(1981). Who Serves?. Society, v18 n3 p57-60 Mar-Apr. While inequity and social bias are relevant to the issue of military conscription, we should recognize that the present controversy over selective service involves national values and the credibility of institutions. A newly designed selective service system is likely to be more just than the present volunteer system. (Author/GC)…
(1981). Restitution and Parental Liability as Alternatives to School Discipline. Education Digest: Essential Readings Condensed for Quick Review, v47 n2 p25-28 Oct. Considers legal and programmatic issues involved in having juveniles or their parents make financial restitution for delinquent acts. Makes recommendations to school officials on using restitution as part of school discipline policy. Condensed from "A Legal Memorandum," May 1981, published by the National Association of Secondary School Principals. (Editor/SJL)…
(1980). Lyndon Johnson Redefines "Equal Opportunity": The Beginnings of Affirmative Action. Central States Speech Journal, v31 n2 p85-94 Sum. Examines Lyndon Johnson's rhetoric in bringing about a shift in the concept of "equal opportunity" from nondiscrimination to affirmative action through the process of dissociation. Defines dissociation as separating a unitary concept into parts, identifying the less valued part, and reformulating the more valued part. (JMF)…
(1981). Vocational Education Serves the Handicapped. VocEd, v56 n3 p22-25 Apr. Examines the legal mandates requiring vocational education to serve the handicapped and presents examples of progress that has been made over the past 10 years. (LRA)…
(1980). Narrowing Limits of Administrative Discretion. Peabody Journal of Education, v58 n1 p22-26 Oct. This review of court cases and statutes focuses on the impact of the first and fourteenth amendments and antidiscrimination legislation. Three recommendations are made: (1) The need for liability insurance is evident; (2) Every college and university should retain its own legal council; and (3) Institutions with collective bargaining should employ a full-time attorney. (JN)…
(1980). Jobs and Beyond. Women at Work, n1 p4-21. Examines and analyzes some basic questions on women's place in the process of development. Outlines the low position women occupy in various economies in the developing world which makes them the most underprivileged group of workers. (JOW)…
(1979). "U.S. v. Michigan" and "Washington v. Fishing Vessel Association": A Comparative Review. American Indian Journal, v5 n8 p2-7 Aug. The Supreme Court joins a U.S. District Court to deliver two decisions regarding treaty right fishing which are vitally important to the law of federal-Indian treaty rights. This essay explains the nature of those cases, the matters at issue in them, and their relationship to each other. (NQ)…
(1979). Children's Legal Rights in Maryland. Journal of the International Association of Pupil Personnel Workers, v23 n4 p207-16, 245-54 Sep. A professional's ability to provide services will be enhanced if he is familiar with legal implications inherent in activities in which children are involved. This provides Maryland professionals with a perception of the rights of parties in juvenile justice, education, medical care, and parental abuse and neglect, and foster care. (Author)…
(1979). The Rights of the Child at School. Education Canada, v19 n3 p9-13,25 Fall. The author argues for the delineation of children's and student's rights in Canada's proposed new federal constitution. He discusses the traditional legal status of schoolchildren and defines their welfare and option rights. (SJL)…
(1976). Section 1983, the Eleventh Amendment, and General Principles of Tort Immunities and Defenses: Who Is Left to Sue?. UMKC Law Review, 45, 1, 29-55, F 76. The possibilities of successfully suing a state entity have been narrowed by the Eleventh Amendment, the definitional exclusions imposed by the Supreme Court in its interpretations of section 1983's legislative history, and the inapplicability of the doctrine of various liability to section 1983 suits. Such narrowing of the permissable scope of 1983 actions is approaching the pointing of barring them altogether. (Author/LBH)…
(1976). Racism and the Constitution: 200 Years of Inequality. Intellect, 105, 2376, 23-6, Jul-Aug 76. …
(1976). Toward a Constitutional Definition of Racial Discrimination. Emory Law Journal, 25, 3, 509-78, Sum 76. An analysis of the approaches taken by the Supreme Court in determining the existence of unconstitutional racial discrimination is presented. Cases involved voting rights, jury selection, gerrymandering, segregation of schools and of public and private facilities, and distribution of governmental burdens and benefits. (LBH)…
(1976). Employment Discrimination–Washington v. Davis: Splitting the Causes of Action Against Racial Discrimination in Employment. Loyola University Law Journal, 8, 1, 225-49, F 76. The effect of Washington v. Davis on employment discrimination litigation under the fourteenth amendment and section 1981 of the U. S. Code is examined along with the impact of the decision on Title VII standards. The case involved employment tests for acceptance into the District of Columbia Police Department. (LBH)…
(1977). Act Three: Some Thoughts on the Thrust of Title VII. Employee Relations Law Journal, 2, 3, 262-71, win 77. During the 10 years of existence of Title VII, the compliance agencies and courts have gradually developed procedures and standards of proof looking toward the eradication of bias and discrimination in employment. The course of Title VII to date is reviewed and some observations on future approaches are offered. (Editor/LBH)…
(1998). Language Rights: Interests of State, Language Groups, and the Individual. Language Sciences, v20 n1 p63-72 Jan. Focuses on the question of how language rights can be subjected to legal provisions. Argues that, because language has social and individual aspects, working out solutions for specific situations is more important than universal principles. Argues against the idea that languages are objects deserving of legal protection. (14 references) (Author/CK)…