(1981). Harassment and Discrimination of Women in Employment. Working Paper Prepared for the Conference on Harassment in the Workplace (Washington, DC, July 7-9, 1981). The problem of harassment of women in the workplace has received increasing attention from government agencies, Congress, and the courts in recent years. This growing general awareness of the problem of harassment and sex discrimination by both employers and employees is being made more acute by women's growing demands for career opportunities equal to men as well as for egalitarian, non-discriminatory, and harassment-free working conditions. The demand for solutions is therefore increasingly insistent. The alternative remedies open to women employees reflect alternatives for employers as well. The choices are that either ways are found for dealing effectively with the problem within the organization through fair administrative regulations and effective grievance procedures, or ways will be found outside the organization in the courts and through advocacy efforts. Either way, these choices cannot be made by the perpetrators or victims. Self-policing of harassment and discrimination… [PDF]
Desegregation and the Public School. Info-Item Educators Digest/ No. 1041. This handbook provides a step-by-step approach for school systems to guide them in dealing with some of the more complex issues where desegregation and the development of plans is concerned. The legal implications of desegregation and factors necessitating affirmative action are discussed. An outline is given for organizing a task force on desegregation, including such factors as assessing local needs, initiating action, developing detailed plans for implementing necessary changes, communication and cooperation within the community, and the utilization of resources within the community. The final section deals with developing strategies for school desegregation. Sound educational objectives are defined, and the role of parents is discussed, as well as the assignment of students to schools, the achievement of racial balance, and feasible remedies for existing inequities. A glossary of desegregation-related terms is appended. (JD)… [PDF]
(1992). Campus Antiracism Rules: Constitutional Narratives in Collision. Northwestern University Law Review, v85 n2 p343-87 Win. Racial tension on college campuses and attempts to respond with antiracism rules are discussed. Such rules may be viewed as conflicting with the First Amendment or falling within the realm of equality-protecting amendments. Both perspectives are valid, but conflicting. A "postmodern" insight may address the gap. (JB)…
(1991). A Bill of Rights Assembly. Update on Law-Related Education, v15 n1 p9-12 Win. Presents a student- and community-produced assembly program in which several Supreme Court cases are reenacted. Focuses on student rights concerning search and seizure, freedom of speech, and freedom of of the press. Provides a 40- to 50-minute script with roles for narrators, administrators, police officers, reporters, lawyers, and students. (CH)…
(1993). Building the Third Reconstruction Society: A Proposed United States Charter for Socioeconomic Rights. Urban League Review, v16 n1 p67-76. Proposes to replace the principle of equal opportunity with an "anti-caste" principle to build a new society and to secure economic and social rights. Suggests a United States Charter for Socioeconomic Rights. Outlines the moral, legal, and political bases for the proposal and offers a Charter version. (JB)…
(1986). Three Children's Rights Claims and Some Reservations. New Directions for Child Development, n33 p51-62 Fall. Considers whether children have a right to education, to access to knowledge, and to freedom of expression. Although sympathetic to the view that children should be seen as persons with broad intellectual rights, explores some concrete cases that illustrate the difficulty of applying abstract principles to specific situations. (NH)…
(2006). Criticizing the Image of the Student as Consumer: Examining Legal Trends and Administrative Responses in the US and UK. Education and the Law, v18 n2-3 p85-129 Jun. There is widespread concern that higher education is being compromised by being turned into a "commodity" to be "consumed". This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between "commodification" and "consumerism". Education has always been a commodity to be bought and sold; the true danger lies in the move to a "rights-based" culture where students (and politicians) see education merely as something to be "consumed" rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education. (Contains 158 notes.)… [Direct]
(2006). Abuse in Cyberspace. School Administrator, v63 n5 p33 May. With the continued explosive growth of personalized websites, more and more public school administrators can expect to face situations in which inappropriate materials have been posted by a teacher, staff member or student. While failing to recognize employees' rights of free speech can result in legal liability, administrators also must be prepared to identify unprotected speech and determine when Internet postings are causing material disruptions or resulting in a flow of inappropriate materials into the school. In this article, based on the authors' legal representation of school districts, they suggest some approaches for dealing with such issues when they arise. In determining how to deal with such matters, consider first when websites and blogs can be legally monitored; when to actually monitor; how to notify employees of the intent to monitor; and whether any objectionable postings are legally protected or instead form a basis for discipline or discharge…. [Direct]
(2006). Bringing the Law to the Gerontological Stage: A Different Look at Movies and Old Age. International Journal of Aging and Human Development, v62 n3 p237-254. Films often portray the complexities of real-life aging issues, showing how they are apparently handled outside of and around the law or legal issues. Furthermore, films considering the aged and the social issues associated with aging also reveal how the law actually functions as a framework around and within which people develop customs, habits, and behaviors related to the issue of old age. Exposing these hidden socio-legal boundaries allows us to better understand both the films concerned and the place of law within our aging society. In an attempt to better understand these issues, this article deconstructs five relatively modern and well-known films. All feature aged protagonists, and all tell their stories against a background of legal issues that are only alluded to, and remain hidden \behind the scenes.\ Two main questions are addressed by this analysis: First, to what extent does the reality of old age as described in the films considered here reflect familiar social… [Direct]
(2006). Liberties, Freedom and Autonomy: A Few Reflections on Academia's Estate. Higher Education Policy, v19 n1 p87-110 Mar. There are several reasons why the issues of academic freedom and university autonomy have re-emerged on the agenda in the last few years. First of all, there is the spiralling increase in the number of students since the end of the Second World War with, as its corollary, the explosion in most countries–whatever their political or social system–of the number of higher education institutions. Three other phenomena have also played just as decisive a role: (1) the fall of many dictatorial or authoritarian regimes, and more especially the Communist regimes in the former Soviet Union and Europe; (2) the growing influence of the economic world, be it on teaching or research, with applied and basic research contracts being more and more entrusted to universities, and the creation of "universities" by or within large firms, and more especially multinationals; and (3) the ever more rapid development, thanks to the new means of communication offered by today's technology, of… [Direct]
(2006). Young Children and Social Justice. Young Children, v61 n2 p75-82 Mar. In classrooms for young children, educators can strive to create a climate in which every child can question and learn, a place where everyone's story–their background and experiences–is respected. This article presents a rationale and a framework for teaching children about social justice. While the social justice learning activities in this article are developmentally appropriate for children, the authors express their hope to stimulate conversation among teachers, administrators, families, and other colleagues about their relationship to children's overall education…. [Direct]
(2006). Growth Attenuation and Due Process: \A Response to Gunther and Diekema (2006)\. Research and Practice for Persons with Severe Disabilities (RPSD), v31 n4 p348-351 Win. This article presents the authors' response to Gunther and Diekema's argument about growth attenuation and due process. As a case study, growth attenuation raises complicated issues. The authors address some issues that have not been sufficiently addressed. Those involve family support, assistive technology, constitutional rights to \self,\ the standards and procedures for decision making, and the social construction of disability. Then, they connect this case to two other issues: the human genome project and the uses of neuroscience. Both seek to enhance a person in order to achieve a quality of life that is more acceptable to the person, the person's family, and society. They conclude by looking to the future of enhancing the quality of life of people and families affected by disability. But they do so, fully mindful of the nation's shameful history of discrimination, all too often abetted by professionals aggressively employing usual and innovative technologies…. [Direct]
(1996). The Great Plains Sit-in Movement, 1958-60. Great Plains Quarterly, v16 n2 p85-94 Spr. A participant in the 1958 Wichita, Kansas, lunch counter sit-ins recounts the history of early Great Plains sit-ins and discusses how they were related to, if not the cause of, the more famous Greensboro, North Carolina, sit-ins. Discusses factors leading to the sit-ins, and the fact that black youth pioneered them. (TD)…
(1989). Canadian Human Rights Act. Office Consolidation = Loi canadienne sur les droits de la personne. Codification administrative. The Canadian Human Rights Act extends the laws in Canada that proscribe discrimination by establishing that each individual has the right to make the life for him- or herself that he or she is able and wishes to have, consistent with the duties and obligations of a member of society, without being hindered or prevented from doing so by discriminatory practices based on race, national or ethnic origin, color, religion, age, sex, marital status, family status, disability, or conviction for an offense for which a pardon has been granted. Discrimination on the basis or pregnancy or childbirth is considered to be on the basis of sex. Among discriminatory practices defined in this report are: (1) denial of goods, services, facilities, or accommodations; (2) denial of commercial or residential accommodation; (3) employment practices and/or employee organizations that discriminate; (4) wage differences based on one of the defined conditions; (5) expressions of discriminatory notices and…
(1985). Grant's Final Battle: The Writing of His Memoirs. In the summer of 1884, Ulysses S. Grant wrote his "Memoirs," which were published and promoted by the great American writer, Mark Twain, who encouraged and aided Grant in his literary work. Grant was fatally ill with cancer of the throat and raced against time to complete his manuscript. He was motivated by the desire to provide financial support for his family, which had been impoverished by his business failures. The book that emerged from Grant's courageous efforts is a masterpiece, which literary experts and historians have compared to Caeser's "Commentaries.""The Personal Memoirs of U. S. Grant" treats his childhood slightly, expands to detail his Mexican War experiences, skims over his inter-war activities, and concludes with a major emphasis on his participation in the Civil War. Grant's clear, concise, treatment of Civil War experiences have made his book a classic of military history, which is studied in military academies throughout the world…. [PDF]