(1997). The Yearbook of Education Law 1997. An overview of how legal decisions involving education are handed down is provided. Organized into 10 parts, part 1, \Employees,\ (Ralph D. Mawdley) focuses on court actions that addressed school board compliance with district and state policies regarding dismissal, nonrenewal, demotion, and discipline. Part 2, \School Governance,\ (Donald F. Uerling) examines cases involving state boards, commissioners, and departments of education. Part 3, \Pupils\ (William E. Camp) looks at complex issues concerning how to balance the rights of students, the interests of parents, and the duty of the schools to maintain an orderly learning environment. Part 4, \Bargaining,\ (Julie F. Mead) addresses cases involving collective bargaining and labor relations in elementary and secondary schools. Part 5, \Students with Disabilities,\ (Allan G. Osborne, Jr.) deals with legal action that involves students with disabilities including placement, discipline, state laws, and the Americans with Disabilities…
(1991). A Legal History: University Recognition of Homosexual Organizations. ACU-I Bulletin, v59 n2 p4-9 Mar. This paper discusses the legal precedents that have supported the official recognition of homosexual organizations by universities and colleges. Among the court cases that are reviewed are the following: (1) Brandenburg v. Ohio (1969), which ruled that expressions not inciting unlawful behavior may not be subject to government restraint; (2) Healy v. James (1972) and Wood v. Davison (1972), which ruled that First Amendment rights of freedom of association applied to students, and as a result, official university recognition was necessary to protect that right; (3) Gay Students Organization of the University of New Hampshire v. Bonner (1974), which ruled that mere speculation of future illegal activity was an insufficient reason for regulation by the university; and (4) Gay Rights Coalition of Georgetown University (1981, 1983) and Gay Rights Coalition v. Georgetown University (1987), a nearly decade long struggle which culminated in the decision that the Catholic university had… [PDF]
(1982). Practical Law in New Mexico. This book was written for teachers and students as a New Mexico supplement to "Street Law: A Course in Practical Law" (West Publishing Company, 1980), a text used in many high school law classes. The book may also be used as a teacher and student resource for civics, government, and other courses in the high school curriculum, or lay people might find the book useful as a practical handbook on New Mexico law. The material is current as of January, 1982. The first seven chapters, each of which corresponds to a chapter in the "Street Law" text, deal with the following topics: introduction to law, criminal law, juvenile law, consumer law, family law, housing law, and individual rights law. An eighth chapter dealing with employment law in New Mexico is also included. (Author/RM)…
(1975). DeJure Desegregation: The Quest for Adequacy. Journal of Law and Education, 4, 1, 141-157, Jan 75. Examines theories developed since the Brown decisions that concern the remedial obligations of school systems found to be illegally segregated. (Author/DW)…
(1975). Student Distribution of Nonschool-Sponsored Literature. School Law Bulletin, 6, 2, 1-6, Apr 75. Court decisions show that school officials must protect the freedoms guaranteed students by the U. S. Constitution, including the right to distribute unpopular literature excluding material that is obscene or libelous, or that contains fighting words or promotes lawless action. (Available from the Institute of Government, University of North Carolina, Chapel Hill) (DW)…
(1990). Student v. Union: Colleges at Risk. ACU-I Bulletin, v58 n1 p4-8 Jan. College union administrators should be careful about the use of facilities, particularly in public schools, because of the potential for legal liability. Institutions of higher education today are vulnerable to being sued in regard to issues of free speech, trespass, and religion. Areas of potential liability include (1) serving alcoholic beverages, (2) certain potentially physically harmful activities, e.g., trampolining, (3) structural hazards such as holes in athletic fields and dangerous staircases (particularly a problem when students have become inebriated), and (4) violations of First Amendment rights. The First Amendment to the U.S. Constitution, although not strongly applying to private schools, is very applicable to public schools. Attempts to restrain, for example, the exercise of free speech during demonstrations, or the banning of activities of certain religious groups must be carefully considered. Additionally, in matters of student discipline, if the institution acts… [PDF]
(1986). Equity: The Critical Link in Southern Economic Development. Cross-Cutting Issue Report No. 2. This report presents a general overview of equity issues in the modern South. It discusses access to such needs as jobs and job opportunities, health, housing, education, government benefits, political power, resources, and protection. Six at-risk groups receive special focus: the poor; Blacks; Hispanics; women; older Southerners; and the handicapped. These major recommendations for increasing equity are offered: (1) dispel myths about the poor and minorities, and utilize their dignity and strengths; (2) educate the public to be aware of the interdependence of society, and to recognize that healthy development is equitable development; (3) involve community based organizations in planning and policy development; (4) coordinate planning in State and local government, and involve all relevant departments under strong gubernatorial leadership and commitment; (5) involve the private sector as a partner; (6) identify and adopt effective models for educational and economic development;…
(1983). The Legal Situation of Latin American and Caribbean Women as Defined according to the Resolutions and Mandates of the United Nations System. Volume II: File Sheets of Resolutions on the Legal Situation of Women. This document contains a systematized inventory of the measures relating to the legal and social status of women adopted in various regional and world forums. The inventory was used to study the legal situation of Latin American and Caribbean women, defined according to the resolutions and mandates of the United Nations system. Organized by forum and in chronological order, the first part includes a summary of the resolutions (conventions, recommendations, declarations and resolutions) dealing with the legal situation of women, while the second summarizes the information included in the Plans of Action referring to the subject. The measures included were selected from the following forums: United Nations General Assembly; Economic and Social Council; International Conference on Human Rights (Tehran, Iran, 1968); World Conference of the International Women's Year (Mexico City, Mexico, 1975); World Conference of the United Nations Decade for Women: Equality, Development, and Peace…
(1985). Language Planning, Marginality and Regional Development in the Irish Gaeltacht. Discussion Papers in Geolinguistics No. 10. This paper explores the relationship between ethnolinguistic maintenance and regional economic development in the context of the regional planning policies of the minority language Gaeltacht areas. The Gaeltacht areas, where the Irish language (Gaeliz) is predominant over English, are primarily found in the extreme western portions of Northern and Southern Ireland and the southern part of Southern Ireland. The current language situation in the Gaeltacht and the roles of language planning policies, government economic policies and planning, industrial development, and educational policy are outlined and examined. It is concluded that substantial improvements in the area's economic future must be tempered by only modest expectations of language survival, despite recent efforts to remedy some policy weaknesses and encourage language maintenance. Greater emphasis in geolinguistic research on the roles of the state, the community, and the individual and his linguistic expectations and…
(1987). South Africa: Challenge and Hope. Revised Edition. In South Africa, racial identification determines all facets of a person's life–political, economic, and social. Divided into ten chapters, this book was prepared to increase public awareness of black South Africans' struggle for freedom. Chapter one discusses how the system of apartheid is built on the official identification of all citizens by race; the restriction of voting rights to whites, coloureds, and Asians; a parliament with built-in control for whites; segregated areas for ownership and occupation of land and housing; segregated, unequal education and health systems; and restricted personal and social interaction among groups. Apartheid is enforced by a range of far reaching security laws, applied by police and military forces. The historic forces that molded such a society are explored in chapter two. The resistance by blacks to white domination is the focus of chapters three and four. Chapter five charts the political relations of South Africa with its neighboring…
(1987). Integration in Italy: A Dynamic Movement. The result of trips by American special educators to Italy in 1984 and 1986, this paper reviews laws, public policy, and events in Italy's recent history leading to widespread desegregation of the disabled special schools and other institutions. The review of legislation focuses on National Law 517 (1977) with such specified strategies for pupil integration as the following: maximum size of integrated classes is 20 students; extracurricular activities must include all students; classes tracked by ability are abolished; traditional grading is abolished and replaced by overall assessments. Integration of the disabled is seen to be an ethical issue with segregation effectively intensifying the disability. Supportive elements in the Italian integration movement have included interdisciplinary support teams to help the teacher; a sense of shared responsibility by parents, teachers, and the community at large; a commitment to educating the public; and the influence of strong charismatic…
(1983). Ethnicity, Law and the Social Good. Volume II. Ethnicity and Public Policy Series. This volume examines the relationship between ethnicity and the law, looking at the two, first in principle and then as they relate to education, employment, and neighborhoods. Philosophically, the papers included in the book represent 4 different perspectives: (1) that the law should recognize only individual rights and that membership in an ethnic or racial group is a purely private matter; (2) that the law should grant compensatory recognition of ethnic identity; (3) that ethnicity is of inherent value and that public policy should support ethnic diversity because it contributes to the social good; and (4) that ethnicity is a social problem because complex economic and political forces acknowledge and perpetrate ethnic and racial divisions and also often negatively influence these groups. Authors of articles that represent the various perspectives include Peter J. Kellogg, Raoul Berger, Robert M. O'Neil, Nathan Glazer, Richard Ruiz, Cyrena N. Pondrom, Manning Marable, and Richard…
(1987). Free Press & Fair Trial. Revised Edition. In relation to law enforcement and the courts, the press serves to inform the public about crimes and how government institutions deal with them. The press also plays a crucial role in assuring that the rights of individuals guaranteed by the Sixth Amendment are protected. The issue of prejudice, caused by news coverage of crime and criminal proceedings, has been raised in many appeals by convicted persons. The appellate court has refused in virtually all cases to overturn convictions on grounds of pretrial or trial news coverage. Through an analysis of historical and legal precedent, the summary and five chapters of this book describe the way in which the appellate courts have interpreted these cases. Chapter 1 presents the history of the free press of the United States. Chapter 2 discusses the Supreme Court's interpretation of the First Amendment and the evolution of the rights of the free press. The free press and a free trial as guaranteed in the Constitution's Sixth Amendment…
(1977). Do Principals Need Guidelines on First Amendment Rights of the Student Press? Research Report Vol. 7, No. 5. A sample of high school principals, sponsors/advisers, and student editors were surveyed concerning their knowledge of communication law in relation to freedom of the press under the First Amendment. The sample of 126 schools was drawn by random numbers from 202 schools in 31 states. Related court decisions were selected and adapted into ten composite cases and submitted to the sample, along with requests for some additional items related to their opinions and backgrounds. Each respondent was asked to indicate how he thought a judge might decide on each of the case items. Forty percent (151) of the subjects responded. A statistical analysis was computed for the number of correct responses to each case item by class of respondent. Also, for each case item within each of the respondent classes, cross-reference analyses were made in terms of the education, journalism background, and professional education experience of the respondents. (Author/MLF)…
(1977). Toward a New Bill of Rights. The theme of the 1976 Urban League Conference was \a new bill of rights\ for all Americans. Rights of blacks and other minority groups were particularly emphasized. The subject of the right to black representation in the American political system was addressed by Samuel Du Bois Cook. The keynote address by Vernon E. Jordan, Jr. considered such issues as the rights of all citizens to education, economic security, health, family stability, political representation, and the right to safe communities. Andrew Billingsley, James G. Haughton, Andrew F. Brimmer, Edythe J. Gaines, and Thomas A. Bradley all spoke to at least one of these issues. Carla Hill's address reviewed the progress of federal urban programs in the year preceding the Conference. Henry Kissinger spoke about foreign affairs, particularly the U.S. relationship with Africa. W.J. Usery, Jr. and William M. Ellinghaus stressed black participation in the American private enterprise system. Yvonne Braithwaite Burke, Arthur A….