(1987). Separation of Powers. Bill of Rights in Action, v3 n3 Win. The dimensions of the separation of powers principle are explored through three lessons in the subject areas of U.S. history, U.S. government, and world history. In 1748, a French nobleman, Baron de Montesquieu, wrote a book called "The Spirit of the Laws," in which he argued that there could be no liberty when all government power was held by one person or even one group of rulers. Montesquieu described a political system that separated power into three branches of government. He believed that a government based on the "separation of powers" plan would ensure liberty by preventing the establishment of an absolute ruler like Louis XIV. The impact of absolute rule is illuminated through a short discussion of the French Huguenots' oppression during the reign of Louis XIV. The principle of separation of powers is depicted through a discussion of the Radical Republicans in Congress and the impeachment proceedings against President Andrew Johnson. The last lesson… [PDF]
(1969). Demonstrations, Dismissals, Due Process, and the High School: An Overview. Sch Rev, 77, 2, 128-143, 69 Jun. …
(1974). Silent Minority. Discussed in the booklet are approaches for citizens to use in helping the silent minority–mentally retarded (MR) children and adults–attain their rights to life, liberty, and the pursuit of happiness. The MR person is described to be one of 6 million retarded Americans, to benefit from education although his ability to learn is limited, to have special needs such as speech therapy, and to be unable to protect his own interests. Discussed under the MR person's right to life are the right to be born healthy, advocacy programs, the dilemma of guardianship seen in parents' concerns for the future of their MR children, health insurance legislation, habilitation, improved institutionalization, and ways citizens can protect the life of MR persons. Discussed under the right to liberty are the trend toward normalization; considerations on institutionalization such as correct diagnosis, court procedures, prison problems, legislative reform, zoning barriers; and what the citizen can do to… [PDF]
(1976). Student Personnel Administration, Students and the Law in Higher Education. Journal of the NAWDAC, 39, 3, 140-142, Spr 76. The volume of student grievances and related legal issues has increased the desirability for a specialist on the student affairs staff to monitor and circulate relevant literature on court and legislative activity. This author has prepared A Bibliographic Guide that would be useful to the student affairs professional. (Author)…
(1976). The Significance of the Democratic Ethic for Cultural Alternatives and American Civilization. Educational Theory, 26, 1, 40-52, Win 76. Democracy is described as a desirable regulative framework for ordering the interrelations of different cultures. (GW)…
(1997). Human Rights on the Internet: A Select Bibliography of Web Resources. RSR: Reference Services Review, v25 n1 p51-60. Presents a cross-section of categories of Internet sites that deal with human rights issues: (1) gateway sites; (2) sites that focus on particular broad groups; (3) international organizations; (4) human rights documents; (5) regional and country sites; and (6) news services and periodicals. For each site, information on the sponsor(s), contents, language, searchability, and usefulness for research is provided. (AEF)…
(1990). The Hard and Stubborn Life of Vaclav Havel. American Educator: The Professional Journal of the American Federation of Teachers, v14 n1 p22-8 Spr. Profiles Czechoslovakia's new president and his country's history. Describes Havel's role in the 50-year fight against communism and the eventual triumph of democracy. Includes a timeline and excerpts from Havel's inaugural address. Instructional materials consist of classroom discussion questions, activities, and readings for teachers. (JS)…
(1989). The United Nations and Its Critics. Social Education, v53 n5 p291-94 Sep. Provides a brief history of the development of the United Nations. Identifies achievements of the United Nations in the promotion of human rights, the translation of the Universal Declaration of Human Rights into binding international covenants, and the establishment of monitoring mechanisms to ensure the protection of human rights. (KO)…
(1994). U.S. Issues Policy on Racial Harassment. Chronicle of Higher Education, v40 n29 pA22 Mar 23. New federal Department of Education guidelines put responsibility for monitoring campus racial climate on individual colleges. The policy statement contains some elements pleasing to minority students and others attractive to civil libertarians. However, its broad definition of harassment is criticized by some. (MSE)…
(1994). Just Solutions. Update on Law-Related Education: Student Edition, n3. Written by students for students, this collection of articles contains students' perspectives on justice, fairness and equity in the lives of young people. The issue provides a vision of the future, strategies for individual involvement, and practical suggestions for initiating change. Specific issues include the rights of minors, discrimination, the role of government, and violence. The students advocate student participation in local school governance, allowing school newspapers more freedom, and increased student community service as possible solutions to community problems. (TSV)… [PDF]
(1976). Legal Issues for Postsecondary Education. Briefing Papers II. This publication is intended to outline basic legal issues in key areas confronting the postsecondary education community, and to provide background information of which every college administrator should be aware. Chapter I, \Employment, Evaluation, and Retention or Nonretention of Faculty and Staff,\ discusses the legal obligations and rights of institutions of higher education as employers. Chapter II, \Security on the Campus,\ deals with the growing complexities of problems related to student unrest and the increasing incidence of crime on campus. Chapter III, \Copyright on Campus,\ summarizes some of the elements of copyright law so that administrators can be alert to potential rights and problems, and can recognize the need and appropriate time to secure the services of experienced legal counsel. Chapter IV, \Disputes Settlements–Grievance and Arbitration Procedures,\ details the objectives to be used in developing and implementing grievance procedures, frequent subjects of… [PDF]
(1994). Individual Rights in Further Education: Lost, Stolen, or Strayed?. British Educational Research Journal, v20 n3 p319-25. Argues that the language of entitlement and empowerment is not always matched by correspondingly equitable actions. Applies this argument to provisions for students with disabilities and learning difficulties. Fears that students with the most complex needs will no longer have access to postsecondary education. (CFR)…
(1998). Student Search and Seizure: 1998 Update. This article examines the effects of the "Acton" decision, a Supreme Court ruling that upheld random urinalysis of secondary-school students who participate in extracurricular athletics. The paper focuses on cases involving general (mass) searches, "medical assessment" searches, strip searches, and drug testing. Although the intent of the Court is to create a balance between individual rights secured by the Constitution and the need of the government to provide a safe and secure environment, the effect is a steady stream of decisions eroding students' Fourth Amendment rights (the right to be secure against unreasonable searches and seizure). The paper describes the events leading up to the "Acton" case, which involved random drug testing for student athletes, and the reasoning behind the Court's decision. It then recounts specific cases that shaped legal guidelines for various types of searches. It concludes that students' Fourth Amendment rights have…
(1976). Buckley Amendment: Focus on a Professional Dilemma. School Counselor, 23, 3, 162-164, Jan 76. Discusses pupil record keeping, student and parents' rights, and how counselors should function to safeguard those individual rights. The history behind the Buckley Amendment is also described. (EJT)…
(1975). Legal Issues in Higher Education: A Look Toward the Future. Journal of College Student Personnel, 16, 6, 514-519, Nov 75. Campus judicial affairs administrators were asked to project the future status of 18 legal issues affecting higher education. The respondents foresaw changes in residency requirements, search and seizure, and in the legal protection afforded students attending private institutions. Entrance of due process into the territory of scholastic affairs was also anticipated. (Author)…