(1979). The Crisis of Youth and Adult Responsibility. Black Scholar, v10 n5 p19-30 Jan-Feb. Blacks must look to themselves for solutions to the problems of all Black people. They must direct their money back into the Black community to elevate the socioeconomic level of Blacks in the United States. (WI)…
(1979). Affirmative Action–A Benefit to All. Freedomways, v19 n2 p71-74. This article cites statistics and documentation from a book entitled \The Case for Affirmative Action for Blacks in Higher Education,\ to illustrate the argument that affirmative action is not only legal, but absolutely essential. (Author/EB)…
(1979). Educating the Handicapped: Opening the Schoolhouse Doors to a Newly Demanding Minority…and New Judicial Interventions. Contemporary Education, v50 n4 p210-15 Sum. The judicial actions leading to the current demand for special education programs for the handicapped are reviewed, and the complex interface between appropriate court interference and proper school role in program design is discussed. (LH)…
(1979). Children and the First Amendment. Texas Law Review, v57 n3 p321-80 Feb. Discusses the way in which the realities of parental power over children and of state power to regulate education and some aspects of family life shape the child's right of free expression. Available from Fred B. Rothman & Co., 10368 West Centennial Road, Littleton, CO 80123. (Author/IRT)…
(1975). Fair Employment in a Depressed Economy: The Layoff Problem. UCLA Law Review, 23, 2, 177-234, Dec 75. Does a layoff by plant seniority in a formerly all white plant violate Title VII under the usual tests? This question is examined from both black and white viewpoints, and a possible solution to the problem by layoff quotas discussed. (LBH)…
(1976). The Potential of Expanded Arbitration in Resolving Title VII Claims in Light of Alexander v. Gardner-Denver and New Equal Employment Opportunity Commission Policy. Loyola University Law Journal, 7, 2, 334-50, Spr 76. Potential Title VII financial liability, not only for lawyer's fees and court costs, but also for back pay awards, should provide the needed stimulus for union and management to accept altered arbitration as a method of resolving employment discrimination claims. Altered arbitration would be an effective way to limit their financial liability. (LBH)…
(1976). Title VII and the Collective Bargaining Agreement: Seniority Provisions Under Fire. Temple Law Quarterly, 49, 2, 288-322, Win 76. It is argued that layoffs undertaken pursuant to a plantwide seniority system are bona fide, notwithstanding a disproportionate impact on minority workers recently hired by an employer with past discriminatory hiring practices. Legislative background, pertinent court cases, and inappropriate forms of relief are discussed. (Author/LBH)…
(1976). The Legality of University-Conducted Dormitory Searches for Internal Disciplinary Purposes. Duke Law Journal, 1976, 4, 770-88, 76. The issue examined is whether those unique characteristics of the university environment that have led to the development of a judicially-sanctioned general regulatory power will automatically render a warrantless disciplinary search \reasonable\ within the terms of the fourth amendment. (LBH)…
(1976). Search and Seizure in the Public Schools. Louisiana Law Review, 36, 4, 1067-74, Sum 76. The protection afforded a minor student by the fourth amendment is perhaps open to some speculation due to his age and the unique situation presented by the school environment. The search and seizure issue is discussed in terms of the findings in several court cases. For journal availability see HE 508 741. (LBH)…
(1977). Theoretical Aspects of the Educational Rights of the Child. Unicorn, 3, 1, 25-35, Mar 77. Argues the case for the educational right of the child to be recognized as a human being and be given the right of choice, and for teachers to have authority over the environment, not the individual. Available from: Australian College of Education, 916 Swanston Street, Carlton, Victoria 3053, Australia, $2.50 single copy. (Author/MLF)…
(1996). Awareness, Action, and Collaboration: How the Self-Advocacy Movement Is Empowering for Persons with Developmental Disabilities. Mental Retardation, v34 n5 p312-19 Oct. This article discusses four necessary elements of the self-advocacy movement: gaining awareness of one's social and political situation; gaining awareness of individual strengths and potential; taking action through participation in community organizations; and having advisors collaborate with people with disabilities rather than treating them as service recipients. (CR)…
(1997). A New Era in Educational Planning in Canada: The "Canadian Charter of Rights and Freedoms" as Constitutional Law. Educational Planning, v11 n1 p5-20. Presents findings of a socio-legal research study focusing on areas of concern for educational planners under the 1982 Canadian Charter of Rights and Freedoms. The experts consulted identified seven major areas to watch for: fundamental freedoms, legal rights, equality rights, minority language educational rights, denominational school rights, multiculturalism, and Aboriginal rights. (37 references) (MLH)…
(1990). Establishing Standards for Teacher Certification Tests. Educational Measurement: Issues and Practice, v9 n4 p15-20 Win. Means of establishing standards for teacher certification tests are discussed. Focus is on the requirements and implications of the 1985 "Standards for Educational and Psychological Tests" and the 1978 "Uniform Guidelines on Employee Selection Procedures" that apply to the establishment of teacher certification test standards. (TJH)…
(1991). When Is a School District Liable under 42 U.S.C. Section 1983?–The Evolution of the "Policy or Custom" Requirement. West's Education Law Reporter, v64 n2 p339-48 Jan 31. Section 1983 opened the federal courts to private citizens by creating a cause of action for invasion of rights protected by federal law. Liability can only be established through proof that injury was occasioned by the implementation of municipal "policy or custom." Examines the evolution of this court doctrine. (MLF)…
(1989). Perspectives on the Pledge of Allegiance. Childhood Education, v65 n3 p131-32 Spr. Presents various perspectives on public school children's recitation of the Pledge of Allegiance, and ways to turn this ritual into a meaningful act for those who wish to participate. (BB)…