DOCSLIB.ORG

Document Resume

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Document Resume DOCUMENT RESUME ED 089 460 EA 006 047 TITLE NOLPE Conference Proceedings. INSTITUTION National Organization on Legal Problems of Education, Topeka, Kans. PUB DATE 68 NOTE 135p.; Papers presented at National Organizaticn on Legal Problems of Education Annual Meeting (13th, Miami Beach, Florida, November 8-10, 1967) AVAILABLE FROM National Organization on Legal Problems of Education, 825 Western Avenue, Topeka, Kansas 66606 ($1.00, postage due) EDRS PRICE MF-$0.75 HC-$6.60 PLUS POSTAGE DESCRIPTORS After School Activities; Collective Negotiation; Conference Reports; Copyrights; *Court Cases; Elementary Education; *Employment Problems; Higher Education; Juvenile Courts; *Legislation; Race Relations; School Integration; *School Law; Secondary Education; *Student Rights ABSTRACT The speeches in this compilation cover a variety of topics of contemporary interest. The authors discuss legislative and case law concerning copyrights, student rights, minors' rights, extraccuricular activities, eminent domain, race relations, and employer-employee relations. (JF) U S DEPARTMENTOF HEALTH, EDUCATION WELFARE NATIONAL INSTITUIE OF EDUCATION THIS DOCUMENT HAS BEEN REPRO DUCE0 EXACTLY AS RECEIVED FROM THE PERSON OR ORGANIZATION ORIGIN ATING IT POINTS OF VIEW OR OPINIONS STATED DO NOT NECESSARILY REFIRE SENT OFF rCPAt NATIONAL INSTITUTE OF EDUCATION POSITION OR POLICY PERMISSION TO REPRODUCE THIS COPY RIGHTED MATERIAL HAS BEEN GRANTED BY 1/4C. TO ERIC AND ORGANIZATIONS OPERATING UNDER AGREEMENTS WITH THE NATIONAL IN STITUTE OF EDUCATION FURTHER REPRO- DUCTION OUTSIDE THE ERIC SYSTEM RE QUIRES PERMISSION OFTHE COPYRIGHT OWNER National Organization On'Legal Problems of Eduostion '4" Copyright (i) 1968 bYthe' National Organization On Legal Problems of Education Ail Rights Reserved NOM CONFERENCE PROCEEDINGS November 8-10, 1967 Deauville Hotel Miami Beach, Florida TABLE OF CONTENTS The Copyright Law and Education Harry N. Rosenfield, Attorney Washington, D. C. Legal Rights of Students in the School Setting Warren E. Gauerke Wayne State University Legal Rights of Minors in Sooiety Thomas A. Shannon, Schools Attorney San Diego Unified School District Legal Problems Related to EXtra Curricular Activities J David Mohler University of Mississippi The Dootrine of 'In Loco Parentis't Past and Present K. Donald Moran, Administrator College High Laboratory School Kansas State College Law for Educators: One Approach Edward C. Bolmeier Duke University EMinent Domain and School Districts . Wallace E. Good, Assistant Dean Kansas State Teachers College Race Relations and the Sohools in the United States: Law and Policy Gordon Foster and Michael J. Stolee South Korida School Desegregation Counsulting Center, University of Miami Mediation, Fact Finding, Arbitration Reynolds C. Seitz Professor of Law Marquette University Memorandum Outlining The Provisions of The Public Employees' Fair Employment Act John E. Glenn, Attorney Albany, New York The Negotiating Council in California An Innovation in Teacher-School Board Relations Clarence H. Langstaff Assistant County Counsel Los Angeles City Board of Education NATIONAL ORGANIZATION ON LDGAL PROBLEMS OF EDUCATION President E. Edmund Reuther, Jr. Professor of Education Teachers College, Columbia University New York, New York 10027 PresidentElect Martha L. Ware Assistant Director, Research Division National Education Association 1201 Sixteenth Street N. W. Washington, D. O. 20038 PastPresident Henry E. Butler, Jr. Associate Professor College of Education University of Rochester Rock ester, N. Y. 14827 fisooretary-Treasurer M. A. McGhehey 825 Western Avenue Topeka, Kansas 66608 FL 7.1144 Executive Committee Robert 1. Simpson, 14137 Associate Professor of Education Miami University Oxford, Ohio 45058 Thomas A. Shannon, 1987 Legal DiegoDiego Unified School District 4100 Normal Street San Diego, California 92103 Allen Thlemich, 1967 Assistant Executive Secretary Minnesota Education Association 41 Sherburne Avenue St. Paul, Minnesota 55103 James O'Meara, 1967 15411 Marlene Avenue Cleveland, Ohio 44135 Howard R. Jones, Dean, 19e4 College of Education University of Iowa Iowa City, Iowa 52240 Eric Groexinger, 1968 State Depurtment of Education 225 West State Street Trenton, New Jerecy 08608 Roger M. Shaw, 1968 Professor of Education Kent Skit. University Kent, Ohio 44240 Joseph M. Nygaard, 1988 Associate Professor of Education Butler University Indianapolis, Indiana 48208 COPYRIGHT LAW AND EDUCATION By Harry N. Rosenfield Attorney Washington, D.C. The copyright law is a legal "sleeper" in the field of school law. It has a vital impact on the educational process, but is often unknown to those whom it affects, even when it subjeots them to heavy financial liabilities and penalties. It is a Federal law; constitutionally, it pre-empts state law. And, until recently, those who dealt With the copyright law rarely, if evert thought of its impact upon schools. It is highly technical, and is almost invariable involved with conflicts between competing commercial interests. The copyright law affects the educational process in at least three ways: I. TEACHERS - - are affeoted in two ways: (a) as authors of copyright works - - they want maximum proteotion; (b) as users of copyrighted works - - they want the greatest possible freedom of use of copyrighted works without legal or administrative limitations. II. SCHOOL BOARDS - - have many-faceted stakes: (a) as purchasers of instructional materials - - costs are affected by royalties; (b) as curriculum approvers - - their plans may be affected by copyright limitations on all sorts of curriculum material; (c) as employers - - especially in connection with copyright on works prepared by their employees within the scope of their duties. III. STUDENTS are affected es users in the learning process. Let's be specific. Just what are we talking about? Example one The following is an excerpt from the forthcoming NEA JOURNAL for December, as an example of a technique to make homework interesting and meaningful: "High Sobool: The class was assigned to watch a 'discovery' program on TV that dealt kith a subject we were studing. I tape recorded the audio portion-ids the broadcast.The next day we listened to the tape in class and used it to ignite a lively and intensive discussion of the subject. Thus we were able to make full use of a professional presentation costing many thousands of dollars and involving many highly talented people." as1, what are the copyright implications? 5 Example Two Take a map in a Sunday Newspaper Supplement or Magazine, a map perhaps of newly emerging countries of Africa. What does a teacher do with the map in school? Here are eight good possibilities: (1) She displays the original on the bulletin board. (2) She projects the original on an opaque projeotor. There is no permanent, tangible copy. There is no problem under copyright. (3) She makes a transparency for overhead projection. (4) She makes it into a slide for a slide projector. This raises very serious problems under present law. The Register of Copyrights says, "NO, one cannot copy an entire work." (5) She makes 30 copies on an instant fluid duplicator to supply one copy for each student in one class. (6) She makes 100 copies on an off-set duplicator for members of three classes. Under present law, this would be allegedly illegal as copying an entire work. (7) She displays the original on ITV.Here there would be no problem. (8) She tapes for delayed broadcast, closed oircuit, one station. Under present law, its legality would be terribly uncertain. BENagailalt A poem is to be used on an examination for analysis. At one time the attorney for the Authors League said, "Do this, and sue for infringement." After a long period of Congressional hearings and lengthy clamor, this was retracted. Under the new proposed bill, according to the House Report, such use would be acceptable. Other Examples of what teachers do with copyrighted materials: (1) An elementary school teacher makes photocopies of a short story from a supermarket magazine for use in choral reading. (2) A physical education teacher dittoes a digest of rules from an offioial rule book. (3) A science teacher makes class copies of an excerpt from a school library reference book to be used immediately. (4) A music teacher tapes his high school orchestra performance for self- evaluation purposes. (5) An English teacher mimeographs several short poems by poets.represented very superficially in air anthology which is used as a text by the students. (6) A social science teacher tapes a radio-TV debate for class discussion the following morning. Here's what we're talking about. This is creative teaching. \ CAN GOOD AND REASONABLE TEACHING PRACTICE BE ILLEGAL COPYRIGHT PRACTICE? For years many of these and other good teaohing praotices have been in wide- spread use, and scarcely anyone thought of the copyright angles.But now that the issue has been raised, many school boards and supervisors fear that the failure to assure the legality of basically sound and reasonable teaching practices will cur- tail and handicap oreative and imaginative teaching seriously. Such reasonable practices have grown up over the years under existing copyright law, and both education and copyright proprietors have prospered. The problem facing the Con- gress today is the need to legitimitize reasonable educational practices so that teachers won't be forced either to drop them, to the detriment of the pupils, or to continue them "under the table." That this will also be to the advantage of copyright
Load more

Recommended publications
  • Vol. 33, No. 1: Full Issue
    Denver Journal of International Law & Policy Volume 33 Number 1 Winter Article 13 2004 Sutton Colloquium April 2020 Vol. 33, no. 1: Full Issue Denver Journal International Law & Policy Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation 33 Denv. J. Int'l L. & Pol'y This Full Issue is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. DENVER JOURNAL OF INTERNATIONAL LAW AND POLICY VOLUME 33 2004-2005 Denver Journal of International Law and Policy VOLUME 33 NUMBER 1 Wlnter-2004 TABLE OF CoNTENTs 2004 SUTTON COLLOQUIUM KEYNOTE ADDRESS COLLECTIVE SECURITY AND THE UNITED NATIONS .................. U.S. Rep. Mark Udall 1 FOREWORD PREEMPTIVE AND PREVENTIVE USE OF FORCE, COLLECTIVE SECURITY, AND HUMAN SECURITY .................... Ved P. Nanda 7 ARTICLES THE PREVENTIVE/PREEMPTIVE WAR DOCTRINE CANNOT JUSTIFY THE IRAQ WAR ...................... Robert M. Lawrence 16 PREEMPTIVE OR PREVENTIVE WAR: A DISCUSSION OF LEGAL AND MORAL STANDARDS ...... Steven J. Barela 31 COLLECTIVE SECURITY WITH A HUMAN FACE: AN INTERNATIONAL LEGAL FRAMEWORK FOR COORDINATED ACTION TO ALLEVIATE VIOLENCE AND POVERTY .................. Jennifer Moore 43 HUMAN SECURITY, HUMANITARIAN INTERVENTION, AND THIRD WORLD CONCERNS .... Priyankar Upadhyaya 71 HUMAN SECURITY AND SOCIAL DEVELOPMENT.. John F. Jones 92 THE ROLE OF THE MEDIA, LAW, AND NATIONAL RESOLVE IN THE WAR ON TERROR ...... Robert Hardaway 104 2003-2004 LEONARD V.B.
    [Show full text]
  • Regulatory Takings and Original Intent: the Direct, Physical Takings Thesis "Goes Too Far" Andrew S
    American University Law Review Volume 49 | Issue 1 Article 3 1999 Regulatory Takings and Original Intent: The Direct, Physical Takings Thesis "Goes Too Far" Andrew S. Gold Follow this and additional works at: http://digitalcommons.wcl.american.edu/aulr Part of the Civil Law Commons, Constitutional Law Commons, and the Legal History, Theory and Process Commons Recommended Citation Gold, Andrew S. “Regulatory Takings and Original Intent: The Direct, Physical Takings Thesis ""Goes Too Far."" American University Law Review 49, no.1 (October 1999): 181-242. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Regulatory Takings and Original Intent: The Direct, Physical Takings Thesis "Goes Too Far" Keywords Regulatory Takings, Just Compensation, Constitution, Madison, Civil Law This article is available in American University Law Review: http://digitalcommons.wcl.american.edu/aulr/vol49/iss1/3 REGULATORY TAKINGS AND ORIGINAL INTENT: THE DIRECT, PHYSICAL TAKINGS THESIS “GOES TOO FAR” * ANDREW S. GOLD TABLE OF CONTENTS Introduction........................................................................................ 182 I. The Text: “Nor Shall Property Be Taken for Public Use Without Just Compensation.” .................................................. 187 A. The Meaning of “Taken”................................................... 187 B. Other Clauses in the Constitutional Text......................... 190 II. Madison’s Pre-Ratification Commentary................................. 192 A. Madison’s Proposal of the Bill of Rights........................... 192 B. The Framers’ Views on Property Rights ..........................
    [Show full text]
  • F20 Intl Interior Final.Indd
    Harvard international office autumn • winter 2020 1 CONTENTS NEW RELEASES 1 SPRING 2020 REANNOUNCEMENTS 46 PAPERBACKS 52 LOEB CLASSICAL LIBRARY 65 DUMBARTON OAKS MEDIEVAL LIBRARY 67 MURTY CLASSICAL LIBRARY OF INDIA 69 I TATTI RENAISSANCE LIBRARY 71 DISTRIBUTED BOOKS 72 INDEX 93 ORDER INFORMATION 95 2 Out of the Ordinary Marc Stears From a major British political thinker and activist, a passionate case that both the left and right have lost their faith in ordinary people and must learn to find it again. This is an age of polarization. It’s us vs. them. The battle lines are clear, and compromise is surrender. As Out of the Ordinary reminds us, we have been here before. From the 1920s to the 1950s, in a world trans- formed by revolution and war, extreme ideologies of left · · and right fueled utopian hopes and dystopian fears. In ⁄ ⁄ · $. • £. response, Marc Stears writes, a group of British writers, ­ / artists, photographers, and filmmakers showed a way out. These men and women, including J. B. Priestley, George . · Orwell, Barbara Jones, Dylan Thomas, Laurie Lee, and Bill Brandt, had no formal connection to one another. But they each worked to forge a politics that resisted the empty idealisms and totalizing abstractions of their time. Instead they were convinced that people going about their daily lives possess all the insight, virtue, and determination required to build a good society. In poems, novels, essays, films, paintings, and photographs, they gave witness to everyday people’s ability to overcome the supposedly insoluble contradictions between tra- dition and progress, patriotism and diversity, rights and duties, nationalism and internationalism, conservatism and radicalism.
    [Show full text]
  • Vitior Io Ro'landi Ricci,'21
    The Undergraduate Publication of ~rinitp <!!oUege VOL. XVII HARTFORD, CONN., TUESDAY, JULY 5, 1921 No. 30 CLASS DAY IPRESIDENT OGILBY WITH SIGNOR FAIREWELL TO EXERCISES VITIO~ RIO RO'LANDI RICCI, '21 CLASS o·F '21 EXERCISES HELD 'NEATH THE PRESIDENT OGILBY PREACHES ELMS-TWENTY-TWO SENIORS FIRST BACCALAUREATE PARTICIPATE IN ANNUAL SERMON. CEREMONIES. Pres·ident Remsen B. Ogilby preach­ The Class Day exercises of the ed his first baccalaurea·te sermon Cl·ass of 1921 were held 'Neath the Sund-ay evening, June 14, at Christ Elms on Saturday afternoon. Church Cathedral. In his farewell An appreciative assemblage of message to the class of 1921, the fathers, mothers, sweethearts, and president took occasion to express old grads were present to h ear the the hope that the Harding adminis~ slams and compliments which were traJtion would adopt an extensive r-ather than an intensive policy, and tossed among the twenty-two seniors. criticized Arrnlbassador Harvey for Karl Pierce Herzer as Class Day his recent Pilgrim Day speech. president, said: The Baccalaureate Sermon.. "It is in accordance with an o~d Text-"And immediately the Spirit custom that the class of 1921 is as­ driveth Him forth into the wi~der­ sembled this ·afternoon for the exer­ cises which distinguish the day from ness."---oMark 1: 12. all others. Class day is the day set "The Holy Spir~t is the dynamic aside by the graduates for the enter­ power of God acting directly upon tainment of friends. We are not human life. Note here the force of present to express our regret on leav­ the verb: it is not simply the leading ing college but to display the advan­ of the Spirit, the phrase of the other tage gained here.
    [Show full text]
  • Notes and References
    Notes and References Introduction 1. Thomas Hobbes, The Elements of Law, Natural and Politic, edited with a Preface and Critical Notes by Ferdinand Tönnies (1889), 2nd edition with a new Introduction by M.M. Goldsmith (London: Frank Cass, 1969). 2. For the text of this work in the English version from 1651, see: Thomas Hobbes, De Cive, The English Version, entitled in the first edition Philosophicall Rudiments concerning Government and Society, ed. Howard Warrender, The Clarendon Edition of the Philosophical Works of Thomas Hobbes, Volume 3 (Oxford: Clarendon Press, 1983). 3. Thomas Hobbes, Leviathan, or the Matter, Form, and Power of a Commonwealth Ecclesiastical and Civil, The English Works of Thomas Hobbes, collected and edited by Sir William Molesworth, Volume 3 (London, 1839). 4. For the authoritative treatment of the modern natural law tradition, the status of Grotius as its founder, and the place of Hobbes within it, see: Richard Tuck, Natural Rights Theories: Their Origin and Development (Cambridge: Cambridge University Press, 1979), especially Introduction, Chapters 3 and 6; Hobbes (Oxford: Oxford University Press, 1989); Philosophy and Government 1572–1651 (Cambridge: Cambridge University Press, 1993), especially Preface, Chapters 5 and 7. 5. For a general survey of the historical development of international law, see: Arthur Nussbaum, A Concise History of the Law of Nations, 2nd edition (New York: Macmillan, 1954), especially Chapters 4–5 for discussion of the principal writers on the law of nations of the seventeenth and eighteenth centuries. 6. Hugo Grotius: De Jure Praedae Commentarius, translation of the original manu- script of 1604 by Gwladys L. Williams with the collaboration of Walter H.
    [Show full text]
  • American Philological Association
    American Philological Association Proceedings of the Forty-Second Annual Meeting of the American Philological Association Held at Providence, Rhode Island, December, 1910 Also of the Twelfth Annual Meeting of the Philological Association of the Pacific Coast Held at San Francisco, California November, 1910 Source: Transactions and Proceedings of the American Philological Association, Vol. 41 (1910), pp. i-iii+v-ciii+cv-cxl Published by: The Johns Hopkins University Press Stable URL: http://www.jstor.org/stable/282724 . Accessed: 22/10/2011 09:10 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. American Philological Association and The Johns Hopkins University Press are collaborating with JSTOR to digitize, preserve and extend access to Transactions and Proceedings of the American Philological Association. http://www.jstor.org PROCEEDINGS OF THE FORTY-SECOND ANNUAL MEETING OF THE AMERICANPHILOLOGICAL ASSOCIATION HELD AT PROVIDENCE, RHODE ISLAND, DECEMBER, 19IO ALSO OF THE TWELFTH ANNUAL MEETING OF THE PhilologicalAssociation of the PacificCoast HELD AT SAN FRANCISCO, CALIFORNIA NOVEMBER, 191O PUBLISHED FOR THE ASSOCIATION BY GINN & COMPANY, 29 BEACON STREET, BOSTON, MASS. MEMBERS IN ATTENDANCE AT THE FORTY-SECOND ANNUAL MEETING, PROVIDENCE, RHODE ISLAND Frank Frost Abbott, Princeton University, Princeton, N.
    [Show full text]
  • Safe at Home: Establishing a Fundamental Right to Homeschooling Billy Gage Raley
    Brigham Young University Education and Law Journal Volume 2017 | Issue 1 Article 3 Spring 4-1-2017 Safe at Home: Establishing a Fundamental Right to Homeschooling Billy Gage Raley Follow this and additional works at: h=p://digitalcommons.law.byu.edu/elj Part of the Law Commons Recommended Citation Billy Gage Raley, Safe at Home: Establishing a Fundamental Right to Homeschooling, 2017 BYU Educ. & L.J. 59 (). Available at: h=p://digitalcommons.law.byu.edu/elj/vol2017/iss1/3 . <is Article is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Brigham Young University Education and Law Journal by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. Raley.59-98.docx (Do Not Delete) 3/13/17 10:40 AM SAFE AT HOME: ESTABLISHING A FUNDAMENTAL RIGHT TO HOMESCHOOLING Billy Gage Raley* I. INTRODUCTION Over the past thirty years, homeschooling has exploded in popularity. The U.S. Department of Education estimates that nearly two million children were homeschooled in the United States as of 2011.1 It is predicted that “[w]ith an increasing array of services available to homeschool students and their families, the number of homeschool students will likely increase in coming years.”2 The homeschooling movement has experienced great success at the state level in its fight for legal recognition of the right to homeschool. Homeschooling’s legal status was uncertain during the movement’s early days, as many states’ compulsory school attendance laws did not include exemptions for parents who educated their children at home.3 After a long string of legislative and judicial victories, however, homeschooling is now recognized as legal in all fifty states.4 Despite the movement’s impressive legal track record, the right to homeschooling currently rests on a precarious foundation.
    [Show full text]