(2006). Out of the Woods: The Making of the Maine Indian Claims Settlement Act. American Indian Culture and Research Journal, v30 n4 p63-97. "Maine appears out of the woods," the editor of the "Lewiston Evening Journal" opined, after President Jimmy Carter signed the Maine Indian Claims Settlement Act in 1980. That sigh of relief was heartfelt. During the 1970s, two Native American tribes, the Passamaquoddies and Penobscots, had sparked a long, statewide nightmare when they asserted claim to more than 12 million acres of land in the Pine Tree State. To the Indians, their claim and the ensuing settlement represented long-delayed justice. For private-property owners, however, the controversy unleashed great anxiety about the future of Maine's economy. To leaders in the Maine statehouse, Congress, and the White House, the matter was a conundrum pitting the demands of an aggrieved racial minority against the ire of an aroused white majority. When Congress, in 1980, granted the Passamaquoddies and Penobscots federal recognition and $81.5 million in cash, from which they could purchase up to 300,000 acres of… [Direct]
(2006). The Immigration Reform Debate. Social Education, v70 n5 p286-292 Sep. This article looks at recent government actions that have contributed to the immigration debate, and then considers a number of the key issues: (1) Should the United States grant some sort of legal process, or "amnesty," to undocumented workers already in the U.S. who wish to seek permanent residency and, perhaps, citizenship?; (2) What is the current system for documenting workers and how effectively does it work?; (3) Should the government more vigorously enforce immigration laws?; and (4) Should individuals who claim to have been economically harmed by the hiring of undocumented workers be able to hold employers of those workers liable for monetary damages? (Contains 1 note and a list of 4 resources.)… [Direct]
(1969). Differential Predictive Validity of Specified Selection Techniques Within Designated Subgroups of Applicants For Civil Service Positions: Phases I and II. Non-Technical Report. A general discussion is presented of 2 phases of a study designed to determine the relationship between selection techniques (used by the State of Colorado Civil Service Commission and the Career Service Authority of the city and county of Denver) and on-the-job performance in specified job classifications for personnel classified as Negro, Spanish-surname, or white. Jobs included in the longitudinal analysis were (1) Hospital Attendant at Denver General Hospital, (2) Intermediate Clerk Typist, (3) Clerk Stenographer, Intermediate Clerk Stenographer, and Senior Clerk Stenographer, (4) Clerk Typist, Senior Clerk Typist, and Dictation Machine Operator (all in various State office settings), and (5) Resident Supervisor Trainee at Lookout Mountain School for Boys. Two questions were asked: (1) Is there evidence of unfair discrimination practices in employment selection? and (2) How accurate is the probability of success on the job as assigned to individuals in the applicant population… [PDF]
(2006). Compulsory Education in Religion–The Norwegian Case: An Empirical Evaluation of RE in Norwegian Schools, with a Focus on Human Rights. British Journal of Religious Education, v28 n3 p275-287 Sep. Christian knowledge used to be taught in the Norwegian state school as a compulsory subject for members of Lutheran churches. In 1997 this was replaced by a subject that is compulsory for all pupils, where both Christianity, other religions and secular world views are taught on an equal basis, although more time should be used on Christianity than other views. Some parents took the state to court because they wanted full withdrawal from the subject for their children. Having lost the case, the parents of four pupils then appealed to the UN's Human Rights Committee, which in November 2004 gave a verdict supporting the parents. This article is based on an evaluation project, asking parents, pupils and teachers about their experiences with the new subject, and also asking parents how they would prefer religions and world views to be taught. We focus on what we regard as the subject's most central dilemma: how can the school contribute to giving the pupils and society a common cultural… [Direct]
(2006). Sausage Rolls and Sports Fields: The Debate over Voluntary Student Unionism in Australia. Education and the Law, v18 n2-3 p161-176 Jun. The Australian Federal Government recently amended the Higher Education Support Act 2003. The effect of this amendment, which came into force on 1 January 2006, is to abolish compulsory up-front fees for the funding of student unions. Voluntary student unionism has been a plank of the Liberal (conservative) platform for many years, but its introduction is as unpopular with universities as with student organizations. This paper analyses the reasons for the introduction of the Act, and the debate over the introduction of the Act in universities and in the media. It considers some fundamental misapprehensions in the origins and rationale of the Act. (Contains 60 notes.)… [Direct]
(1995). University Hate Speech Codes: Toward an Approach Restricting Verbal Attack. This paper reviews events leading to the University of Michigan speech codes, identifies the state of the law following the Doe v. the University of Michigan decision, points out problems in suggested alternatives to the code, and outlines an approach that protects students from hate speech while maintaining first amendment rights. The paper first provides a historical context for the consideration of speech codes by citing these events: (1) following a number of hateful acts at the University of Michigan, the United Coalition against Racism threatened to sue the university for not maintaining or creating a nonracist environment; (2) the university responded with a speech code, but the code was soon challenged in court by a biopsychology student who maintained that the code could sanction him for aspects of his research; and (3) federal courts ruled in favor of the student on the basis that the code was too broad and that university officials had attempted to enforce it in… [PDF]
(1975). Title X: A Proposal for a Law to Guarantee Equal Opportunity for Nonathletes. Journal of Physical Education and Recreation, 46, 6, 31, Jun 75. This article discusses the possible future need for a law, Title X, to guarantee equal opportunity to nonathletes. (RC)…
(1978). Racial Composition of Congressional Districts and Support for Federal Voting Rights in the American South. Social Science Quarterly, v59 n3 p435-50 Dec. Analyzes the transformation of southern Whites in the House of Representatives from opponents to supporters of federal protection of minority voting rights. Three periods are examined: prior to massive participation by Blacks (1957, 1960), during rapid expansion of the Black electorate (1965, 1969-79), and one decade after passage of the Voting Rights Act (1975). (Author/KC)…
(1977). An Analysis of Court Decisions On Residence Requirements. NASPA Journal, 16, 2, 2-7, F 77. The courts have generally upheld the right of institutions of higher education to require certain classes of individuals to reside in on-campus residence units. This report examines eight recent cases in which the issue of required on-campus residence has been raised. (Author)…
(1988). The Regular Education Initiative: Patent Medicine for Behavioral Disorders. Exceptional Children, v55 n1 p21-27 Sep. Implications of the regular education initiative for behaviorally disordered students are examined in the context of integration and right to treatment. These students are underserved, often cannot be appropriately served in regular classrooms, are not welcomed by most regular classroom teachers, and have treatment rights the initiative does not meet. (Author/JDD)…
(1986). The Need for Legal Protection of Children's Rights in Canada. Canadian Journal of Education, v11 n3 p338-52 Sum. A summary of the current Canadian legislation governing the rights of children is presented. The power of the parent, the state in the place of the parent, the best interests of the child, and the child as a person before the law are concepts used to explicate this legislation. (Author/JAZ)…
(1986). Classroom Ideas: The Trial of Susan B. Anthony. Social Education, v50 n4 p311-13 Apr-May. Demonstrates the use of 10 role playing scenarios which involve junior and senior high students in the social milieu of the time in U.S. history before women were able to vote. Identifies resource materials, describes roles students may take, and provides sample objectives. (JDH)…
(1983). Consumerism in College Housing: An Empirical Analysis of Litigation. Journal of College Student Personnel, v24 n6 p502-07 Nov. Used college housing litigation as a data base to determine if a shift took place in campus housing after 1968 from constitutionalism to consumerism. Analyses of the data indicated that consumerism in the form of litigation to remedy unrealized expectations or perceived injustices has significantly increased in college housing. (LLL)…
(1976). Balancing the Fine Line: The High School Publications Adviser. An ERIC/RCS Report. Communication: Journalism Education Today, 10, 16-17, F 76. Reviews the literature in the Educational Resources Information Center (ERIC) on the legal status and role of the secondary level publications adviser. (Author)…
(1975). The Constitutional Dimension of Fair Use in Copyright Law. Notre Dame Lawyer, 50, 5, 790-807, Jun 75. A conceptual clarification of the constitutionally protected right of fair use, a resultant reformulation of some basic copyright law principles, and a contribution to the survival of the copyright system itself are discussed. (LBH)…