First Session. The purpose of this bill is to eliminate the present exclusion of females from the minimum number of 100 students necessary to maintain a Junior Reserve Officer Training Corps unit. Current law requires that only male students be counted. This bill would permit females to be counted, a change wholly consistent with military services policy of full and equal opportunity in the Armed Forces. It is viewed as a logical extension of the college Reserve Officer Training Corps program, already accepting the enrollment of women. The committee on Armed Services, on October 2, 1973, a quorum being present, recommended enactment of H.R. 8187 without an amendment. No increased cost will result from enactment of this bill. The Department of the Navy, in behalf of the Department of Defense, strongly recommends enactment of this legislation. (Author/MW)… [PDF]

(1974). The Rights of Children. Harvard Educational Review Reprint No. 9. Harvard Education Review, v43 n4 and v44 n1 1973-1974. This collection of articles describes the institutions, policies, and professionals that shape, curtail, and delineate children's lives. The basic premise underlying the discussion is that children are equal persons under the law with rights, as opposed to needs, which connote dependency. The collection is divided into three main parts dealing with the following topics: (1) children and the law and the philosophic justifications for the rights of children; (2) advocacy for children, considering the balance between the interest of the state, the family, and the child in four articles; (3) various social agencies and the impact of their policies on children. Such policies deal with juvenile justice, foster care, child abuse, classification of students, amphetamines and children, radical correctional reform, and the mislabelling of children as mental retardates. Book reviews covering the history of children in America, child care, marriage, parenthood, family, and student rights…

Butler, Johnnella; Marable, Manning (1974). The New Negro and the Ideological Origins of the Integrationist Movement. The literature of the Negro Renaissance needs to be re-examined from the purview of the pervasiveness of the conflicts apparent in such literary themes as the tragic mulatto, the glorified and idealistic African past, the alienation from American culture, and an implied, and at times overt, self-hatred. The Renaissance literature reflects the reality of the Negro as he indeed perceived himself regardless of color–the reality of the psychological mulatto. Histroically, black scholars must re-evaluate the origins of the integrationist movement. Even now most refuse to ask themselves if it was relevant to the African-American working class laborers and farmers whether or not a few Negroes got \equal opportunity\ to become part of white America. Literary and other cultural aspects of the black American experience must be employed in the historiography of analyzing such questions as: Who really wanted this struggle for total assimilation in white culture and economics? Why is it that… [PDF]

Fisher, B. Jeanne; Fitzgerald, Laurine E. (1974). Legal Issues: Status Report. The paper provides information concerning legal issues relating to sex bias which may be inherent in the present popular usage of standardized interest measurement instruments, focusing on current laws and guidelines, and the possible implications of judicial decisions which relate to sex bias and interest testing in education and employment settings. No test case has included or noted interest measurement instruments; employing the method of \doctrine of analogy,\ however, inferences regarding the legal issues have been drawn. To the extent that interest inventories support stereotypic sex and occupational linkages or restrictions, the tests are biased; should a sex-biased instrument discourage an applicant from educational or employment opportunity, or be used in a negative decision in the case of the applicant because of differentiating scales or inappropriate sex-based normative data, then it would appear that the spirit of the law was denied. Two remedies seem clearly… [PDF]

(1974). Indian Voices: The Native American Today. The Convocation of American Indian scholars was conceived, organized, and directed by the American Indian Historical Society. The first convocation was held at Princeton University in 1970. Unlike conventions, the convocations are called when emergencies in Indian life exist, when changes are needed, and when new directions are emerging. This second convocation responded to the desperate struggle of the Indian people to protect their rights, particularly in the area of natural resources. With the exception of a specialist on water rights, the meeting was restricted to Indians. It was also felt that the convocation should stir up ideas and independent thought in education, curriculum development, and health professions. This report is offered as a means of communicating what the Indians themselves think about the issues confronting them today. It is also emphasized that the participants were individuals involved in Indian affairs who do not necessarily speak for their tribes or…

(1970). The Status of School Desegregation in the South, 1970. A Report. In order to determine the quality and extent of school desegregation in the South, the authors of this report examined numerous desegregation plans accepted by the Federal government; monitors were sent to over 400 desegregating school districts. The investigators found that: (1) the government's figures on desegregated systems are misleading because individual schools often remain segregated; (2) often the burden has been placed on black schools and parents; (3) within "desegregated" schools, widespread segregation in classrooms and buses and relating to many of the extra-curricular activities still persists; (4) black teachers and staff have been dismissed or demoted; and, (5) the Health, Education and Welfare and the Justice Departments have accepted some desegregation plans which result in resegregation. Underlying these problems is the mistaken belief that desegregation is simply the mixing of black and white students and no more; little attention is considered to… [PDF]

DeMitchell, Todd A. (1977). The \Lau\ Decision and Higher Education. College Student Journal, 11, 4, 344-5, W 77. This article is to raise questions and stimulate awareness of possible legal ramifications of one level of education being extended to a higher level of education. The Lau v. Nichols decision was chosen. The college administrator needs to be aware of this possibility of extension. (Author)…

Stern, Lynne Rothschild (1976). Retroactive Seniority as a Remedy for Title VII Violations: Relief to Newly Hired and Incumbent Employees in Light of Franks v. Bowman. Loyola Law Review, 22, 4, 923-61, F 76. Franks v. Bowman Transportation Co. set forth the principles for determining whether a seniority system violates Title VII and awarded retroactive seniority to a limited group of employees previously denied employment due to their minority status. This ruling is examined in terms of the rights of non-minority employees. Available from: Loyola University, New Orleans, La. 70018. (LBH)…

Reitman, Alan (1988). Corporal Punishment in Schools–The Ultimate Violence. Children's Legal Rights Journal, v9 n33 p6-13 Spr. In a question-and-answer format, the issue of corporal punishment is discussed, focusing on: its definition, history of the anti-corporal punishment movement, reasons for support of corporal punishment by educational authorities, constitutional protections under the Fifth and Eighth amendments, results of court cases, and methods for eliminating use of corporal punishment. (JDD)…

Pangle, Thomas L. (1987). The Constitution's Human Vision. Public Interest, n86 p77-90 Win. Discusses traditional concepts of tradition, religion, commerce, and family life. Points out innovative philosophies held by the Founding Fathers which shaped the Constitution. The subsequent moral revolution needs to be reconsidered in light of the Founding Fathers' intent. (PS)…

Sorenson, Donna (1987). Introducing the First Amendment. Update on Law-Related Education, v11 n1 p25 Win. Offers a lesson plan for teaching upper elementary and middle school students about the First Amendment. The lesson begins by inviting students to censor government criticism in the local newspaper and may be expanded to include an introduction to the Bill of Rights. (JDH)…

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Bibliography: Civil Rights (Part 912 of 996)

Muffler, John P. (1986). Education and the Separate But Equal Doctrine. Black Scholar, v17 n3 p35-41 May. Examines the historical evolution of the \separate but equal\ doctrine as it applies to education. Problems of definition as well as subtle forms of continuing segregation (such as discrimination in housing, selection of school district boundaries and \ability grouping\) have prevented the attainment of equal education promised by the Brown decision. (ETS)…

Berns, Walter (1984). Affirmative Action vs. the Declaration of Independence. New Perspectives, v16 n1 p21,27-28 Sum. Reverse discrimination is an effect of affirmative action that cannot be overlooked: it is discriminatory and it has victims. If laws may be used to discriminate against Whites, they may once again be used to discriminate against Blacks if we do not retain our respect for equal rights. (Author/KH)…

Shapiro, Charlotte (1984). We'll Sue Your School Board to Win Equity for Women Administrators. American School Board Journal, v171 n5 p43-45,47 May. Women continue to hold relatively few positions as school administrators; old boy networks, resistance to the idea of female authority figures, and the absence of affirmative action policies make it increasingly necessary to seek redress through lawsuits. The inaction of schools on Long Island, New York, exemplifies a national problem. (JBM)…

Bernard, Jessie (1976). Where Are We Now? Some Thoughts on the Current Scene. Psychology of Women Quarterly, 1, 1, 21-36, F 76. This speech, presented at the American Psychological Association meeting in Chicago, 1975, discusses various forms of discrimination against women, how women must cope with this discrimination, and federal legislative efforts to reduce this problem. (Author/HLM)…

Oaks, Dallin H. (1977). Federal Regulation and the Constitution. AGB Reports, 19, 1, 41-6, Jan/Feb 77. Most of the federal intrusion has come from the bureaucracy. The author believes that the U. S. Constitution offers protections against much federal over-regulation, and hopes that individual institutions will use them. (Editor/LBH)…

Holman, Margery; Moriarty, Richard (1995). Sexual Harassment and Sexual Assault in Canadian Sports and Courts. Sexual harassment is deemed a violation of the Canadian Charter of Rights and Freedoms which provides protection from discrimination based on sex. Provincial jurisdictions may offer legislation more stringent than that reflected in the Canadian code. Recourse for acts of sexual harassment through the courts is sought by alleging discrimination. The judicial system's legal definition of sexual harassment addresses both the direct harassment between the harasser and the harassed and the indirect harassment that creates the offensive, sexist environment detrimental to comfort and productivity. Sport, for a number of historical, cultural, and social reasons, has generally been dissociated from the issue of sexual harassment. In November 1993, the Canadian Broadcasting Corporation put a crack in the wall of protection with their investigation of sexual harassment in athletics and the airing of their documentary "Crossing the Line." Legal complaints are expected to become more… [PDF]

Patton, James R.; Smith, Tom E. C. (1998). Section 504 and Public Schools: A Practical Guide for Determining Eligibility, Developing Accommodation Plans, and Documenting Compliance. This book is intended to help school personnel in determining whether a child is eligible for services under Section 504 of the Rehabilitation Act, providing a framework for analyzing a child's deficit areas to clearly determine eligibility and justify providing or declining services under this law. Chapters 1 and 2 introduce the guide and give an overview of the requirements of Section 504. Chapter 3 details the specific requirements of Section 504 for schools, including the provision of a free appropriate public education. Chapter 4 describes how to determine if a child is eligible for Section 504 services. It details a method of analyzing a student's deficit areas to determine whether there is a substantial limitation in a major life activity, the basis for eligibility under Section 504. Developing accommodation plans for students is the focus of Chapter 5, whereas Chapter 6 provides information on the procedural safeguards that must be provided to students and their families….

(2003). When the Americans with Disabilities Act Goes Online: Application of the ADA to the Internet and the Worldwide Web. Position Paper. This paper addresses the issue of how the Americans with Disabilities Act (ADA) applies to commercial and other private sector Web sites. Beginning with a brief discussion of the role electronic communication plays in our lives, the paper then considers the placement of the ADA in the context of current technology and of computer usage in the country. The paper next analyzes the legal background to the ADA and Internet access issues, pointing out authorities and scholarship on both sides of the question. The paper goes on to identify the narrow legal issues, bearing most upon the definition of the word "place" in Title III of the ADA. It analyzes the meaning and application of this term, in light of the ADA's legislative history, its plain meaning, and court decisions applying this term in nontechnology-based settings. The paper concludes that the law does clearly contemplate the coverage of the Internet by Title III of the ADA. Finally, the paper explains the practical… [PDF]

Gamble, David (2000). An Analysis of Disability Support Services in Higher Education. This paper analyzes disability support services in higher education to provide administrators with a clearer understanding of disability support services and the legal requirements for their institutions to provide accommodations to students with disabilities. It begins by discussing the rapid growth in the number of college students with disabilities and in the number of post-secondary disability service providers. Requirements under Section 504 of the Rehabilitation Act of 1973 are reviewed and include the stipulation that any post-secondary institutions receiving federal dollars must provide qualified students with disabilities an equal educational opportunity. Provisions of the Americans with Disabilities Act are also described, including the assurance that an individual with a disability cannot be prevented from competing with others as long as he or she meets the same qualifications. The obligation of the student with a disability to identify and document the disabling… [PDF]

Hollister, C. A. (1973). Protect Children's Rights and You'll Protect Local Control. V — On the Rights of Children. American School Board Journal, 160, 8, 23-24, Aug 73. Concludes a service on the rights of children. Claims that courts and legislators will restrict school boards that continue to abuse their power and authority. School board members are advised to champion children's rights. Some general guidelines are provided that school boards can apply to their own policies on student rights. (Author/WM)…

Harwood, Edwin (1983). Can Immigration Laws Be Enforced?. Public Interest, n72 p107-23 Sum. Current immigration law contains loopholes that make it difficult to restrict illegal immigration. Needed are enforcement strategies that maximize benefits from limited resources and are politically acceptable to American citizens. Such strategies might include increasing cost of entry, and focusing post entry operations on aliens involved in crime and fraud. (Author/MJL)…

Olswang, Steven G.; Wilson, Richard M. (1983). Student Religious Worship in the Public University: An Administrative Guide. NASPA Journal, v20 n3 p2-6 Win. Examines access to facilities by student religious groups in light of Widmar v. Vincent and other cases. Concludes that free speech includes religion and that student religious groups should have equal access to campus facilities. However, the university has the right to regulate such activities and may not directly sponsor them. (JAC)…

Ayres, Ted D.; Widmar, Gary (1983). Widmar v. Vincent: A Commentary by the Participants. NASPA Journal, v20 n3 p7-8 Win. Comments on the Widmar v. Vincent Supreme Court decision dealing with the use of university buildings by student religious groups. Clarifies the University of Missouri-Kansas City position on the place of worship activities in campus facilities. Implications of the decision on the separation of church and state are discussed. (JAC)…

Tollett, Kenneth S.; And Others (1983). A Color-Conscious Constitution: The One Pervading Purpose "Redux.". Journal of Negro Education, v52 n3 p189-212 Sum. Argues that the pervading purpose of the Reconstruction Amendments to the Constitution was not only to secure and firmly establish Blacks' freedom, but also to take color or race into account in remedying discrimination in violation of the spirit, if not the letter, of those amendments. (CMG)…

Sandler, Mark (1982). Equal Employment Opportunity Consciousness among Arkansas Public School Districts. Journal of Negro Education, v51 n4 p412-24 Fall. Application forms for teaching positions were collected from 225 school districts throughout the State of Arkansas to ascertain their awareness of and compliance with Federal equal employment opportunity (EEO) laws. Two-thirds of the districts were found to use personnel forms with numerous violations of EEO principles. (Author/GC)…

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