ERIC ED401182: Rights and Wrongs...

19 Pages·1996·0.36 MB·English

by  ERIC

DOCUMENT RESUME
ED 401 182
SO 026 792
Rights and Wrongs...
TITLE
American Bar Association, Chicago, Ill. Special
INSTITUTION
Committee on Youth Education for Citizenship.
REPORT NO
ISSN-1066-0194
PUB DATE
96
NOTE
18p.
AVAILABLE FROM American Bar Association, 541 North Fairbanks Court,
Chicago, IL 60611-3313 ($2).
Teaching Guides (For
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Guides
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Update on the Courts; v4 n3 Spr 1996
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Citizenship Education; Civil Liberties; *Civil
DESCRIPTORS
Rights; *Constitutional Law; *Due Process; *Equal
Education; Equal Protection; Labor Legislation; *Law
Related Education; Secondary Education; Sex
Discrimination; Single Sex Colleges; Social Studies;
*Student Rights; Teaching Methods; Voting Rights
Bill of Rights; First Amendment; Fourteenth
IDENTIFIERS
Amendment; School Uniforms; *United States
Constitution
ABSTRACT
This serial issue concerns itself with several
conflicts between individual rights and allegedly wrongful acts that
the Supreme Court has not considered previously. The articles on
these topics illuminate the constitutional issues of equal
protection, due process, and freedom of expression. Specific issues
Jqual educational opportunities for women and
addressed include:
(1)
the merits of single sex education;
(2) prisoners' rights,
(3) voting
specifically addressing access to prison libraries;
rights, specifically the issue of whether the right to significant
representation for minorities means that congressional districts may
be shaped oddly (gerrymandering) so that the otherwise outnumbered
minorities become majorities within them; (4) a recent labor law
ruling by the Court; and (5) student rights' pertaining to school
uniforms and participation in competitive sports. The document
provides the facts of the cases, legal precedents, significance of
the issues, as well as suggestions for appropriate teaching methods,
helping classroom teachers and law-related education program
developers educate students about the relevant legal issues and the
societal implications of the cases.
(LH)
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1996
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discussion of equal educational
. . .
Rights and Wrongs
opportunity for women.)
In another case, the Supreme
Court will consider what is the
Update on the Courts 4.3, 1996, pp. 1-2.
right to access to a prison library
© American Bar Association.
of incarcerated individuals who
cannot read English. Do they have
decides whether, with regard to
the right to help from the prison
Americans have many guar-
staff? Do they have the right to
federal issues, persons have had
anteed rights: the right to
demand books that they can
their rights violated or have been
free speech, to free press,
understand? A negative answer
wronged. As is often the case, this
and to voting, to name just a few.
might amount to a violation of
term the Court is confronted with
Americans also have the right to
some questions of rights and
sue if they feel they have been
both the Due Process Clause and
wrongedphysically or finan-
wrongful acts that it has not con-
the Equal Protection Clause of the
Fourteenth Amendment to the
sidered previously.
cially, for example.
One of the more publicized
The Supreme Court is the ulti-
Constitution. (See page 7.)
Equal access to the voting
mate adjudicative body that
cases involves gender discrimina-
booth and gerrymandering, or
tion in schools and the Virginia
AA
Military Institute's all-male
aligning congressional districts to
admissions policy. In existence
ensure the election of a candidate
representative of a given group,
since 1839, the Virginia Military
Institute is a state military college
are also coming under the scrutiny
IN THIS ISSUE
that emphasizes physical rigor,
of the Court. In this instance, the
Rights and Wrongs ...
mental stress, absolute equality of
question is whether a congression-
Front Cover
treatment, absence of privacy,
al district may be mapped out in a
minute regulation of behavior, and
fashion that would virtually assure
Sex Discrimination U.S. v.
the election of an African-
Commonwealth of Virginia and
indoctrination of values. First-year
Commonwealth of Virginia v. U.S.
2
American congressional candi-
cadets are on what is known as the
Teaching Strategy
4
"rat-line," being treated like the
date. Does the right to significant
Student Handout
5
"lowest animal on earth."
representation for minorities mean
Prisoners' Rights
A female high school student
that congressional districts may be
Lewis v. Casey
7
applied for admission to the col-
oddly shaped so that the otherwise
Student Activity 9
lege, and the United States
outnumbered minorities become
Voting Rights
brought a suit to force her admis-
majorities within them? Or should
Bush v. Al Vera
10
sion. The Commonwealth of
districts be mapped using more
Labor Law Brotherhood of
regular shapes such as squares or
Virginia, for its part, wants to pro-
Locomotive Engineers v. Atchison,
tect its all-male military institute
rectangles? (See page 10.)
Topeka, and Santa Fe
11
Another question, recently
from incursions by females. (See
What's New?
decided: Is waiting working?
the case summary on pages 2-3
Schools and the Courts
12
and the teaching strategy begin-
More to the point, is the right of
Update on Courts Index
14
an employee not to be called to
ning on page 4 for a more detailed
3
*
*
work for a specified number of
this case, which involves freedom
(
SPECIAL COMMITTEE ON
hours following an on-duty stint
of expression); that older students
YoutivEdeicailim
breached when mandatory waiting
may be prohibited from participat-
60z0fikeifship
ing in sports even if they were
time is not considered to be work?
AMERICAN BAR ASSOCIATION
Engineers, conductors, and related
held back in early grades because
personnel on trains must stop
of learning disabilities (the rights
*
operations after a given number of
of disabled persons, page 12); and
that rushing a student through a
hours, but they are required to stay
on the trains until a relief crew
lunch period may create a situa-
I
shows up. The Supreme Court has
tion in which a school is liable for
ruled that this idle time is not
damages if the student chokes to
"work" for the purpose of deter-
death on food as a result of negli-
THE COURTS
mining when they may be
gence on the part of school
employees (negligence as a
required to return to active duty.
1996 American Bar Association
(See page 11.)
wrongful act, page 12).
ISSN 1066-0194
In cases that involve students'
Produced by Creative Services Associates, Inc.
rights, lower courts have decided
Funding for this issue has been provided
Sources
by the American Bar Association Fund for
that public school districts have
Cases are cited in their more de-
Justice and Education; we are grateful for
the power to require students to
tailed summaries, which follow
its support.
wear uniforms (see page 12 for
Update on the Courts is published three
times each year (fall, winter, spring) by the
American Bar Association Special Com-
mittee on Youth Education for Citizenship.
Chair: Al Ellis; Director, Youth Education
Sex Discrimination
Programs: Ronald A. Banaszak; Director,
Publishing and Marketing: Seva Johnson;
Editor: Kenneth F. Fenske.
Update on the Courts helps classroom
U.S. v. Commonwealth of Virginia and Commonwealth of Virginia v. U.S.
teachers and law-related education program
developers educate students about today's
important U.S. Supreme Court and other
Docket Nos. 944941 and 94-2107, consolidated; argued January 17, 1996.
judicial decisions, the legal issues they
involve, and their impact on students' lives.
Update on the Courts 4.3, 1996, pp. 2-3. © American Bar Association.
The views expressed in this document are
those of the authors and have not been
approved by the House of Delegates or the
Petitioner:
United States
United States brought suit against
of
Board of Governors of the American Bar
Association and, accordingly, should not be
Virginia and VMI for allegedly
AmericaNirginia Military Institute.
construed as representing the policy of the
Respondent: United States of
violating the prohibitions against
American Bar Association, the Fund for
sex discrimination.
Justice and Education, or the Special
America/Commonwealth of Virginia.
Committee on Youth Education for
The case went back and forth
Citizenship.
between the federal district and
Update on the Courts is available only as
FACTS
appeals courts. Finally, the Fourth
part of the UPDATE PLUS publications
package. A one-year subscription is $30.00.
An all-male, state-supported col-
Circuit ruled that establishment of
For subscription information, contact
lege, The Viiginia Military
a separate Virginia Women's Insti-
YEFC/American Bar Association, 541 N.
tute for Leadership (VMIL) satis-
Institute (VMI) emphasizes rigor-
Fairbanks Court, Chicago, IL 60611-3314
http://www.abanet.org/public/home.html
ous physical and mental training.
fied the antisex bias provisions of
[phone]. Internet: [email protected]
the law. The court concluded that
All cadets are required to wear the
FOR CUSTOMER SERVICE CALL
same uniforms, live in the same
VMI and VWIL are substantially
[phone].
austere quarters, attain the same
comparable because "both seek to
All rights reserved. Printed in the United
level of physical fitness, and
teach discipline and prepare stu-
States of America.
undergo the same constant scruti-
dents for leadership. The missions
cc:OD 9 Printed on recycled paper.
are similar and the goals are the
ny by other cadets.
The American Bar Association is a not-for-
same. The mechanics for achiev-
In response to a complaint from
profit corporation.
a female high school student, the
ing the goals differ
but the dif-
. . .
4
UPDATE ON THE COURTS
2
VOL. 4
NO. 3
inherently suspect and subject to
and preferences, the professional
ference is attributable to a profes-
judgment of educators, and the
sional judgment of how best to
judicial scrutiny could usher in a
wholly unintended new dispute.
irrationality of having to expend
produce the same opportunity."
limited public resources on a
The Supreme Court granted
At the same time that such a hold-
both the government's petition
VWIL programthe demand for
ing may remove harmful stereo-
challenging the adequacy of
types, it could also undo programs
which is virtually nonexistent.
designed to meet the needs of
The government argued that
Virginia's parallel-program reme-
inner city boys or abused women
dy and VMI's separate petition as
Virginia has no law or written pol-
to whether or not the appellate
who require gender-specific sup-
icy regarding single-sex education,
court was correct in imposing a
port. To the extent that single-sex
that the exclusion of women from
VMI is unconstitutional per se,
education is advantageous, elimi-
parallel program at all.
While conceding that some
and that the merits or demerits of
nating public support for all-male
and all-female schools would
women may wish to attend VMI
single-sex education have no bear-
ing on the case. The government
undercut the educational opportu-
and could succeed there, Virginia
also challenged the creation of
nevertheless seeks judicial defer-
nities of students incapable of pay-
ence to its single-sex policy to
VWIL as an equal entity because
ing the substantial tuition charged
take into account the differing
it does not insist upon the same
by private single-sex schools.
level of harassment as VMI and
educational needs and interests of
In addition, there is the question
of whether a state should be
male and female students. The
there are no barracks at the facili-
ordered to establish a program
state noted that it supports not
ty. Students at VWIL live in hous-
ing provided by the sponsoring
only 14 coeducational public col-
(such as that at VWIL) if the costs
would far exceed the benefits by
women's college and are afforded
leges, but also a number of private
institutions of higher learning,
a level of privacy not available at
siphoning funds from popular edu-
including four that are all-female
cation programs to support a facil-
VMI.
and one that is all-male. Virginia
ity that has garnered little interest
also argues that the appeals court's
on the part of students.
SIGNIFICANCE
requirement for a college separate
Adapted from Preview of United
from VMI to be created for
A ruling by the Supreme Court
States Supreme Court Cases, no. 4
that all gender distinctions are
women disregards student needs
(December 22, 1995): 160-65.
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BEST COPY AN IL".
TEACHING STRATEGY
Equal Educational Opportunity for Women: How Should It Be Defined?
Update on the Courts 4.3, 1996, pp. 4-6. © American Bar Association.
Julius Menacker
outcomes of the group's discus-
Clarify, elaborate on, and answer
OBJECTIVES
sion, followed by teacher-led dis-
questions about the materials in a
Students will be able to
cussion of the reports. Again, note
class discussion.
Explain the meaning of the
2. Divide the class into four
any attitude differences that may
Equal Protection Clause.
be based on the gender composi-
groups, one composed entirely of
Appreciate the extent to which
tion of groups.
girls, one entirely of boys, and two
females have been subjected to
5. Have students submit papers
composed of equal numbers of
unequal treatment in public
boys and girls if possible. Have
presenting their decision as judges
education.
each group appoint a member to
of this case, supporting their judg-
Understand the differences in,
ment with both legal analysis
report the major results of the
and importance of, applying the
regarding the Equal Protection
group's investigation to the class.
strict scrutiny standard (which
Clause and the proper level of
Each group should
applies to racial discrimination)
Identify any evidence in your
scrutiny to be applied in the case
rather than the intermediate
school of girls
and opinions about why their deci-
re'
wing
level of scrutiny (which applies
unequal treatment, compared to
sion is good public policy.
to-gender-discrimination) to
that of boys.
determine the outcome of U.S.
Present opinions about whether
v. Commonwealth of Virginia.
single-sex institutions or coed
(See page 6.)
institutions have more advan-
Evaluate and appreciate the
tages or disadvantages.
1*- Terms
positive and negative conse-
kfl
3. After discussing the group
quences of a policy requiring all
reports, help the class identify any
public educational institutions
gender discriminationUnfair
significant differences among the
to be coeducational rather than
and unequal treatment that is
attitudes of the single-sex and
single-sex institutions where the
based solely on whether a person
mixed-sex groups, as well as
state deems them appropriate.
is male or female
between girls and boys. Have the
class suggest reasons for any
intermediate level of scrutiny
Target Group: Secondary level
An examination of a state law
differences.
students
4. Create four new groups with the
that is less favorable to the state
Time Needed: 3-4 class periods
same gender distributions, but
than the class, but not as favor-
Materials Needed: Student
with a different mix of individuals.
able as strict scrutiny
Handout
Assign all groups the task of dis-
separate but equalThe idea
cussing whether or not VMI
that each race should have its
should be required to admit female
PROCEDURES
own housing, schools, churches,
1. Distribute photocopies of all
students based upon the facts of
jobs, public transportation, and
materials for student review.
the case. Ask students to pay par-
so on; racially segregated
ticular attention to the matters of
the proper level of scrutiny to
strict level of scrutinyA close
Julius Menacker is a professor
and chair of the Policy Studies
apply and the issue of the "sepa-
examination of a state law, with
rate-but-equal" solution proposed
Area in the College of Education
the outcome weighted in favor of
by VMI. A reporter from each
at the University of Illinois at
the challenger
group should present the major
Chicago.
6
UPDATE ON THE COURTS
VOL. 4
NO. 3
4
STUDENT HANDOUT
U.S. v. Commonwealth of Virginia and Commonwealth of Virginia v. U.S.
BACKGROUND
where the "separate-but-equal" doctrine was as
The struggle for making the Constitution's
invalid in matters of gender discrimination as in
Fourteenth Amendment Equal Protection Clause
racial discrimination.
a reality for all Americans has often centered on
U.S. v. Commonwealth of Virginia and
issues of educational opportunity. In Plessy v.
Commonwealth of Virginia v. U.S. is the latest
Ferguson, 163 U.S. 537 (1896), the Supreme
case in which the Supreme Court has been asked
Court decided that public schools could legally
to decide a matter of equal protection in educa-
segregate students by race, under the doctrine of
tion. Virginia and the Virginia Military Institute
"separate-but-equal." This doctrine was reversed
(VMI) claim that, in order to be effective, the
by the decision in Brown v. Board of Education
military program at VMI must be limited to
of Topeka, Kansas, 347 U.S. 483 (1954), in
males only. In response to demands for female
which the Court declared segregation in public
admission to VMI, Virginia has proposed fund-
education violated the Equal Protection Clause
because such segregation was inherently
ing a "comparable" military-training program for
women at a private women's liberal arts college
unequal.
in the state. Now the Supreme Court must decide
While national policy makers struggled to
whether the Equal Protection Clause can be sat-
make integrated education a reality, the call for
isfied with this "separate-but-equal" arrange-
equal educational opportunity sounded by the
ment, given the special, unique needs associated
Brown decision led to action to equalize such
opportunity in areas other than race. The
with military training or whether equal protec-
tion requires VMI to become coeducational
Rehabilitation Act and the Education for All
regardless of the claimed benefits of all-male
Handicapped Children Act (reauthorized in 1990
military training.
as the Individuals with Disabilities Education
Act) provided improved educational opportuni-
ties for students with special needs related to
physical, mental, and emotional disabilities.
The Fourteenth Amendment
Also, the Bilingual Education Act and the Equal
The Fourteenth Amendment, which was
Educational Opportunity Act equalized opportu-
proposed and ratified after the Civil War,
nity for students whose native language is not
was intended, among other things, to
English.
establish the citizenship of former slaves
The concern for equal opportunity in educa-
tion has also focused on inequalities experienced
and to ensure that the states did not deny
by female students. This concern caused
equal rights to any person. The part of the
Congress to pass Title IX of the Education
Fourteenth Amendment that is referred to
Amendments of 1972, which required that girls
as the Equal Protection Clause reads: ". .
.
be given school program opportunities equal to
deny to any person
nor shall any state .
. .
those of boys. In the development of policy for
within its jurisdiction the equal protection
gender equality in education, whether based on
of the laws." The Supreme Court has
Title IX or (as in U.S. v. Commonwealth of
often relied on the phrase "equal protec-
Virginia and Commonwealth of Virginia v. U.S.)
tion of the laws" as the basis for its civil
on the Equal Protection Clause of the Fourteenth
rights rulings, including its decision in
Amendment, one of the issues has been deciding
Brown v. Board of Education (see page 5).
when and where activities should provide for
"separate-but-equal" programs and when and
7
UPDATE ON THE COURTS
VOL. 4
NO. 3
5
STUDENT HANDOUT
A. Coed
v. Single-Sex Education
1. A growing body of scholarly literature points
The benefits to females from single-sex edu-
4.
to the benefits of single-sex education.
cation comes from the elimination or reduc-
tion of discrimination favoring males in
2. A prominent Harvard sociologist claims that
"for many men, a single-sex college is
coeducational settings.
optimal."
"Sex, like race, is an immutable and highly
5.
The American Association of University
3.
visible characteristic that frequently bears no
Professors and the Center for Women Policy
relation to ability to perform or contribute to
Studies argue that single-sex education has
society." (Quoting the Supreme Court opin-
been shown to be primarily of benefit to
ion in Frontiero v. Richardson, 411 U.S. 677
young women in secondary school.
(1973).
B. Legal Factors Related to Equal Protection Cases
Levels of Scrutiny
In Mississippi University for Women v.
3.
Hogan, 458 U.S. 718 (1982), the Supreme
Strict scrutiny. When it is determined that the
1.
basis for student classification and differen-
Court held that gender distinctions should be
tial treatment is race or ethnicity, courts
measured by intermediate judicial scrutiny,
employ the strict scrutiny test. This test
which requires an important governmental
requires that the public institution justify its
objective and asks whether gender distinc-
policy of differential treatment by showing
tions are substantially related to the objective.
that it is necessary to accomplish a com-
Legal Principles Applied
pelling state purpose and is the least restric-
to Equal Protection
tive means that is as narrowly tailored to that
The general concept behind the Equal
purpose as possible. This is very difficult for
1.
the public school to do.
Protection Clause is that government should
Substantial relation (intermediate level of
not invidiously (i.e., with bad intent) discrim-
2.
inate among classes of persons within its
scrutiny). When it is determined that a public
school is classifying on the basis of gender,
jurisdiction. All should be equal before the
courts employ this intermediate-level test.
law.
Although not as demanding as strict scrutiny,
Certain factors, such as race, are inherently
2.
it still places the burden for justifying the pol-
suspect and almost always deemed unconsti-
icy of differential treatment on the govern-
tutional in discrimination cases. However,
ment. Gender-based classifications will be
schools may discriminate when a rational
upheld only if the government can demon-
basis for discrimination is established, such
strate that they are substantially related to the
as, for example, age.
achievement of an important government
Intangible social and psychological effects of
3.
purpose. While this is still a difficult barrier
discrimination may be considered by courts
as evidence in reaching determinations of
for the public school to surmount, it is easier
to meet than the strict scrutiny standard is.
equal protection violations.
8
UPDATE ON THE COURTS
VOL. 4
6
NO. 3
And there was no evidence cited in
Prisoners' Rights
the instant case that any Arizona
prisoner has sustained actual
injury because of some lapse in the
Lewis v. Casey
manner in which a petition was
presented (missing a filing dead-
Docket No. 94-1511, argued November 29,1995
line, failure to state a claim, for
example).
Update on the Courts 4.3, 1996, pp. 7-9. © American Bar Association.
More fundamentally, prisoners
have no more of a right than free
citizens to high-quality legal assis-
Inmates who are on lockdown
Petitioner:
Samuel Lewis, et al.
tance when litigating constitutional
status (confined to their cells) have
Fletcher Casey, Jr.,
Respondent:
issues. It is, therefore, of no conse-
no meaningful access to the courts
et al.
quence that prisoners, like many
because they may not go to the law
free citizens, cannot effectively
library.
use law libraries because of their
Substantial restrictions impede
FACTS
prisoners' ability to make tele-
Incarcerated individuals have
lack of a legal education.
Although most prisoners on
rights, one of which is "meaning-
phone calls to their attorneys.
ful access" to the courts. This
lockdown status are not permitted
Prison officials read documents
includes access to prison law
to go to the law library, they have
that inmates photocopy.
access to a paging system through
libraries and/or to assistance by
The state argues that
which a written request for law
Most of its prison libraries are
persons knowledgeable in the law,
books and other legal materials is
staffed by legal assistants (inmate
but does this access apply to pris-
made to the library.
volunteers) who, unlike law clerks,
oners who are illiterate or who do
The federal district court essen-
are permitted to help other inmates
not speak English?
A federal district court in
tially agreed with the prisoners,
conduct research and draft legal
finding that the following practices
Arizona, affirmed by the Ninth
documents. These legal assistants
are screened to ensure that they
appear to be objectionable:
Circuit, has answered yes to this
Inmate legal assistants in some
have a working knowledge of the
question as it relates to inmates in
cases need only to be literate in
Arizona because a large number of
law.
English to qualify for the position.
The Supreme Court, in Bounds
prisoners cannot use the materials
There is an apparent lack of
Smith, 430 U.S. 817, 823
available to them. Thirty-five per-
v.
communication between legal
(1977), held that prisoners must
cent cannot read English above the
have access to adequate law
assistants in prison libraries and
seventh-grade level and 15 percent
non-English-speaking prisoners.
libraries or be provided with ade-
cannot speak English at all.
quate assistance from persons
The limits are low, sometimes
These prisoners, in response to
trained in law. Since inmates in
as low as one or two books, on the
an appeal by the State of Arizona,
number of volumes that may be
Arizona have access to both a
contend that
requested by a prisoner who is on
broad array of legal materials and
Illiterate inmates and those who
the help of legal assistants, their
lockdown status.
cannot speak English are not pro-
There are restrictions prevent-
vided with the legal assistance
right to access to the courts is dou-
ing locked-down inmates from
needed to litigate violations of
bly protected.
keeping books for more than a day.
Courts generally recognize that
their constitutional rights.
There are requirements that
Some prison law libraries are
there may be some deficiencies in
prisoners provide an exact case
petitions filed by nonattorneys.
staffed by officials with no legal
name and docket number before a
These, the Supreme Court ruled in
training.
Haines v. Kerner, 404 U.S. 519
book request will be processed.
Some libraries are inadequate
Delays ranging from a few days
because they do not contain court
(1972), must be liberally construed
to a few weeks occur before
decisions pertaining to their
by lower courts regardless of how
requested materials are received.
crudely the documents are drafted.
region.
9
UPDATE ON THE COURTS
VOL. 4
NO. 3
7
Delays in making updated lists
economic and logistic. If the deci-
SIGNIFICANCE
sion goes the other way, for all
of library inventories available to
The question in this case is one of
inmates occur.
practical purposes, entire segments
due process and equal protection
The federal district court direct-
of the prison population may have
of the
of prisoners.
rights
no access to the courts. The
ed that changes be made in the
Specifically, what does it mean to
inmates most affected by such a
recruitment, training, and supervi-
say that the Constitution requires
sion of prisoner legal assistants;
decision would be those who are
that inmates have access to ade-
library hours be extended; librari-
blind, illiterate, mentally ill, and
quate law libraries and adequate
ans be adequately educated in their
unable to read or write English.
assistance from persons trained in
fields; and officials not read pris-
the law?
oners' photocopies. The Ninth
Adapted from Preview of United
If the Supreme Court agrees
Circuit Court of Appeals affirmed
States Supreme Court Cases, no. 3
with the prisoners, Arizona and
that decision, but it was stayed by
(November 17, 1995): 123-27.
other states will be faced with new
the Supreme Court's pending
responsibilities and burdens, both
review.
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UPDATE ON THE COURTS
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