(2002). Anti-Harassment Policies in Public Schools: How Vulnerable Are They?. Journal of Law & Education, v31 n1 p52-70 Jan. Analyzes recent federal court decision striking down school anti-harassment policy on First Amendment grounds. Discusses freedom of expression rights in public setting as compared to public-school context. Argues decision incorrectly relies on law developed outside public-school context, unjustifiably finds violation of First Amendment, and may set bad precedent. (KSB)…
(1999). Parents and Children: Legal Reform To Facilitate Children's Participation. American Psychologist, v54 n11 p935-44 Nov. Explicates the rationale for efforts to promote the participation of children (and their parents and other interested adults) to help them feel that they are heard, noting the framework that is currently in place in most western countries, explaining this effort's foundation in international human rights law, and describing ways that it can be applied. (SM)…
(2004). Are Drug Sweeps in Public Schools Legal?. Clearing House, v78 n2 p57 Nov-Dec. To search or not to search is a perplexing issue facing school leaders. On one hand, school officials are responsible for providing a safe and orderly learning environment for all students. On the other hand, they must recognize and respect students' personal rights. Achieving this delicate balance often is difficult for school officials. This article examines a couple court cases that questioned the constitutionality of drugs sweeps in public schools. The article lists guidelines school officials should consider to protect the constitutional rights of students and minimize legal challenges by parents and students….
(2006). Brutal Borders? Examining the Treatment of Deportees during Arrest and Detention. Social Forces, v85 n1 p93-109 Sep. Recent legislation has produced a dramatic rise in the detention and removal of immigrants from the United States. Drawing on interviews with a random sample of Salvadoran deportees, we examine treatment during arrest and detention. Our findings indicate: (1) deportees are often subject to verbal harassment, procedural failings and use of force; (2) force tends to be excessive; (3) force is more common against deportees than citizens; (4) situational contingencies and organizational actors influence force, but ecological settings do not. (Contains 1 figure, 5 tables and 13 notes.)… [Direct]
(2006). Gender Equality, Pedagogy and Citizenship: Affirmative and Transformative Approaches in the UK. Theory and Research in Education, v4 n2 p131-150. This article explores the relationship between gender equality, pedagogy and citizenship. It locates the analysis of education within the gender dilemmas associated with liberal democratic citizenship. Of particular concern is the tension between the promotion of equality and difference. Nancy Fraser's distinctions between redistribution and recognition and between affirmative and transformative remedies are used to explore two phases in the pedagogical debate around gender equality and difference in the UK since the 1970s. These phases demonstrate the contradictions associated with gender as a "bivalent collectivity"–a collectivity defined through both economic and cultural/representational forms. The conclusion argues for a "critical pedagogy of difference" which promotes pedagogic democratic rights as well as critical gender identities. (Contains 3 tables.)… [Direct]
(2006). The Explanatory Power of Critical Language Studies: Linguistics with an Attitude. Critical Inquiry in Language Studies, v3 n1 p1-22 Jan. In this article, I address the miracle of human language from a socio-cultural perspective, emphasizing the role that language, and more explicitly, the critical study of language, can and should play in developing reflective, socially and politically aware and responsible teachers, administrators, and students. The article begins by examining the nature and focus of critical language awareness as it has emerged in the recent years, with particular focus on the implications of critical language awareness for educators. The framework established in discussing critical language awareness is then applied to several broad areas: critical discourse analysis, as a potentially powerful research methodology, and to the implications of critical language awareness for the concept of language rights in education in general and specifically in case of deaf children. (Contains 1 note.)… [Direct]
(2006). The Right to Research. Globalisation, Societies and Education, v4 n2 p167-177 Jul. This paper argues that research be recognised as a right of a special kind–that it be regarded as a more universal and elementary ability. It suggests that research is a specialised name for a generalised capacity to make disciplined inquires into those things we need to know, but do not know yet. I maintain that knowledge is both more valuable and more ephemeral due to globalisation, and that it is vital for the exercise of informed citizenship. I acknowledge the 30% of the total world population in poorer countries who may get past elementary education to the bottom rung of secondary and post-secondary education, and state that one of the rights that this group ought to claim is the right to research–to gain strategic knowledge–as this is essential to their claims for democratic citizenship. I then explore the democratisation of the right to research, and the nexus between research and action, using the Mumbai-based Partners for Urban Knowledge Action and Research (PUKAR) as an… [Direct]
(2006). National Security and Civil Liberty: Striking the Balance. Social Studies, v97 n6 p245-248 Nov-Dec. After September 11, 2001, the Bush administration initiated large-scale electronic surveillance within the United States to gather intelligence to protect citizens from terrorists. Media commentary, public reaction, and classroom practices regarding this program have tended toward either-or positions: either for presidential power and national security or for judicial intervention and civil liberty. No one has proposed that at issue is a political question for Congress and the president to resolve themselves. The authors argue that congressional oversight, more than judicial review, is needed to ensure that the president, in seeking to protect the country, does not abuse executive power and jeopardize essential liberties. Teachers should emphasize separation of powers instead of checks and balances. The authors suggest related approaches for planning lessons about striking the balance between security and liberty. (Contains 4 resources.)… [Direct]
(2006). An Analysis of the Legal Status of Higher Education Institutions. Chinese Education and Society, v39 n3 p10-40 May-Jun. This article gives a comprehensive analysis of the legal status of higher education institutions. It focuses on different roles they play in our society, such as administrative entities, opposing parties to administration, and civil entities. It further illustrates its conclusions with case studies. The article focuses on the status of higher education institutions as an administrative entity and its manifestation in individual cases and expounds on issues such as administrative discretion, due process, and obligation of corresponding administrative compensation. It also analyzes and discusses the status of higher education institutions as an opposing party to administration or a civil entity, as well as other related issues, in conjunction with relevant case studies. (Contains 47 notes.) [Translated by Huiping Iler.]… [Direct]
(1982). Crawford et al. v. Board of Education of the City of Los Angeles et al. Certiorari to the Court of Appeal of California, Second Appellate District. No. 81-38. Argued March 22, 1982. Decided June 30, 1982. Supreme Court of the United States. Syllabus. This document includes a case summary and the Supreme Court Justices' opinions on Crawford vs Board of Education of the City of Los Angeles. The Crawford case concerned the constitutionality of Proposition 1, a State constitutional amendment ratified by California voters to stop mandatory pupil reassignment and busing within the Los Angeles Unified School District unless the reassignment was mandated by a Federal court to remedy a violation of the Equal Protection Clause of the Federal Constitution's Fourteenth Amendment. The Court opinion, delivered by Justice Powell, held that Proposition 1 did not violate the Fourteenth Amendment; was merely a repeal of previous desegregation litigation; was not enacted with discriminatory intent; and had legitimate nondiscriminatory objectives, mainly the educational benefits of neighborhood schooling. Concurring, Justice Blackmun distinguished between the Crawford case and the case of Washington vs Seattle, maintaining that in the latter case,… [PDF]
(1981). Legal Issues in Education: A Review of Research. This paper reviews laws, regulations, and court rulings that teachers, educators, and school administrators should be aware of in order to assert and protect their rights. It provides information on constitutional and legal provisions affecting the day to day operations of schools as well as the rights of teachers, students, and other school personnel in the following areas: (1) student discipline; (2) school board-teacher relations; (3) State and Church relations; (4) dress codes; (5) access to student records; and (6) tort liability. (Author/MJL)…
(1983). What's in Your Credit Report? The CIRcular: Consumer Information Report 22. This report tells what information is likely to be in a credit report; how it is collected, filed, and communicated; and how individual rights regarding credit are protected by law. Topics covered include: (1) information generally contained in a credit profile (identification, family status, public record information, credit accounts, and inquiries); (2) information not included due to law or due to the process of reporting credit; (3) a description of the credit reporting process including problems that can be caused by incomplete applications or incomplete information exchange systems; (4) types of reports supplied by credit bureaus (in-file reports and updated reports); (5) the rights of individuals under the Fair Credit Reporting Act of 1971 to see their credit reports and procedures to follow in order to see a report; and (6) actions to take if information in the report is disputed. Addresses and telephone numbers of California offices of federal and state agencies which…
(1975). Ivory Towers Sap Creativity and Fog Future. Communication: Journalism Education Today, 9, 20-22, F 75. Looks at the current status of scholastic journalism one year after the release of the Kennedy Commission's report on the problems that confront high school journalism staffs. (RB)…
(1975). A Court That Dared the Unknown. Journal of Law and Education, 4, 1, 25-28, Jan 75. Discusses the Supreme Court's changing political entanglements and its orientation toward equality since 1954. (DW)…
(1974). Short Suspensions: The Goss Decision Establishes a Student's Due Process Rights. Administrator's Notebook, 23, 4, 1-4, Dec 74. Discusses the background of the case, presents the majority and minority opinions, and examines immediate and distant implications for educational administrators. (Author)…