“The Basic Minimal Skills”

2021 ◽  
pp. 233-248
Author(s):  
Peter Irons

This chapter looks at the impact of segregated housing and schools on the performance of Black children on tests of academic skills, finding them lagging far behind White children. It shows that majority-Black school districts receive significantly less funding for education than majority-White districts. It then discusses in detail the 1973 Supreme Court case of San Antonio School District v. Rodriguez, brought by Demetrio Rodriguez and other Hispanic parents of children in the Edgewood district of San Antonio, Texas, whose schools received less funding than majority-White districts because of state laws that based school funding largely on property taxes. Statistics showed that poor and largely Hispanic and Black districts with low property values could not match the funding of affluent White districts. The Supreme Court ruled 5–4 against this challenge, with Justice Lewis Powell writing for the majority in stating that Texas (and other states) need provide minority students only with “the basic minimal skills” to participate in civic affairs, with a passionate dissent by Justice Thurgood Marshall. The chapter then returns to Detroit, where Black students came in last in the nation in test scores; more than two-thirds could not even grasp fundamental skills in reading and arithmetic. This barrier to advanced education and good jobs stems from the systemic racism that places Black children far behind Whites in school readiness, raising the question: How can Blacks catch up with Whites when they start so far behind?

Author(s):  
Martin Camper

Chapter 3 explores the interpretive stasis of definition, where there is a question concerning the intended or appropriate scope of the basic sense of a term in a text. The chapter shows how rhetors, by persuasively articulating a definition and resorting to various lines of argument, can shift the meaning of passages and reframe controversies hinging on a text’s interpretation by adjusting the scope of a single term. But only linchpin terms (similar to Burke’s and Weaver’s ultimate terms) have this governing quality. The chapter’s central example consists of oral arguments from the 2010 Supreme Court case McDonald v. City of Chicago that ultimately determined US citizens have a fundamental right to bear arms. The case partly rested on whether the Fourteenth Amendment’s phrase privileges or immunities, generally protected from state infringement, includes this right within its scope. The centrality of definitional disputes to legal interpretation is also considered.


Author(s):  
Bennett Capers

This chapter focuses on a few issues related to video evidence and law, especially with respect to American law. The first issue is the history of the use of video evidence in court. The second issue involves constitutional protections regarding the state’s use of surveillance cameras. The chapter then turns to the Supreme Court case Scott v. Harris to raise concerns about the use of video evidence as not just proof but “truth.” These are of course just a sampling of the issues that the topic of video evidence could raise. The hope is that this chapter will spur further inquiry on the part of the reader.


2012 ◽  
Vol 66 (4) ◽  
pp. 804-818 ◽  
Author(s):  
Ryan C. Black ◽  
Maron W. Sorenson ◽  
Timothy R. Johnson

2021 ◽  
Author(s):  
Richard J. Hunter ◽  
Hector R. Lozada ◽  
John H. Shannon

This article is a summary discussion of the main issues faced by faculty at private, often church-sponsored, universities who sought to be represented by a union in collective bargaining with their employers. The discussion begins by tracing the origins of the rule that faculty at private universities are managers and not employees under the aegis of the National Relations Act in the Supreme Court case of Yeshiva University. The summary then follows developments over the years up to the most recent decision of the National Labor Relations Board that sanctioned the efforts of adjunct professors at Elon University to seek union representation. In examining these two book-end cases, the article discusses issues relating to the effect of the religion clauses of the First Amendment in the context of the National Labor Relations Board’s shifting views on the topic. Last, the authors discuss unionization in the context of church-sponsored colleges and universities. Is it now time for the Supreme Court to review its seminal decision in Yeshiva University and for church-sponsored colleges and universities to rethink their positions as well?


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