(1972). Desegregation: Voluntary or Mandatory? Comment on the St. John Article. Integrated Education, 10, 1, 7-16, 16-17, Jan-Feb 72. …
(1979). The Fourteenth Amendment: The Framers' Design. South Carolina Law Review, v30 n3 p495-509. Argues that, in dealing with the rights of minorities, the Supreme Court has read the Fourteenth Amendment in a way contrary to the intent of those who framed the Constitution. Available from the South Carolina Law Review, University of South Carolina School of Law, Columbia, South Carolina 29208; $13.00/year. (IRT)…
(2002). The Historical Development of Affirmative Action: An Aggregated Analysis. Western Journal of Black Studies, v26 n3 p155-58 Fall. Reconstructs the development of equal employment opportunities for African Americans after the Civil War, recapitulating historical accounts of the integration of African Americans into mainstream society, beginning with the Civil War and including legal precedents such as Brown v. Board of Education. Racial discrimination in employment was severely limited when numerous executive orders were implemented by several presidents (Roosevelt, Kennedy, and Johnson) to reinforce affirmative action. (SM)…
(1984). Letters of Recommendation/Verbal References Should Not Become Endangered Communications: an Analysis of Rights, Responsibilities, and Duties of References. In view of the dramatic increase in the numbers of laws and lawsuits since the 1960s, teachers must become aware of the privacy considerations and potential legal problems that may arise when writing a letter of recommendation or giving a verbal reference. They should become familiar with present common law doctrine and recent legislation pertaining to exactly what constitutes legally defensible information in a recommendation. The following four laws presently and potentially affect references: the Privacy Act of 1974, the Fair Credit and Reporting Act of 1970, the Family Education Rights and Privacy Act of 1974 and the Buckley Amendment (1974), and the Freedom of Information Act (1966). Besides knowing how these laws affect information, persons providing references should also know how common law dealing with defamation, libel, and slander affect communication. The defenses afforded persons providing statements and letters of recommendation include the securing of permission…
(1990). The Impact of the \Bakke\ Decision on Black and Hispanic Enrollment in Medical and Law Schools. Social Science Quarterly, v71 n3 p458-73 Sep. Examines effects of the Supreme Court decision, \Regents of the University of California V. Bakke\ on Black and Hispanic enrollment in medical and law schools. Uses time-series analysis on aggregate enrollment trends between 1968 and 1987. Finds decision had little impact but notes decline in these applications beginning in 1984. (NL)…
(1982). Youth Faces the Law: A Juvenile Rights Handbook. Fourth Edition. The information in this handbook is intended to help youths learn about their rights and responsibilities in the legal system. The reasoning behind the guide is that the more youths know about the law the better are their chances of avoiding unnecessary problems and the easier it will be to make the law work for them. The handbook is divided into three sections: (1) how the law deals with young people before they reach 18, the age of majority; (2) what happens when youths get in trouble with the law; and (3) the rights of a student in school. Readers are cautioned that many of the laws covered in the book are applicable in Oregon only. Advice as well as information is offered, lightened by amusing illustrations. (MLF)…
(1974). Due Process or Don't Let Your District Get Caught on the Losing End of a Lawsuit. American School Board Journal, 161, 7, 23-25, Jul 74. Examines the background of due process as it relates to school discipline, as well as several recent court decisions involving this point of law. (Author)…
(1980). Discipline by Grade Reduction and Grade Denial Based on Attendance. The courts have established that students have a right to due process when they are suspended from school for disciplinary reasons, since suspension involves depriving the student of his entitlement to an education. When grade reduction is used for punishing absence or tardiness or to discourage unacceptable behavior, must due process also be used? From several cases tried in federal courts it appears that due process must be used, but the appellate court of Illinois and the Supreme Court disagree on how to tell whether due process has been denied. The Supreme Court, in \Goss v. Lopez,\ stated that any deprivation of rights required procedural due process, while the appellate court held in other cases that the severity of deprivation had to be unreasonable before due process rights could be considered to have been denied. In general, it appears that grading or the awarding of academic credit should not be used arbitrarily to control behavior, but should depend on the subjective…
(1970). Mexican Americans: A Brief Look at Their History. This short survey begins with a definition of the Mexican American and some of the questions asked by the general public about his culture and aims. It outlines the history of the United States' involvement with Mexico and explains the experience of the Mexican Americans after the end of the Mexican War in 1848. Their ethnic origins and the rich cultural backgrounds of both Mexico and Spain are described, as well as the Spanish settlement of the Southwest and California. The widespread disregard for the provisions of the Treaty of Guadalupe Hidalgo, which called for the free enjoyment of liberty, property, and religion, and the U.S. settlement of the West in the goldrush led to their being downgraded as citizens by means of new land registry laws and legal systems, the requirement of literacy in English as a voting qualification, and an Anglo-dominated school system. The employment of immigrant day-laborers along the border and the prevelance of Spanish-language newspapers, movies,… [PDF]
(1987). Search and Seizure: A Risk Assessment Model for Public School Officials. Journal of Law and Education, v16 n4 p403-33 Fall. Provides a model of search and seizure procedures available to public school officials and a discussion of the legal liability and risks involved in the use of the different procedures. Discusses probable cause, warrant requirements, and reasonable suspicion. Includes an appendix with a sample search and seizure policy. (MD)…
(1974). Brush Up in One Short Sitting: Ten Years of Tumult in School Law, and Their Lessons. American School Board Journal, 161, 1, 48-51, Jan 74. The late 1960's have seen teachers and students gain rights in school that they had not had before. No longer can the administrator and the school board act as their own lawyer. (Author/WM)…
(1972). High Schools, Marriage, and the Fourteenth Amendment. Journal of Family Law, 11, 4, 711-736, 72. …
(1983). The Fluke Press: Values Analysis for Intermediate Grades. Georgia Social Science Journal, v14 n3 p48-51 Fall. Two true stories and a satirical poem dealing with conflict between respect for authority and freedom of speech are used as examples for classroom discussion about citizen responsibility. (IS)…
(1982). Reconciling the Competing Interests of Parent and Child. School Law Bulletin, v13 n2 p1-9 Apr. Examines first the right of parents to decide educational issues that affect their children and then the bases for children's rights. Proposes a standard for insuring that children's interests are protected when conflicts erupt over an educational issue. (Author/MLF)…
(1990). An Instructive Review of the Law Pertaining to the Graduation of Special Education Students. Remedial and Special Education (RASE), v11 n4 p7-13 Jul-Aug. The legal parameters concerning how and when to properly graduate special education students are examined, through review of the United States Constitution, the Rehabilitation Act, the Education of All Handicapped Children Act, and subsequent case law. Recommendations on how school districts can properly terminate services are also presented. (Author/JDD)…