(1977). The Regents of the University of California, Petitioner, vs. Allan Bakke, Respondent. On Writ of Certiorari to the Supreme Court of California. The main question of this case is whether Allan Bakke was denied the equal protection of the laws in contravention of the 14th Amendment, solely because of his race, as the result of a racial quota admission policy. A statement of the case which reviews pertinent data such as the admission procedure of the medical school, Bakke's interview and rating, the special admission program, the proceedings in the trial court and an appeal are given. It is concluded that the special admission program violated Bakke's right to the equal protection of the law. The medical school's quota was said to up root individual constitutional freedoms and replace them with a destructive system of group rights. Furthermore, the court makes a distinction between quotas and the concept of affirmative action. It is concluded that Bakke's personal right to equal protection was violated. The California Supreme Court correctly decided this case when it considered this action to be a case of racial…
(1974). The NCAA–Institution Under Constitutional Seige. Journal of College and University Law, 2, 2, 175-91, Win 74/75. Notes the increasing frequency of judicial attacks on the National Collegiate Athletic Association (NCAA) for enforcing its student-athlete eligibility rules and analyzes the elements required for action: showing that the claimant has been deprived of a constitutionally protected right and that the defendent acted under the color of state law. (JT)…
(1975). Social Control in the Treatment of Adolescents in Residential Care: A Dilemma. Child Welfare, 54, 4, 246-256, Apr 75. Discusses the complex problems concerning the rights of the incarcerated adolescent to control his own mind and body versus the rights of others and the requisites of effective treatment as defined by the clinician. (Author/SDH)…
(1974). El Primer Congreso Mexicanista de 1911: A Precursor to Contemporary Chicanismo. Aztlan, 5, 1-2, 85-117, Spr-F 74. The article argues that many of the major themes which define the "supposedly new" ideology of Chicanismo were anticipated by El Primer Congreso Mexicanista, a political conference held in Laredo, Texas on September 14-22, 1911. Five of the discussions presented at the conference are appended. (NQ)…
(1969). The Rights of Children: Why a Child's Right to Privacy May Soon Be a Barrier to Boards. Amer Sch Board J, 156, 12, 9,15,16, 69 Jun. …
(1969). Student Protest Groups. J Nat Assn Women Deans Counselors, 32, 2, 87-89, 69 W. A more complete version of this panel discussion was published in the Michigan State University Orient, Spring-Summer issue 1968….
(1977). Resource Manual: Impartial Hearing Officers. The document presents a resource manual for impartial hearing officers in the State of Maryland, who will preside at special education hearings as mandated by the Education for All Handicapped Children Act (P.L. 94-142). A copy of P.L. 94-142 is provided, along with the Buckley Amendment and the August 23 and May 4, 1977 issues of the Federal Register (covering implementation of Part B of the Education of the Handicapped Act, and programs and activities receiving or benefiting from Federal financial assistance). Those sections of Maryland State law related to special education hearings are provided, along with the Maryland Association for Retarded Children decree, the Report of the Governor's Commission on Funding the Education of Handicapped Children–Phase II, and joint statements from the Maryland Department of Health and Mental Hygiene and the Maryland State Department of Education. Maryland Special Education Bylaw 13.04.01 is also included. The nature of services offered to…
(1977). Equality in Sport for Women. The subject of equal rights and opportunities for women in the field of physical education is discussed in nine articles. The major emphasis is on the legal aspects of sex discrimination. Defining equality, knowing the laws regarding enforcement, understanding the court procedures, and realizing the avenues for change are the essential tools addressed in this book. Appended are summaries of state and federal laws dealing with sex discrimination, samples of complaint forms that may be used to enforce compliance with existing laws, and lists of organizations actively engaged in affirmative action. (JD)… [PDF]
(1978). National Incentives in Special Education: A History of Legislative and Court Action. The booklet provides a history of the legislative and court action in the area of special education. The National Defense Education Act of 1958 and the Secondary Education Act of 1965 are cited as two legislative milestones in education. Federal involvement in special education is discussed including the acts assisting the handicapped, gifted, and preschoolers. Numerous court cases are explored with emphasis on the historic Brown versus the Board of Education of Topeka and the decisions on due process rights. State legislative actions are also examined and the background of Public Law 94-142 is summarized. (PHR)…
(1962). RESEARCH BULLETIN ON INTERGROUP RELATIONS. IN APRIL 1961, QUESTIONNAIRES WERE MAILED TO MEMBERS OF MANY ACADEMIC AND PROFESSIONAL ORGANIZATIONS TO DISCOVER RESEARCH IN THE FIELD OF INTERGROUP RELATIONS. APPROXIMATELY 200 PERSONS WROTE OF RESEARCH UNDERTAKEN. ABSTRACTS OF THE REPORTED RESEARCH ARE PRESENTED UNDER ONE OF THREE HEADINGS–COMPLETED, CURRENT, AND PLANNED. COMPLETED AND CURRENT STUDIES IN THE GENERAL AREA OF PREJUDICE AND DISCRIMINATION INCLUDE–MEASUREMENT OF STEREOTYPING, EMOTION IN PREJUDICE, EVALUATIONAL REACTIONS TO ACCEPTED-ENGLISH SPEECH, MINORITY GROUP IDENTIFICATION, PROPAGANDA EFFECTS ON THE PREJUDICED PERSONALITY, THE FUNCTIONS OF STEREOTYPES IN BEHAVIOR, RACE AWARENESS AMONG PREADOLESCENT BOYS, RACIAL ETHNOCENTRISM, AND NEGROES WHO ARE PREJUDICED TOWARD CATHOLICS, PROTESTANTS AND JEWS. AMONG THE MORE SPECIFIC STUDIES IN RACIAL, RELIGIOUS, AND ETHNIC RELATIONS ARE SUCH STUDIES AS ASSIMILATION OF THE SPOKANE INDIANS, JEWISH-GENTILE COURTSHIP, THE JEWS OF MIDDLETOWN, REACTIONS TO TEMPLE BOMBING, THE…
(1977). Escalation of Agitative Rhetoric: A Case Study of Mattachine Midwest, 1967-1970. This paper examines the adequacy of Bowers and Ochs' theory of social movements as applied to the escalating agitative strategies of a dissident group, the homosexual-rights organization Mattachine Midwest. The group's activities are described chronologically, in terms of the strategies employed: petition, promulgation, polarization, solidification, politicization, coalition, nonviolent resistance, and escalation/confrontation. This sequence is compared to the Bowers and Ochs schema, which is found to remain largely intact. Two of the strategies, politicization and coalition, were not part of the original schema. Limitations and advantages of the Bowers and Ochs' approach are discussed in the light of the results of the case study. (AA)… [PDF]
(1978). Racism: The Evolution of a Concept. Many people have attempted to define exactly what racism is and what causes it. While there is no commonly accepted definition, there is agreement with regard to the facts that (1) no scientific evidence has been found to support the belief that race determines the history and culture of a people; (2) racism is a learned behavior; (3) definitions of racism which do not include a study of socioeconomic factors are confusing; and (4) racism is an instituional, problem. To understand racism in America, one must study the history of the development of racist thinking, beginning with slave codes passed in the 17th century through the 19th century, the notion of \race suicide\ (genetic inferiority), the erosion of the Reconstruction Period rights given to blacks, up through the inequalities of the 1950s and 1960s. Even with all the recently enacted legislation and institutional policy changes, racism, overt and covert, is still a significant factor in American society. The question of…
(1975). Higher Education Law: Current Developments and Issues. During the past dozen years administrators in higher education have been faced with student action that took the form of protest and that many times became violent. Student action is somewhat quieter now and the battleground has shifted largely from the campus to the courtroom. Both procedural and substantive due process are recognized by the courts as rights applicable to the college setting. Students have also pressed for and received recognition that the First Amendment freedoms of speech and expression apply to them. The guidelines included here are offered to help institutions meet the standards of the courts and of applicable legal statutes. The guidelines cover the implications of the new age of majority, the actions students have taken against student activity fees, and the implications of federal legislation, notably Title IX of the Education Amendments of 1972 and the General Education Provisions Act (with the \Buckley Amendment\). (Author/IRT)…
(1975). Struggle in Press Freedom. This paper is a personalized account of one high school journalism faculty advisor's dismissal from her teaching position because she allowed students to publish a series on sex related problems in the high school newspaper. Following a background statement about the case now pending in court, the events leading up to the firing of the teacher are presented by the plaintiff. The remainder of the document consists of the five-part series on sex problems as it was published in the high school newspaper. (RB)… [PDF]
(1966). Academic Freedom, Academic Responsibility, Academic Due Process in Institutions of Higher Learning. Revised Edition. This pamphlet presents a statement of principles by the American Civil Liberties Union concerning the civil liberties and obligations of teachers and desirable procedures involving academic freedom in public and private colleges and universities. Academic freedom and responsibility of teachers embraces two distinct areas: (1) the conduct of a teacher apart from specifically professional responsibilities and (2) his conduct in teaching and other activities directly related to professional responsibilities. Included in the pamphlet are the procedures to be taken with the Civil Liberties Union when a professor feels that his academic freedom in either one of these areas has been infringed upon. (HS)… [PDF]