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Descriptors:
Federal Government; Legislators; Federal Legislation; Constitutional Law; Debate; Rhetoric; Voting; Civil Rights; Females; Feminism; United States History; Race; Immigrants; Politics

Abstract:
Through its analysis of the rhetorical means by which the US Congress overcame jurisdictional objections to federal action on the issue of woman suffrage, this essay argues that the stasis of jurisdiction operates as a mode of assemblage of discourses, institutions, and populations. In Congress, the woman suffrage issue helped re-organize federal and state prerogatives over the management of racial and ethnic relations at home and US leadership abroad. Thus, from a governmental perspective women did not emerge as constituents but as tools of public policy. As a legislative precedent, the 19th Amendment debates prompt critical attention to the particular constraints that the discourses of state institutions pose for feminist political change. (Contains 84 notes.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Freedom of Speech; Democracy; Constitutional Law; Political Attitudes; Court Litigation; Terrorism; Civil Rights; College Faculty; Academic Freedom

Abstract:
For years, libertarians had fought laws and policies barring Communists from teaching as direct assaults on the First Amendment, while supporters of loyalty programs had painted all Communists as mental slaves of Moscow. In 1952 the Supreme Court upheld New York's 1949 Feinberg Law, which required detailed procedures for investigating the loyalty of every public-school teacher and ousting anyone who had engaged in "treasonable or seditious acts or utterances" or joined an organization that advocated the overthrow of the government by "force, violence, or any unlawful means." It was a typical cold-war-era loyalty law; hence, "Adler v. Board of Education," the Supreme Court's 1952 decision upholding it, had nationwide repercussions. In "Adler," a majority of the court found no First Amendment problem with the Feinberg Law. Embracing the anti-Communist fervor of the time, the court said that teachers had no right to their jobs; and because they worked "in a sensitive area" where they shaped young minds, the authorities were entitled to investigate their political beliefs. Even at that unfortunate moment for free speech, however, the court was not unanimous. Fifteen years later, in 1967, "Adler" was overturned by the ruling on "Keyishian v. Board of Regents," which rejected the idea that restrictions on expression, ideas, and political associations are permissible under the First Amendment as conditions of public employment. Battles over free speech on the campus continue to bedevil the national politics. Today's war on terrorism has replaced anti-Communism as a justification for limiting civil liberties, both on the campus and off. Professors' free-speech rights are no greater than everybody else's. But their special task in furthering democracy requires protections. Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Principals; Educational Legislation; Administrator Responsibility; Legal Responsibility; Knowledge Level; Decision Making; Court Litigation; Constitutional Law; Civil Rights; Student Rights; School Law

Abstract:
Educational law is a critical piece of the education conundrum. Principals reference law books on a daily basis in order to address the wide range of complex problems in the school system. A principal's knowledge of law issues and legal decision-making are essential to provide effective feedback for a successful school.

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 ERIC Full Text (246K)

Descriptors:
Legal Responsibility; Employees; Court Litigation; Electronic Learning; Information Policy; Freedom of Speech; Speech Communication; Electronic Publishing; Teacher Rights; Internet; Context Effect; Cultural Context; Constitutional Law

Abstract:
Many of the recent legal decisions regarding public employee expression, particularly in electronic environments, run counter to the culture being facilitated by the Internet. This article uses a legal analysis to examine recent decisions and then considers those legal positions within the context of digital expression. (Contains 2 notes.)

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Principals; Constitutional Law; Legal Problems; Administrator Attitudes; Web Sites; Court Litigation; Freedom of Speech; Internet; Predictor Variables; Statistical Analysis; Computer Attitudes

Abstract:
Principals have acknowledged the challenges with remaining current on issues in the law. A unique challenge for principals is the intersection of students' First Amendment rights in the school context and the legal issues surrounding student-created webpages. Using a randomly selected sample of Ohio high school secondary principals, I investigated administrators' attitudes concerning the scope of their authority in regulating student Internet expression (i.e., webpages). In this study, attitudes are defined as a predisposition to respond to a social object, such as a person, group, idea, physical object, and so on, in particular situations. The results revealed that principals' attitudes were significantly affected by the place where the student's webpage was created (on campus or off campus) but not by the presence or absence of a material disruption. (Contains 2 notes, 2 tables and 1 figure.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
Cues; Court Litigation; State Courts; Federal Courts; Search and Seizure; Student Rights; Urban Areas; Context Effect; Geographic Regions; Constitutional Law; Predictor Variables; Statistical Analysis; School Security; Legal Problems; Public Schools

Abstract:
This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly transmit cues about acceptable administrative behavior. From data gathered from case law and the National Center for Education Statistics, the analysis examined the link between the characteristics of the school where the search occurred, aspects related to the search of the student, and the outcome of the case by national region. Catagorical analyses revealed a considerable regional effect associated with highly discretionary elements of Fourth Amendment law. Findings of note suggest a greater likelihood of students losing in court within urban contexts and considerable discrepancies in rulings between national regions with respect to search intrusiveness and the severity of the offense. Implications for legal decision-making and implementation are discussed. (Contains 5 tables.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
Court Litigation; Federal Courts; Constitutional Law; State Legislation; College Admission; Public Colleges; Affirmative Action; Educational Opportunities; Equal Education; Race; Nondiscriminatory Education; Minority Groups

Abstract:
The author reports on the ruling of a divided appellate court that held that the state law unconstitutionally made it harder for minorities to seek preferences than for other groups. The court struck down a voter-passed ban on the use of race-conscious admissions by Michigan's public colleges, holding that the measure had unconstitutionally put racial-minority members at a distinct legal disadvantage in seeking from public colleges the same preferential treatment that other categories of students enjoy. The ruling, by the U.S. Court of Appeals for the Sixth Circuit, creates a clear division among the federal courts over the issues raised, because a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit this year upheld a nearly identical California ban in a ruling that the full Ninth Circuit declined to reconsider. The existence of such a split between the federal circuit courts greatly increases the likelihood that the U.S. Supreme Court will feel compelled to weigh in on such bans on affirmative-action preferences, which have been adopted by voters in Michigan and five other states: Arizona, California, Nebraska, Oklahoma, and Washington. Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
High School Students; Student Rights; Freedom of Speech; Intellectual Freedom; Principals; High Schools; Administrator Attitudes; Censorship; Child Safety; School Newspapers; Constitutional Law; Mass Media

Abstract:
Support for student expression and First Amendment attitudes were measured among Missouri high school principals (n = 86). Findings demonstrated that the third-person effect was a significant predictor of these attitudes. The more principals perceived mass media to affect others over themselves, the less supportive they were for student free expression rights, particularly with regard to support for online, off-campus student speech. In addition to applying communication theory to a largely atheoretical field of scholarship, this research helps suggest several directions for future research to better understand restrictions on student speech. (Contains 3 tables and 30 notes.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
Educational Change; Career Readiness; College Readiness; Alignment (Education); Core Curriculum; State Standards; Adjustment (to Environment); Grade 8; Social Studies; Teacher Student Relationship; Student Reaction; Student Educational Objectives; Achievement Gains; Writing (Composition); Grammar; Comprehension; Vocabulary Development; Research Skills; United States History; Primary Sources; Constitutional Law; Content Analysis; Relevance (Education); Learner Engagement

Abstract:
"The only way to make sense out of change is to plunge into it, move with it, and join the dance." Change can be scary. Quite often people find themselves venturing down an unknown path, unsure of what twists and turns will come their way. This uncertainty brings about questions, anxiety, and for some, a sense of panic. Similar emotions emerged as educators learned of the new Common Core Standards and the push for "College and Career Readiness." This shift has catapulted educators on a journey to reevaluate their curriculum, approach lessons in innovative ways, and engage in new conversations with colleagues. As these new tasks are set before them, many are taken on a rollercoaster of emotions experiencing hesitation to begin a new endeavor. What many often forget are the beautiful and exciting lessons that journeys and the change that surfaces can teach them. The author's journey this year began with a conversation, and what flourished was an inspiring experience that taught her to never be afraid to join the dance. In this article, the author describes the United States Constitution research project that immersed students not only in research, but vocabulary and vital life lessons. This immersion not only allowed the author and her Social Studies colleague to strengthen the skills required by the Common Core Standards, but to help build the bridge to real world texts. Engaging in conversations with colleagues and being open to interdisciplinary activities or projects will open endless doors for students. Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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 ERIC Full Text (140K)

Descriptors:
Educational Policy; Physical Education; Preservice Teacher Education; Public Schools; Muslims; Foreign Countries; Constitutional Law; Religious Factors; Acculturation; Social Integration; Civil Rights; Cultural Pluralism; Student Participation; Court Litigation; Simulation; Program Descriptions; Teaching Methods; Coeducation

Abstract:
In this article, we describe the multiple phases of a project that was constructed around the real case of a young Muslim student who wished to be exempted from coeducational physical education on religious grounds. When the school refused her initial request, she decided to take legal measures which ended up in the German Federal Administrative Court. The court ultimately ruled in her favour. Her case was selected as the core ingredient for a new teaching project, which studies acculturation from different perspectives, and examines the complex balance between individual rights and societal duties, as defined by constitutional law in the Federal Republic of Germany. This case demonstrates that the majority society, represented in this study by the school, at times needs to change traditional educational policy in order to further national goals of integration; not as a compromise, but as a fair balance of interests. The project was implemented successfully as an integrated part of teacher preservice education occurring towards the end of the first academically based phase of their training. (Contains 9 notes, 2 tables, and 1 figure.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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