(1974). Recent Developments in Student Affairs. Journal of College and University Law, 1, 3, 264-8, Spr 74. The rapid development and application to universities and colleges of the constitutional principles of the First Amendment are analyzed with special reference to Healy v. James and its present and possible future ramifications in the area of student affairs including use of university facilities, student conduct, and organizational activities. (JT)…
(1975). Defining the Situation. Negro Educational Review, 26, 4, 142-146, Oct 75. Critically examines James S. Coleman's stated views on public school desegregation and public policy, asserting that the use of empirical research on the effects of desegregation to form policy on the pursuance of integration overlooks the rights blacks have as citizens to integrated public facilities, including schools. (JM)…
(1975). Gender and the Constitution. University of Cincinnati Law Review, 44, 1, 1-42, 75. In discussing the constitutional aspects of the sex-role debate in the U.S. the author traces the tradition, compares the present criterion of equal protection to the equal rights argument, and analyzes the equality principle with reference to affirmative action and to childbearing and childrearing, supporting the proposed equal rights amendment. (JT)…
(1975). A Time for Strong Alliances. Journal of Intergroup Relations, 4, 1, 7-13, Apr 75. A call for new coalitions to combat the racism and mindless materialism that divides America in the hope of reaffirming a sense of purpose and a will to justice for all Americans. (EH)…
(1975). Trends in School Finance Reform. Phi Delta Kappan, 56, 8, 542-546, Apr 75. Presents criteria that have been clarified by recent court decisions in school finance cases and reform guidelines that have emerged from State action. (Author)…
(1990). American Woman 1990-91: A Status Report. Third Edition. This volume provides an overview of how U.S. women and their families are faring. The contents include statistical information and articles on women's issues and documents the progress for and by women. The topics covered include: (1) African American families in the United States; (2) women and affordable housing; (3) child care; (4) gender equality and employment policy; (5) women and contingent work; (6) women in medical school; (7) women in business; (8) women in art; (9) Hispanic women; (10) Asian and Pacific American women; (11) American Indian women; (12) U.S. women's movement today; (13) women and the peace movement; and (14) emergence and growth of women's studies programs. Tables, charts, statistical data, and an extensive bibliography also are included. (NL)…
(1986). "SpaceCam": Legal Issues in the Use of Remote-Sensing Satellites for News Gathering. News media representatives foresee a growing use of remote-sensing satellites to gather data, including data that could be used to check government claims about military and other activities occurring anywhere on the planet. The satellite technology is developing rapidly, and several nations and private corporations are involved in separate efforts to market such data to news organizations and other customers. With costs dropping, major news organizations might, in the near future, seek to have their own satellites, and government national security interests, international obligations, and privacy concerns might conflict with media assertions of First Amendment rights to use the data. United States Government decisions to turn the remote-sensing satellite field over to private industry strengthen the media's legal position. News organizations have presented two proposals to resolve the conflicts. The first, which would establish standards for applying national security restrictions,…
(1987). Substance Abuse in the Workingplace: Readings in the Labor-Management Issues. This document contains a collection of readings offering a broad overview of the subject of drug and alcohol abuse in the workplace. Included are: (1) "'Miller Time' in Antebellum America: An Historical Appraisal of the Drinking Habits of the Working Class" (John C. McWilliams); (2) "The Impact of Substance Abuse at the Workplace" (James T. Wrich, et al.); (3) "The Role of Employee Assistance Programs in Dealing with Employee Substance Abuse" (Judith Vicary); (4) "Why Drug Testing is a Bad Idea" (Lewis L. Maltby); (5) "The Employer's Need To Provide a Safe Working Environment: The Use and Abuse of Drug Screening" (Richard E. Dwyer); (6) "Managerial Control, Employee Assistance Programs, and the Medical Disease Ideology of Alcoholism" (Richard M. Weiss); (7) "Drug and Alcohol Abuse in the Workplace: Balancing Employer and Employee Rights" (Thomas E. Geidt); (8) "Screening Workers for Drugs: A Legal and Ethical… [PDF]
(1986). The Deregulation of U.S. Communication Policy. This analysis of government regulation of America's broadcast service provides: (1) a historical view of radio and television regulation, including the doctrines of scarcity and public trustee and other areas affected by deregulation in particular; (2) an analysis of the argument for deregulation; and (3) an assessment of the First Amendment, the public interest standard, and content regulation. The major goal of the analysis is to determine the degree to which deregulation accommodates the contemporary American broadcast marketplace including both broadcasters and the public. It concludes that: (1) deregulation is likely to be beneficial to both broadcasters and the public in terms of greater program flexibility and innovation, and in reducing unnecessary economic burdens; (2) broadcasters will still be subject to comparative applications and renewals, as well as other statutory rules still in force, which may result in very little change; and (3) little progress has been made on…
(1984). The United Church of Christ: Defending Access to Broadcasting. The 20-year conflict of the United Church of Christ (UCC) with the broadcast industry concerning discrimination is described in this report, which first details in part how UCC's challenge to the license renewal of station WLBT-TV in Jackson, Mississippi, established important legal precedents. It then describes UCC's groundbreaking work in investigating discriminatory hiring practices of broadcast stations, and reviews the reported reticence of the Federal Communications Commission (FCC) in taking decisive action to stop abuses. Other areas of relevance detailed in the report are the UCC's involvement in challenging the FCC's stance on deregulation of airwaves as public property, and the regulation of cable broadcasts. (CRH)…
(1987). Judicious Discipline. By allowing students the opportunity to experience individual freedoms and encouraging them to learn and practice the responsibilities emanating from their individual rights, educators are teaching students how to govern themeslves. "Judicious Discipline" offers a perspective for school rules and decisions based on the Bill of Rights and this time-tested concept of classroom equanimity. This book introduces a simple, logical, and legal approach to classroom management. Part I briefly reviews the historical background and constitutional law applicable to public education and a structure for implementing rules and decisions. Part II develops a framework of school rules and consequences designed to teach students how to function well in a participatory society–a contradiction to the autocratic environment of most American homes and many schools. Part III offers implementation strategies and techniques, along with suggestions for change regarding attendance, grading…
(1987). Extending Liberty Westward: The Northwest Ordinance of 1787. The Northwest Ordinance of 1787, which provided for government of the largely unsettled frontier area north of the Ohio River and for an orderly, three-stage transition of the territories from control by national government to full and equal statehood, joins the Declaration of Independence and the U.S. Constitution to form a trinity of founding-era documents that charted the course of a new nation. The Northwest Ordinance aroused conflict in Indiana and more broadly among U.S. citizens over slavery and sectionalism, states' rights, representative government, western expansion, and individual freedom. The Indiana Territory was created in 1800, and its first governor was William Henry Harrison. Many of Harrison's fellow settlers resented their lack of a voice in government and pushed hard for transition to the second, semi-representative stage as promised in the ordinance. The force of numbers pushed Harrison to agree to movement to the second stage. The pattern of conflict was… [PDF]
(1983). Equality of Educational Opportunity for National Origin Minority Students. The legal bases of federal and state requirements for addressing the linguistic and academic needs of national origin minority students are reviewed. A national origin minority student is defined as one whose home language is other than English and who is not performing up to district standards of proficiency. The legal milestone leading to requirement of educational services for minority students, the educational issues raised by the Lau v. Nichols decision, the minimum educational services for minorities required under the Lau remedies, issues raised in regard to minority educational rights over the past 7 years, and California statutes supporting the educational needs of minority students are discussed. In conclusion, the law requires equality of educational opportunity for minority students, but the operation of this principle and compliance with the law have been addressed only within the last 5 years. (RW)… [PDF]
(1974). Public Law 280: Behind the Trail of Termination. Education Journal of the Institute for the Development of Indian Law, 2, 6, 4-6, 74. Public Law 280, enacted in 1953, dealt with termination but resulted in challenges to tribal jurisdiction. Practically no legislation has been enacted since then which would help with the question of jurisdiction in civil and criminal areas. (AH)…
(1974). The Indian Bill of Rights. Education Journal of the Institute for the Development of Indian Law, 2, 6, 7-9, 74. The Indian Bill of Rights was passed in 1968, and although it stopped transfer of jurisdiction from tribes to State courts, it also created problems for tribal governments and tribal judges. (AH)…