Protecting Students' Civil Rights: The Federal Role in School Discipline

2020 ◽  
Vol 49 (2) ◽  
Author(s):  
Jessica Cardichon ◽  
Linda Darling-Hammond
Keyword(s):  
Civil Rights ◽  
School Discipline ◽  
Educational Equity ◽  
Policy Tools ◽  
Educational Inequalities ◽  
Federal Law ◽  
Over Time ◽  
Policies And Practices

This article takes a careful look at political and policy tools that presidential administrations have at their disposal for ameliorating educational inequalities. These tools, the authors suggest, include issuing federal guidance that informs and supports states and districts as they work to implement policies and practices that comply with federal law. However, as the authors point out, the extent to which administrations have chosen to leverage these opportunities to advance educational equity has varied over time.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

scholarly journals Influenza Mandates and Religious Accommodation: Avoiding Legal Pitfalls

2018 ◽  
Vol 46 (3) ◽  
pp. 756-762
Author(s):  
Dorit Rubinstein Reiss ◽  
V.B. Dubal
Keyword(s):  
Health Care ◽  
Civil Rights ◽  
Health Care Workers ◽  
Professional Associations ◽  
Legal Framework ◽  
Religious Discrimination ◽  
Federal Law ◽  
Health Care Institutions ◽  
Care Workers ◽  
Religious Accommodation

Influenza mandates in health care institutions are recommended by professional associations as an effective way to prevent the contraction of influenza by patients from health care workers. Health care institutions with such mandates must operate within civil rights frameworks. A recent set of cases against health care institutions with influenza mandates reveals the liabilities posed by federal law that protects employees from religious discrimination. This article examines this legal framework and draws important lessons from this litigation for health care institutions. We argue counterintuitively that providing religious exemptions from influenza mandates may expose health care institutions to more liability than not providing a formal exemption.

Access to justice as a human right, organizational entitlement and precursor to diversity and inclusion

2020 ◽  
Vol 39 (7) ◽  
pp. 787-791 ◽  
Author(s):  
Quinetta Roberson
Keyword(s):  
African Americans ◽  
Civil Rights ◽  
The United States ◽  
Police Brutality ◽  
Access To Justice ◽  
Content Type ◽  
Organizational Policies ◽  
Corporate Leaders ◽  
Diversity And Inclusion ◽  
Policies And Practices

PurposeIn the wake of the death of George Floyd in the United States, many corporate leaders have released statements condemning racism and police brutality and committed their organizations to focus on diversity and inclusion. While such statements, intentions, and goals are laudable, they evade the phenomenon at the crux of the current social movement: access to justice.Design/methodology/approachThis essay draws upon theory and research across a variety of disciplines to examine the accessibility of justice for African Americans in society and in work organizations.FindingsAs corporate leaders have made statements decrying racism and police brutality and offered their support to civil rights groups and organizations fighting for racial justice, there is a need for that same level of scrutiny and support within their own organizations. As a precursor to diversity and inclusion initiatives, corporate leaders need to take actions to ensure the fairness of outcomes, policies and practices, and treatment by others for African Americans within their organizations.Practical implicationsStrategies for reviewing and revising organizational policies and practices to preserve fairness in the work experiences of African Americans and for creating and maintaining cultures of fairness are offered.Originality/valueThe author integrates historical documents, research, opinion, and literary devices to understand the meaning and practice of justice in society and organizations.

scholarly journals Lawyers With Disabilities: L’Handicape C’est Nous

2008 ◽  
Vol 69 (3) ◽  
Author(s):  
Anita Bernstein
Keyword(s):  
Civil Rights ◽  
The United States ◽  
Disabled Persons ◽  
Racial Justice ◽  
Federal Law ◽  
Persons With Disabilities ◽  
American Federation ◽  
Brown Decision ◽  
Physically Handicapped ◽  
Rights Issue

For having helped to make disability a twentieth-century civil rights issue in the United States, our profession deserves much credit. Lawyers have written, codified, and enforced several progressive initiatives. Inspired by the struggle for racial justice through law that culminated in Brown v. Board of Education, the disability rights movement was itself a civil rights inspiration even before the Brown decision, earning important early legislative advances for rehabilitation, vocational training, and integration of disabled persons in public life. The first national organization to focus on disability as such rather than one particular condition, the American Federation of the Physically Handicapped, took an early interest in fostering legal change and lobbied for employment-discrimination laws and new statutes to advance the interests of disabled Americans. The Rehabilitation Act of 19733 made federal law out of the radical yet sensible idea that societies construct disability at least as much as they reflect it and that prejudices and stereotypes, which are as potent as purely medical or anatomical facts, impede persons with disabilities.

THE INFLUENCE OF AFRICAN AMERICANS ON CONGRESS

2008 ◽  
Vol 5 (1) ◽  
pp. 115-135
Author(s):  
Charles Tien ◽  
Dena Levy
Keyword(s):  
African Americans ◽  
Civil Rights ◽  
Descriptive Representation ◽  
Substantive Representation ◽  
House Floor ◽  
Long Term Impact ◽  
Over Time

AbstractIn this paper we approach, from a different angle than previous research, the question of whether gains in descriptive representation for African Americans result in losses in substantive representation. By looking at how the presence of African Americans has changed Congress over time, we assess the long-term impact of electing more African Americans to Congress on substantive representation. Specifically, we content analyze House floor debates on civil rights legislation, from 1957 to 1991, and find that Black members have influenced how White members talk about civil rights.

The Obama Coalition

2020 ◽  
pp. 143-164
Author(s):  
Lisa M. Corrigan
Keyword(s):  
Civil Rights ◽  
Political Discourse ◽  
Black Power ◽  
Barack Obama ◽  
Law And Order ◽  
Change Over Time ◽  
Racial Liberalism ◽  
Black President ◽  
Over Time

While the tensions between white hope and black despair were a dynamic that characterized politics in the Long Sixties, their structure is recursive. That is, the (positive and negative racial) feelings that undergird racial liberalism did not stop emerging and receding after law and order campaigns destroyed civil rights and Black Power organizing in the mid-70s. Nowhere is this clearer than in the entrance and disappearance of the so-called “Obama coalition” in 2008 to elect Barack Obama as the first biracial/black president in U.S. history. In considering how hope continues to be inextricably linked to rage, contempt, and despair, this brief conclusion considers hope as an ironic discourse of liberalism, particularly as it is racialized. The birth of Afro- pessimism as a coterminous discourse with what we now call the “post-racial” Obama coalition is important because it demonstrates how black feelings in the Long Sixties continue to shape national political discourse, demonstrating how affective politics are iterative as well as how they change over time.

Viva Los Suns

Bird on Fire ◽  
2011 ◽  
Author(s):  
Andrew Ross
Keyword(s):  
Civil Rights ◽  
Mexican Immigrants ◽  
Good Reason ◽  
El Paso ◽  
Power Sharing ◽  
Foreign Born ◽  
Civil Rights Era ◽  
Political Dominance ◽  
Origin Myth ◽  
Over Time

In other Southwestern cities, like Tucson, El Paso, and Albuquerque, with Mexican urban cores that preexisted Anglo settlement, a cultural, if not political, condominium of power sharing had evolved over time. Phoenix was a more straightforward product of Anglo America. Notwithstanding that Trinidad Mejia Escalante, the wife of the founding father, Jack Swilling, was Mexican, the city’s origin myth was one of Anglos re-creating a city on top of Hohokam remnants, and it was reinforced by a strong presence of Mormon settlers in the East Valley, with their own version of white pioneerism. Anglo dominance was unquestioned for at least a century. As an early twentieth-century promoter put it, Phoenix was “a modern town of 40,000 people, and the best kind of people too. A very small percentage of Mexicans, negroes, or foreigners.” For sure, the public drama and energy of the civil rights era ushered some nonwhite politicians into high office—Raul Castro became governor and Alfredo Gutierrez senate majority leader in the late 1970s. But it was only in recent years that Anglo ascendancy had been challenged by the mercurial growth of the Latino population (according to the 2010 U.S. census, 30.8 percent of the state, 31.8 percent of Maricopa County, and 34.1 percent of Phoenix itself, all numbers that had more than doubled since 1990), spreading well beyond the traditional barrio districts where its political representatives had been contained. Anxiety about the decline of demographic and political dominance was a new wrinkle in the ongoing debate about population growth that Phoenix had long hosted. Historically, most of the anxiety about growth was founded, with good reason, on fears that water supplies would not be adequate for the rapidly expanding urban needs. Concerns about the deterioration of air quality, wilderness loss, and the overall environmental impact of urban sprawl had sharpened the anxiety over time. But the influx of Mexican immigrants from the south after the passage of NAFTA changed its tenor. Metro Phoenix had only 86,593 foreign-born residents in 1980, and by 2005, 612,850 were foreign-born, most of them from Mexico.

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