Kathryn Schumaker
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781479875139
- eISBN:
- 9781479821365
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479875139.001.0001
- Subject:
- History, Social History
This book examines the development of elementary and secondary students’ constitutional rights between 1964 and 1984 and its relationship to efforts to secure racial justice at school during the ...
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This book examines the development of elementary and secondary students’ constitutional rights between 1964 and 1984 and its relationship to efforts to secure racial justice at school during the desegregation era. The first three chapters cover case studies that provide the local context for students’ rights litigation that originated in Mississippi; Denver, Colorado; and Columbus, Ohio. Each case study focuses on a particular area of students’ rights, such as free speech, equal protection, and due process, and provides an examination of how student protestrelated to civil rights and Chicano Movement activism contributed to litigation. The final two chapters provide a national view of the effects that these cases had on students’ rights law more generally, including the rights related to bilingual education, equal educational opportunities, and access to education for students with disabilities. The book also explores students’ rights in relation to school discipline, including the areas of corporal punishment, privacy, and suspensions and expulsions. The book argues that, as the courts developed the principles that determine when and why students gain rights protections, they did so in ways that undermined the initial goals of the black and Chicano student activists who set these lawsuits into motion.This book therefore offers a critical approach to these developments in American constitutional law and concludes by pointing to the ways in which the law contributes to persistent racial inequities in education.Less
This book examines the development of elementary and secondary students’ constitutional rights between 1964 and 1984 and its relationship to efforts to secure racial justice at school during the desegregation era. The first three chapters cover case studies that provide the local context for students’ rights litigation that originated in Mississippi; Denver, Colorado; and Columbus, Ohio. Each case study focuses on a particular area of students’ rights, such as free speech, equal protection, and due process, and provides an examination of how student protestrelated to civil rights and Chicano Movement activism contributed to litigation. The final two chapters provide a national view of the effects that these cases had on students’ rights law more generally, including the rights related to bilingual education, equal educational opportunities, and access to education for students with disabilities. The book also explores students’ rights in relation to school discipline, including the areas of corporal punishment, privacy, and suspensions and expulsions. The book argues that, as the courts developed the principles that determine when and why students gain rights protections, they did so in ways that undermined the initial goals of the black and Chicano student activists who set these lawsuits into motion.This book therefore offers a critical approach to these developments in American constitutional law and concludes by pointing to the ways in which the law contributes to persistent racial inequities in education.
Marginson Simon and Sawir Erlenawati
- Published in print:
- 2011
- Published Online:
- March 2012
- ISBN:
- 9781847428301
- eISBN:
- 9781447303503
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781847428301.003.0014
- Subject:
- Sociology, Social Research and Statistics
This chapter focuses on the link between international education and the human security of international students. It briefly discusses the concept of human security and reviews the political economy ...
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This chapter focuses on the link between international education and the human security of international students. It briefly discusses the concept of human security and reviews the political economy of growth in the market for international education services. It discusses the status of international students in the global market, followed by a case study of students' security in Australia, stemming from a programme of 200 in-depth interviews with individuals studying onshore in that country. It argues that international education needs to be ‘re-normed’, principally through re-regulation for student security. It opines that this would more effectively cater for the rights of students to safety and social and economic inclusion in the host society.Less
This chapter focuses on the link between international education and the human security of international students. It briefly discusses the concept of human security and reviews the political economy of growth in the market for international education services. It discusses the status of international students in the global market, followed by a case study of students' security in Australia, stemming from a programme of 200 in-depth interviews with individuals studying onshore in that country. It argues that international education needs to be ‘re-normed’, principally through re-regulation for student security. It opines that this would more effectively cater for the rights of students to safety and social and economic inclusion in the host society.
Kathryn Schumaker
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781479875139
- eISBN:
- 9781479821365
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479875139.003.0005
- Subject:
- History, Social History
This chapter discusses the development of Fourteenth Amendment jurisprudence in the area of students’ rights during the 1960s and 1970s. It focuses in particular on the courts’ interpretation of ...
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This chapter discusses the development of Fourteenth Amendment jurisprudence in the area of students’ rights during the 1960s and 1970s. It focuses in particular on the courts’ interpretation of equal protection in regard to school desegregation, bilingual education, and students with disabilities. The chapter argues that, during the 1970s, the Supreme Court dramatically narrowed its interpretation of equal protection, and in doing so, it limited the ability of advocates for students of color to pursue racial discrimination cases in court. The chapter discusses how advocates for non-English-speaking students and students with disabilities sought to use the Fourteenth Amendment to make claims on behalf of these children, who were sometimes excluded from schools entirely. This chapter also examines the San Antonio v. Rodriguez case, in which the Supreme Court rejected the claim that the Constitution protects a right to education.Less
This chapter discusses the development of Fourteenth Amendment jurisprudence in the area of students’ rights during the 1960s and 1970s. It focuses in particular on the courts’ interpretation of equal protection in regard to school desegregation, bilingual education, and students with disabilities. The chapter argues that, during the 1970s, the Supreme Court dramatically narrowed its interpretation of equal protection, and in doing so, it limited the ability of advocates for students of color to pursue racial discrimination cases in court. The chapter discusses how advocates for non-English-speaking students and students with disabilities sought to use the Fourteenth Amendment to make claims on behalf of these children, who were sometimes excluded from schools entirely. This chapter also examines the San Antonio v. Rodriguez case, in which the Supreme Court rejected the claim that the Constitution protects a right to education.
Kathryn Schumaker
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781479875139
- eISBN:
- 9781479821365
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479875139.003.0001
- Subject:
- History, Social History
The introductionexplains how and why student protest became common in the United States in the late 1960s and places these protests in the context of shifts in the history of education and in broader ...
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The introductionexplains how and why student protest became common in the United States in the late 1960s and places these protests in the context of shifts in the history of education and in broader social movements, including the civil rights movement, the Chicano Movement, and black power activism. The introduction also situates students’ rights within the context of children’s rights more broadly, explaining the legal principles that justified age discrimination and excluded children and students from the basic protections of American constitutional law. The introduction identifies the two decades between the 1960s and 1980s as a constitutional moment that revolutionized the relationship of students to the state. It also connects students’ rights litigation to the issue of school desegregation and the legacy of Brown v. Board of Education.Less
The introductionexplains how and why student protest became common in the United States in the late 1960s and places these protests in the context of shifts in the history of education and in broader social movements, including the civil rights movement, the Chicano Movement, and black power activism. The introduction also situates students’ rights within the context of children’s rights more broadly, explaining the legal principles that justified age discrimination and excluded children and students from the basic protections of American constitutional law. The introduction identifies the two decades between the 1960s and 1980s as a constitutional moment that revolutionized the relationship of students to the state. It also connects students’ rights litigation to the issue of school desegregation and the legacy of Brown v. Board of Education.
Margot Adler
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780520222212
- eISBN:
- 9780520928619
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520222212.003.0006
- Subject:
- History, American History: 20th Century
This chapter elaborates on this chapter's author's experience as a student activist in the Free Speech Movement (FSM) at the University of California, Berkeley. It explains that joining the FSM was ...
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This chapter elaborates on this chapter's author's experience as a student activist in the Free Speech Movement (FSM) at the University of California, Berkeley. It explains that joining the FSM was an obvious choice for her even as a freshman having already taken part in many political activities in her home state in New York. It discusses the early activities of the FSM, her participation in the Sproul Plaza rally, and her later experience in jail. It describes her feeling of ecstasy at the sense of community bonding and collective power followed by a sense of total powerlessness. The FSM asked for students' rights as citizens, argued for self-directed education, and helped to usher in a whole decade of experimentation.Less
This chapter elaborates on this chapter's author's experience as a student activist in the Free Speech Movement (FSM) at the University of California, Berkeley. It explains that joining the FSM was an obvious choice for her even as a freshman having already taken part in many political activities in her home state in New York. It discusses the early activities of the FSM, her participation in the Sproul Plaza rally, and her later experience in jail. It describes her feeling of ecstasy at the sense of community bonding and collective power followed by a sense of total powerlessness. The FSM asked for students' rights as citizens, argued for self-directed education, and helped to usher in a whole decade of experimentation.
Henry Mayer
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780520222212
- eISBN:
- 9780520928619
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520222212.003.0009
- Subject:
- History, American History: 20th Century
This chapter describes the chapter's author's experiences as a student activist in the Free Speech Movement (FSM). It explains that he participated in the FSM in the certain knowledge that he had ...
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This chapter describes the chapter's author's experiences as a student activist in the Free Speech Movement (FSM). It explains that he participated in the FSM in the certain knowledge that he had exercised his rights as an undergraduate at the University of North Carolina (UNC) more fully than he was permitted to as a graduate student in Berkeley. It discusses the advantages of UNC over the University of California, Berkeley in terms of student rights.Less
This chapter describes the chapter's author's experiences as a student activist in the Free Speech Movement (FSM). It explains that he participated in the FSM in the certain knowledge that he had exercised his rights as an undergraduate at the University of North Carolina (UNC) more fully than he was permitted to as a graduate student in Berkeley. It discusses the advantages of UNC over the University of California, Berkeley in terms of student rights.
David Palfreyman and Ted Tapper
- Published in print:
- 2014
- Published Online:
- August 2014
- ISBN:
- 9780199659821
- eISBN:
- 9780191781551
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199659821.003.0006
- Subject:
- Business and Management, Organization Studies
The funding of teaching in English higher education is underwritten by the fees that students pay and this inevitably casts higher education as a product and students as consumers. The chapter ...
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The funding of teaching in English higher education is underwritten by the fees that students pay and this inevitably casts higher education as a product and students as consumers. The chapter explores the legal framework which guides institutions in their provision of teaching and learning. The judicial deference to academic judgement acts as a strong defence for the universities and limits the regulatory function of the Office of Independent Adjudicator and the contractual rights of students.There is no clear evidence showing whether prospective students are acting as informed consumers when selecting a university. Do they have sufficient information to make an informed choice? Are they guided more by the status of a university than its academic competence? What criteria should they employ when making selections? How do they calculate the potential returns? Pursuing these concerns, the chapter draws upon the American experience , where there is an established market in fees, but no strong regulatory framework to protect students asconsumers.Less
The funding of teaching in English higher education is underwritten by the fees that students pay and this inevitably casts higher education as a product and students as consumers. The chapter explores the legal framework which guides institutions in their provision of teaching and learning. The judicial deference to academic judgement acts as a strong defence for the universities and limits the regulatory function of the Office of Independent Adjudicator and the contractual rights of students.There is no clear evidence showing whether prospective students are acting as informed consumers when selecting a university. Do they have sufficient information to make an informed choice? Are they guided more by the status of a university than its academic competence? What criteria should they employ when making selections? How do they calculate the potential returns? Pursuing these concerns, the chapter draws upon the American experience , where there is an established market in fees, but no strong regulatory framework to protect students asconsumers.
Meredith L. Weiss and Patricio N. Abinales
- Published in print:
- 2012
- Published Online:
- August 2015
- ISBN:
- 9780816679683
- eISBN:
- 9781452948515
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816679683.003.0011
- Subject:
- Sociology, Social Movements and Social Change
This chapter discusses the nature of student activism in the Philippines. Filipino activists considered the struggles for student rights and welfare or campus democratization as battles for the ...
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This chapter discusses the nature of student activism in the Philippines. Filipino activists considered the struggles for student rights and welfare or campus democratization as battles for the benefit of the student masses and also an opportunity to propel to national office. The chapter examines the two conjunctures in postwar Philippine history when student protest reached high numbers and spread across the nation—the period during the First Quarter Storm (FQS) of the 1970s and the period between 1977 and 1980, when a state-mandated increase in tuition fees led to massive boycotts.Less
This chapter discusses the nature of student activism in the Philippines. Filipino activists considered the struggles for student rights and welfare or campus democratization as battles for the benefit of the student masses and also an opportunity to propel to national office. The chapter examines the two conjunctures in postwar Philippine history when student protest reached high numbers and spread across the nation—the period during the First Quarter Storm (FQS) of the 1970s and the period between 1977 and 1980, when a state-mandated increase in tuition fees led to massive boycotts.
Steven A. Steinbach, Maeva Marcus, and Robert Cohen
- Published in print:
- 2022
- Published Online:
- April 2022
- ISBN:
- 9780197516317
- eISBN:
- 9780197516348
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197516317.003.0007
- Subject:
- History, Political History
Laura Kalman, Distinguished Research Professor at the University of California, Santa Barbara, focuses on the interplay between the political and judicial during two seminal constitutional moments ...
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Laura Kalman, Distinguished Research Professor at the University of California, Santa Barbara, focuses on the interplay between the political and judicial during two seminal constitutional moments between World War II and Watergate: the threat to civil liberties, embodied in what became known as McCarthyism; and the rebirth of civil rights, encapsulated in what became known as the Second Reconstruction. Her essay also surveys the stunning expansion of constitutional rights—for voters, immigrants, criminal suspects, women, and minorities; and with respect to speech, religion, and privacy—wrought by the majority of the Warren Court. The primary source selections for this chapter cover proponents and opponents of McCarthyism; the road to Brown and school desegregation; the civil rights legislation that ended Jim Crow; voting rights changes brought about through laws, court rulings, and constitutional amendments; and the (limited) free speech rights of students.Less
Laura Kalman, Distinguished Research Professor at the University of California, Santa Barbara, focuses on the interplay between the political and judicial during two seminal constitutional moments between World War II and Watergate: the threat to civil liberties, embodied in what became known as McCarthyism; and the rebirth of civil rights, encapsulated in what became known as the Second Reconstruction. Her essay also surveys the stunning expansion of constitutional rights—for voters, immigrants, criminal suspects, women, and minorities; and with respect to speech, religion, and privacy—wrought by the majority of the Warren Court. The primary source selections for this chapter cover proponents and opponents of McCarthyism; the road to Brown and school desegregation; the civil rights legislation that ended Jim Crow; voting rights changes brought about through laws, court rulings, and constitutional amendments; and the (limited) free speech rights of students.
Jim Freeman
- Published in print:
- 2021
- Published Online:
- September 2021
- ISBN:
- 9781501755132
- eISBN:
- 9781501755156
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501755132.003.0006
- Subject:
- Sociology, Culture
This chapter begins with the introduction of a small group of racism profiteers who has been aggressively implementing an agenda that, while enormously beneficial for them, has been devastating to ...
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This chapter begins with the introduction of a small group of racism profiteers who has been aggressively implementing an agenda that, while enormously beneficial for them, has been devastating to communities of color. The chapter recalls how the ultra-wealthy engaged in rampant profiteering off the privatization of national security functions, mirroring the dynamics around the privatization of education, criminal justice, and immigration enforcement. The chapter also recognizes that the most pressing social problems and racial justice are not only the fight of people of color, but rather the fight of all. The chapter then illustrates how the American Legislative Exchange Council (ALEC), the Koch network, and other billionaires and multimillionaires are leading efforts to make substantial changes to, and perhaps completely rewrite, the US Constitution. Ultimately, the chapter addresses how the implementation of a Student Bill of Rights and a comprehensive youth development agenda is eminently feasible if the United States finally makes the education of all children a national priority.Less
This chapter begins with the introduction of a small group of racism profiteers who has been aggressively implementing an agenda that, while enormously beneficial for them, has been devastating to communities of color. The chapter recalls how the ultra-wealthy engaged in rampant profiteering off the privatization of national security functions, mirroring the dynamics around the privatization of education, criminal justice, and immigration enforcement. The chapter also recognizes that the most pressing social problems and racial justice are not only the fight of people of color, but rather the fight of all. The chapter then illustrates how the American Legislative Exchange Council (ALEC), the Koch network, and other billionaires and multimillionaires are leading efforts to make substantial changes to, and perhaps completely rewrite, the US Constitution. Ultimately, the chapter addresses how the implementation of a Student Bill of Rights and a comprehensive youth development agenda is eminently feasible if the United States finally makes the education of all children a national priority.