(1987). Land and Liberty: The Ordinances of the 1780s. The U.S. Constitution established the broad legal frame for the U.S. political order; the ordinances provided the indispensable means for the expansion of that order across the continent. The first effort at organizing the northwest occurred in 1784. Written by Thomas Jefferson, the Ordinance of 1784 defined the stages through which territories should pass to statehood, made membership in the confederation perpetual, outlawed slavery, and required that state governments should be republican. The Land Ordinance of 1785 solved the problem of the orderly distribution of land. The Northwest Ordinance, enacted by Congress on July 13, 1787, contained machinery for state making and the Articles of Compact. Provisions assuring freedom of religion, trial by jury, habeas corpus, security of property and contract, proportional representation, public support of education, and the exclusion of slavery from the northwest in the territorial stage were included in the Articles of Compact. The… [PDF]
(1982). The Current Attack on Women's Rights: A Political-Economic Perspective. The right-wing attack on women's rights in the United States manifests itself in the regulation of reproductive rights, the family, and the workplace and corresponds to the changing needs of capital in an era of social and economic crises. Against this background, anti-abortion legislation, the Family Protection Act, and discrimination in the workplace are supported by a national network of power and corporate wealth funded by industrialists and financiers. Currently, more women are entering the work force to supplement family income or as single heads of households. Women remain subjugated, however, by a bourgeois morality that suggests they are primarily wives and mothers and secondarily workers; as a result, low wages for women are legitimized. Until this bourgeois morality is challenged in the United States, women will continue to be exploited and capital will retain a free hand to move them in and out at will. The attack on women is only a small part of the national network of…
(1981). Parents Can Be the Key…To an Appropriate Education for Their Handicapped Child. Written for parents of handicapped children in Minnesota, the booklet decribes parents' rights and responsibilities in special education. The question and answer format addresses the following topics: changing rights as a result of P.L. 94-142 (The Education for All Handicapped Children Act) and Section 504 of the Rehabilitation Act of 1973; types of disabilities and ages of eligibility; components of the assessment process; parental role in assessment; individualized education programs; related services; appropriate placement; procedures (including due process hearings and appeals) that parents can take when they do not agree with the schools; suggestions for communicating with the school; and ways to be a good advocate. The booklet concludes with answers to seven rights-related questions and a list of Minnesota organizations and referral sources. (CL)… [PDF]
(1981). Spanish Language Planning in the United States. Professional Papers RU-1. Spanish language planning needs and efforts in the public domains of health, law, work, media and communication, citizenship, social welfare, and education are described. For each of these domains, communication inadequacies, planning authorities, plans for alleviating inadequacies, and efforts at implementation of plans are identified. Perceived language inadequacies in the provision of services to the Spanish-speaking community have been addressed by a wide range of interacting planning authorities. Federal language planning activities are most often in the form of court decisions followed up by laws or regulations. Legal claims based on language discrimination must be backed up by a demonstration that substantial rights are diminished by lack of bilingual services. Other language planning activities include publication of textbooks to teach Spanish to personnel who serve Spanish speakers, bilingual signs and other information sources, and the training and use of interpreters. It… [PDF]
(1974). The Advocacy Role of the Human Rights Commission. Journal of Intergroup Relations, 3, 4, 38-43, F 74. Explores three alternative paths to dealing with racism, and how human rights agencies can relate to each of these, viz., disruptions of institutions, creation of parallel institutions, and, working through established channels within institutions. (Author/JM)…
(1974). Sex Discrimination as Public Policy. Educational Forum, 39, 1, 7-15, Nov 74. Article examined the policy procedure that existed until struck down by the Supreme Court which made it a violation of the due process clause of the U. S. Constitution to promote discriminatory maternity leave policies. (RK)…
(1974). Intergroup Relations Reconsidered: A Reply to Perlmutter. Journal of Intergroup Relations, 3, 2, 45-49, Sum 74. A reply to \Intergroup Relations in the U.S.: Never Better,\ an article by the Director of the New England Region of the American Jewish Committee which appeared in Summer, 1973; the author is Director of the Human Rights Information Service, Michigan State University. (JM)…
(1974). Your Right To Swing Your Arm Ends Where My Nose Begins. Instructor, 84, 1, 60-4, Aug/Sep 74. In this article author explored our freedoms and with hypothetical cases illustrated how the freedoms can be granted or denied based on an interpretation of the Bill of Rights. (Author/RK)…
(1973). Legal Aid Programs Seek Justice, Protection, Education for Indians. Education Journal of the Institute for the Development of Indian Law, 2, 3, 19-21, Oct 73. American Indian Legal Aid Programs throughout the country are briefly described. (KM)…
(1977). Is Sex Suspect? And Other Issues Regarding Sex Discrimination in Education. This chapter presents a long look at the development of the concept of sex discrimination in education to see whether trends or key cases can be identified and discussed. In this a comparison is essayed with the development of the concept of racial discrimination in education through the school desegregation cases to see what the race cases might teach about the potential development of a jurisprudence of sex discrimination in education. Two important preliminary observations are (1) there is a failure to apply precedents regarding discrimination in racial cases to sex discrimination cases; (2) the number of \reverse discrimination\ cases seems to equal or exceed cases brought by the women whom the laws were enacted to protect. While it may be especially disappointing to women that discrimination precedents from racial cases do not apply to them, the greater disappointment is in the failure of the legal system to uphold impartial standards for all. The sex discrimination cases will…
(1977). The Desegregation of School Systems: Where the Courts are Headed. The author of this paper reviews and discusses the issues behind and the decisions made by the Supreme Court in a number of school segregation cases since the 1950's. There has been no shortage of constitutional principles developed in these judicial opinions. Racial isolation and the \separate but equal\ philosophy are but two of the principles which have been considered by the courts. However, the ultimate end in view is the securing of a sound and broadly based education for as many children as possible. The author holds this vision to be beyond authoritative extrapolation from general principles, and thus beyond the judiciary. Because education is, at bottom, defined culturally, those people who want it for their children must ultimately be consulted about how \education\ should be defined. It would seem most fair, therefore, that educational policy be articulated in legislation and subjected to continuous accountability from the public, its ultimate consumer. (Author/GC)…
(1977). The Legal Status of Homemakers in the District of Columbia. The document explores the legal status of the homemaker and the law in the District of Columbia, emphasizing those laws and judicial precedents that fail to give proper recognition to the value of the homemaker. The rights given to the homemaker under support, property, divorce, and inheritance laws are said to be the concrete measure of the homemaker's value to society. The booklet is arranged into three broad sections focusing on how the laws affect homemakers during marriage, widowhood, and divorce. The first section on marriage summarizes laws pertaining to the support of a wife, choice of domicile, a wife's disability and physical abuse, and credit laws. The second section on divorce and separation discusses property division, alimony, child custody, support, modification of divorce decree, enforcement, and government assistance in support collection. The last section on widowhood considers the situations in which the husband has died with or without leaving a will, considers…
(1975). Broadening the Concept of Bilingual Education. Integrated Education, 13, 3, 171-172, May-Jun 75. In testimony before the May 1974 public hearings of the New York City Commission on Human Rights, the Consultant on Bilingual Education for Texans for Educational Excellence notes that organization's investigation of the El Paso Independent School District and of other school districts in the southwest identified discriminatory practices other than those associated simply with languages. (Author/JM)…
(1975). Legal Rights and Responsibilities of Homosexuals in Public Education. Journal of Law and Education, 4, 3, 449-467, Jul 75. Examines reported decisions that deal with questions of the employment, contract nonrenewal or dismissal, and revocation of teaching certificates of homosexuals in public education. Discusses emerging issues and legal principals dealing with the homosexual-educator. (Author)…
(1975). Debate: Preferential Admission in Higher Education: Should We Support or Condemn it?. Civil Liberties Review, 2, 2, 95-116, Spr 75. Two civil libertarians, who take opposing positions on the civil liberties aspects of preferential treatment, contributed first statements of their positions– entitled, respectively, \Eliminating Racial Inequality in a Racist World\ and \Honorable Ends, Unsavory Means\; also includes brief rebuttals of each other's positions. (JM)…