(1984). Anti-Democratic Attitudes of High School Seniors in the Orwell Year. Phi Delta Kappan, v65 n5 p327-32 Jan. Replicating a survey of high school students of the class of 1952, the author's survey of the class of 1984 shows greater agreement with the \Founding Fathers\ on many issues, with a larger percentage of students willing to allow police searches without warrants and deny legal counsel to criminals. (JBM)…
(1978). The Implications of the Age Discrimination in Employment Act Amendments of 1978 for Colleges and Universities. Journal of College and University Law, v5 n3 p161-209 1978-79. The 1978 amendments to the Age Discrimination in Employment Act (ADEA) and their effect on college and university retirement practices are discussed. Lobbying efforts of higher education associations, an analysis of case law under ADEA prior to 1978 amendments, and major issues facing college counsel and administrators are reviewed. (MLW)…
(1997). Your Rights as an Accused. Update on Law-Related Education, v21 n2 p18-21 Spr. Provides an instructive overview of the responsibilities of the police and the rights of the citizen concerning criminal investigations. Briefly describes the protections afforded by the fourth, fifth, sixth, eighth, and fourteenth amendments. Includes a learning activity involving a legal analysis of situations. (MJP)…
(1990). The Concept of Rights as Limits on Government. Political Science Teacher, v3 n2 p8-9 Spr. Describes a course on the tension between individual rights and the powers of government. Explores the differences between the Anti-Federalists and Federalists conceptions of rights and the role of government. Discusses contemporary problems of rights as limits to democratic outcomes. Questions the traditional interpretations of the U.S. Constitution. Includes course syllabus. (RW)…
(1990). Why I Fought. Amerasia Journal, v16 n1 p139-58. An Asian Pacific American professor, D. T. Nakanishi, describes his decision to fight the University of California Los Angeles' initial denial of tenure, including the legal and tactical considerations involved, his sense of generational duty, the case's importance for other Asian Americans, and the personal pain and suffering involved. (JB)…
(2008). Comparative Policy Brief: Status of Intellectual Disabilities in Jamaica. Journal of Policy and Practice in Intellectual Disabilities, v5 n2 p125-128 Jun. A population-based prevalence study in one region of Jamaica in 1987-1989 indicated that about 8% of the childhood population had cognitive (intellectual) disability. Some harmful beliefs and practices persist about child rearing, violence towards women, and child abuse of all types. A lack of knowledge is apparent about the efficacy of home-based learning, rather than special schools or centers for children with disabilities. A national policy on the health, education, and protection of children is not fully implemented. There is also a national policy on disability, although there are few provisions for children aged 0-8 years. A ministerial policy on education for children with special needs is a work in progress. There are approximately 2,000 children aged 4-18 years in special education programs: It is not known how many are in inclusive educational settings. Although little information is available, it is likely that most adults with intellectual disabilities do not have any… [Direct]
(1993). Section 504 and the Schools. This compilation serves as a reference to Section 504 of the Rehabilitation Act of 1973 in relation to policies and practices of school districts and other entities providing educational services to elementary and secondary level students. The volume begins with a road map of Section 504 in relation to public schools, with an emphasis on students. The legislation itself is then provided, followed by regulations, which are presented in two forms: the official version and an annotated version based on a sampling of court decisions and administrative interpretations. The annotated version provides insight into the degree and direction of the evolving enforcement and interpretation of Section 504 in the schools, suggesting guidance as to vulnerable practices and preventive procedures. Extensive appendices include: a comparison of the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act, and Section 504; compliance self-evaluation forms; sample notices…
(1994). History of Indigent Defense in the United States. Update on Law-Related Education, v18 n3 p16-23 Fall. Maintains that providing justice to people accused of a crime has evolved slowly over the centuries. Discusses the history of indigent defense in the United States. Includes vocabulary terms, a timeline, a list of "Heroes of Indigent Defense," reviews of significant court cases, and a discussion of legal services in five cities. (CFR)…
(1993). Progress Revisited: The Quality of (Work)Life of Women Teachers. This study explores the elusive concept of "Quality of Life" of women teachers in Canada. It is clear that both gender and profession mediate quality of life and overlap in ways researchers are just beginning to understand. The experiences of men have been the yardstick against which women's progress in the teaching profession has been measured. The research shows that positions of women in education have been segregated internally by the profession and remain so, even after 20 years of reform efforts. The slow rate of change shows that change is happening, but that rate can be discouraging by its slowness. In the move toward educational reform, questions of equality are raised as schools are encouraged to become more like the "men's world" with product-orientation, rather than child-centered. The table of contents lists four chapters: (1) "Progress Revisited: The Quality of (Work)Life of Women Teachers"; (2) "Measuring the Gap"; (3)… [PDF]
(1996). Student Survey of Knowledge of Disability Laws and Recent Legal Decisions. Intended for surveying the knowledge of college students and college faculty/staff about the rights and responsibilities of students with disabilities, this survey form and corresponding answer sheets provide 28 questions, their correct responses, and references to laws or literature. Emphasis is on providing information about the provisions of Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, which require institutions of higher education to make accommodations and modifications of policy to ensure that students with disabilities have an equal educational opportunity. Also, court decisions concerning these rights are emphasized. Survey questions address issues such as reasonable accommodations, student responsibilities concerning reasonable accommodations, changes in a classroom's location to improve accessibility, provision of an attendant, special provisions for testing, alternative formats for instructional materials, access to the student's… [PDF]
(1990). An Overview of the Basic Principles of Negligence: What the Courts Expect and Demand of Physical Educators. Teachers and coaches once held a special place in the hearts and minds of the American public; however, times have changed. Students are quick to question authority and parents are more willing to retain the services of an attorney to solve their problems. Elementary and secondary school physical education teachers are especially vulnerable targets of legal liability lawsuits. The most frequently used yardstick to determine the liability of physical educators is negligence (a type of civil wrong), which is the failure to act as a reasonable and prudent person in a situation that causes someone harm. Because there are no concrete rules to define negligence, the courts utilize an objective formula to evaluate the conditions surrounding a sports injury to determine whether it was the result of the physical education teacher's negligence. The elements of the formula include: (1) Did the teacher owe the student a duty of care to protect him from unreasonable risks of harm? (2) Did the… [PDF]
(1981). School Discipline: Preventing Problems. School Management Handbook Number 1. This part of the School Management Handbook provides the elementary school administrator with a quick overview of several aspects of school discipline. The first section introduces concepts central to developing effective school discipline policy, including the value of focusing on preventing rather than simply punishing misbehavior; prioritization of disciplinary aims; the roles of the principal and the teacher; the place of student codes and handbooks; and the roles of parents and the community. Section 2 discusses assertive discipline, a technique for establishing good student behavior habits. Inschool suspension is the topic of section 3. The fourth and last section discusses students' constitutional rights in the areas of expression, dress, religion, publications, and freedom from prior restraint, and notes relevant court decisions. Specific recommendations for disciplinary policy accompany each section of the document. (PGD)…
(1973). Maliseet and Micmac Rights and Treaties in the United States. Written for purposes of furthering aid to the Association of Aroostook Indian (AAI) in procuring Maliseet and Micmac American Indian rights, this essay provides historical documentation of U.S. treaties verifying Native American rights. This essay asserts that although about 4,000 Micmacs and Maliseets live in New England (1,000 in Maine), they have not been formally recognized by the Federal Government and had not been given state recognition until the AAI was formed in 1967 and began to further their cause; that since they generally live off-reservation but do have reservations in Canada, they are often considered both Canadian and alien and are not, consequently, afforded government services. Arguing that these people are free to cross borders and are entitled to certain rights under a series of treaties established between the Indians and the U.S. during and after the American Revolution, this essay presents the historical basis for the following rights: (1) the right to come to…
(1987). The Charter of Rights and Special Education: Blessing or Curse?. Canadian Journal for Exceptional Children, v3 n4 p118-27. The Canadian Charter of Rights and Freedoms is examined, focusing on rights limitations and remedies for violations. The charter's impact on special education is noted in such areas as the constitutional right to accessible education, appropriate content of education, related special education services, and reasonable limits and costs. (Author/JDD)…
(2002). Technology in Public Education: What Will the Quest for Fairness and Efficiency Do to Individual Interests and Rights?. This paper–part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002–is an outline of a presentation on monitoring the activities of students and school personnel. The dilemma, according to this paper, is that public schools are obliged to prevent persons under their supervision from causing harm to others. Yet satisfying such responsibilities increasingly requires more active, and sometimes intrusive, means of supervising and monitoring the activities of students and school personnel. The first section of the outline describes the nature of the dilemma. The next section examines events and factors that may influence public perceptions of schools responsibilities. The next section discusses legal duties that can encourage heightened supervision and monitoring. The next section examines relevant legal authority and includes analyses of litigation involving employee polygraph protection and privacy rights and technology….